Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

(OT) (CO) MDWDM Muxponder

Download as pdf or txt
Download as pdf or txt
You are on page 1of 132

RAILTEL CORPORATION OF INDIA LIMITED

(A Govt. of India Undertaking)


(CIN: U64202DL2000GOI107905)

ELECTRONIC TENDER DOCUMENT

FOR WORK OF

“Design, Supply, Installation, Testing & Commissioning of MDWDM Muxponder


system including Integration with the existing network of RailTel”

OPEN TENDER (Two Packet System)

खऱ
ु ी ई-निविदा ि. RailTel/Tender/OT/CO/Project/2023-24/MDWDM Muxponder/010
Dated: 24.07.2023

OPEN E-TENDER NO. RailTel/Tender/OT/CO/Project/2023-24/ MDWDM


Muxponder/010 Dated: 24.07.2023

निनिदा दस्तािेज की कीमत: रु.2,950/-(टैक्स सनित)


Cost of Tender Document – Rs 2,950/- (Including Taxes)

Page 1 of 132
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
INDEX

Chapter Contents Page No.

Chapter 1 Offer letter 6

Schedule of Requirement 7-10

Chapter 2 Annexure-A: Price Schedule for supply Items 11

Annexure-B: Price Schedule for Service Items 11

3A. Technical Requirements and Specifications 12-22


Chapter 3
3B. Supply, Installation and Supervision of Testing,
23-29
Commissioning & Integration

4A. Commercial Terms and Conditions 30-65

Chapter 4 4B. Instructions to Bidders 66-69

4C. E-tendering Instructions to Bidders 70-72

Chapter 5 Bid Data Sheet (BDS) 73

Form No. 1: Proforma for Performance Bank Guarantee 74-75

Form No. 2: Proforma for System Performance Guarantee 76

Chapter 6 Form No. 3: Proforma for the Long term Maintenance


77
Support

Form No. 4: Checklist of Essential Documentation/ Activity 78-80

Form No. 5: Manufacturer Authorization Form (MAF) 81

Page 4 of 132
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
Form No. 6: RTGS Mandate 82

Form No. 7: Proforma for Standing Indemnity Bond 83

Form No. 8: Affidavit 84

Form No. 9: Consortium Agreement 85-87

Form No. 10: JV Agreement 88-90

Form No. 11: Format of Affidavit to be submitted along


91-92
with bid.

Form No. 12- Format for Nil Deviation 93

Form No. 13- Format for Integrity pact 94-105

Form no.14- Performa for ―No Malicious Code


106
Undertaking letter by bidder and OEM

Form no.15- Contract Agreement 107-108

Detailed standard conditions applicable for the Annual


Chapter 7 109-121
Maintenance Contract

Annexure-I Land Border coditions and certificate 122-123

Annexure-II-
Network topology & locations 124-127
A&B

Annexure-III Format of testing & benchmarking 128-132

********

Page 5 of 132
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
CHAPTER-1

OFFER LETTER

RailTel Corporation of India Ltd.


Plate-A, 6th Floor,
Office Block Tower-2,
East Kidwai Nagar,
New Delhi-110023

Ref: RailTel/Tender/OT/CO/_______date:________

1. I/We _______________________________________________ have read the various


conditions detailed in tender documents attached here to and hereby agree to ABIDE BY
THE SAID CONDITIONS. I/We also agree to keep this offer open for acceptance for a
period of 120 days from the date of submission and in default thereof. I/We will be liable
for forfeiture of my/our Earnest Money. I/We offer to supply various equipment at the
rates quoted in the attached schedules and hereby bind myself/ourselves to complete the
work within 180 days from the date of issue of Purchase Order/LOA. I/We also hereby
agree to abide by the Various Conditions of Contract and to carry out the supplies
according to the Specifications for materials and works laid down by the RailTel.
2. A sum of Rs. _________ (____amount in words_____) through eNivida Portal herewith
submitted as “EMD‖.The full value of Earnest Money shall stand forfeited without
prejudice to any other rights or remedies if,

I/We withdraw or modify the offer within validity period or do not deposit the security
deposit (Performance Bank Guarantee) within specified days as per tender after issue of
Purchase Order/LOA.
or
I/We do not execute the contract agreement within 15 days after receipt of notice issued by
the RailTel that such documents are ready,
or
I/We do not commence the work within 15 days after receipt of orders to that effect.

Until a formal agreement is prepared and executed the acceptance of this tender document
shall constitute a binding contract between us subject to modifications, as may be mutually
agreed to between us and indicated in the ―Letter of Acceptance‖ of my/our offer for this
work.

SIGNATURE OF CONTRACTOR(S)

Date

CONTRACTOR (S) ADDRESS

SIGNATURE OF WITNESS

1.

Page 6 of 132
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
CHAPTER-2

SCHEDULE OF REQUIREMENT

Schedule-A: Supply
Unit Rate
Total cost
(inclusive all) Make % of
(inclusive all)
Description Unit Qty & Local
SN
In Fig In In Fig In Model Content
(INR) Words (INR) Words
1 Supply of Access Lot 1
Muxponder
system (400Gbps)
for providing
channel on
RailTel‘s existing
DWDM system as
per technical
requirement,
network topology
and technical
specifications
defined in
Chapter-3A of
tender document.
2 Spares @ 8% of Lot 1
supply against
item no. 1 above.
3 Supply of any Lot 1
other equipment,
cards considered
necessary to meet
the end objectives
as detailed in the
tender document.
Sub total of
Schedule-A

Schedule-B: Services
Unit Rate Total cost
SN (inclusive all) (inclusive all)
Description Unit Qty
In Fig In In Fig In
(INR) Words (INR) Words
1 Design, Installation, Testing, Lot 1
Commissioning and
Integration of channels over
RailTel existing DWDM
network through MDWDM
muxponder system as
supplied against Schedule-A
of Supply.
Sub total of Schedule-B

Page 7 of 132
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
Schedule-C: AMC/ Long Term Maintenance Support
Unit Rate Total cost
SN (inclusive all) (inclusive all)
Description Unit Qty
In Fig In In Fig In
(INR) Words (INR) Words
1 Total Annual Maintenance
Charges of Schedule-A after
warranty period as defined in Years 5
clause- 4.A.3 of chapter-4A of
tender document.
Sub total of Schedule-C
Total of Schedule (A+B+C)

Page 8 of 132
Digitally signed by SAVITA
Date: 2023.07.24 12:58:44
IST
Note
Unit rate quoted against SOR above should be CIP destination inclusive of all duties, taxes,
insurance and freight etc. (with break-up as per Performa attached as Annexure-A and B of this
I Chapter). The materials as per SOR are required to be delivered at site as indicated in clause
4.A.4 of Chapter-4A. It shall be the responsibility of Tenderer to transport the equipment to site.
Bidder to give the detailed Bill of Material including break up of cost of common
II
units/cards/module/chassis/License/Patch Cords, in the price bid for Schedule-A.
Tenderer shall attach Unit Rate Analysis of the item of the Schedule-A i.e. cost of each sub-
III assembly, card, module,License, Patch Cords etc. in their Price Bid. The quoted Unit Rate
should correspond to the referred Rate Analysis.
Tenderers should submit the configuration/technical details of offered equipment indicating
IV quantities of various modules/ sub modules/ cards/ sub racks including the vacant slots in the
sub racks/ chassis for expansion in Technical bid.
Cost of any license fee required to be paid for hardware & software shall be included in the rate
quoted by the tenderer. All software supplied by the bidder should have perpetual license. There
V
shall be no post contractual liability of license fee on RailTel for hardware & software supplied
by tenderer.
The Bill of Material will be prepared for Schedule of Requirement against each item of SOR.
This Bill of Material will be called ―Bill of Material for Schedule of Requirement‖ and will
comprised of duly filled rates of each item and will be prepared according to Note (I) to (V)
above.
The Un-priced copy (with make & model) of the SOR along with the Breakup of
individual itemized BOM (as per Format given below) should be submitted with the
Technical Bid for evaluation. The above document submitted along with technical bid
should not include any prices, if found so, the bid shall be summarily rejected.

BOM shall be duly vetted by the OEM.

Bidder(s) shall upload the complete SOR along with the price Breakup of individual
itemized BOM for EACH ITEM (as per Format given below) along with the Financial bid.
VI The Financial Bid submitted without itemized priced BOM may liable to be rejected
The Format of ―Bill of Material for Schedule of Requirement‖ is as below:
SN Item
Sch- A1

Sch- A2

Sch- B1

Sch- C1
Unit

Qty

1 (to be provided by
bidder)
2 (to be provided by
bidder)
- -

Non compliance of following will lead to summarily rejection of Bidder‟s bid:-


VII
i. Tender Cost and EMD as per clause 4.A.22 of Chapter-4A.
ii. If any Price Bid/Priced BOM submitted along with Technical Bid.
Evaluation of bids will be done based on Total cost of Schedule-A, Schedule-B & Schedule-C
VIII including taxes. After completion of evaluation process, LOA/Purchase Orders will be issued in
favour of the selected bidder.

Digitally signed by SAVITA


Page 9 of 132 Date: 2023.07.24 12:58:44
IST
The Bidder(s)/OEM(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
IX
certifications, subsidiary contracts, submission or non submission of bids or any other actions to
restrict competitiveness or to introduce cartelization in the bidding process.
The tenderer shall make available the offered products during technical evaluation of offered
equipment for testing and benchmarking to RailTel in Delhi-Agra Section or any other section
as decided by RailTel. Testing shall be completed by bidder within 30 days from the date of
intimation to bidder. Testing shall be conducted by NOC/CNOC for technically qualified
X
bidders as defined in clause 4.A.47, Ch-4A. Testing and bemchmarking may be exempted in
case equipment offered by any bidder is already working in RailTel‘s network successfully,
however decision of RailTel in this regard will be final and binding on bidder. Please refer
clause 4.A.16.3 of Chapter-4A.
Only Class-I & Class-II local suppliers are eligible to participate in this tender. Work is not
divisible. Purchase preference will be given to Class-I local supplier meeting the criteria of
minimum 50% Local Content (LC) or as notified in the Notification no. 18-10/2017-IP dated
29.08.2018 issued by Department of Telecommunication (DOT) and Notification No.
33(1)/2017-IPHW dated 14.09.2017 issued by MeitY or latest notification issued till opening of
tender.

Among all qualified bids, the lowest bid will be termed as L1. If L1 is Class-I local supplier, the
XI contract will be awarded to L1. If L1 is not Class-I local supplier, the lowest bidder among the
Class-I local supplier, will be invited to match the L1 price subject to local supplier‘s quote
price falling with in the margin of purchase preference of 20%, and the contract shall be
awarded to such Class-I local supplier subject to matching the L1 price. In case such lowest
eligible Class-I local supplier fails to match the L1 price, the Class-I local supplier with the next
higher bid within the margin of purchase preference of 20%, shall be invited to match the L1
price and so on and contract shall be awarded accordingly. In case none of the Class-I local
supplier within the margin of purchase preference of 20%, matches the L1 price, the contract
may be awarded to the L1 bidder. Please refer clause-4.A.41.1 of Chapter-4A of this tender.

Digitally signed by SAVITA


Page 10 of 132 Date: 2023.07.24 12:58:44
IST
1
SN

1
SN
HSN Code
Description

2
2
Description

3
Total Qty

3
Total Qty
1.1.1.1.1.1 Basic Unit Price exclusive of

4
all levies and charges (in Rs.)

EX-Factory Price (Basic Unit Price

4
exclusive of all levies and charges)
(in Rs.)
1.1.1.1.1.2 Other Charges
and Levies, if
Amt (in

5
5
any (to be
%

Rs.)
specified by Pkg & Forwarding
bidder) Amt (in Charges
6

Annexure-B
Annexure-A

Rs.)

Page 11 of 132
7

(End of Chapter- 2)
%
Freight &

6
% Amt (in Insurance Charges
8

Rs.)

CGST, Other Charges and


IGST,SGST& Amt (in
9
Price Schedule for Supply Items (Schedule-A)

Levies (to be
GST Rs.)
Amt (in specified by bidder)

7
Rs.)
CGST,
10

%
Price Schedule for Services & AMC Items (Schedule-B & C)

IGST,SGST& GST
Amt (in
11

Rs.)

IST
1.1.1.1.1.3 Unit price (all Price Per Unit (all
Amt (in

8
inclusive) inclusive) for
Rs.) Amt (in
(4+5+7)
12

delivery at
Rs.)
destination
(4+6+8+9+11)

Date: 2023.07.24 12:58:44


Digitally signed by SAVITA
CHAPTER-3A

TECHNICAL REQUIREMENTS AND SPECIFICATIONS

3.A.1 INTRODUCTION

RailTel is implementing optical fiber based Muxponder System with new generation
optical networking systems (SDN Based). The desired network should accommodate the
growing demand for bandwidth, while maintaining compatibility and enhanced flexibility
to transport and route all traffic types using existing Dense Wave Division Multiplexer
(DWDM). RailTel desires to create 100G Channel over existing DWDM/M-DWDM (mix
of 10G wavelength and 100G coherent wavelength ) network by using Alien wavelength.

The Proposed Muxponder solution shall be supported 400 Gbps (4x100G Coherent Line)
in Backbone side for Muxponder Access System. The system must be programmable and
highly intelligent, robust and based on open architecture.

The technical specification given in this part describes functional as well as performance
requirements of the proposed telecom network.

The DWDM system shall meet the requirements of both metro and long-haul networks.

3.A.2 OVERVIEW OF THE SCOPE OF WORK

The scope of work would be System Design, Supply of Equipment at various


sites/locations of RailTel. The scope also includes installation, testing, commissioning &
acceptance of the Muxponder System Network including integration with the existing
NOC/OSS system by providing standard northbond API‘s from supplied controller for
management of devices. The scope of work shall include, but not be limited to the
following:

Project Management, Supply of all related goods and providing all related services
including custom clearance if required, transportation, installation, testing, commissioning
& AT of the telecom system and training of RailTel personnel.

3.A.3 DESIGN OF NETWORK

3.A.3.1 Bidder/OEM shall propose Alien wavelength supported standard Muxponder system
4x100G (with 10G SFP+, Fiber channel ,STM-16 , 100G QSFP28 client options). Standard
Line side Coherent port should support following optical parameters.

SN Parameters Values
1 Reach (km) with 100G over 150* Km with following parameters
DWDM Network (with 1. Fiber loss per section: 22db
DCM) 2. Total connector Loss: 1dB.
3. Fiber Repair Margin: 2dB.
4. Fiber Type: -Single mode G652D
5. No of Sections: -4 Nos
2 Reach (km) with 100G 250* Km with following parameters
DWDM Network (without 1. Fiber loss per section: 22db
DCM) 2. Total connector Loss: 1dB.
3. Fiber Repair Margin: 2dB.
4. Fiber Type: -Single mode G652D
Digitally signed by SAVITA
Page 12 of 132 Date: 2023.07.24 12:58:44
IST
5. No of Sections: -4 Nos
6. No of OADM Side (ROADM) in between
–01 Nos

*For Reach Link Calculation purpose, Bidder/OEM shall take optical parameters (Like
insertion loss, OSNR penalty) for reference of existing equipment (make given in
Annexure-II(B) components as per clause no. 3.A.3.2(8) of this chapter like Mux/De-mux
(40Ch), ROADM (4x1), Amplifiers etc. for M-DWDM Transponder system .

3.A.3.2 Following photonic shall be considered for design

1. Existing OADM sites equipped with 8 Channel Mux/De-mux (minimum) with 100 GHz
channel spacing or OADM (ROADM) sites equipped with 40 Channel Mux/De-mux
(minimum) with 100 GHz.

2. ILA sites equipped with Mid Stage Amplifier for East Direction and West direction.

3. The proposed Transponder shall be coherent technology based & link performance shall
meet BER at 1E-15.

4. RailTel will provide Rack Space (Maximum 8 RU) per location and p o w e r (DC) for
equipment Installation & Commissioning. In case of Rack Space required is more space in
that case bidder should provide & install Smart Telecom Rack (42 RU) with inner air
conditioning (2 KW & external outdoor unit and SNMP monitoring of Temperature). In
this case DCDB, MCBs, power cables (approx. 15 mtr per site) required for extending
power from Power distribution point shall be provided by the bidder.

5. -48 Volt DC Power Supply will be made available by RailTel (For the Access Muxponder
System 800W) in the existing rack with MCB. In case the offered equipment requires
more – 48 Volt DC Power Supply, in that case bidder shall provide DC Charger (N+1
SMR redundancy) and battery bank of the required capacity and same should be from
approved make/model from RDSO/TEC. Two sets of 48 Volt DC Charger & Battery bank
(Minimum 300AH) at locations should be provided & installed by bidder with no
additional cost to RailTel.

6. Vendor must ensure that proposed system must have co-exist with channels in existing
Network without any extra Hardware. System should be designed as per traffic
requirement proposed by RailTel regional NOC/CNOC at time of commissioning of
equipment. However, any extra repeater required as per design for traffic requirement
(proposed by RailTel regional NOC/CNOC), same will be arrange by RailTel with
variation in contract.

7. Bidder is also required to submit full link budget calculation along with input parameters
Vs output of planning tool at time of commissioning of equipment.

8. Details of Optical layer characteristics of DWDM

1. Photonics details
a. WSS : 8x1 WSS & 4x1 WSS
i. C-band, 1529.94 to 1561.42 nm.
ii. Demux Insert loss (Max): 7.8 dB
iii. Mux Insert loss (Max): 12.4 dB

Digitally signed by SAVITA


Page 13 of 132 Date: 2023.07.24 12:58:44
IST
b. Mux/Demux
i. 100GHz 40 Channel module
ii. C-band 19590-19200
iii. Add Insert loss (max): 6.0 dB
iv. Drop Insert loss (max): 6.6 dB

2. Architecture of ROADM: Directional ROADM


3. OSNR of existing TXPs :Not Applicable for design validation
4. DGE sites :Not specifically used
5. Amplifier Noise Figure
i. Line A: 5.5dB
ii. Line B: ~ 5-10 dB

3.A.3.3 Access Muxponder Network shall be designed and provisioned as per Annexure-II(A)
(Network topology) and Annexure-II(B) (Link details) of tender. In case of any repeater
(transponder/Muxponder) is required in between locations to design and provision as per
these annexures, same shall be arranged by RailTel through variation in existing contract.
Each Access Muxponder system should comply technical specifications defined in Tender.

3.A.3.4 RailTel will provide required photonics details including fiber losses for designing of
Network to OEM/Bidder at time of Installation of Network.

3.A.3.5 Access Muxponder System

1. Next Generation (NG) Muxponder System (SDN Enable) shall be based on state of art
Modern technology which drives high-capacity cost effectively and lowers operational
cost. NG Muxponder system shall operate at discrete wavelengths in the C-band centered
around 193.1 THz frequency as per ITU-T Rec.G.694.1 grid. The NG Access Muxponder
system shall support transmission of single carrier channel 100G Coherent line rate. Line
Ports shall support line rate as per requirement to cover different application on the same
chassis with no changes to any of the common equipment at the optical or photonic layer
provided meeting link budget.

The Muxponder system shall be designed for use in transport networks as a protocol
transparent solution for a variety of client/services.

i. The system shall support 400G capacity (with client option of 4x 100 GE and
20x10GE at Client side & and 4X100G at line side). The system shall provide
flexibility to map ODU2/ ODU2e/ ODU3/ ODU4/ ODU flex to 100G line ports.
System shall support client and line side protection if required. In case of system
support client protection through external module, in that case bidder shall provide
5 ports of active client protection module at sites as a spare. These client protection
modules may be used to protect the 10/100G services in case required at any
proposed sites.

ii. System shall support flexible client to line connections, client to client connections
(hairpinning), Line to Line connections in case of multiple line on same card. Any
client port can connect to any client port or line port on same card.

iii. System shall support protection capability support (in case required in future) for
1+1 Line optical channel protection and Client 1+1 protection.

Digitally signed by SAVITA


Page 14 of 132 Date: 2023.07.24 12:58:44
IST
iv. The system shall support out of band FEC as per ITU-T Rec. G.709

v. Optical monitoring as per ITU-T Rec.G.697 should be supported at all nodes


through EMS or Controller.

vi. The equipment shall have the provision for monitoring the performance of
individual channel through overhead byte of OTUCn. Also, in the case Ethernet
support, there shall be the provision of analysis of Ethernet frames.

vii. Solution must support higher channel rate from 200G to 400G using single carrier
on same proposed System if required in future by upgradation/replacing
License/Module/Card.

viii. For the optical connectors used on the equipment side the ‗Optical Return Loss‘ of
these connectors shall better than 50 dB.

ix. Line port shall be provided with tunable laser covering the complete C-band for 100
GHz spacing for fast provisioning of transparent end-to- end services and spare part
reduction.

x. The equipment shall be housed in the standard 19'' width sub-racks.

xi. The system shall comply to laser hazard class 1M or better.

xii. The network based on the System should easily evolve from a point-to-point
unprotected system to a ring or mesh network. Migration and expansion shall not
cause any interruption or change of service, nor modify the operational concept or
network management.

xiii. System should have automatically switched equipment protection for Power Supply
protection and there shall be no interruption absolutely to traffic.

xiv. System shall be built in such a manner that it should work with existing ROADM
network based on above parameters and supplied SDN Controller should provide
latest APIs, which shall further facilitate multivendor interoperability. System shall
support configuration management, streaming telemetry (gRPC, gNMI), open APIs,
and standards-based SNMP/YANG models. These management features should be
available at no cost to RailTel.

xv. All the Line ports of Access Muxponder system shall support minimum back-to-
back OSNR sensitivity of -14 db at 100G line rate (10x10G) on 40 Channel system.

2. Power Supply

a. Nominal power supply is -48 V DC. The equipment shall work in the range -40 V DC
to -60 V DC.
b. The equipment shall be protected in case of voltage variation beyond the range specified
in sub clause (a) above and also against reverse input polarity.
c. The derived DC voltages in the equipment shall have protection against over- voltage,
short circuit and overload.
d. The equipment shall have the option of operating from two independent sources of input
power supply.
Digitally signed by SAVITA
Page 15 of 132 Date: 2023.07.24 12:58:44
IST
3. Alarms:

The following System related alarm conditions shall be reported by the EMS/Controller
a. Input power failure of the Transponder/Mux-ponder interface (including Ethernet
interfaces).
b. Fan/s failure
c. Hardware failure alarm
d. Low input power at Transponder
e. Low input OSNR.
f. High Bit Error
g. ODU-k related alarms

4. Line port shall support Post FEC BER 10-15 for all 100G rates.

5. Protection switching shall be triggered (50 ms) based on Loss of Signal and
signal degrade, if required.

6. Bidder needs to provide SDN Controller in HA (1+1) for Network management to manage
the network elements. Supplied SDN Controller shall be connected with existing unified
OSS via open-source APIs provided by Bidder at no cost to RailTel. Web based planning
tool on-premises for Link Planning should also be provided along with device with no cost
to RailTel however VMs for same will be provided by RailTel.

7. Proposed system shall be managed by single unified system/Controller with DC & DR


(active and standby) for all the active components. Bidder shall also propose Open
Controller (Multi-vendor) based Management System for managing system with DC & DR
(active and standby). All licenses required for Northbound and Southbound interface (API)
should be equipped with offered solution at no additional cost to RailTel.

8. Bidder/OEM can also leverage existing Management system deployed in RailTel, if the
OEM shall provide Undertaking for long term support for 8 years for all existing
components irrespective of End of Life of the existing hardware/License/Software.
Hardware/License/Software required for such up gradation shall be included in price bid.

9. Proposed system shall have management through remote CLI/Telnet/http/https and for
alarm management, system support SNMP trap, syslog and SNMP polling.

10. Proposed system shall support third-party optics (MSA Complaints) at client side with no
cost to RailTel. Bidder can propose fully compatible third part optics.

11. Each Access solution Muxponder system shall be equipped with 4xQSFP28 LR4 and
40x10G SFP+ LR optics.

12. Line ports shall provide following performance monitoring to health of circuit.
a. Transmit Power
b. Receive Power
c. Wavelength (nm) or Frequency(THz)
d. Error Second
e. Severe Error Second
Digitally signed by SAVITA
Page 16 of 132 Date: 2023.07.24 12:58:44
IST
f. Code Violation or Background Block Error
g. Unavailable Second
h. PreFECBER
i. OSNR/ESNR

13. In the specification wherever support for a feature has been asked for, it will mean that the
feature should be available without RailTel requiring any other hardware/software/licenses.
Thus, all hardware/software/licenses required for enabling the support/feature shall be
included in the offer. The technical specifications are mentioned above.

14. QUALITY ASSURANCE PROGRAM AND IMPLEMENTION METHODOLOGY

The tenderer with quality assurance should prepare Implementation Methodology covering:
a. Schedule of Factory Acceptance Test (FAT), supply, installation, SAT (Site
Acceptance Test), trial runs, commissioning etc.
b. Allocation of manpower for different activities.
c. Submission of PERT chart indicating completion of various activities within targeted
time frame.

15. MANUFACTURING, SUPPLY AND STORAGE OF EQUIPMENT

The tenderer will be fully responsible for Manufacturing, FAT, Supply of


Equipment/cards/interfaces and all related items for installation and commissioning of the
network including the following:

a. Muxponder based equipment with required interfaces as specified in this tender


document.
b. Integration with existing DWDM/SDH/MPLS Transmission Network as required.
c. Supply of Patch cords: The tenderer is required to supply patch cords of suitable
interfaces/ length for connection with FDF and client interfaces.
d. Maintenance spares- maintenance spares are not to be used by bidder till expiry of
warranty period.
e. Spares required for Commissioning; maintenance supervision & warranty period
shall be maintained by the Contractor at his own cost.
f. All necessary cables and connectors required.
g. The tenderer shall be responsible for transportation and storage of Equipment and
all other items required for Installation and Commissioning of the network to
RailTel‘s stores/sites as advised.
16. SITE PREPARATION: RailTel‟s Responsibility

Following shall be arranged by RailTel: -

a. Rack space for housing the equipment or space in equipment room for new rack as
per clause 3.A.3.3 (4) of this chapter.
b. –48 Volt DC power supply as per clause 3.A.3.3 (5) of this chapter.
c. Earthing of value less than 1 ohm required for equipment. Earthing will be made
available on earthing bus bar on the wall in equipment room.
d. Spare Fiber as applicable.

17. TENDERER‟s Responsibility

Digitally signed by SAVITA


Page 17 of 132 Date: 2023.07.24 12:58:44
IST
The tenderer will be responsible for supply, installation, commissioning & supervision of
complete work for this tender including the System design of network and integration with
the existing network, wherever required. It shall be the responsibility of supplier to
transport the equipment to site for the Installation &Commissioning.

18. RailTel Solution Requirements: The System Configurations of different types of


Equipment‘s are below.

SN SYSTEM REQUIREMENTS
The proposed network solution from Bidder should be able to support inter-channel
1 spacing of 6.25 GHzof Muxponder cards in future and its multiples as defined in
ITU-T Rec. G.692 and G.694.1 without any hardware change in the network.
The Power supply and other traffic impacting controller cards should be fully
2 Redundant for hitless switchover and hitless forwarding.

The Bidder shall confirm that SW upgrade and SW patches can be performed
3 without any service interruption and that its solution supports the upgrade of all
operating software without any traffic interruption or minimal traffic interruption.
All EOL parameters need to be considered while designing the network. The EOL
4
parameters will be shared separately link wise and based on network topology.
The protection scheme as below shall not interrupt or affect the existing traffic
5
during switchover
6 Channel Protection support
7 Port Protection support
8 Client Protection support
Regarding in-service configuration backup and restore features, the Bidder shall
9 confirm that its solution has the capability to batch download software and
firmware and switch in bulk.
The Bidder shall confirm that their solution is capable of autonomous operation,
10
without assistance from the Management System.
The System should be able to support an in-service upgrade hardware/software on
11
the controllers without losing remote communications.
All Chassis configuration should occupy not more than 3RU space, inclusive of
12 switching, traffic and common cards, The space occupied by the chassis must not
exceed 600 mm deep cabinet.
Bidder shall support Grid less C-band DWDM channels, with 100G Line rates at
13
proposed Muxponder/transponder
The equipment is expected to be high density consuming very low power and space
14 with minimum Air conditioning requirement. This shall be a very important
consideration while evaluating the technical offer.
Equipment must support third party open SFP (MSA compliant) for client and line
15 both (in case of SFP base port). Bidder to specify the SFP make and the OEM
product code for all relevant SFP configurations
All EOL parameters need to be considered while designing the network. The EOL
16 parameters will be shared separately link wise and based on network topology.

The Bidder shall confirm that SW upgrade and SW patches can be performed
17 without any service interruption and that its solution supports the upgrade of all
operating software without any traffic interruption or minimal traffic interruption.
18 There shall be no slot restrictions while deploying traffic cards.

Digitally signed by SAVITA


Page 18 of 132 Date: 2023.07.24 12:58:44
IST
No slot shall be wavelength specific. Any transponder type can be installed in any
19
slot after system turn-up.
There shall be no human (manual) tuning or intervention (such as power,
20 wavelength adjustment, or dispersion tuning) involved before and after slotting and
cabling transponders.
Either an RJ45 Ethernet port or an RJ48 serial port performs local management.
The Ethernet port provides access to:
21
1. Telnet or SSHv2 session to access the CLI
2. An SNMP interfaces.
These management feature should be available at no cost to RailTel.
REST Protocol and associated routines and tools should support to provide a full-
22 coverage NE management and control interface. This management feature should
be available at no cost to RailTel.
The Network Configuration Protocol (NETCONF) should support as defined in
RFC 6241, is a management protocol that provides methods to install, manipulate,
23
and delete the configuration of network devices, and retrieve non-configuration
data. This management features should be available at no cost to RailTel.
The equipment shall also be able to be configured in point-to-point configuration,
24
OTN configuration at module level.
All common critical cards for Controller, Management, Switch & Power of the
25
equipment shall be "hot swappable".
The proposed equipment shall be able to be remotely configured for the various
26
wavelengths and the controlling of active unit's power level in the transponder.
The software upgrade of the proposed equipment shall be performed remotely from
27
the Element Management System/CLI.
The Bidder shall describe details of the equalization process during tender
28
submission.
The Bidder shall determine with justification whether the infrastructure solution of
29 the offered System shall run on physical server platform or Operator (Virtual
Machine/Cloud Server) platform (Operator's preferred platform)
The management function of offered equipment shall support the following FCPS
30 functions (Fault Management, Configuration Management, Performance
Management and Security Management) through management interface.
Bidder shall provide screen shots from all the FCPS functionalities required as
31
evidence.
Proposed network solution product and platform should be completely modular in
nature so that any changes and upgrades in the network can be achieved with
32 minimum hardware/firmware/software upgrade/replacement. Same would also help
to ensure for minimum hardware maintenance/RMA in operational phase of the
network.
The Bidder should submit complete link engineering details calculations
considering margins. This should also include the expected End to end OSNR
values, Residual dispersion value, Optical power transmit/receive, Q-factor/BER
33 values (with EOL and BOL parameters). It should be a part of the technical
proposal that the offered system meets the performance requirement for the given
spacing and spans. The RailTel shall conduct a field evaluation to authenticate the
same.
34 The proposed transponder shall be soft-configurable to equivalent service types:
The DWDM transponders wavelength shall be able to be tuned to all range of C-
35
Band

Digitally signed by SAVITA


Page 19 of 132 Date: 2023.07.24 12:58:44
IST
The proposed system shall facilitate "hitless" or uninterruptible wavelength
provisioning such that in-service wavelengths are not interrupted by the addition or
36
deletion of wavelength or hot insertion of necessary system components in order to
provision a new wavelength (e.g. transponder)
The system shall also be capable to carry 400Gwavelength if required by upgrading
37
the License/Hardware.
38 Minimum 10E-15 or better BER performance is required for all line rates.

The line-side rate and modulation should be user-configurable so as to take


39 advantage of reach and capacity both based on user-requirements and network
conditions.
The design tool should support worsening of span loss while maintaining required
40
BER/Q-factor for 10e-15 BER service performance as target.
100G Client should support Ethernet and OTN encapsulation and mapping in
41
QSFP28 (all LR4 types) form factor modules.
The proposed DWDM equipment should support Transponder loopback function
42
for easy maintenance.
43 The system could be configured with QPSK/8QAM/16QAM

19. General System Attributes: Product Quality

a. Product shall be designed for a minimum lifetime of 10 years..


b. Equipment shall support non traffic affecting upgrade between subsequent product
releases.

20. Materials and Environment Protection

The product shall be compliant to: Product shell be compliant to RoHS (Restriction of
certain Hazard-ous Substances) requirements: - European Union (EU) Directive 2002/95/EC
(lead-free design should be a long-term goal)

21. Mechanical Characteristics


a. The proposed solution shall fit into standard 19" / ETSI /ANSIrelay racks / cabinets as a
standard form factor.
b. Interfaces of devices or modules must be accessible from the front.
c. Equipment shall support insertion/extraction of modules without any special tools.
d. Equipment shall support insertion/extraction of modules without removal of any other
module or external connections.
e. Equipment shall support insertion/extraction of modules without powering down the
equipment and shall not affect the existing ser-vices.

22. Environmental Requirements

The product shall meet following standards and regulations:


a. Generic requirements defined in ETS 300 019 (environmental cri-teria)
b. NEBS level 3
c. Telcordia GR-3028-CORE: Thermal Management, Telecommunication Central Office
d. Operation: ETS300 019 Class 3.1
e. Transport: ETS300 019 Class 2.2
f. Storage: ETS300 019 Class 1.1
Digitally signed by SAVITA
Page 20 of 132 Date: 2023.07.24 12:58:44
IST
g. EN300386 Telecommunication centres

23. Electromagnetic Compatibility

Compliance with following requirements has to be assured:


ETSI EN 300 386-2: EMC requirements for Telecommunication network equipment.

24. Safety and Security


a. The optical equipment shall not pass hazard level 1M for any open connector.
b. It should be possible from remote to disable the communication port on the NE through
NMS/controller/CLI

25. Packaging
The packaging and labelling of components and boards containing ESD (electrostatic
discharge) components must meet the relevant requirements as specified in DIN EN 100 015
and comparable international standards.

26. Power Supply & Power Consumption


a. The power supply at rack (from Rectifier to Rack DCDB) and sub-rack must be
redundant.
b. The equipment shall operate with the input voltage in the range of -40.5V DC to -72V
DC.
c. A measure (protective circuit) shall be taken to prevent a failure from being caused by
Positive- Negative reverse application of power.
d. Tenderer has to indicate the typical and maximum power consumption of each module
and complete system.

27. Redundancy & Reliability


a. Software upgrade on the controller card shall not impact traffic.
b. Equipment shall have redundant power supply. Equipment should be able to run on
single power supply without any limitation on the functions or modules supported.
c. Equipment shall have fan redundancy.
d. The failure of any individual fan must be signaled both locally and remotely. It must be
possible to distinctly identify the place of installation.
e. For each replaceable unit (module, pluggable, unit etc.) the supplier has to provide
MTBF (in years) and FIT (in 10^9 hours) values.

28. Documentation
a. The documentation forming part of the scope of delivery must include all necessary
descriptions required for the planning, commissioning and operation of the equipment
and management systems.
b. All product documentation shall be available in English Language.

29. Management System


System shall support management via Element management (LCT) and Network

Digitally signed by SAVITA


Page 21 of 132 Date: 2023.07.24 12:58:44
IST
Management (NMS)/Controller.

30. Data Communication Network (DCN)


a. System shall support DCN demarcation from the carrier's DCN (Gateway functionality)
that includes the use of individual TCP/IP port management and SFTP client on the NE.
b. System shall support DCN realization via Optical Supervisory Chanel (OSC) and OTN
frame overhead (GCC0, GCC1, and GCC2 channel).

31. TRAINING OF PURCHASER‟S PERSONNEL


15 days man week training on the equipment and network operation shall be provided by
the Tenderer to RailTel in RailTel/OEM/Bidder premises with no cost to RailTel.

(End of Chapter-3A)

Digitally signed by SAVITA


Page 22 of 132 Date: 2023.07.24 12:58:44
IST
CHAPTER 3B

INSPECTION, INSTALLATION AND SUPERVISION OF TESTING,


COMMISSIONING & INTEGRATION

3.B.1 INSPECTION: Inspection shall be carried out by RailTel or its authorized agency.
.
3.B.2 TEST CATEGORIES

i) The following tests shall be conducted for acceptance of the equipment and the
system before final acceptance of the system. Waiver of Part or whole of type
tests can be considered if proof of having done the tests by independent body or
PTT authority is submitted.

a) Pre-Factory Acceptance Testing


b) Factory Acceptance Testing (FAT)
c) Pre-commissioning test (after installation) for total integrated system.
d) Site Acceptance Testing (SAT)
e) Trial Run

ii) These tests shall be carried out on all equipment supplied by Tenderer including
those supplied by sub-vendors, if any.

iii) Tenderer shall arrange all necessary test instruments, manpower, test-gear,
accessories etc.

iv) All technical personnel assigned by Tenderer shall be fully conversant with the
system specifications and requirements. They shall have the specific capability to
make the system operative quickly and efficiently and shall not interfere or be
interfered by other concurrent testing, construction and commissioning activities
in progress. They shall also have the capability to incorporate any minor
modifications/suggestions put forward by purchaser /Engineer.

v) DELETED.

vi) Test Plan: The Contractor shall submit to Purchaser ‗Test Plans‘ well in advance
of commencement of actual testing in each of the above mentioned test
categories.

The plans shall include:

1) System/Equipment functional and performance description (in short) and Tests to


be conducted and purpose of test.

2) Test procedures (including time schedule for the tests) and identification of test
inputs details and desired test results.

3) Test Report:

Page 23 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
The observations and test results obtained during various tests conducted shall be
compiled and documented to produce Test Reports by Tenderer. The Test Reports
shall be given for each equipment/item and system as a whole. The report shall
contain the following information to a minimum:

i) Test results

ii) Comparison of test results and anticipated (as per specifications) test result
as given in test plans and reasons for deviations, if any.

iii) The data furnished shall prove convincingly that

a. The system meets the Guaranteed Performance objectives


b. Mechanical and Electrical limits were not exceeded.
c. Failure profile of the equipment during the tests are well within the
specified limits

iv) Failure of Cards/Components:

Till the system is accepted by the Purchaser, a log of each and every failure
of components shall be maintained. It shall give the date and time of
failure, description of failed component, circuit, module, component
designation, effect of failure of component on the system/equipment, cause
of failure, date and time of repair, mean time to repair etc.
Repair/modification done at any point of time at one site, shall be carried
out by Tenderer at all the sites. Detailed documentation for the same shall
be submitted to Purchaser for future reference.

If the malfunction and/or failures of a unit/module/sub-system/equipment


repeat during the test, the test shall be terminated and Tenderer shall replace
the necessary component or module to correct the deficiency. Thereafter,
the tests shall commence all over again from the start.

If after the replacement the equipment still fails to meet the specification,
Tenderer shall replace the equipment with a new one and tests shall begin
all over again. If a unit/ subsystem/module has failed during the test, the
test shall be suspended and restarted all over again only after the Tenderer
has placed the Equipment back into acceptable operation. Purchaser‘s
approval shall be obtained for any allowable logical time required to replace
the failed component/unit/module/sub-system.

v) Readjustments

No adjustments shall be made to any equipment during the acceptance tests.


If satisfactory test results cannot be obtained unless readjustments are made,
Tenderer shall carry out only those readjustment needed to ready the
equipment/system for continuance of tests. A log of all such adjustments
shall be kept giving date and time, equipment, module, circuit, adjustments,
reasons, test result before and after adjustment etc. Fresh acceptance tests
shall be conducted after the readjustments have been completed.

Page 24 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
3.B.3 Pre Factory Acceptance Testing

The Tenderer on his own exactly in line with FAT shall conduct pre-factory acceptance
testing and test reports for the same shall be forwarded to Purchaser/Engineer before
start of FAT.

3.B.4 Factory Acceptance Testing (FAT)

Factory acceptance tests shall be carried out after review and approval of FAT
procedure/documents as per bid requirements and review of Pre-Factory acceptance
results & shall be conducted at the manufacturing facilities from where the respective
equipment/subsystems are offered. No additional cost shall be paid to OEM/bidder.
The factory acceptance testing shall be conducted in the presence of the
Purchaser/Engineer. The tests shall be carried on random sampling of 8% lot size and
factory acceptance certificates shall be issued. The factory tests shall include but not be
limited to:

A) Equipment Testing:

i) Mechanical checks to the equipment for dimensions, inner and outer supports,
finishing, welds, hinges, terminal boards, connectors, cables, painting etc.

ii) Electrical checks including internal wiring, external connections to other equipment
etc.

iii) Check for assuring compliance with standards mentioned in the specifications.

iv) Individual check on each/module/sub-assembly in accordance with the modes and


diagnostics programs of the Tenderer.

v) Checks on power consumption and heat dissipation characteristics of various


equipment

vi) Environment testing and other laid down tests in Type Tests plan of the
specification of the equipment.

vii) Functional testing

viii) Any other test not included in FAT document but relevant to the project as desired
by the Purchaser/Engineer at the time of factory acceptance testing.

B) System Integration Testing

Functional and performance test should be conducted for the complete system/ all
major equipment constituting the system (including the equipment supplied by
sub-vendors, as applicable) simulating the complete network with appropriate
network element. All the functions of software shall be demonstrated in totality
(as per requirements/specifications of this document including management of
network).All equipment shall be connected using the same cables
(interfaces/components) as will be used during final installation so that the system

Page 25 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
can be tested in its final configuration. This testing shall be conducted at the
manufacturing facility of the main equipment.

3.B.5 Installation

After successful completion of factory acceptance testing, equipment shall be sent to


site for installation. Equipment without factory acceptance certificates shall not be
acceptable at site.

Prior to installation, all equipment shall be checked for completeness as per the
specifications of equipment required for a particular station. Installation shall be
carried out in accordance with the installation manuals and approved installation
drawings in the best workmanship.

Tenderer shall indicate the number of teams and the list of equipment for each teams to
be required for installation of the total telecom system in order to complete the work
within the stipulated time frame.

Tenderer shall bring all installation tools, accessories, special tools, test gears, spare
parts etc. at his own cost as required for the successful completion of the job.

If during installation and commissioning under the supervision of the tenderer any
repairs are undertaken, the maintenance spares, if supplied with equipment shall not be
used for the repair. Tenderer shall arrange his own spare parts for such activities till
such time the system has been finally accepted by the Purchaser. A detailed report &
log of all such repairs shall be made available by the Tenderer to Purchaser/Engineer
and shall include cause of faults and repair details, within 2 weeks of fault occurrence.

A detailed time schedule for these activities shall be submitted by Tenderer to


Purchaser/Engineer to enable their representatives to be associated with the job.

Tenderer shall supply all installation materials required for proper installation of the
equipment. These shall include but not be limited to, all connectors, interbay and inter
equipment cables, power supply cables and connectors, power distribution boxes,
anchoring bolts, nuts, screws, washers, main distribution frames, audio distribution
frames, voice frequency cables, junction boxes etc.

The installation of equipment shall be supervised by the tenderer in such a manner so as


to ensure neat and clean appearance in accordance with approved installation document
drawings. All inter bay, power supply and other cables shall be routed through wall
mounted cable trays. No cable shall be visible. All through wall openings, trenches
etc. shall be properly sealed to prevent the entry of rodents, insects and foreign
materials.

Telecom room of one of the attended & unattended sites shall be made as model rooms
and Tenderer shall take approval from Purchaser/engineer on various aspects spacing
etc. After taking approval Tenderer shall take up installation at other sites in similar
fashion in association with RailTel installation team.

3.B.6 Pre-Commissioning

Page 26 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
On completion of installation of equipment, the correctness and completeness of the
installation as per Manufacturer‘s manual and approved installation documents shall be
checked by the Tenderer on his own.

A list of Pre-Commissioning tests (same as approved by the Purchaser/Engineer for site


acceptance testing) and activities shall be prepared by Tenderer and the test shall be
carried out by the Tenderer on his own. After the tests have been conducted to the
Tenderer‘s own satisfaction, the Tenderer shall provide the test results for review by
Purchaser/Engineer and then offer the system for Site Acceptance Testing.

During pre-commissioning, if any fault occurs to any equipment or system, Tenderer


shall identify the same and provide report/history of all faults to the Purchaser.

During installation and pre-commissioning of the telecom system, Tenderer shall have
enough number of commissioning spares so that the installation is not held up because
of non-availability of commissioning spares. Tenderer shall ensure that the spares
meant for operation and maintenance are not used during installation and
commissioning.

3.B.7 Site Acceptance Testing (SAT)

On completion of Pre-commissioning, site acceptance testing shall be conducted on the


system as per approved SAT procedures and its constituents by the Tenderer under the
presence of Purchaser/Engineer.

The tests shall include, but not be limited the following:

a) Checks for proper installation as per the approved installation drawings for each
equipment/item and system as a whole.

b) Guaranteed performance specifications of individual equipment/item.

c) Self diagnostics test on individual equipment

d) Tests on metering and alarm panels

e) Tests on remote alarm transmission and reception

f) System tests on End to End for the system, all complete.

3.B.7.1 PROVISIONAL ACCEPTANCE CERTIFICATE (PAC)

On successful installation, commissioning, Site Acceptance Test and integration of the


equipments with the existing network, Provisional Acceptance Certificate (PAC) will
be issued by concerned Region in consultation with NOC/CNOC if required. PAC will
not be held back for want of minor deficiencies not affecting the functioning of the
overall system. Deficiencies, if any, pointed at the time of issuance of PAC, will be
rectified by the contractor within one month.

Page 27 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
3.B.8 SPARES

3.B.8.1 MAINTENANCE SPARES: Deleted.

3.B.8.2 Commissioning spares

The commissioning spare shall be arranged by the Tenderer to cater to the requirement
during installation, commissioning, site acceptance testing, trial run and warrantee
period. These spares shall be readily available with the Tenderer, at specified locations.

These commissioning spares are different from maintenance spares and Tenderer shall
not use maintenance spares as commissioning spares till expiry of warranty period.

3.B.9 TRIAL RUN/FIELD TRIALS

Upon conclusion of the site acceptance testing the Tenderer shall keep the facilities
commissioned for one months for ‗TRIAL RUN/FIELD TRIALS‘. During this period
Tenderer shall provide all specialist Engineers & Technicians including experts to
maintain the total log, incidents, failures & for assisting site engineer & for total co-
ordination. However, the normal operation and maintenance of the system shall be
performed by the personnel of the Purchaser trained for the purpose.

If during ‗Trial run‘ any defect is noted in the system, the Tenderer shall rectify, replace
the same to the satisfaction of Purchaser‘s/Engineer. The decision to repeat the final
test or restart the ‗Trial‘ shall be of Purchaser/Engineer depending upon the severity of
the defect.

During trial run, if any fault occurs to any equipment of system, Tenderer shall identity
and rectify the same and provide report, history of all faults to the Purchaser.

Ideally, during the ‗Trial run, no shutdown of the system due to failure of equipment,
power supply etc. should happen. A record of all failures shall be kept for each
manned/unmanned station and the availability of the system on per hop and end to End
basis shall be calculated, accordingly and results submitted to Purchaser/engineer.

If the system fails to come up to the guaranteed performance, the Tenderer, within a
period of thirty (30) days shall take any and all corrective measures and resubmit the
system for another ‗Trial Run‘ of trial period. All modifications, changes, corrective
measures, labour etc. shall be at the cost of the Tenderer. In case the date of completion
for the second trial run exceeds the time schedule for the project, he shall be liable to
pay liquidated damages. If the system fails to reach the guaranteed performance even
after the second trial run, the Purchaser shall be free to take any action as he deems fit
against the Tenderer and to bring the system to the guaranteed performance with the
help of third party at the expense of the Tenderer.

3.B.10 FINAL ACCEPTANCE

The final acceptance of the works completed shall take effect from the date of
successful completion of 12 months after issue of final/last PAC in any case that the
contractor has complied fully with his obligations in respect of each item under the
Page 28 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
contract. The Final Acceptance Certificate shall be signed by authorized representative
of RailTel nominated by the ED/RGM of concerned region. Not withstanding the issue
of Final Acceptance Certificate, the contractor and the purchaser shall remain liable
for fulfillment of any obligation incurred under the provision of the contract prior to
the issue of Final Acceptance Certificate which remains unperformed at the time such
certificate is issued and for determining the nature and extent of such obligation
the contract shall be deemed to remain in force between the parties hereto.

3.B.11 QUALITY ASSURANCE

i) Tenderer shall submit the details of Quality Assurance program followed by him
beginning with raw materials, active, passive and fabricated components, units,
sub-assemblies, assemblies, wiring, interconnections, structures. etc. to finished
product. Tenderer shall obtain and forward the Quality Assurance Program for
equipment supplied by Sub-vendor, if any.

ii) The Purchaser‘s/engineer reserves the right to inspect and test each equipment at
all stages of production and commissioning of the system. The inspection and
testing shall include but not be limited to raw materials, components, sub-
assemblies, prototypes, production units, guaranteed performance specifications
etc.

iii) For Factory inspection and testing, Tenderer shall arrange all that is required e.g.
quality assurance personnel, space, test gear etc. for successful carrying out of the
job by the Purchaser/Engineer, at Tenderer‘s cost, at the Manufacturer‘s works.

iv) Purchaser‘s/Engineer shall have free entry and access to any and all parts of the
Manufacturer‘s facilities associated with manufacturing and testing of the system
at any given time.

v) It shall be explicitly understood that under no circumstances shall any approval of


the Purchaser‘s/Engineer relieve the Tenderer of his responsibility for material,
design, quality assurance and the guaranteed performance of the system and its
constituents.

vi) Tenderer shall invite the Purchaser‘s/Engineer, at least 7 days in advance, of the
date at which system shall be ready for Inspection and Testing. All relevant
documents and manuals approved Engineering drawings etc. shall be available
with the Purchaser/Engineer well in advance of the start of Inspection and
Testing.

vii) Purchaser‘s Engineer or his representative shall, after completion of inspection


and testing to their satisfaction, issue factory acceptance certificates to release the
equipment for shipment. No equipment shall be shipped under any circumstances
unless a factory acceptance certificate has been issued for it, unless agreed
otherwise by Purchaser‘s Engineer.

3.B.12 DELETED

(End of Chapter-3B)
Page 29 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
CHAPTER 4A

COMMERCIAL TERMS & CONDITIONS

4.A.1 Offer letter and Validity of offer

4.A.1.1 The bidder shall complete the offer letter (Chapter 1) and the Price Schedule (Chapter
2) furnished in the tender documents, indicating the goods to be supplied, description of
the goods, associated technical literature, quantity and prices etc.

4.A.1.2 The offer should remain valid for a minimum period as per BDS.

4.A.2 Warranty

4.A.2.1 The warranty would be valid for a period of 36 months after the completion of work in
all sites and issue of Provisional Acceptance Certificate (PAC) as per clause 3.B.7.1 of
Chapter-3B. The supplier shall warrant that stores to be supplied shall be new and free
from all defects and faults in material, workmanship and manufacture and shall be of
the highest grade and consistent with the established and generally accepted standards
of materials of the type ordered and shall perform in full conformity with the
specifications and drawings. The supplier shall be responsible for any defects that may
develop under the conditions provided by the contract and under proper use, arising
from faulty materials, design or workmanship such as corrosion, inadequate quantity
of material to meet equipment requirements, inadequate contact protection, deficiencies
in design and/ or otherwise and shall remedy such defects at his own cost when called
upon to do so by the Purchaser who shall state in writing in what respect the stores are
faulty.

4.A.2.2 If it becomes necessary for the contractor to replace or renew any defective
portion/portions of the supplies under this clause, the provisions of the clause shall
apply to the portion/portions of the equipment so replaced or renewed or until the end
of the above mentioned period or twelve months, whichever may be later. If any defect
is not remedied within a reasonable time , the Purchaser may proceed to do the work at
the contractor‘s risk & cost, but without prejudice to any other rights which the
Purchaser may have against the contractor in respect of such defects.

4.A.2.3 Replacement under warranty clause shall be made by the contractor free of all charges
at site including freight, insurance and other incidental charges.

4.A.2.4 Warranty Support

4.A.2.4.1 Material for repair during Warranty Period shall be handed over /taken over to
contractor‘s engineer/representative at RailTel‘s regional NOC locations or sites
where equipments are installed. During the warranty period, the contractor shall
remain responsible to arrange replacement within time period as per clause 7.4.1.1
of Chapter-7 and for setting right at his own cost any equipment installed by him
which is of defective manufacture or design or becomes unworkable due to any
cause whatsoever. The decision of the RailTel's representative in this regard to direct
the contractor to attend to any damage or defect in work shall be final and binding
on the Contractor. In case contractor fails to replace any faulty part within time

Page 30 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
period as per clause 7.4.1.1 of Chapter-7, penalties will be imposed as per clause
7.5.2 of Chapter-7.

4.A.2.4.2 During the warranty period, the contractor shall be responsible to the extent
expressed in this clause for any defects that may develop under the conditions
provided for by the contract and under proper use, arising from faulty materials,
design or workmanship in the plant, or from faulty execution of the plant by the
contractor but not otherwise and shall remedy such defects at his own cost when
called upon to do so by the Purchaser Engineer who shall state in writing in what
respect the portion is faulty.

4.A.3. Long Term Maintenance Support

4.A.3.1 Bidder/OEM shall provide maintenance support after successful completion of the
warranty obligations for a minimum period of 5 years. The long term maintenance
support shall be comprehensive and include all hardware and software
equipmentsupplied against this contract. RailTel should be extended the benefits of
software update/up-grades made by OEM on the system from time to time to improve
performance. During this period the scope of work as mentioned in clause 4.A.2 above
& its sub clauses will be applicable.

4.A.3.2 Bidder/OEM shall be paid @ 3.5% (minimum) of supply cost of SOR-A (basic price
excluding taxes, levies and all other charges) per annum towards Long Term
Maintenance Support after completion of warranty period, to undertake
repairs/replacements of all type of module/card/assembly/subassembly and
update/upgrade of software released during this period and /or which may fail in the
network after the warranty. Taxes will be as per actual at the time of execution of the
AMC i.e. issue of AMC LOA.

If the bidder quotes higher than 3.5%, he will be paid at his quoted rate per annum.
Total AMC cost for five years will be taken for evaluation purpose. AMC would have
to be valid for minimum period of 5 years after completion of warranty. This period of
5 year may be extended further with mutual consent of RailTel and Bidder/OEM.

In case a bidder quotes AMC rates lower than 3.5% and if the bidder wins the contract,
his cost against supply items will be reduced by differential (w.r.t. 3.5%) of AMC rates
& he will be paid accordingly against the cost of supply. AMC charges to him,
however, will be paid only @ 3.5% per annum.

4.A.3.3 Separate LOA for AMC shall be issued by RailTel 3 months prior to the completion of
warranty period and separate Agreement shall be signed with the Bidder/OEM. A fresh
Bank Guarantee valid for a period of 4 months beyond the completion of AMC from
the date of LOA shall be required to be submitted by OEM/ Tenderer for due
fulfillment of long term maintenance support obligation. Value of PBG will be 10% of
the total value of LOA issued for AMC for five years. This PBG of AMC shall be
submitted by the bidder within 30 days from the date of issue of LOA for the AMC. In
case bidder does not submit the PBG in the stipulated time period, RailTel may encash
the PBG given with the original LOA.

4.A.3.4 Quarterly payment for AMC Charges would be made by RailTel after successful
completion of AMC Services of that quarter and on the certificate furnished by
Page 31 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
concerned RailTel representative of the Regional General Managers/ Executive
Director of the Regions.

4.A.3.5 Detailed standard conditions applicable for the Annual Maintenance Contract between
RailTel and the Contractor are given in chapter-7.

Note: The acceptance of the above clauses is mandatory and specific acceptance
from OEM is required to be enclosed as per Form no. 3 of Chaper-6. Any
deviation / non acceptance may lead to rejection of the bid.

4.A.4. Delivery, Installation, Testing, Commissioning & Integration period

The materials as per SOR-A are required to be delivered, installed, tested,


commissioned & Integrated within period as per BDS. The bidder is required to submit
the PERT chart showing the various activities which are required for supply,
installation, testing, commissioning and integration of the equipment.The materials
shall be delivered to the site as given in Annexure-II (B) of tender document .
Consignee address and details will be provided to the successful bidder.

4.A.4.1 RailTel‟s office details

SN Region Office Address


Plate-A, 6th Floor, Office Tower-2, NBCC Building,
Corporate
1. New Delhi East Kidwai Nagar, New Delhi-110023
Office
Regional General Manager/ Executive Director
Northern
2. New-Delhi 6th Floor, Block-III, Delhi IT Park, Shastri Park.
Region
Delhi-110053.
Regional General Manager/ Executive Director
Eastern 3rdFloor, Chatterjee, International Centre,33-A
3. Kolkata
Region Jawaharlal Nehru Road,
Kolkatta-700071.
Regional General Manager/ Executive Director
Southern 3rdFloor, Chatterjee, International Centre,33-A
4. Secunderabad
Region Jawaharlal Nehru Road,
Kolkatta-700071
Regional General Manager/ Executive Director
Western
5. Mumbai Western Railway Microwave Complex, SenapatiBapat
Region
Marg, Mahalaxmi, Mumbai-400013.

4.A.5. Payment Terms for Supply items (Schedule-A)

4.A.5.1 75% payment of the value of Schedule-A would be made on receipt of material by
the consignee duly inspected and on submission of the following documents subject
to any deductions or recovery which RailTel may be entitled to make under
the contract:
(i) Valid Tax Invoice
(ii) Delivery Challan/ E-way bill
(iii) Packing list.
(iv) Factory Test Report.
Page 32 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
(v) Purchaser‘s Inspection certificate
(vi) Consignee receipt
(vii) Warranty certificate of OEM
(viii) Insurance certificate
(ix) A certificate duly signed by the firm certifying that equipment/ materials
being supplied are new and conform to technical specification.

4.A.5.2 15% payment of the value of Schedule-A shall be made by RailTel on successful
Installation & Commissioning at site and Site Acceptance Test (SAT) Report issued
by concerned region. Further 5% payment of the value of Schedule-A shall be
made by RailTel on issue of Provisional Acceptance Certificate (PAC) by concerned
region as per clause 3.B.7.1, Chapter-3B. Last 5% payment of the value of
Schedule-A shall be made by RailTel on issue of Final Acceptance Certificate
(FAC) by concerned region.

4.A.5.3 15% + 5% payment of value of supply items of Schedule-A which could not be
installed for want of site readiness, will be made on issue of final PAC as per the
decision of Executive Director (ED)/Regional General Manager (RGM) of
concerned region and remaining 5% on issue of FAC.

4.A.5.4 Accounting unit/bill passing unit for the supplies under SOR is respective Regional
Office. Bills to be submitted to the ED/RGM of Regions for passing for payment.
The bidder will submit certifying receipt of material & services issued from
consignee/regions, for passing for payment.

4.A.5.5 The breakup of taxes has to be furnished and same should be reflected in the bills so
that any input credit can be availed by RailTel.

4.A.5.6 Payment of Service Items (Schedule-B & C)

4.A.5.6.1 90% payment of Schedule-B1 shall be made by respective Executive


Director/Regional General Manager of the Region on issue of Site Acceptance Test
(SAT) report, 5% on issue of PAC and final 5% on issue of Final Acceptance
Certificate.

4.A.5.6.2 Deleted.

4.A.5.7 Payment of Schedule-C1 towards ―AMC/ Long Term Maintenance Support‖ would
be paid quarterly by the concerned Region as per clause 7.6.4 of Chapter-7.

4.A.6. Performance Bank Guarantee (Security Deposit)

4.A.6.1 The successful bidder has to furnish security deposit in the form of Performance Bank
guarantee @ 10% of issued PO/ LOA value, the same should be submitted within 30
days of issue of LOA/PO, failing which a penal interest of 15% per annum shall be
charged for the delay period i.e. beyond 30 (thirty) days from the date of issue of
LOA/PO. This PBG should be from a Scheduled Bank and should cover warranty
period plus four months for lodging the claim. The performance Bank Guarantee will
be discharged by the Purchaser after completion of the supplier's performance
obligations including any warranty obligations under the contract.

Page 33 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.6.2 The earnest money shall be released on submission of PBG. The Performa for PBG is
given in Form no.-1 of Chapter-6. If the delivery period gets extended, the PBG should
also be extended appropriately.

4.A.6.3 The Performance Bank Guarantee (security deposit) will bear no interest.

4.A.6.4 This PBG would be released after satisfactory completion of contract including
warranty period and only after submission of PBG towards AMC as per clause 4.A.3.3
of this Chapter.

4.A.6.5 A separate advice of the BG will invariably be sent by the BG issuing bank to the
RailTel‘s Bank through SFMS and only after this the BG will become acceptable to
RailTel. It is therefore in interest of bidder to obtain RailTel‘s Bank IFSC code, Its
branch and address and advise these particulars to the BG Issuing bank and request
them to send advice of BG through SFMS to the RailTel‘s Bank.

4.A.6.6 Wherever the contracts are rescinded, the security deposit/PBG shall be forfeited and
the SD/Performance Bank Guarantee shall be en-cashed by RailTel.

4.A.7. Taxes & Duties

4.A.7.1 The price quoted in the offer should be firm, fixed indicating the breakup and inclusive
of all taxes & duties like import, custom, Anti-Dumping, CGST, SGST, IGST, UTGST
etc. The offer should be inclusive of packing, forwarding, freight up to destination,
insurance charges.

4.A.7.2 Bidder shall issue valid tax invoice to RailTel for availing proper credit of
CGST/SGST/IGST/UTGST in case of award of Contract. GST will not be reimbursed
in the absence of valid tax invoice.

4.A.7.3 For all the taxable supplies made by the vendor, the vendor shall furnish all the details
of such taxable supplies in the relevant returns to be filed under GST Act.

4.A.7.4 If the vendor fails to comply with any of the above, the vendor shall pay to purchaser
any expense, interest, penalty as applicable under the GST Act.

4.A.7.5 In case of incorrect reporting of the supply made by the vendor in the relevant return,
leading to disallowance of input credit to purchaser, the vendor shall be liable to pay
applicable interest under the GST Act to the credit of purchaser. The same provisions
shall be applicable in case of debit/credit notes.

4.A.7.6 Tenderer shall quote all-inclusive rates, but there shall be break up of basic price and
all type of applicable taxes such as SGST/CGST/IGST/UT GST alongwith respective
HSN/SAC Code under GST Law (Including tax under reverse charges payable by the
recipient.

4.A.7.7 Wherever the law makes it statutory for the Purchaser to deduct any amount towards
GST at sources, the same will be deducted and remitted to the concerned authority.

4.A.7.8 In regards to service support, the tenderer should have registration no. for GST and
shall furnish GST registration certificate on award of LOA.
Page 34 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.7.9 The imposition of any new tax and/or increase in the aforesaid taxes, duties levies,
after the last stipulated date for the receipt of tender including extensions if any and
the bidder there upon necessarily and properly pays such taxes/levies/cess, the bidder
shall be reimbursed the amount so paid, provided such payments, if any, is not, in the
opinion of RailTel attributable to delay in execution of work within the control of
bidder. The bidder shall, within a period of 30 days of the imposition of any such tax
or levy or cess, give a written notice thereof to RailTel that the same is given pursuant
to this condition, together with all necessary information including details of input
credit relating thereto. In the event of non-payment/default in payment of any of the
above taxes, RailTel reserves the right to with-hold the dues/payments of bidder and
make payment to state/Central Government authorities as may be applicable.
However, if the rates are reduced after the last stipulated date for receipt of tender,
bidder has to pass on the benefits to RailTel.

4.A.7.10 Deleted.

4.A.7.11 Bidder has to submit an Indemnity Bond as per Form no. 7 of Chapter- 6.

4.A.8. Insurance

4.A.8.1 The Contractor shall take out and keep in force a policy or policies of insurance from
the date, the delivery of material starts (including the transit portion) against all
liabilities of the Contractor or the Purchaser. The contractor shall take out and keep in
force a Policy or policies of Insurance for all materials covered in schedule of
requirement irrespective of whether used up in the portion of work already done or
kept for the use in the balance portion of the work until such material are provisionally
handed over to RailTel. The goods will be issued by purchaser to supplier and risk of
goods shall remain with supplier until the issue of PAC by RailTel. Insurance policy
has to be kept valid by the contractor till issue of PAC by RailTel.

4.A.8.2 The Contractor should ensure the stores brought to site, against risks in consequence of
war and invasion, as required under the Emergency Risk (Goods) Insurance Act inforce
from time to time.

4.A.8.3 It may be noted that the beneficiary of the insurance policy should be RailTel or the
policies should be pledged in favour of RailTel. The contractor shall keep the
policy/policies current till the equipment are handed over to the purchaser. It may also
be noted that in the event of contractor's failure to keep the policy current and alive,
renewal of policy will be done by purchaser for which the cost of the premium plus
20% of premium shall be recovered from the contractor.

4.A.9. Liquidated Damages

The timely delivery is the essence of this tender. Liquidated damages will be applicable
at the rate of half percent per week or part thereof for undelivered portion of SOR
subject to a maximum of 10% of the cost of Purchase order/LOA for any reason
whatsoever attributed to failure of tenderer. RailTel will have the right to cancel the
order, place order on alternative source besides levying the liquidated damages as
above.

Page 35 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.10. Transportation
The rates quoted should be CIP destination. The destination shall be defined POP /
nominated office of RailTel in the proposed sections which shall be indicated by
RailTel‘s representative.

4.A.11. Statutory Deduction

These will be made at source as per the rules prevalent in the area of work.

4.A.12. Qualification Criteria

Qualifying criteria under this clause lays down minimum acceptable qualifications in
various areas to ensure that qualified bidder has necessary experience, technical
expertise, equipment and financial and human resources to successfully complete the
project. Bids from bidder not meeting these qualification criteria may liable to be
rejected. Bids from the consortia of tenderers and Joint Ventures meeting the below
defined Qualification criteria would also be considered for award of work. The
Tenderer/bidder should be an Original Equipment Manufacturer (OEM) or authorized
representative of OEM specifically authorized by OEM for bidding in this tender.

All the document should be in English/Hindi language only. Document other than
English/Hindi will not be entertained. However, Tech. Specification and details should
be in English only.

4.A.12.1 Deleted

4.A.12.2 Eligibility Criteria Requirements for Bidders:

SN Eligibility Criteria Requirements Supporting Document Required


1) Legal Entity: The bidder should be a  Certificate of Incorporation /
Company registered in India under the Registration
Companies Act (India) with their or
registered office in India for the last  Memorandum of Association (MoA)
three years.  Supporting document to prove
For all Startups: The bidder should be a eligibility for exemption under Startup.
Company registered in India under the
Companies Act (India) with their
registered office in India.

2) Financial Capability:The bidder should  Certificates to this effect which may


have minimum cumulative turnover be an attested Certificate from the
from operation of Rs. 36.95 Crs in the concerned department / client or
last three financial years plus current Audited Balance Sheet duly certified
year upto the date of opening of tender. by the Chartered Accountant /
Certificate from Chartered Accountant
For Startups* (recognized by duly supported by Audited Balance
Department of Industrial policy and Sheet.
promotion, Ministry of Commerce and  The contact details of CA/Statutory
Industry) a minimum turnover from Auditor along with UDIN No. shall be
operation of Rs. 12.32 Crs is required. mandatorily mentioned on copy of
Page 36 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
SN Eligibility Criteria Requirements Supporting Document Required
certified Balance Sheet/Certificate.
 For startups, in addition to above,
Certificate of Startup issued by
Department of Industries Policy and
promotions, Ministry of Commerce
and Industries shall also be required.
3) Technical Capability: The tenderer  Completion certificates with
must have successfully completed any of Satisfactory working and value of the
the following during last 07 (seven) work completed from the User
years, ending last day of month previous Organizations is required to be
to the one in which tender is invited: submitted.
 The copy of Purchase Order is
Single order of similar works# costing mandatorily required as supporting
not less than Rs. 14.78 Crs, document.

or In case of substantially completed work,


certificate from user for bidder share
Two orders of similar works# each regarding total value of bidders share of
costing not less than Rs. 9.85 Crs, work and value of completed work
(minimum 80% of total value of bidders
or share of work) is required to be submitted.

Three orders of similar work# each In case of composite work purchase


costing not less than Rs. 7.39 Crs. orders, bidder shall submit CA certificate
certifying the actual amount pertaining to
similar work definition as mentioned in
For Startups (recognized by Department the clause.
of Industrial policy and promotion,
Ministry of Commerce and Industry), the (The set of document(s) submitted should
bidder should have completed in last clearly certify eligibility criteria and
three financial years plus current year should be verifiable from the
upto the date of opening of tender: user/customer)

Single order of similar work# costing not


less than Rs. 8.62 Crs.

OR

Two orders of similar work# costing not


less than Rs. 4.93 Crs.

OR

Three orders of similar work# costing


not less than Rs. 3.70 Crs.

Note:
Completion of work should fall in the
above period. The bidder shall also

Page 37 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
SN Eligibility Criteria Requirements Supporting Document Required
furnish work completion/ substantial
work completion certificate issued by
customer/s for the Purchase Orders/
Work Orders. Substantial completion
shall be 80% (value wise) or more works
completed under the contract. For
contracts under which bidder
participated as a Joint Venture member
or sub-contractor, only the bidder‘s
share, by value, shall be considered to
meet this requirement.

# Similar Work: Projects of Telecom


Transmission Network / IT / Data
Network / Video Conferencing /
Broadband Network / Radio Network in
Government / PSUs / Telecom Service
Providers network / ISP Network /
Public listed company.

Note:
Work experience certificate issued by
Public listed company having average
annual turnover of Rs 500 Cr and above
in last 3 financial years excluding the
current financial year, listed on National
Stock Exchange or Bombay Stock
Exchange, incorporated/registered at
least 5 years prior to the date of opening
of tender, shall also be considered
provided the work experience certificate
has been issued by a person authorized
by the Public listed company to issue
such certificates.
4) The bidder (in case of consortium/JV, all  Self-Declaration by the Bidder (in case
members) including Sub contractors of consortium/JV, all members/
should not have been black-listed partners ) on Company‘s letter head.
currently by Central Govt./State
Govt./CPSU/any reputed Telecom
service provider in India or anywhere
globally by Government for the supply
of material / security reasons.
5) The Bidder or their promoters having  Undertaking to be submitted by the
equity stake or operating partnership in Bidder (in case of consortium/JV, all
bidder, should not be holding valid members/ partners ).
License for Telecom service
provider/ISP/ NLD, Services License of
Government of India for Telecom
Operation.

Page 38 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
SN Eligibility Criteria Requirements Supporting Document Required
6) Bidder should have authorization  MAF as per Form no. 5 of Chapter-6.
specific to this tender from respective
OEM as per Form no. 5 of Chapter-6.
7) The tenderers shall submit a notarized  Notarized Affidavit as per Form no. 11
affidavit on a non-judicial stamp paper of Chapter-6.
stating that they are not liable to be
disqualified and all their state-
ment/documents submitted alongwith
bid are true and factual. Standard format
of the affidavit to be submitted by the
bidder is enclosed as Form No. 11 of
Chapter-6. Non submission of an
affidavit by the bidder shall result in
summarily rejection of his/their bid.
And it shall be mandatorily incumbent
upon the tenderer to identify, state and
submit the supporting documents duly
self attested by which they/he is
qualifying the Qualifying Criteria
mentioned in the Tender Document. It
will not be obligatory on the part of
Tender Committee to scrutinize beyond
the submitted document of tenderer as
far as his qualification for the tender is
concerned. The RailTel (RCIL) reserves
the right to verify all statements,
information and documents submitted by
the bidder in his tender offer, and the
bidder shall, when so required by the
RailTel (RCIL), make available all such
in-formation, evidence and documents as
may be necessary for such verifica-tion.
Any such verification or lack of such
verification by the RailTel(RCIL) shall
not relieve the bidder of its obligations
or liabilities here under nor will it affect
any rights of the RailTel thereunder. In
case of any wrong information submitted
by tenderer, the contract shall be
terminated. Earnest Money Deposit
(EMD), Performance Bank Guarantee
(PBG) and Security Deposit (SD) of
contract forfeited and agency barred for
doing business on RailTel (RCIL) for 5
(five) years.
8) Hardware and Software supplied by  No Malicious Code Undertaking Letter
OEM should not have any malicious to be provided (as per Form No. 14 of
code. Chapter-6).

Page 39 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Note:
Credentials if submittedin foreign currency shall be converted into Indian currency
i.e., Indian Rupee as under:

The conversion rate of US Dollars into Rupees shall be the daily representative
exchange rates published by the Reserve Bank of India for the relevant date. Where,
relevant date shall be as on the last day of month previous to the one in which tender
is invited. In case of any other currency, the same shall first be converted to US
Dollars as on the last day of month previous to the one in which tender is invited,
and the amount so derived in US Dollars shall be converted into Rupees at the
aforesaid rate. The conversion rate of such currencies shall be the daily
representative exchange rates published by the International Monetary Fund for the
relevant date

Explanation for clause - Eligibility Criteria:

1. In case a contract is started prior to 07 (seven) years, ending last day of month
previous to the one in which tender is invited, but completed in last 07 (seven) years,
ending last day of month previous to the one in which tender is invited, the
completed work shall be considered for fulfillment of credentials.
2. If a contract is physically completed and completion certificate to this extent is
issued by the concerned organization but final bill is pending, such contract shall be
considered for fulfillment of credentials.
3. If a part or a component of contract is completed but the overall scope of contract is
not completed, this work shall not be considered for fulfillment of technical
credentials even if the cost of part completed work/component is more than required
for fulfillment of credentials.

4. In case a contract is considered similar in nature for fulfillment of technical


credentials, the overall cost of that work including PVC amount if any shall be
considered and no separate evaluation for each component of that work shall be
made to decide eligibility.

5. The value of final bill including PVC amount-if paid, or otherwise in case final bill
is pending the contract cost in last approved variation statement plus PVC amount
paid or cumulative amount paid up to last on-account bill including PVC amount and
statutory deductions whichever is less, shall be considered as the completion cost of
contract.In case of newly formed partnership firm, the credentials of individual
partners from previous propriety firm(s) or dissolved previous partnership firm(s) or
split previous partnership firm(s), shall be considered only to the extent of their share
in previous entity on the date of dissolution / split and their share in newly formed
partnership firm. For example, a partner A had 30% share in previous entity and his
share in present partnership firm is 20%. In the present tender under consideration,
the credentials of partner A will be considered to the extent of 0.3*0.2*value of the
work done in the previous entity. For this purpose, the tenderer shall submit along
with his bid all the relevant documents which include copy of previous partnership
deed(s), dissolution deed(s) and proof of surrender of PAN No.(s) in case of
dissolution of partnership firm(s) etc.
Page 40 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
6. In case of existing partnership firm, if any one or more partners quit the partnership
firm, the credentials of remaining partnership firm shall be re-worked out i.e., the
quitting partner(s) shall take away his credentials to the extent of his share on the
date of quitting the partnership firm (e.g. in a partnership firm of partners A, B & C
having share 30%, 30% & 40% respectively and credentials of Rs 10 crore; in case
partner C quits the firm, the credentials of this partnership firm shall remain as Rs 6
crore). For this purpose, the tenderer shall submit along with his bid all the relevant
documents which include copy of previous partnership deed(s), dissolution deed(s)
and proof of surrender of PAN No.(s) in case of dissolution of partnership firm(s)
etc.

7. In case of existing partnership firm if any other partner(s) joins the firm, the
credentials of partnership firm shall get enhanced to the extent of credentials of
newly added partner(s) on the same principles as mentioned in item 6 above. For this
purpose, the tenderer shall submit along with his bid all the relevant documents
which include copy of previous partnership deeds, dissolution/splitting deeds and
proof of surrender of PAN No.(s) in case of dissolution of partnership firm etc.

8. Any partner in a partnership firm cannot use or claim his credentials in any other
firm without leaving the partnership firm i.e., In a partnership firm of A&B partners,
A or B partner cannot use credentials of partnership firm of A & B partners in any
other partnership firm or propriety firm without leaving partnership firm of A & B
partners.

9. In case a partner in a partnership firm is replaced due to succession as per succession


law, the proportion of credentials of the previous partner will be passed on to the
successor.

10. If the percentage share among partners of a partnership firm is changed, but the
partners remain the same, the credentials of the firm before such modification in the
share will continue to be considered for the firm as it is without any change in their
value. Further, in case a partner of partnership firm retires without taking away any
credentials from the firm, the credentials of partnership firm shall remain the same as
it is without any change in their value.

11. In a partnership firm ―AB‖ of A & B partners, in case A also works as propriety firm
―P‖ or partner in some other partnership firm ―AX‖, credentials of A in propriety
firm ―P‖ or in other partnership firm ―AX‖ earned after the date of becoming a
partner of the firm AB shall not be added in partnership firm AB.

12. In case a tenderer is LLP, the credentials of tenderer shall be worked out on above
lines similar to a partnership firm.

13. In case company A is merged with company B, then company B would get the
credentials of company A also.

4.A.12.3 Eligibility Criteria Requirements for OEM‟s:

OEM‘s whose products are proposed to be used in this deployment should meet

Page 41 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
following criteria –

SN Eligibility Criteria Requirements Supporting Document Required


1. OEM should have proven facilities for  The certificates/Undertaking
Engineering, manufacture, assembly, along with the complete address
integration and testing of Data Network for the same will have to be
equipment and basic facilities with respect to submitted along with bid.
space, Engineering, Personnel, Test
equipment, Manufacture, Training, Logistic
Supports for at least past three years.
2. The Equipment offered by the tenderer or  Satisfactory Working
equipment of the same series/family (an Performance of the same
undertaking by the OEM has to be submitted series/family from the same OEM
in support in case of immediate predecessor) by the user is required to be
from the same OEM should have been submitted and it should be issued
satisfactorily working in Government/ during last one year from the date
PSUs/Telecom Service of opening of Tender.
Providers network / Internet Service Provider /  The copy of Purchase Order is
Public Listed Company for 100G Alien mandatorily required as
wavelength deployment in live network over supporting document.
3rd party DWDM network for minimum length  An undertaking by the OEM has
of 500 to be submitted in support in case
Kms for at least 12 months, in India or of immediate predecessor
Abroad.

Note:
Work experience certificate issued by Public
listed company having average annual
turnover of Rs 500 Cr and above in last 3
financial years excluding the current financial
year, listed on National Stock Exchange or
Bombay Stock Exchange,
incorporated/registered at least 5 years prior to
the date of opening of tender, shall be
considered provided the work experience
certificate has been issued by a person
authorized by the Public listed company to
issue such certificates.
3. OEM should have supplied  OEM should submit self-
the
equipment/software offered or certificate with proper contact
equipment/software of the same series/family detail of clients along with PO
at least of the value 8.62 Cr during last reference and amount supplied
preceding 3 financial years (i.e. current year (Firm Name, Contact person,
and three previous financial years) as on Designation, Telephone Number,
opening of bid to Government /PSUs / Fax, Official mail id etc.). The
Telecom Service Providers / Internet Service same should be issued by
Provider / Public Listed Company. authorized signatory.
Note:  The copy of Purchase Order is
(i) For Startups* (recognized by Department mandatorily required as
Page 42 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
SN Eligibility Criteria Requirements Supporting Document Required
of Industrial policy and promotion, supporting document.
Ministry of Commerce and Industry) only
1/3 of value as mentioned above is
required.

(ii) Public listed company having average


annual turnover of Rs 500 Cr and above in
last 3 financial years excluding the current
financial year, listed on National Stock
Exchange or Bombay Stock Exchange,
incorporated/registered at least 5 years
prior to the date of opening of tender, shall
be considered.

4. OEM and its subcontractors should not have  Self- Declaration by the OEMs on
been black-listed currently by Central Company‘s letter head.
Govt./State Govt./CPSU/any reputed Telecom
service provider in India or anywhere globally
by Government for the supply of material /
security reasons.
5. Hardware and Software supplied by OEM  No Malicious Code Undertaking
should not have any malicious code. Letter to be provided (as per Form
No. 14 of Chapter-6).
6. The OEM shall ensure that Intellectual OEM Undertaking on their
Property Rights of Hardware (including MAC Respective Letter Heads:-
address) and Source Code of Software must
not reside in any Country that shares a Land We certify that our offered products
Border with India. Moreover, OEM must are genuine, have our own
ensure that they are not getting 3rd party manufacturing setups and
manufacturing from any Country that shares a IPR for the hardware(s)/software(s),
Land Border with India. and not have 3rd party
manufacturing from any company
Note –
blacklisted in India or abroad (due to
OEM's from country that shares a Land proven backdoor access and data
Border with India are allowed to offer their vulnerability) or any company
products provided OEM's is registered with sharing land border with India. The
DPIIT as per para 4.A.41.2, Chapter-4A of Intellectual Property Rights (IPR) of
tender. all offered product and source code
of all offered software are not
residing in countries sharing land
borders with India.
Proof of IPR & source code will be
provided by the OEM.
Or
(in case of OEM from country that
shares a land border with India)

IPR of offered products and source


code of offered software including

Page 43 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
SN Eligibility Criteria Requirements Supporting Document Required
are residing in ................ country
(Please mention the country name)
and OEM has been registered with
the Competent Authority of Govt. of
India and are eligible to be
considered (evidence of valid
registration by the competent
authority is enclosed)

* Relaxations given in eligibility criteria are indicative in nature and startup


companies are required to submit their proposal for seeking relaxation in above
mentioned eligibility criteria. Their proposal will be dealt on case to case basis only.

Note: Bidder shall submit proper contact detail of all the users (Firm Name, Contact
person, Designation, Telephone Number, Fax, Official mail id etc.) for all the
certificates asked in the Qualification Criteria. The bidder is required to submit
complete chain of credentials, e.g. pur-chase order(prices blanked out), showing
relevant value of the PO and satisfactory working/implementation certificate issued
by the user/customer. Purchase orders without relevant organization‘s confirmation
through a credential letter will not be considered as implementation certif-icate from
the client.

4.A.13. CONSORTIUM BIDS

4.A.13.1 In view of nature of work, it is anticipated that some of the intending tenderers will
pool their resources and experience to form consortia. Consortium bids are permitted
with each consortia of tenderers allowed to have at maximum three members, the
consortia of tenderers must clearly define the lead bidder of the consortia along with
its roles and responsibilities.

4.A.13.2 The Lead bidder should meet the eligibility criteria. In their own interest the tenderers
who form such a consortia are advised to investigate capabilities, availability of
resources, experienced personnel, financial soundness, past experience and concurrent
engagements of Constituting partners.

4.A.13.3 Consortia of tenderers, if any, must clearly define role/scope of store/work of each
partner/member. Further the legal agreement for a consortium must accompany the
bid and should clearly define the leader of such a consortium who will be the
contractor and will be responsible for timely completion of work as also during
execution of work, if awarded, coordinate with Purchaser on behalf of the consortium,
receive payments for the works executed and be liable for due performance of the
contract in all respect.

4.A.13.4 Qualification documents, details etc. must however, be provided for each member
firm complete in all respects strictly in requisite proforma.

4.A.13.5 A consortium formed will not be subject to alteration with regard to change in
constituting firms and/or reorientation of roles. Any changes, if proposed by
consortium to take advantage of certain developments during evaluation stage will
render the bid liable to be rejected. As all details are required to be furnished along
Page 44 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
with the bids and will be critically examined during evaluation of bids, it is imperative
that such details should have been thoroughly examined as a safeguard against a
possible disqualification of bids on these grounds.

4.A.13.6 All partners of the consortium shall be jointly and severally liable to RailTel for the
execution of the entire contract in accordance with its terms.
4.A.13.7 Deleted.

4.A.13.7.1Deleted.

4.A.13.7.2Deleted.

4.A.13.8 Consortium shall not have more than three members and each consortium member
shall have minimum 20% contribution in the work. A Consortium must submit a
Power of Attorney by the other member of the Consortium in favor of the Lead
Member. This is also to be enshrined in Memorandum of Agreement signed by the
Consortium Members and submitted along with the bid. Members of consortium
should sign every sheet of price bid as a token of acceptance of all quoted prices
by members, failing which the offer will stand summarily rejected.

4.A.13.9 An individual bidder or a member of Consortium cannot be a member of another


Consortium or a JV partner and participate in this tender.

4.A.13.10 Firms should submit the affidavit (As per Form no. 8 of Chapter-6) & Consortium
Agreement (As per Form no. 9 of Chapter-6) along with the bid/offer.

4.A.13.11 Each consortium member shall make equal contribution towards the total PBG
amount to be submitted along with acceptance of LOA.

4.A.14. Participation Of Joint Venture (JV) Firms In Works Tender :

4.A.14.1 Separate identity/name shall be given to the Joint Venture.

4.A.14.2 Number of members in a JV shall not be more than three, if the work involves only
one aspect. One of the members of the JV shall be its Lead Member who shall have a
majority (at least 51%) share of interest in the JV. The other members shall have a
share of not less than 20% each in case of JV with upto three members. In case of JV
with foreign member(s), the Lead Member has to be an Indian firm/company with a
minimum share of 51%.

4.A.14.3 A member of JV shall not be permitted to participate either in individual capacity or


as a member of another JV in the same tender.

4.A.14.4 The tender form shall be purchased and submitted only in the name of the JV and not
in the name of any constituent member. The tender form can however be submitted
by JV or any of its constituent member or any person authorized by JV through
Power of Attorney to submit tender.

4.A.14.5 Earnest Money Deposit (EMD) shall be deposited by JV or authorized person of JV


through e-payment gateway or as mentioned in tender document.
Page 45 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.14.6 A copy of Memorandum of Understanding (MoU) duly executed by the JV members
on a stamp paper, shall be submitted by the JV along with the tender. The complete
details of the members of the JV, their share and responsibility in the JV etc.
particularly with reference to financial, technical and other obligations shall be
furnished in the MoU (Form No. 10).

4.A.14.7 Once the tender is submitted, the MoU shall not be modified / altered / terminated
during the validity of the tender. In case the tenderer fails to observe/comply with
this stipulation, the full Earnest Money Deposit (EMD) shall be liable to be forfeited.

4.A.14.8 Approval for change of constitution of JV shall be at the sole discretion of the
RailTel. The constitution of the JV shall not be allowed to be modified after
submission of the tender bid by the JV, except when modification becomes
inevitable due to succession laws etc., provided further that there is no change in
qualification of minimum eligibility criteria by JV after change of composition.
However, the Lead Member shall continue to be the Lead Member of the JV. Failure
to observe this requirement would render the offer invalid.

4.A.14.9 Similarly, after the contract is awarded, the constitution of JV shall not be allowed to
be altered during the currency of contract except when modification become
inevitable due to succession laws etc. and minimum eligibility criteria should not get
vitiated. Failure to observe this stipulation shall be deemed to be breach of contract
with all consequential penal action as per contract conditions.

4.A.14.10 On award of contract to a JV, a single Performance Guarantee shall be submitted by


the JV as per tender conditions. All the Guarantees like Performance Guarantee,
Bank Guarantee for Mobilization Advance, Machinery Advance etc. shall be
accepted only in the name of the JV and no splitting of guarantees amongst the
members of the JV shall be permitted.

4.A.14.11 On issue of LOA (Letter of Acceptance), the JV entity to whom the work has been
awarded, with the same shareholding pattern as was declared in the MOU/JV
Agreement submitted along with the tender, shall be got registered before the
Registrar of the Companies under 'The Companies Act -2013' (in case of Company)
or before the Registrar/Sub-Registrar under the 'The Indian Partnership Act, 1932'
(in case of Partnership Firm) or under 'The LLP Act 2008' (in case of LLP). A
separate PAN shall be obtained for this entity. The documents pertaining to this
entity including its PAN shall be furnished to the RailTel before signing the contract
agreement for the contract. In case the tenderer fails to observe/comply with this
stipulation within 60 days of issue of LOA, contract is liable to be terminated. In
case contract is terminated RailTel shall be entitled to forfeit the full amount of the
Earnest Money Deposit and other dues payable to the Contractor under this contract.
The entity so registered, in the registered documents, shall have, inter-alia, following
Clauses:

a) Joint And Several Liability - Members of the entity to which the contract is
awarded, shall be jointly and severally liable to the RailTel for execution of the
project in accordance with General and Special Conditions of Contract. The
members of the entity shall also be liable jointly and severally for the loss,

Page 46 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
damages caused to the RailTel during the course of execution of the contract or
due to non-execution of the contract or part thereof.

b) Duration of the Registered Entity - It shall be valid during the entire currency
of the contract including the period of extension, if any and the maintenance
period after the work is completed.

c) Governing Laws - The Registered Entity shall in all respect be governed by


and interpreted in accordance with Indian Laws.

4.A.14.12 Authorized Member - Joint Venture members in the JV MoU shall authorize one of
the members on behalf of the Joint Venture to deal with the tender, sign the
agreement or enter into contract in respect of the said tender, to receive payment, to
witness joint measurement of work done, to sign measurement books and similar
such action in respect of the said tender/contract. All notices/correspondences with
respect to the contract would be sent only to this authorized member of the JV.

4.A.14.13 No member of the Joint Venture shall have the right to assign or transfer the interest
right or liability in the contract without the written consent of the other members and
that of the RailTel in respect of the said tender/contract.

4.A.14.14 Documents to be enclosed by the JV along with the tender:

a) In case one or more of the members of the JV is/are partnership firm(s), following
documents shall be submitted:
i) A notarized copy of the Partnership Deed,
ii) A copy of consent of all the partners or individual authorized by partnership
firm, to enter into the Joint Venture Agreement on a stamp paper,
iii) A notarized or registered copy of Power of Attorney in favour of the individual
to sign the MOU/JV Agreement on behalf of the partnership firm and create
liability against the firm.

b) In case one or more members is/are HUF, the following documents shall be
enclosed:

i) A copy of notarized affidavit on Stamp Paper declaring that he who is signing


the affidavit on behalf of HUF is in the position of „Karta‟ of Hindu
Undivided Family (HUF) and he has the authority, power and consent given by
other members to act on behalf of HUF.

c) In case one or more members of the JV is/are companies, the following documents
shall be submitted:

i) A copy of resolutions of the Directors of the Company, permitting the


company to enter into a JV agreement,

ii) The copies of MOA (Memorandum of Association) / AOA (Articles of


Association) of the company

iii) A copy of Certificate of Incorporation

Page 47 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
iv) A copy of Authorization/copy of Power of Attorney issued by the Company
(backed by the resolution of Board of Directors) in favour of the individual to
sign the tender, sign MOU/JV Agreement on behalf of the company and create
liability against the company.

d) All the Members of JV shall certify that they are not blacklisted or debarred by
RailTel or Railways or any other Ministry / Department of the Govt. of India from
participation in tenders/contract on the date of opening of bids either in their
individual capacity or as a member of the JV in which they were/are members.

e) All other documents in terms of explanatory notes in clause 4.A.14.14 above.

f) Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity
of the JV shall be adjudged based on satisfactory fulfillment of the following
criteria:

4.A.14.15 Technical Eligibility Criteria („a‟ or „b‟ mentioned hereunder):

(a) For Contracts without composite components

The technical eligibility for the contract as per para 12.2 above, shall be satisfied by
either the ‗JV in its own name & style‘ or ‗any member having min 26% share‘.
Each other member of JV shall have technical capacity of minimum 10% of the cost
of work i.e., each JV member must have satisfactorily completed during the last 07
(seven) years, ending last day of month previous to the one in which tender is
invited, one similar single work for a minimum of 10% of advertised value of the
tender.

(b) For Contracts with composite components

(i) The technical eligibility for each component of contract as per para 4.A.12.2
above, shall be satisfied by either the ‗JV in its own name & style‟ or „any
member of JV having min 26% share‘. Each other member of JV shall have
technical capacity of minimum 10% of the cost of any component of contract
i.e., each JV member must have satisfactorily completed during the last 07
(seven) years, ending last day of month previous to the one in which tender is
invited, one similar single contract for a minimum of 10% of cost of any
component of contract.

OR

(ii) The technical eligibility for major component of contract as per para 4.A.12.2
above, shall be satisfied by either the ‗JV in its own name & style‘ or ‗any
member of JV having min 26% share‘ and technical eligibility for other
components of contract, shall be satisfied by either the ‗JV in its own name
&style‘ or ‗any member of the JV‘. Each other member of JV shall have
technical capacity of minimum 10% of the cost of any component of contract.
i.e., each JV member must have satisfactorily completed during the last 07
(seven) years, ending last day of month previous to the one in which tender is
invited, one similar single work for a minimum of 10% of cost of any
component of contract.
Page 48 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Note for Clause 4.A.14.15:

(a) The Major component of the contract for this purpose shall be the
component of contract having highest value. In cases where value of two or
more component of contract is same, any one work can be classified as
Major component of contract.

(b) Value of a completed contract done by a Member in an earlier JV shall be


reckoned only to the extent of the concerned member's share in that JV for
the purpose of satisfying his/her compliance to the above mentioned
technical eligibility criteria in the tender under consideration).

4.A.14.16 Financial Eligibility Criteria

The JV shall satisfy the requirement of ―Financial Eligibility‖ mentioned at para


4.A.12.2 above. The ―financial capacity‖ of the lead partner of JV shall not be less
than 51% of the financial eligibility criteria mentioned at para 4.A.12.2 above.

The arithmetic sum of individual ―financial capacity‖ of all the members shall be
taken as JV‘s ―financial capacity‖ to satisfy this requirement.

(Note: Contractual payment received by a Member in an earlier JV shall be reckoned


only to the extent of the concerned member‘s share in that JV for the purpose of
satisfying compliance of the above mentioned financial eligibility criteria in the
tender under consideration).

4.A.14.17 Participation of Partnership Firms in contracts:

i) The Partnership Firms participating in the tender should be legally valid under the
provisions of the Indian Partnership Act.

ii) The partnership firm should have been in existence or should have been formed prior
to submission of tender. Partnership firm should have either been registered with the
Registrar or the partnership deed should have been notarized prior to date of tender
opening as per the Indian Partnership Act.

iii) Separate identity / name should be given to the partnership firm. The partnership
firm should have PAN / TAN number in its own name and PAN / TAN number in
the name of any of the constituent partners shall not be considered. The valid
constituents of the firm shall be called partners.

iv) Once the tender has been submitted, the constitution of the firm shall not normally
be allowed to be modified / altered / terminated during the validity of the tender as
well as the currency of the contract except when modification becomes inevitable
due to succession laws etc., in which case prior permission should be taken from
RailTel and in any case the minimum eligibility criteria should not get vitiated. The
re-constitution of firm in such cases should be followed by a notary certified
Supplementary Deed. The approval for change of constitution of the firm, in any
case, shall be at the sole discretion of the RailTel and the tenderer shall have no
claims what-so-ever. Any change in the constitution of Partnership firm after
Page 49 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
opening of tender shall be with the consent of all partners and with the signatures of
all partners as that in the Partnership Deed. Failure to observe this requirement shall
render the offer invalid and full EMD shall be forfeited.

If any Partner/s withdraws from the firm after opening of the tender and before the
award of the contract, the offer shall be rejected and EMD of the tenderer will be
forfeited. If any new partner joins the firm after opening of tender but prior to award
of contract, his / her credentials shall not qualify for consideration towards eligibility
criteria either individually or in proportion to his share in the previous firm. In case
the tenderer fails to inform RailTel beforehand about any such changes /
modification in the constitution which is inevitable due to succession laws etc. and
the contract is awarded to such firm, then it will be considered a breach of the
contract conditions liable for determination of the contract under Clause 7.6.11 of
Chapter-7.

iv) A partner of the firm shall not be permitted to participate either in his individual
capacity or as a partner of any other firm in the same tender.

v) The tender form shall be submitted only in the name of partnership firm. The EMD
shall be deposited by partnership firm through e-payment gateway or as mentioned
in tender document. The EMD submitted in the name of any individual partner or in
the name of authorized partner (s) shall not be considered.

vi) One or more of the partners of the firm or any other person (s) shall be designated as
the authorized person (s) on behalf of the firm, who will be authorized by all the
partners to act on behalf of the firm through a ―Power of Attorney‖, specially
authorizing him / them to submit & sign the tender, sign the agreement, receive
payment, witness measurements, sign measurement books, make correspondences,
compromise / settle / relinquish any claim (s) preferred by the firm, sign ―No Claim
Certificate‖, refer all or any dispute to arbitration and to take similar such action in
respect of the said tender / contract. Such ―Power of Attorney‖ shall be notarized /
registered and submitted along with the tender.

vii) On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees
like Performance Guarantee, Guarantee for various Advances to the Contractor shall
be submitted only in the name of the partnership firm and no splitting of guarantees
among the partners shall be acceptable.

viii) On issue of Letter of Acceptance (LOA), contract agreement with partnership firm
shall be executed in the name of the firm only and not in the name of any individual
partner.

ix) In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following
undertakings shall be furnished by all the partners through a notarized affidavit,
before signing of contract agreement.

Joint and several liabilities:

The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be
jointly and severally liable to the RailTel for execution of the contract in accordance
with General and Special Conditions of the Contract. The partners shall also be
Page 50 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
liable jointly and severally for the loss, damages caused to the RailTel during the
course of execution of the contract or due to non-execution of the contract or part
thereof.

Duration of the partnership deed and partnership firm agreement:

The partnership deed/partnership firm agreement shall normally not be


modified/altered/ terminated during the currency of contract and the maintenance
period after the work is completed as contemplated in the conditions of the contract.
Any change carried out by partners in the constitution of the firm without permission
of RailTel, shall constitute a breach of the contract, liable for determination of the
contract under clause 7.6.11, chapter-7 of thender document.

Governing laws: The partnership firm agreement shall in all respect be governed by
and interpreted in accordance with the Indian laws.

No partner of the firm shall have the right to assign or transfer the interest right or
liability in the contract without the written consent of the other partner/s and that of
the RailTel.

x) The tenderer shall clearly specify that the tender is submitted on behalf of a
partnership firm. The following documents shall be submitted by the partnership
firm, with the tender:

A notarized copy of partnership deed: A notarized or registered copy of Power of


Attorney in favor of the individual to tender for the work, sign the agreement etc.
and create liability against the firm.

(i) An undertaking by all partners of the partnership firm that they are not
blacklisted or debarred by RailTel or Railways or any other Ministry /
Department of the Govt. of India from participation in tenders / contracts as on
the date of opening of bids, either in their individual capacity or in any firm in
which they were / are partners. Concealment / wrong information in regard to
above shall make the contract liable for determination under clause 7.6.11,
chapter-7.

(ii) All other documents in terms of explanatory notes in Clause 4.A.12 above.

xi) Evaluation of eligibility of a partnership firm:

Technical and financial eligibility of the firm shall be adjudged based on satisfactory
fulfillment of the eligibility criteria laid down in Clause 4.A.12 above.

4.A.15. System Performance Guarantee

4.A.15.1. The tenderer shall give unqualified and unconditional guarantee that when the
equipment / material supplied by him is installed and commissioned at site, it shall
achieve the desired objective and that in the event of performance of the system
when installed not complying with the end objective or with the specifications, he
shall provide further inputs to enable the RailTel to realize the end objectives with
full compliance of the specifications contained in these documents. No additional
Page 51 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
payment will be made to the contractor for supply of any additional goods and
service required in this regard.

4.A.15.2. This certificate in the Proforma given in Chapter 6, Form No. 2, shall accompany the
final offer. Absence of this certificate which will form part of the agreement shall
disqualify the tenderer automatically.

4.A.16. Evaluation of Offer

4.A.16.1. Evaluation of bids will be done, based on total cost of Schedule-A, Schedule-B and
Schedule-C of SOR including taxes.

4.A.16.2. Additional features offered by the bidder, over and above the ones asked for in the
tender documents, shall not be considered for evaluation of bids.

4.A.16.3.The tenderer shall make available the offered products during technical evaluation of
offered equipment for testing and benchmarking to RailTel in Delhi-Agra Section or
any other section as decided by RailTel. Testing shall be completed by bidder within
30 days from the date of intimation to bidder. Testing shall be conducted by
NOC/CNOC for technically qualified bidders as defined in clause 4.A.47, Ch-4A.
POC may be exempted in case equipment offered by any bidder is already working in
RailTel‘s network successfully, however decision of RailTel in this regard will be
final and binding on bidder.

4.A.16.4. The bidders should quote for all items & the offer will be evaluated in totality. The
bidders should indicate brand name, type/model number of the products offered. The
equipment should be supplied as per Technical Specifications given in Chapter-3A.

4.A.16.5 Price bid will be opened only for the technically qualified bidders. Bid evaluation will
be done based on the quote received as per Chapter-2. Inter se position of the offers
will be determined on total unit rate on CIP destination basis which will include basic
rate, custom duty, CGST, SGST, IGST, GST, freight, insurance and any other charge
or cost quoted by the tenderer, including GST payable on reverse charge by RailTel,
wherever applicable.

4.A.16.6 After opening of Price Bid, Reverse Auction (RA) will be applicable as per Annexure-
III of tender document.

4.A.17. Security Considerations & Security Agreement

4.A.17.1 While evaluating the tender, regards would be paid to National Defence and Security
considerations.

4.A.17.2 The directives issued from time to time by the Department of Telecommunications
(DoT), Ministry of Communications and IT or any other Ministry of Govt. of India on
security considerations shall be applicable to the present tender. Accordingly, as per
the extent amendment of the National Long Distance (NLD) Service License
Agreement for Security related concerns for expansion of Telecom Services in
various zones of the country issued vide Department of Telecommunication, Ministry
of Communication and IT, Govt. of India‘s letter no. 10-54/2010-CS-III (NLD) dated:
31.05.2011, the successful tenderer (OEM) shall comply with the provisions stated in
Page 52 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
the above mentioned directive of DoT and shall have to enter into an agreement with
RailTel as per the mutual agreement between Telecom Service Provider and the
vendor of equipment, product and services (based on template, available on DoT
website), covering all relevant clauses. The tenderer must submit a declaration
along with their bid in this regard.

4.A.17.3 Deleted

4.A.18. Purchaser‟s Right to Vary Quantities

4.A.18.1 The purchaser shall be at liberty to enhance or reduce the quantity mentioned in the
LOA/Sub PO/PO as indicated in Bid Data Sheet (BDS) Chapter 5 without assigning
any reasons. The bidder shall comply with such modifications unconditionally
provided these are made before completion of the deliveries under the purchase
order/LOA. Any such change in quantity shall have no impact on the rates mentioned
in the purchase order/LOA for any such item.

4.A.18.2 Rate Contract:

4.A.18.2.1 RailTel,if required, may enter into Rate Contract with the firm to whom the contract
is awarded for catering to additional requirement of Equipment & Cards as and when
arise in future. Rate Contract on the successful tenderer would be placed separately
and would be operative from the date of PAC/part PAC and would be valid for a
period of 12 months. The validity of rate contract may be extended for further 12
months with mutual agreement. This Rate Contract would be at the same rates as
finalized in main contract or variation PO, which ever is lesser. During the validity
of Rate Contract, RailTel will place Sub Purchase Orders for Equipment & Cards
detailed in SOR, as per requirement. The total value of all the Sub Purchase Orders
under Rate Contract shall be restricted to 50% of the contract value for these SOR
items, however, there is no guaranteed off take against this Rate Contract. A
standing Performance Bank Guarantee of Rs. 10 lakh for due fulfillment of the rate
contract with validity of four months beyond contract period will be submitted by
the tenderer within 30 days of issue of LOA for Rate Contract. The contractor shall
have to supply, install and supervise the testing commissioning & integration of the
equipment & cards against these Sub Purchase Orders within 60 days from the date
of issue of such Sub Purchase Orders and should submit a Performance Bank
Guarantee (PBG) within 30 days of the issue of such Sub Purchase orders @10% of
the value (rounded off to nearest Thousand of Rupees) of the Sub PO as per
proforma given in Chapter 6, Form No.1. The PBG submitted against Sub PO is for
the satisfactory performance of materials and should be valid for a period of 4
months beyond warranty period. Terms & conditions of this tender document will be
applicable for the Sub POs issued against rate Contract, if any. If the delivery period
gets extended, the PBG should also be extended appropriately.

4.A.18.2.2 Deleted.

4.A.18.2.3 The payment conditions against Rate Contract will be as under:

4.A.18.2.3.1 75% of the payment at the time of delivery as per clause 4.A.5 of this Chapter-
4A.

Page 53 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.18.2.3.2 Additional 15% of the payment at the time of delivery, if installation, testing,
commissioning & integrationare not included in PO/LOA. In case if installation,
testing, commissioning &itegration is included, the terms will remain same as in
clause 4.A.5 of this Chapter-4A.

4.A.18.2.3.3 Additional 5% of the payment at the time of delivery, if installation, testing,


commissioning & integration are not included in PO/LOA. In case if installation,
testing, commissioning &itegration is included, the terms will remain same as in
clause 4.A.5 of this Chapter-4A.

4.A.18.2.3.4 5% of the payment after expiry of one year from the date of delivery, if
installation, testing, commissioning & integration is not included in PO/LOA. In
case if installation, testing, commissioning & integration is included, the terms
will remain same as in clause 4.A.5 of this Chapter-4A.

4.A.19.Purchaser‟s Right to accept any offer / Bid and to reject any or all offer/ Bid

4.A.19.1 The Purchaser reserves the right to accept or reject any offer / bid, and to annul the
bidding process and reject all offers / bids, at any time prior to award of order without
assigning any reason whatsoever and without thereby incurring any liability to the
affected bidder or bidders on the grounds for the Purchaser‘s action.

4.A.20. Execution of Purchase Order/LOA

4.A.20.1 POs will be issued Region wise.

4.A.20.2 The successful bidder has to submit the copy of the Purchase order/LOA duly signed
on each page including Annexure & will submit the Performance Bank Guarantee as
per Clause no. 4.A.6 of this chapter for due fulfillment of the PO/LOA.

4.A.20.3 If the successful bidder fails to submit the accepted copy of PO/LOA within 15 days
from the date of issue, it shall constitute a breach of the agreement affected by the
acceptance of the tender in which case the full value of the earnest money
accompanying the tender shall stand forfeited without prejudice to any other rights or
remedies.

4.A.20.4 In the event of any tenderer whose tender is accepted and refuses to execute the
PO/LOA as herein before provided, RailTel may determine that such tenderer has
abandoned the Purchase Order/LOA and thereupon his tender and acceptance thereof
shall be treated as cancelled and RailTel shall be entitled to forfeit the full amount of
the Earnest Money and to recover the damages for such default.

4.A.21. Annulment of Award

Failure of the successful bidder to comply with the requirement of various clauses of
tender document shall constitute sufficient ground for the annulment of the award and
forfeiture of EMD in which event the Purchaser may make the award to any other
bidder at the discretion of the Purchaser or call for new offers/ bids.

4.A.22. Earnest Money Deposit (EMD) and Cost of Tender Document


Page 54 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.22.1 All the Bidders/OEM are required to deposit Tender Cost and EMD amount as
mentioned in NIT and BDS through e-Nivida Portal as ―Tender Cost‖ &―Earnest
Money”. Tender cost and EMD in no other form shall be accepted.Offers without
applicable EMD amount and tender cost shall be summarily rejected.

4.A.22.3 The EMD may be forfeited if a bidder withdraws his offer or modifies the terms and
conditions of the offer during validity period and in the case of a successful bidder, if
the bidder fails to accept the Purchase order/LOA and fails to furnish performance
bank guarantee (security deposit) in accordance with clause 4.A.6 of this chapter.

4.A.22.4 Offers withoutcomplete amount of Earnest Money shall be summarily rejected.

4.A.22.5 Earnest Money of the unsuccessful bidder will be discharged / returned as promptly as
possible but not later than 30 days after the expiry of the period of offer / bid validity
prescribed by the Purchaser.

4.A.22.6 The successful bidder‘s EMD will be discharged upon the bidder‘s acceptance of the
purchase order/LOA satisfactorily and furnishing the performance bank guarantee in
accordance with clause 4.A.6 (Chapter-4A).

4.A.22.7 Earnest Money will bear no interest.

4.A.23. For Micro and Small Enterprises (MSEs)

4.A.23.1 Deleted

4.A.23.2 Deleted

4.A.23.3 Deleted

4.A.23.4 Deleted

4.A.23.5 RailTel is registered with m1xchange TReDS Platform having Buyer registration
Number ―BUYER00001496‖. The URL for m1xchange Platform is
https://www.m1xchange.com. MSE suppliers/Vendors are required to register
themselves on m1xchange Plateform for availing the facility of bill discounting on
TReDS portal. The bidder is mandatorily required to submit its TReDS registration
number (as provided by m1xchange portal) and GRN (Goods/Service Receipt Note)
Number (as provided by RailTel on delivery of Goods/Service) while submitting the
invoices if requires to avail TReDS facility.

4.A.23.6 MSE vendor will bear all costs relating to availing the facility of discounting on
TReDS platform including but not limited to Registration charges, Transaction
charges for financing, Discounting Charges, Interest on financing, or any other
charges known by any name shall be born by MSE Vendor.

4.A.23.7 MSE Vendor hereby agrees to indemnify, hold harmless and keep RailTel and its
affiliates, Directors, officers, representatives, agents and employees indemnified, from
any and all damages, losses, Claims and liabilities (including legal costs) which may
Page 55 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
arise from Sellers submission, posting or display, participation, in any manner, on the
TReDS Platform or form the use of Services or from the Buyer‘s breach of any of the
terms and conditions of the Usage Terms or of this Agreement and any Applicable
Law on a full indemnity basis.

4.A.23.8 RailTel shall not be laible for any special, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to
damages for loss of profits or savings, business interruption, loss of information),
whether in contract, tort, equity or otherwise or any other damages resulting from
using TReDS platform for discounting their (MSE Vendors) invoices.

4.A.24. Offer/ Bid Prices

4.A.24.1 The bidder shall give the prices indicating all levies and taxes, packing forwarding,
freightand insurance etc. The basic unit price and all other components of the price
need to be individually indicated against the goods it proposes to supply under the
tender document asper schedule given in Chapter 2. The price shall be quoted in
Indian Rupees (FOR/CIP destination).

4.A.24.2 The breakup of price of each item of SOR in terms of basic Unit price, Custom duty,
CGST/SGST/IGST/GST and other taxes and any other Levies/charges already paid or
payable by the tenderer shall be quoted in Annexure-A & B of Chapter 2. Any
changes in statutory duties/taxes after opening of technical bid will be to RailTel‘s
account within the contracted delivery period.

4.A.24.3 All prices and other information like discounts etc. having a bearing on the price shall
be written both in figures and in words in the prescribed offer form (SOR). In case of
difference in words and figures, the amount written in words will be taken into
consideration. In the event of any discrepancy between total unit cost and total cost,
the value shown in total unit cost will be taken for evaluation purpose.

4.A.24.4 Deleted.

4.A.25 Clause wise Compliance

4.A.25.1 For Bidder – Bidder has to submit Nil Deviation (Form No. 12, Chapter-6) form as a
compliance against all the terms and conditions of Tender document. Bidder may
submit Deviation, if any, in his bid from Tender document in the format given in
Form no. 12.However in case of submission of any Deviation from Tender
conditions, RailTel reserves the right to reject the bid without giving any
justification.

Note: In case of non-submission of Form no. 12 (Chapter-6) with bid, the bidders bid
may be rejected.

4.A.25.2 For OEM - Clause wise compliance statement of Technical Specifications (Chapter-
3A).

4.A.26 Inspection

4.A.26.1 Pre-shipment / pre-dispatch inspection shall be carried out at manufacturer‘s /


tenderer‘s works by RailTel‘s authorized representative. Material should be offered
Page 56 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
for inspection ensuring supply, installation, testing, commissioning and integration
within the period as specifiec in tender. Traveling, lodging & boarding expenses of
RailTel‘s representative and charges for 3rd party inspection if any shall be borne by
RailTel but necessary facilities to carry out tests/witness inspection shall be provided
by the manufacturer/ tenderer, free of cost. Under exceptional circumstances, if it is
not possible to carry out pre-dispatch inspection at Manufacturer‘s premises,
exemption for the same shall be obtained from competent authority.

4.A.26.2 Along with inspection call, the tenderer/manufacturer shall submit details of test
procedures, test programme, test parameters together with permitted values, etc., and
their Quality Assurance Plan.

4.A.26.3 In case material fails during inspection, the fresh lot of material shall be offered
without any extra cost, by the manufacturer/tenderer. In such a case, total cost of re-
inspection including travel, lodging & boarding of the inspecting officials shall be to
manufacturer‘s/ tenderer‘s account.

4.A.27 Force Majeure

4.A.27.1 If during the Agreement, the performance in whole or in part, by either party, of any
obligation under this is prevented or delayed, by reason beyond the control of the
parties including war, hostility, acts of the public enemy, civic commotion, sabotage,
Act of State or direction from Statutory Authority, explosion, epidemic, quarantine
restriction, strikes and lockouts (as are not limited to the establishments and facilities
of the parties), fire, floods, earthquakes, natural calamities or any act of GOD
(hereinafter referred to as EVENTS), provided notice of happenings of any such
EVENT is given by the affected party to the other, within twenty one (21) days from
date of occurrence thereof, neither party shall have any such claims for damages
against the other, in respect of such non-performance or delay in performance.
Provided service under this Agreement shall be resumed as soon as practicable, after
such EVENT comes to an end or ceases to exist.

4.A.27.2 In the event of a Force Majeure, the affected party will be excused from performance
during the existence of the Force Majeure. When a Force Majeure occurs, the affected
party after notifying the other party will attempt to mitigate the effect of the Force
Majeure as much as possible. If such delaying cause shall continue for more than
sixty (60) days from the date of the notice stated above, the party injured by the
inability of the other to perform shall have the right, upon written notice of thirty (30)
days to the other party, to terminate this Agreement. Neither party shall be liable for
any breach, claims, damages against the other, in respect of non-performance or delay
in performance as a result of Force Majeure leading to such termination.

4.A.28 Settlement of Disputes


In case of any dispute concerning this order both the tenderer and RailTel shall try to
settle the same amicably through mutual discussion/negotiations. Any unsettled dispute
shall be settled in terms of Indian Act of Arbitration and conciliation 1996 or any
amendment thereof. Place of arbitration shall be New Delhi. Arbitrator shall be
appointed by Chairman & Managing Director, RailTel Corporation of India Limited.

4.A.29 Governing Laws:


Page 57 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
The APO/Sub PO/Purchase Order shall be interpreted in accordance with the laws of
India. The courts at New Delhi shall have exclusive jurisdiction to entertain and try all
matters arising out of this contract.

4.A.30. Termination for Default

4.A.30.1 The purchaser may, without prejudice to any other remedy for breach of contract, by
written notice of default, sent to the Tenderer, terminate this contract in whole or in
part.

a) If the tenderer fails to deliver any or all of the goods within the time period(s)
specified in the contract.
b) If the tenderer fails to perform any other obligation(s) under the contract; and
c) If the tenderer, in either of the above circumstance(s) does not remedy his failure
within a period of 30 days (or such longer period as the Purchaser may authorize
in writing) after receipt of the default notice from the Purchaser.

4.A.31 Risk & Cost

If the contractor fails to deliver the equipment or honour the contractual commitment
within the period fixed for such delivery in the contract, the Purchaser may terminate
the Purchase order/LOA/ contract in whole or in part, the Purchaser may proceed to
purchase, upon such terms and in such manner as it deems appropriate, goods similar to
those undelivered at no risk and cost to contractor. However, the security deposit of
tenderer shall be forfeited/ Performance Bank Guarantee shall be encashed. The failed
tenderer shall not be permitted to take part in the tender for balance work.

4.A.31.1 The Maximum Liability of tenderer to any Loss/Damages to RailTel including


Liquidity Damages and Performance Guarantee shall be limited to 100% of Value of
contract.

4.A.32. Termination for Insolvency

The purchaser may at any time terminate the LOA/Sub PO/PO by giving written notice
to the tenderer, without compensation to the tenderer, if the tenderer becomes bankrupt
or otherwise insolvent as declared by the competent court provided that such
termination will not prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser.

4.A.33. Rates During Negotiation

The tenderer/s shall not increase his/their quoted rates including payment terms in case
the RailTel Administration negotiates for reduction of rates. Such negotiations shall
not amount to cancellation or withdrawal of the original offer and the rates originally
quoted will be binding on the tenderer/s.

4.A.34. Deleted
4.A.35. Submission of Offers

Page 58 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
This e-tender should be duly submitted online using e-Procurement Portal
https://railtel.enivida.com.

a. The offer shall be submitted in two packet on Nivind Portal as per instructions given
in Chapter-4B & 4C of tender.

b. Tenderer shall quote in SOR provided in eNivida portal. In case the schedule of
requirement quoted by tenderer is incomplete with reference to tender document, the
offer is liable to be rejected.

c. Any document submitted/uploaded in eNivida portal must be duly signed & stamped
by the tenderer in each page.

d. The rates quoted should be written both in words and figures. The unit of rates
should be in metric system and as per tendered specification/schedule. In case of
difference between words and figures, the rate in words will prevail. If there is a
discrepancy between the unit price and total price that is obtained by multiplying the
unit price and quantity, the unit price shall prevail and the total price shall be
corrected by the purchaser accordingly.

e. Tenderers are requested to go through all the conditions of the tender document and
note that, by submitting the tender documents, duly signed, they have accepted these
conditions and undertake to abide by these conditions (unless specifically disagreed
to clause wise).

f. ATTESTATION OF ALTERATION: No scribbling is permissible in the tender


documents. Tender containing erasures and alterations in the tender documents are
liable to be rejected. Any correction made by the tenderer/ tenderers in his/their
entries must be signed (not initialed) by him/them.

4.A.36. Constitution of Firm and power of Attorney

4.A.36.1. Any individual(s) signing the tender or other documents connected therewith should
specify whether he is signing:-

(a) As sole proprietor of the concern or as attorney of the sole Proprietor.

(b) As a partner or partners of the firm.

(c) As a Director, Manager or Secretary in the case of Limited Company duly


authorized by a resolution passed by the Board of Directors or in pursuance
of the authority conferred by Memorandum of Association.

4.A.36.2. In the case of a firm not registered under the Indian Partnership Act, all the partners or
the attorney duly authorized by all of them should sign the tender and all other
connected documents. The original Power of Attorney or other documents
empowering the individual or individuals to sign should be furnished to the Purchaser
for verification, if required.

Page 59 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.36.3. The RailTel will not be bound by Power of Attorney granted by the tenderer or by
the changes in the composition of the firm made subsequent to the execution of the
contract agreement.

4.A.36.4. In case where the Power of Attorney partnership deed has not been executed in
English, the true and authenticated copies of the translation of the same by
Advocate, authorized translators of Courts and Licensed Petition Writers should be
supplied by the Contractor(s) while tendering for the work.

4.A.36.5. The duly notarized Power of Attorney shall be submitted in original or duly signed.

4.A.37. Opening of Tender

4.A.37.1 Tenderer‘s Bid will be opened on specified date & time as mentioned in BDS
(Chapter 5) of the tender in presence of such Tenderers/ Representatives who choose
to be present.

4.A.38. Non-Transferability & Non-Refundability

The tender documents are not transferable.

4.A.39. Errors, Omissions & Discrepancies

The Contractor(s) shall not take any advantage of any mis-interpretation of the
conditions due to typing or any other error and if in doubt, shall bring it to the
notice of the purchaser without delay. In case of any contradiction only the printed
rules, and books should be followed and no claim for the mis-interpretation shall be
entertained.

4.A.40. Wrong Information by Tenderer

If the tenderer/s deliberately gives/give wrong information in his/their tender which


creates/create circumstances for the acceptance of his/their tender the RailTel
reserves the right to reject such tender at any stage.

4.A.41. Public Procurement:

4.A.41.1 Preference to Make in India:The provisions of the revised ―Public Procurement


(Preference to Make in India) Order 2017‖ dated 16.09.2020 (or subsequent revisions,
if any till opening of tender) by Department of Promotion of Industry and Internal
Trade (DPIIT), GoI shall apply to this tender.

i. Only Class-I local suppliers (meeting minimum 50% local content) & Class-II
local suppliers (meeting minimum 20% local content)are eligible to participate in
this tender.

ii. Minimum Local Content shall be 50% for purchase preference or as per the
Notification No. 18-10/2017-IP dated 29th August 2018 issued by Department of
Telecommunications, Ministry of Communications and Notification No.
33(1)/2017-IPHW dated 14.09.2017issued by MeitY or latest notification issued
till opening of tender.
Page 60 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
iii. Among all qualified bids, the lowest bid will be termed as L1. If L1 is Class-I local
supplier, the contract will be awarded to L1. If L1 is not Class-I local supplier, the
lowest bidder among the Class-I local supplier, will be invited to match the L1
price subject to local supplier‘s quote price falling with in the margin of purchase
preference of 20%, and the contract shall be awarded to such Class-I local supplier
subject to matching the L1 price. In case such lowest eligible Class-I local supplier
fails to match the L1 price, the Class-I local supplier with the next higher bid
within the margin of purchase preference of 20%, shall be invited to match the L1
price and so on and contract shall be awarded accordingly. In case none of the
Class-I local supplier within the margin of purchase preference of 20%, matches
the L1 price, the contract may be awarded to the L1 bidder.Please refer clause-
4.A.41.1 of Chapter-4A of this tender.

iv. As per para 9 of PPP-MIII order 16.09.2020, bidder shall be required to indicate
percentage of local content and provide self-certification in his bid (without
mention of any price) that the item offered meets the local content requirement for
Class-I/Class-II local supplier, as the case may be and shall also give details of the
location(s) at which the local value addition is made. In case of procurement for a
value in excess of Rs. 10 Crores, the bidder shall be required to provide a
certificate from the statutory auditor or cost auditor of the company (in the case of
companies) or from a practicing cost accountant or practicing chartered accountant
(in respect of suppliers other than companies) giving the percentage of local
content. Bidder shall upload the certificate along with their techno-commercial bid.
The bidder shall also provide calculation of Local Content with price Break-up of
―Local Content‖ and ―Imported Content‖ for each SOR item (certified by
CA/Statutory Auditor) as per DPIIT‘s PMI Policy and its clarifications and same
shall be uploaded by the bidder along with their price bid. In case of any false
declaration, action shall be taken in line with the provisions of the PPP-MIII order.
Performa for self-certification regarding local content is given in the
Notification No. 18-10/2017-IP dated 29th August 2018 issued by Department
of Telecommunications. Self certification in the prescribed performa is
required to be submitted by both bidder and OEM. The cost of
transportation, insurance, installation, commissioning, training and after sales
service support like AMC/CMC etc. will not be taken into account for
calculating local content in any item. The contact details of CA/Statutory
Auditor along with UDIN No. shall be mandatorily mentioned on certificate
from CA/Statutory Auditor.

v. Self-certification of bidder as above shall be supported by the following


certificate from Statutory Auditor engaged by the bidder, on the letter head of
such Statutory Auditor. “We__________ the statutory auditor of M/s.__
(name of the bidder) hereby certify that M/s.________ (name of bidder) meet
the mandatory Local Content requirements of the Project Work under this
tender i.e. __% (to be filled by the work center) quoted vide offer No._____
dated___ against RAILTEL tender No._______ by M/s. ______ (Name of the
bidder).

Note: In case of bidder(s) for whom Statutory Auditor is not required as per law,
required certificates shall be provided by a practicing Chartered Accountant.

Page 61 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
vi. Office Memorandum Dated 19.02.2020 (or latest) issued by Department of
Telecommunications, Ministry of Communications shall be applicable for Clause
10(d) of Public Procurement (Preference to Make in India) Order, 2017.

vii. Official website of Department of Promotion of Industry and Internal Trade


(DPIIT) i.e.“https://dpiit.gov.in/public-procurements” may be referred by
tenderers for above mentioned orders or any revision issued. Frequently
Asked Question (FAQ) available there may also be referred by tenderers.

4.A.41.2 Bidders sharing a land border with India: Office Memorandum F.No.6/18/2019-
PPD dated 23.07.2020 by Ministry of Finance, Department of Expenditure, Public
Procurement Division shall also apply to this tender. A certificate as per Annexure-I
shall be submitted by all the bidders regarding their compliance with this order.
If such certificate given by a bidder whose bid is accepted is found to be false, this
would be a ground for immediate termination and further legal action in accordance
with law. Registration should be valid at the time of submission of bids and at the time
of acceptance of bids. In respect of supply otherwise than by tender, registration
should be valid at the time of placement of order.

4.A.42 Updation of Labour data on Railway‟s shramikkalyan Portal:

A. Contractor is to abide by the provisions of Payment of Wages Act & Minimum Wages
Act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In
order to ensure the same, an application has been developed and hosted on website
‗www.shramikkalyan.indianrailways.gov.in‘. Contractor shall register his
firm/company etc. and upload requisite details of labour and their payment in this
portal. These details shall be available in public domain. The Registration/updation of
Portal shall be done as under:

(a) Contractor shall apply for one-time registration of his company/firm etc. in the
Shramikkalyan portal with requisite details subsequent to issue of Letter of
Acceptance. Engineer shall approve the contractor‘s registration on the portal
within 7 days of receipt of such request.
(b) Contractor once approved by any Engineer, can create password with login ID
(PAN No.) for subsequent use of portal for all LOAs issued in his favour.
(c) The contractor once registered on the portal, shall provide details of his Letter
of Acceptance (LoA)/Contract Agreements on shramikkalyan portal within 15
days of issue of any LoA for approval of concerned engineer. Engineer shall
update (if required) and approve the details of LoA filled by contractor within
7 days of receipt of such request.
(d) After approval of LOA by Engineer, contractor shall fill the salient details of
contract labours engaged in the contract and ensure updating of each wage
payment to them on shramikkalyan portal on monthly basis.
(e) It shall be mandatory upon the contractor to ensure correct and prompt
uploading of all salient details of engaged contractual labour& payments made
thereof after each wage period.
B. While processing payment of any ‗On Account bill‘ or ‗Final bill‘ or release of
‗Advances‘ or ‗Performance Guarantee / Security deposit‘, contractor shall submit a
certificate to the Engineer or Engineer‘s representatives that ―I have uploaded the
correct details of contract labours engaged in connection with this contract and

Page 62 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
payments made to them during the wage period in Railway‘s Shramikkalyan portal at
‗www.shramikkalyan.indianrailways.gov.in‘ till _________Month, _________ Year.‖

4.A.43. Integrity Pact Program

RailTel has adopted Integrity Pact Program and for implementation thereof all tenders
relating to procurement of OFC, quad cable, pre-fab shelters, electronic equipment and
its installation and/or commissioning etc and other item(s) or activity/activities
proposed to be carried out or required by the Company for the value exceeding Rs. 15
crores at a time including for repair and maintenance of cable/network and any other
items required for special works assigned to RailTel will be covered under the Integrity
Pact Program and the vendors are required to sign the IP document and submit the same
to RailTel before or along with the bids.

a) Only those vendors who have purchased the tender document and signed the IP
document can send their grievances, if any, to the Independent External Monitors
(IEMNs) through the nodal officer, i.e. Chief Vigilance Officer (CVO), RailTel.

Name of IEMs and contact details:

1. Shri. Vinit Kumar Jayaswal


Add: E-34, Brahma Apartments, Plot-7, Sector-7,
Dwarka, New Delhi-110075.
E-Mail: gkvinit@gmail.com
M.No. +91-9871893484

2. Shri. Punati Sridhar


Add: 8C, Block 4, 14-C Cross, MCHS Colony,
HSR 6th Sector, Bangaluru560102
E-Mail: poonatis@gmail.com
M.No. +91-9448105097

Name & contact details of Nodal Officer (IP) in RailTel:


Shri Suresh Kumar
Principal Executive Director/Infra
RailTel Corporation of India Ltd
6th Floor, Office Block Tower-2, NBCC Complex,
East Kidwai Nagar, New Delhi-110023
E-Mail: suresh@railtelindia.com

b) If the order, with total value equal to or more than the threshold value, is split to
more than one vendor and even if the value of PO placed on any/each vendor(s) is
less than the threshold value, IP document having been signed by the vendors at
bid stage itself, the Pact shall continue to be applicable.
c) Bidder of Indian origin shall submit the Integrity Pact (in 2 copies) on a non-judicial
stamp paper of Rs. 100/- duly signed by the person signing the bid. If the bidder is a
partnership or a consortium, the Integrity Pact shall be signed by all the partners or
consortium members.
d) Deleted.
e) The ‗Integrity Pact‘ shall be submitted by the Bidder duly signed in all pages along
with the Bid in a separate envelope, duly superscripted with ‗Integrity Pact‘. Tender
Page 63 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
received without signed copy of the Integrity Pact document will be liable to be
rejected. Proforma for signing the Integrity Pact is available in Chapter-6 (Section-
I) of this tender document (Form No. -13).
f) One copy of the Integrity Pact shall be retained by RailTel and the 2nd copy will be
issued to the representative of the bidders during bid opening. If the Bidders
representative is not present during the Bid opening, the 2nd copy shall be sent to
the bidder by post/courier.
g) The Integrity Pact is applicable in this tender vide CVC circular no. 10/05/09 dated
18/05/09 and revised guideline of CVC circular no. 015/VGL/091 dated 13.01.17 or
the latest updated from time to time shall be followed.

4.A.44 Compliance for procurement of Telecommunication equipment from trusted source

Department of Telecommunication (DOT) notification no. 20-1236/2021-AS-I Dated:


30.03.2021 regarding procurement of Telecommunications equipment from trusted
source shall be applicable to this tender. Tenderer shall obtain certificate from
concerned department of Government of India as defined in above mentioned
notification as defined in above mentioned notification.

4.A.45 Deleted.

4.A.46 Availablity of Spares

4.A.46.1 The Tenderer shall warrant that spare part for the system would be available for
minimum of 8 years from the date of commissioning.

4.A.46.2 Tenderer shall give at least one year advance intimation regarding stoppage of
production of spares for the installed equipment besides ensuring their availability for a
minimum period of 8 years.

4.A.46.3 RailTel shall hold successful bidder responsible for all SLAs mentioned in the RFP and
subsequently in the contract document. However for ensuring the same, Certificates from
OEM and/or authorized vendors/representatives will be produced to confirm the life time
maintenance support (three years warranty & five years AMC) by provisioning of spares.

4.A.47 Testing and Benchmarking

4.A.47.1 All parameters/specifications mentioned in this document will be verified by RailTel in


the presence of authorized representative of the Bidder during testing and
benchmarking.

4.A.47.2 Before start of testing, bidders will install their offered solution (as offered in their
technical bid) in Delhi-Agra section or any other section as decided by RailTel and
offer installation for checking by RailTel.

4.A.47.3 Bidders must ensure that make and model of Hardware & Soft-
ware used should be same as offered in their submitted bids. The same will
be verified by the RailTel representative. No deviation in make and model/version of
Hardware/Software will be accepted. In case of any deviation from bidders offered
solution, bidder will be declared unsuccessful.
Page 64 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.A.47.4 RailTel will certify at the start of testing that the bidder has installed complete solution
as per its offered solution submitted in bid documents clearly mentioning Make &
Model, number of the hardware and make & version of software. RailTel will also
ensure that the setup of bidder‘s solution remain same and intact during complete
testing process.

4.A.47.5 Testing shall be completed by bidder within 30 days from the date of
intimation to bidder. Bidder is required to meet all functional requirements given in
Annexure-III in this document for successful completion of testing & benchmarking. In
case bidder fails either to arrange testing or to meet any functional requirement as per tender
within given timeline, RailTel reserves the right to RE JECT their bid. Extension of testing time
period will be given only in exceptional cases beyond the control of bidder.

4.A.47.6RailTel and authorized representative of Bidder are


required to Jointly sign the report on completion of testing and benchmarking. In
case of refusal to sign the Joint report by bidder, copy of report signed by RailTel
will be sent to the bidder for information only. Final
report for each bidder will be evaluated further for qualifying technically.

4.A.47.7 Financial bids will be opened for those bidders who have successfully completed
the testing and benchmarking and qualified in technical bid.

4.A.47.8 Any additional Software/Hardware required for conducting testing and benchmarking
shall be arranged by the bidder without any cost to the RailTel.

4.A.47.9 All type of charges for above testing shall be bear by the bidder. RailTel shall provide
only rack space and power supply.

(End of chapter- 4A)

Page 65 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
CHAPTER-4B

INSTRUCTIONS TO THE BIDDERS

4.B.0 General

These are the Special Instructions to the Bidders for Tendering.

The RailTel Tenders are published on www.railtelindia.com and on e-Procurement


Portal https://railtel.enivida.com

For E-Tendering bids /information by bidders is to be submitted ―Online‖ on e-


Procurement Portal https://railtel.enivida.com. Any document / information pertaining
to this tender will have to be submitted by the bidder on line. The digital signature of
the tenderer on the e-tender form will be considered as confirmation that the tenderer
has read, understood and accepted all the documents, unless special deviation is quoted
by the tenderer in the technical & commercial deviation templates.

PLEASE NOTEALL COLUMNS SHOULD BE FILLED AND BLANK COLUMNS,


IF ANY, SHOULD BE MARKED AS NIL.

PLEASE READ CAREFULLY ALL THE CLAUSES OF THE TENDER BEFORE


UPLOADING THE TENDER FORM. PLEASE SIGN ON EACH PAGE.

THE TENDERER MAY DOWNLOAD TENDER FORM FROM THE WEB SITE
‗www.railtelindia.com‘ OR FROM THE e-Procurement Portal
https://railtel.enivida.com‘,

NOTE: For online bid submission the tenderer will have to necessarily download an
official online copy of the tender documents from e-Procurement Portal
https://railtel.enivida.com and this should be done well before the deadline for bid-
submission.

4.B.1 Submission of the bid:


The bidder is required to submit the Technical bid and Price bid in eNivida portal
before due date & time of submission of bids specified in this tender document.

4.B.2 Following documents shall be submitted in Technical and Price bid as given below:

(a) “TECHNICAL BID‖; -The bid shall consist of the following:-

1) Offer Letter complete.


2) Signed Copy of Tender Document/ Corrigenda
3) E-receipt of EMD
4) E-receipt of Tender fee.
5) Power of attorney to be submitted in accordance with Clause-4.A.36.5, Chapter-
4A of Tender Document.
6) Indemnity Bond (Form No. 7 of Chapter-6).
7) In case bidder happens to be an eligible MSE, the documentary evidence for
same shall be submitted (clause 4.A.23, chapter-4A).

Page 66 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
8) Specific authorization addressed to RailTel from the OEM (Parent Company) for
Indian Subsidiary or authorized partner i.e.Manufacturer Authorization Form
(Form no. 5 of Chapter-6).

9) Complete technical data and particulars of the equipment offered, as specified in


the Tender document together with descriptive literature, leaflets, Drawings, if
any, complete with list etc.

10) System Performance Guarantee (form no. 2, chapter-6).

11) Acceptance for Long Term Maintenance Support as per Clause 4.A.3.5,
Chapter-4A of Tender Document (form no. 3, chapter-6).

12) Declaration regarding acceptance of clarification issued from DoT (Clause


4.A.17.2, Chapter 4A of Tender Document).

13) Schedule of Requirements with quantities but with prices blanked out (this will be
a replica of price bid with prices blanked out) and detailed unpriced Bill of
Material including break up of common units/cards/backplane/Fan Tray unit etc.
for building up the SOR items for supply.

14) Clause wise compliance to tender conditions as per clause 4.A.25 of Chapter-4A.

15) Documentary proof of qualifying criteria (Clause 4.A.12 of Chapter 4A of Tender


Document)

16) Form no. 4,6,10,11, 12, 13 & 14 of Chapter-6.

17) Form No. 8 & 9 of Chapter-6, if applicable

18) Certificate of Local Contentas per clause 4.A.41.1, Chapter-4A

19) Certificate by bidders sharing a land border with India as per clause 4.A.41.2,
Chapter-4A.
20) Any other document asked in the tender but not listed above.

21) Any Other information desired to be submitted by the tenderer.

22) Un-priced SOR & Un-priced BOM (duly vetted by OEM)

b) “Price Bid” Shall contain

The price bid for ―Schedule of requirements‖ as per Note of Chapter 2 along with ―Bill
of Material‖ (BOM) for each item quoted exactly according to the proforma, as also
submitted along with ―Technical Bid‖. Caculation of Local Content as per
clause4.A.41.1, Chapter-4A.

Note: Non submission of the above-mentioned documents may lead to rejection


of the bid

Page 67 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4.B.3. Fax Quotations & Late Tenders:

Fax Tender documents and Late/Delayed tenders would not be considered.

4.B.4. Attendance of Representatives for Tender Opening:


Representatives of tenderers desirous to attend the tender opening can do so on
production of a proper letter of authority from the respective firm, failing which they
may not be allowed to attend the tender opening.

4.B.5. Addenda / Corrigenda:

Addenda / Corrigenda to the tender documents may be issued by RailTel prior to the
date of opening of the tenders, to clarify or reflect modifications in the contract terms
and conditions or in the design. Such addendum/corrigendum shall be available on
RailTel Website&eNovida portal. Tenderers who are unable or unwilling to bring their
tenders to conform to the requirements of the RailTel are liable to be rejected.

4.B.6 Bid submission and Opening date

1. The bid should be submitted along with Technical & Price bid document (all
documents) in eNivida portal as per date & time given in the Bid Data Sheet (BDS).
2. The tenderer‘s bids will be opened at the time & date of opening of the tender given
in the Bid Data Sheet (BDS) in presence of such Tenderers/ Representatives who
choose to be present.
3. Bids received after due date and time shall be summarily rejected and shall not be
opened.

4.B.7 Submission of offline documents:


Original copy of following documents is needed to be submitted by the bidders offline
before due date & time of submission of bids at RailTel Corporation of India Ltd.,
Institutional area, plot no. 143, Sector 44, Gurugram, Haryana. The packet containing
the original copies should be sealed by the personal seal of the bidder. The envelop
shall bear name of work, the tender no. and the words "DO NOT OPEN Before" (-due
date and time -).

a. Power of Attorney.
b. Original copies of Form No. 2 (System Performance Guarantee), Form No, 3
(Performa for Long Term Maintenance Support), Form No. 5 ( Manufacturer
Authorization Form), Form No. 7 (Standing Indemnity Bond), Form no. 8
(Affidavit), Form no. 9 (Consortium agreement), Form No. 10 (Joint venture
agreement), Form no. 11 (Affidavit) and 2 original copies of Form no. 13
(Integrity Pact).

4.B.8 Clarification Requests:


The written queries/ clarification request may be sent to RailTel‘s office through e-mail
to ravi_viswakarma@railtelindia.com with copy to puru@railtelindia.com and
suresh@railtelindia.com (in pdf & excel format) or by post latest by the date as
indicated in the Bid Data sheet (BDS). Reply of relevant clarifications sought will be

Page 68 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
uploaded in eNivida portal. Clarifications sought shall be submitted in the following
format:
Queries/Clarifications from M/s -------
SN Clause no. Page Sub- Content of the Points of Remarks
& Chapter no. clause no./ clause requires clarification
no. Point no. clarification required

Suggestions from M/s-------


SN Clause no. Page Sub- Suggestions Advantage Price
& Chapter no. clause no./ implication
no. Point no.

(End of Chapter- 4B)

Page 69 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
CHAPTER-4C

E-tendering Instructions to Bidders


4.C.0 GENERAL:

These Special Instructions (for e-Tendering) supplement ‗Instruction to Bidders‘, as


given in Chapter- 4B of the Tender Document. Submission of Bids only through online
process is mandatory for this Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent


and secured manner. Now, the Government of India has made e-tendering mandatory.
Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement.
For conducting electronic tendering, RailTel has decided to use the portal
https://railtel.enivida.com. Bidder Enrolment can be done using "Online Bidder
Enrolment‖.
The instructions given below are meant to assist the bidders in registering on the e-
tender Portal, and submitting their bid online on the e-tendering portal as per uploaded
bid. More information for submitting online bids on the eNivida Portal may be
obtained at: https://railtel.enivida.com

4.C.1 GUIDELINES FOR REGISTRATION:


1. Bidders are required to enroll on the e-Procurement Portal:
https://railtel.enivida.com/bidderRegistration/newRegistration or click on the link
“Bidder Enrolment ‖ available on the home page of e-tender Portal by paying the
Registration fee of Rs.2000/-+Applicable GST.

2. As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for theiraccount.

3. Bidders are advised to register their valid email address and mobile numbers as part of
the registration process. These would be used for any communication with thebidders.

4. Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate(Only Class III Certificates with signing + encryption key usage) issued
by any Certifying Authority recognized by CCA India (e.g.Sify / TCS / nCode /
eMudhra etc.) with their profile.

5. Only valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC‘s to others which may lead
tomisuse.

6. Bidder then logs in to the site through the secured log-in by entering their user ID
/password and the password of the DSC /e-Token.

7. The scanned copies of all original documents should be uploaded in pdf format on e-
tender portal.

Page 70 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
8. After completion of registration payment, bidders need to send their acknowledgement
copy on our help desk mail id eprocurement@railtelindia.com for activation of
account.

4.C.2 SEARCHING FOR TENDER DOCUMENTS:

1. There are various search options built in the e-tender Portal, to facilitate bidders to
search active tenders by severalparameters.

2. Once the bidders have selected the tenders they are interested in, bidderscan pay the
Tender fee and processing fee (NOT REFUNDABLE) by net-banking / Debit / Credit
card then biddermay download the required documents / tender schedules, Bid
documents etc. Once bidderpay both fee tenders will be moved to the respective
‗requested‘ Tab. This would enable the e- tender Portal to intimate the bidders through
SMS / e-mail in case there is any corrigendum issued to the tenderdocument.
4.C.3 PREPARATION OF BIDS:

1. Bidder should take into account any corrigendum published on the tender document
before submitting theirbid.

2. Please go through the tender noticeand the tender document carefully to understand
the documents required to be submitted as part of thebid.

3. Bidder, in advance, should get ready the bid documents to be submitted as indicated in
the tender document / schedule and generally, they can be in PDF formats. Bid
Original documents may be scanned with 100 dpi with Colouroption, which helps in
reducing size of the scanneddocument.

4. To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading
such standard documents (e.g. PAN card copy, GST, Annual reports, auditor
certificates etc.) has been provided to the bidders. Bidders can use ―My Documents‖
available to them to upload suchdocuments.

5. These documents may be directly submitted from the ―My Documents‖ area while
submitting a bid, and need not be uploaded again and again. This will lead to a
reduction in the time required for bid submissionprocess. Already uploaded
documents in this section will be displayed. Click ―New‖ to upload new documents.

4.C.4 SUBMISSION OF BIDS:

1. Bidder should log into the website well in advance for the submission of the bid so
that it gets uploaded well in time i.e.on or before the bid submission time. Bidder will
be responsible for any delay due to otherissues.

2. The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document as a token of acceptance of the terms and conditions
Page 71 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
laid down by RailTel.

3. Bidder has to select the payment option as ―e-payment‖ to pay the tender fee / EMD
as applicable and enter details of theinstrument.

4. Bidders are requested to note that they should necessarily submit their financial bids
in the format provided and no other format is acceptable. If the price bid has been
given as a standard BOQ format with the tender document, then the same is to be
downloaded and to be filled by all the bidders. Bidders are required to download the
BOQ file, open it and complete the white Colored (unprotected) cells with their
respective financial quotes and other details (such as name of the bidder). No other
cells should be changed. Once the details have been completed, the bidder should save
it and submit it online, without changing the filename. If the BOQ file is found to be
modified by the bidder, the bid will berejected.

5. The server time (which is displayed on the bidders‘ dashboard) will be considered as
the standard time for referencing the deadlines for submission of the bids by the
bidders, opening of bids etc. The bidders should follow this time during
bidsubmission.

6. The uploaded tender documents become readable only after the tender opening by the
authorized bidopeners.

7. Upon the successful and timely submission of bid click ―Complete‖(i.e. after Clicking
―Submit‖ in the portal), the portal will give a successful Tender submission
acknowledgement & a bid summary will be displayed with the unique id and date &
time of submission of the bid with all other relevant details.

8. The tender summary has to be printed and kept as an acknowledgement of the


submission of the tender. This acknowledgement may be used as an entry pass for any
bid opening meetings.
Note: Bidder has to submit all required document online only. Original copy is needed
to be submitted by the successful bidder before issuance of LOA/PO.

4.C.5 For any clarification in using eNivida Portal:

1. Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the
relevant contact person indicated in the tender.

2. Any queries relating to the process of online bid submission or queries relating to e-
tender Portal in general may be directed to the Helpdesk Support.

Please feel free to contact eNivida Helpdesk (as given below) for any query related to
e-tendering.
Phone No. 011-49606060/8448288988, EMail id: eprocurement@railtelindia.com
(End of Chapter- 4C)
Page 72 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
CHAPTER- 5
BID DATA SHEET (BDS)

The section consists of provisions that are specific to various Clauses of the tender document.

Clause Description
Clause A.A.1.2, Validity of offer
Chapter-4A 120 days from the date of opening of tender including date of opening.
Warranty
Clause 4.A.2.1, 36 months from the date of issue of PAC (12 months from the date of issue of
Chapter-4A PAC and 24 months from the date of issue of FAC).

Clause 4.A.3.1, Long Term Maintenance Support (AMC)


Chapter-4A 5 Years from the date of completion of Warranty.

Clause 4.A.4, Delivery, installation, Commissioning & Integration period


Chapter-4A 180 days from date of issue of LOA/Purchase Order.
Performance Bank Guarantee (Security Deposit)
Clause 4.A.6, Performance Bank Guarantee of 10% of total value of the LOA/PO is required
Chapter-4A to be submitted within 30 days of issue of LOA/PO.Validity of this shall be 4
months beyond warranty period.
Clause 4.A.12,
Qualifying Criteria
Chapter-4A
Purchaser‟s Right to Vary Quantities
(A) Upto maximum extent of +/- 50% subject to following condition
i. Upto +25% with no rebate.
Clause 4.A.18.1,
ii. From +25% to +40% with 2% rebate
Chapter-4A
iii. From +40% to +50% with 4% rebate
(B) For variation beyond +50% of the quantity mentioned in the SOR may
be done after proper negotiation with the selected bidder.

Clause 4.A.22.1, Earnest Money Deposit (EMD)/ Bid Security


Chapter-4A Rs. 25 Lakhs

Clause 4.B.8, Last date of submission of queries/ clarification request:


Chapter-4B Date: 02.08.2023

Last date & time of submission of offer (Online)


Tender Notice
Date: 21.08.2023 and Time: 15:00 hours

Date & time of Opening of Tender (Online)


Clause 4.A.37.1,
Date: 21.08.2023 and Time:15:30 hours
Chapter-4A

Note: If the details given in BDS contradict with referred clause in the detailed tender document,
the details in BDS will have overriding priority over the referred clause in the tender document.
(End of Chapter- 5)
Page 73 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
CHAPTER- 6

Form No. 1
PROFORMA FOR PERFORMANCE BANK GUARANTEE
PERFORMANCE BANK GAURANTEE BOND
(On Stamp Paper of Rs one hundred)
(To be used by approved Scheduled Banks)

1. In consideration of the RailTel Corporation of India Limited., Plate-A, 6th Floor,


Office Tower-2, NBCC Building, East Kidwai Nagar, New Delhi-110023 (Herein after
called RailTel) having agreed to exempt
………………………………………………………………(Hereinafter called ―the
said Contractor(s)‖) from the demand, under the terms and conditions of an Agreement
No.………………………………dated……………made
between……………………………and……………………………………….. for
(hereinafter called ― the said Agreement‖) of security deposit for the due fulfillment by
the said Contractor (s) of the terms and conditions contained in the said Agreement, on
production of a Bank Guarantee for Rs. ……………………….(Rs .………….. only).
We ……………………………… (indicate the name of the Bank) hereinafter referred
to as ―the Bank‖) at the request of ……………. ……………. Contractor(s) do hereby
undertake to pay the RailTel an amount not exceeding Rs. ……………. against any
loss or damage caused to or suffered or would be caused to or suffered by the RailTel
by reason of any breach by the said Contractor(s) of any of the terms or conditions
contained in the said Agreement.

2. We , ……………………………………………………………. Bank and our local


branch at New Delhi (indicate detail address of local New Delhi branch with code no.)
do hereby undertake to pay the amounts due and payable under this Guarantee without
any demur, merely on demand from the RailTel stating that the amount is claimed is
due by way of loss or damage caused to or would be caused to or suffered by the
RailTel by reason of breach by the said Contractor(s) of any of terms or conditions
contained in the said Agreement or by reason of the Contractor(s) failure to perform
the said Agreement. Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding Rs .
………………………

3. We, ……………………………………….. bank undertake to pay to the RailTel any


money so demanded notwithstanding any dispute or disputes raised by the
Contractor(s) / Tenderer(s) in any suit or proceedings pending before any court or
Tribunal relating thereto our liability under this present being, absolute and
unequivocal. The payment so made by us under this Bond shall be a valid discharge of
our liability for payment there under and the Contractor(s) / Tenderer(s) shall have no
claim against us for making such payment.

4. We, …………………………………………. Bank further agree that the Guarantee


herein contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to be
enforceable till all the dues of the RailTel under or by virtue of the said Agreement
have been fully paid and its claims satisfied or discharged or till RailTel certifies that
Page 74 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
the terms and conditions of the said Agreement have been fully and properly carried
out by the said Contractor(s) and accordingly discharges this Guarantee. Unless a
demand or claim under the Guarantee is made on us in writing on or before the …….
………… We shall be discharged from all liability under this Guarantee thereafter.

5. We,…………………………………………… (indicate the name of Bank) further


agree with the RailTel that the RailTel 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 Agreement or to extend time of to postpone for any time or from
time to time any of the powers exercisable by the RailTel against the said contractor(s)
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any such
variation, or extension to the said Contractor(s) or for any forbearance, act or omission
on the part of RailTel or any indulgence by the RailTel to the said Contractor(s) or by
any such matter or thing whatsoever which under the law relating to sureties would,
but for this provision, have affect of so relieving us.

This Guarantee will not be discharged due to the change in the Constitution of the
Bank or the Contractor(s) / Tenderer(s).

We, the ……………………………………… Bank further agree that this guarantee


shall be invokable at our place of business at ………………………/New Delhi
(indicate detailed address of local New Delhi Branch with code no.). The branch at
New delhi is being advised accordingly.

(indicate the name of Bank) lastly undertake not to revoke this Guarantee during its
currency except with the previous consent of the RailTel in writing.

Dated the day of ,2023

for ………………………………………………..
(indicate the name of the Bank)
Witness

1. Signature
Name

2. Signature
Name

Page 75 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 2

PROFORMA FOR THE SYSTEM PERFORMANCE GUARANTEE


(On Stamp Paper of Rs. one hundred)

The Principal Executive Director/Infra,


RailTel Corporation of India Limited

I / We …………………………………………………………………. hereby
guarantee that the design on the basis of which we have submitted our tender no.
………………………………… has been carefully made to conform to the end
objectives in the tender documents and to technical specification therein. We further
guarantee that in the event of the performance of the system, when installed, not
complying with the end objectives or with the specifications contained in the tender
documents, we shall provide further inputs to enable the RailTel to realize the end
objectives contained in these documents without any additional payment for any
additional equipment which may be required in this regard. We further guarantee that
all the expenses for providing the additional inputs under the System Guarantee will be
borne by us. We further guarantee that these additional inputs will be provided by us
to make the system workable within 1 month from the date on which this guarantee is
invoked by the Purchaser. The guarantee is valid for a period of one year from the date
of commissioning of the system.

(Signature of Firm‘s Authorized Officer)


Seal

Signature of witness:

1. …………………….

2. …………………….

Page 76 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 3

PROFORMA FOR THE LONG TERM MAINTENANCE SUPPORT


(To be signed O.E.M. on their respective Letter Head)

To

Principal Executive Director/Infra


RailTel Corporation of India Limited,
Plate-A, 6th Floor, Office Tower-2,
NBCC Building, East Kidwai Nagar,
New Delhi-110023

Applicable for OEM directly participating in the tender

I / We …………………………………………………………………. hereby confirm that we


have read specifications & tender conditions of RailTel Tender No.
…………………………..and accept that the requirement of Long Term Maintenance Support
as per Clause 4.A.3 of Chapter-4A shall be met by us directly or through our subsidiary
in India as per rates quoted in the Price Bid. I / We shall provide services as per terms and
conditions pertaining to Long Term Maintenance Support of tender document.

Or

Applicable for Authorized representative of OEM participating in the tender (To be


signed by OEM)

I / We …………………………………………………………………. hereby confirm that we


have read specifications & tender conditions of RailTel Tender No.
…………………………..and accept that the requirement of Long Term Maintenance Support
as per Clause 4.A.3 of Chapter-4A shall be met by Authorized Distributor/Partner of
OEM. However, if Authorized Distributor/Partnerfails to fulfil the support obligation due
to any un-foreseen circumstances, the same shall be provided by us directly or through
our subsidiary in India or through authorized Indian representative for the
mentioned/remaining period at the quoted prices by the bidder. I/We have gone through
the requirement mentioned in the Tender Document and shall provide services as per
terms and conditions pertaining to Long Term Maintenance Support of tender document.

(Signature of OEM‘s Authorized Officer)


Seal

Signature of witness:

1. …………………

2. ………………….

Note:Submission of above format is mandatory and required to be submitted by both


OEM and Bidder separately on their respective letter heads. Any deviation / non
acceptance may lead to rejection of the bid.

Page 77 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 4

CHECKLIST OF ESSENTIAL DOCUMENTATION/ACTIVITY

Note: Tenderer is required to submit offer as per following check list by giving page no. of
submitted documents

SN Item/Clause of Tender Document Details/Remarks

1 Signed Copy of Tender Document/ Corrigenda


2 EMD & Cost of Tender document
Offer Letter duly signed by authorized signatory
3
(Chapter -1 of Tender Document)
Bidder should have authorization specific to this tender from
4 respective OEM as per Form no. 5 of Chapter-6.
(Point-6, Clause 4.A.12.2, Chapter- 4A of Tender Document)
Power of Attorney to Signing the Bid & Board resolution
5
(Clause 4.A.36, Chapter- 4A of Tender Document)
Clause wise compliance (Clause 4.A.25.1 and 4.A.25.2 of
6
Chapter-4A)
Declaration regarding acceptance of clarification issued from
DoT for Latest Security Clause which includes sign of
7 Agreement between RailTel & Vendor/OEM
(Clause 4.A.17.2, Chapter- 4A of Tender Document)

Documentary proof for qualifying criteria


8
(Clause 4.A.12, Chapter 4A of Tender Document)
Complete technical data and particulars of the equipment
offered, as specified in the Tender papers together with
9
descriptive literature, leaflets, Drawings, if any, complete with
list etc.
Form no. 2 (System Performance Guarantee)
10
(Clause 4.A.15.2 Chapter-4A of Tender Document)
Form no. 3 (Undertaking for Long Term Maintenance
11 Supportfrom OEM) (Clause 4.A.3, Chapter-4A of Tender
Document)
12 Form No. 6 of Chapter-6- RTGS Payment
13 Form No. 7 of Chapter-6- Indemnity Bond.
14 Form No. 8, 9 & 10 of Chapter-6, if applicable
Form No. 11 of Chapter-6- Affidavit as per clause 4.A.12 of
15
Chapter- 4A
Form No. 12 of Chapter-6 (Nil Deviation Component
16
Compliance)
17 Form no. 13 of Chapter-6- Integrity Pact

Page 78 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
SN Item/Clause of Tender Document Details/Remarks

18 Form no. 14 of Chapter-6- No Malicious Code


Schedule of Requirements (SOR) with quantities but with
prices blanked out (this will be a replica of price bid with
19 prices blanked out) and detailed unpriced Bill of Material
including break up of common units/cards/backplane/SFP/Fan
Tray unit etc. for building up the SOR items for supply.
Certificate of Local Content as per clause 4.A.41.1 of Chapter-
20
4A (without calculation sheet)
Annexure-I: Certificate by bidders sharing a land border with
21
India as per clause 4.A.41.2 of Chapter-4A
Certificate of MSME, if applicable as per clause 4.A.23 of
22
Chapter-4A
Document uploaded along with Financial Bid/Price Bid Only.
1 Price Bid for Schedule of Requirements as per Chapter-2
Unit rate analysis of each SOR item with break-up of
2 taxes/duties as per proforma attached as Annexure- A and B of
Chapter-2
3 Bill of Material (BOM) with prices of each module/cards etc.
Calculation sheet of Local Content as as per clause 4.A.41.1 of
4
Chapter-4A

Note:
i. All document need to be submitted online only. Original documents as mentioned in
Clause 4.B.7 of Chapter-4B are needed to be submitted by the bidders before due
date and time of bid submissio.

ii. Document submitted along with technical bid should not include any prices, if
found so, the bid may liable to be rejected.

Page 79 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
DETAILS OF OFFERED EQUIPMENT AGAINST SCHEDULE-A:

Data Sheet Placed


SN SOR Item no. Item Description Make Model
at Page No. of Bid

1
2
3
4
---

DETAILS OF CREDENTIALS SUBMITTED AGAINST ELIGIBILITY CRITERIA OF BIDDER:

SN Clause no. Supporting documents Details/Remarks (PO no. & date, Page no of
user certificate no. & date etc.) the Bid
1

---

DETAILS OF CREDENTIALS SUBMITTED AGAINST ELIGIBILITY CRITERIA OF OEM:

SN Clause no. Supporting documents Details/Remarks (PO no. & date, Page no of
user certificate no. & date etc.) the Bid
1

---

Note: Non submission/ non-compliance of above documents as detailed in above Check List will
make the offer liable to be rejected.

Page 80 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 5

Manufacturer Authorisation form (MAF)

Principal Executive Director/Infra


RailTel Corporation of India Limited,
Plate-A, 6th Floor, Office Tower-2,
NBCC Building, East Kidwai Nagar,
New Delhi-110023
Dated:___________

Subject: Manufacturer Authorisation form (MAF) to M/s …………… for


……………………
Ref: Tender No…….……………..dated……………….

Dear Sir,
We, M/s……………, are established and reputed manufacturer and service provider of
……………….(Product details), having our registered office at
…………………………………………………………………………..
We hereby authorise M/s …………………….. (bidder name), Office
…………………………………………………. to participate in bid and subsequently upon
award of the bid to execute --------(Name of work) & AMC of our range of products against
your above said bid.

We further extend our warranty for three years for our range of products offered by M/s
………………. against the above-said bid.

Thanking you,
Best regards,

Authorised Signatory of OEM

Page 81 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 6

Format for instruction to be provided by vendor/contractor for RTGS payment to be made


to them by RailTel against tenders.

Date:
To
M/s. RailTel Corporation of India Ltd.
Plate-A, 6th Floor, Office Tower-2,
NBCC Building, East Kidwai Nagar,
New Delhi-110023.

Dear Sir,

Re: Option for payment of our bills/dues relating to tenders floated by RailTel.

Kindly refer to tender no.__________________________________ dated __________


Which was awarded /participated to / by our company as per your award letter no. _______
dated ______________ .Against the above PO/LOA participated/awarded to us, we authorize
you make payment of dues/bills to us in RTGS/EFT mode against the particulars mentioned
below:

1. Name of the agency as given in Bank account


2. Name of the Bank
3. Bank Branch & address
4. Bank account no.
5. Bank account type (savings / current/Over Draft)
6. IFSC code
7. NEFT Code
8. Agency‘s Address
9. Agency‘s telephone & mobile no.
10. GST Registration Details.

We also enclose herewith a copy of canceled cheque of the above mentioned bank account for
verification of particulars.

I hereby declare that the above particulars given above are correct and complete.

Encl: As above.

(Sign & Seal of the Vendor)

Certified that the particulars furnished at item no. 1 to 6 above are correct as per our
records.

Signature of Authorized
Official from the bank.
Page 82 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 7
STANDING INDEMNITY BOND
(For on Account Payments and Stores supplied by RailTel)
(On Stamp Paper of Rs one hundred)

We, M/s ______________________________ hereby undertake that we hold at our Stores


Depot/s at _______________________ for and on behalf of RailTel Corporation of India
Limited in the premises through ED/RGM/RailTel/------------- Region or his successor
hereinafter referred to as ―the Purchaser‖ all materials for which ‗On Account‘ payments have
been made to us against the Contract for
_______________________________________________vide letter of Acceptance/PO of
Tender No. ____________________________________________________ and the materials
handed over to us by the Purchaser for all purpose of execution of the said Contract, until such
time the materials are duly erected or otherwise handed over to him.

We shall be entirely responsible for the safe custody and protection of said materials against all
risk till they are duly delivered as erected equipment to the purchaser or as he may direct
otherwise and shall indemnify the Purchaser against any loss, damage or deterioration
whatsoever in respect of the said materials while in our possession and against disposal of
surplus materials. The said materials shall at all times be open to inspection by any engineer
authorized by the Regional General Manager (RGM)/Executive Director (ED) -------------
Region (whose address will be intimated in due course).

Should any loss, damage or deterioration of materials occur or surplus materials disposed off
and refund becomes due, the purchaser shall be entitled to recover from us the full cost as per
prices included in the Contract (as applicable) and also compensation for such loss or damage, if
any, along with the amount to be refunded without prejudice to any other remedies available to
him by deduction from any sum due or any sum which at any time hereafter becomes due to us
under the said or any other Contract.

In the event of any loss, damage or deterioration as aforesaid the assessment of such loss or
damage and the assessment of such compensation therefore would be made by the
RGM/ED/RailTel/---------Region, or his authorized nominee and the said assessments shall be
final and binding upon us.

Dated this ______________________ day of _____________,2023

for and on behalf of M/s


______________________ (Contractor)
Signature of witness
Name and witness in Block letters
Address

Page 83 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 8
AFFIDAVIT
(To be given separately by each Consortium/Joint Venture Member of the Bidder on Stamp
Paper of appropriate value)
I,___________ S/o______________________, Resident of_____________________,
the ________________ [insert designation] of the [insert name of single bidder /
Consortium/Joint Venture member if Consortium/Joint Venture] do sole mnlyaffirm
and state as follows:

1. I say that I am the authorized signatory of [insert name of Company/Consortium/Joint


Venture member (here in after referred to as
―Bidder/Consortium/JointVentureMember‖) and I am duly authorized by the Board of
Directors of the Bidder/Consortium/JointVenture Member to swear and depose this
Affidaviton behalfoftheBidder/Consortium/JointVentureMember.

2. I say that I have submitted information with respect to our eligibility for RailTel
Corporation of India Ltd. (herein after referred to as ―RailTel‖)(NAME OF WORK)
(hereinafter referred to as ―Project‖) Request for Proposal (‗RFP‘) document and I
further state that all the said information submitted by us is accurate, true and correct
and is based on our records available with us.

3. I say that, wehere by also authorize and request any bank, authority, personor firm to
furnish any information, which may be requested by RailTel to verify our credentials
/information provided by us under this tender and as may be deemed necessary by
RailTel.

4. I say that if at any point of time including the extension period, incase RailTel requests
any further/additional information regarding our financial and/or technical capabilities,
or any other relevant information, we shall promptly and immediately make available
such information accurately and correctly to the satisfaction of RailTel.

5. I say that, we fully acknowledge and understand that furnishing of any false or
misleading information by us in our RFP shall entitle us to be disqualified from the
tendering process for the said Project.The costs and risks for such disqualification
shall be entirely borne by us.

6. I state that all the terms and conditions of the Request for Proposal (RFP) Document has
been duly complied with.

DEPONENT

VERIFICATION

I, the above-named deponent, do very that the contents of paragraphs 1 to 6 of this


affidavit are true and correct to my own knowledge. No part of it is false and nothing
material has been concealed. Verified at ______________, on this __________ day of
_______________,2023.

DEPONENT
Page 84 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 9

CONSORTIUMAGREEMENT/MEMORANDUMOFAGREEMENT
(On Stamp Paper of Rs one hundred)

This Consortium Agreement is executed at __________on this ______day of 2023

BETWEEN

M/s______________________, a company incorporated under the Companies Act, 1956


and having its Registered Office at ______________________________acting through
its Managing Director, duly authorized by a resolution of the Board of Directors
dated______________(hereinafter referred to as the ‗LEAD MEMBER‘ which
expression unless executed by or repugnant to the subject or context be deemed to mean
and include its successors in interest, legal representatives, administrations, nominees and
assigns) of the ONE Part;
AND

M/s______________, a Company having its Office at and Office at _ _ _ _ _ _ _ ,


acting through its Joint President/ MD/..,,duly authorized by are solution of the Board of
Directors dated (hereinafter referred to as the (‗Participant member‘) which expression
unless excluded by or repugnant to the subject or context be deemed to mean and include
its success or sin interest legal representatives, administrators, nominees and assigns) of
the OTHER PART‘

AND

M/s., a Company having its Office at and Office at ________________,


acting through its Joint President/ MD/..,, duly authorized by are solution of the Board of
Directors dated (hereinafter referred to as the (‗Participant member‘) which expression
unless excluded by or repugnant to the subject or context be deemed to mean and include
it success or sin interest legal representatives, administrators, nominees and assigns) of
the OTHER PART‘

Whereas RailTel Corporation of India Ltd. (hereinafter referred to as ‗RailTel‘) has


invited tenders for the “(NAME OF WORK)‖ in terms of the tender documents issued
for the said purpose and the eligibility conditions required that the applicants bidding for
the same should meet the conditions stipulated by RailTel for participating in the bid by
the Consortium for handling the project for which the tender has been floated by RailTel.

AND WHEREAS in terms of the bid documents the parties jointly satisfy the eligibility
criteria laid down for a bidder for participating in the bid process by forming a
Consortium between themselves.

AND WHEREAS the parties here to have discussed and agreed to form a Consortium for
participating in the aforesaid bid and have decided to reduce the agreed terms to writing.

NOW THIS CONSORTIUM Agreement here by WITNESSES:

1. That in the premises contained herein the Lead Member andthe Participant Member
Page 85 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
having decided to pool their technical know-how, working experiences and financial
resources, have formed themselves into a Consortium to participating the tender process
for―(NAME OF WORK)‖in terms of the tender invited by RailTel Corporation of India
Ltd.(RailTel).

2. That the members of the Consortium have represented and assured each other that they
shall abide by and be bound by the terms and conditions stipulated by RailTel for
awarding the tender to the Consortium so that the Consortium may take up the
aforesaid―(NAME OF WORK)l‖ in case the Consortium turns out to be the successful
bidder in the bid being invited by RailTel for the said purpose.

3. That the members of the Consortium have satisfied themselves that by pooling their
technical know-how and technical and financial resources, the Consortium fulfills the
prequalification/ eligibility criteria stipulated for a bidder, to participate in the bid for the
said tender process for―(NAME OF WORK)―

4. That the Consortium have agreed to nominate any one of________, ________ and______
as the common representative who shall be authorized to represent the Consortium for all
intents and purposes for dealing with the Government and for submitting the bid as well as
doing all other acts and things necessary for submission of bid documents such as Tender
Application Form etc., Mandatory Information, Financial Bid. Etc. and such other
documents as maybe necessary for this purpose.

5. That if any change in the membership of the Consortium be required to be made by the
members of the Consortium, the same shall be done with the consent of RailTel subject to
the conditions as maybe stipulated by them in this regard.

6. That in case to meet the requirements of bid documents or any other stipulations of
RailTel, it becomes necessary to execute and record any other documents amongst the
members of the Consortium, they undertake to do the needful and to participate in the
same for the purpose of the said project.

7. That it is clarified by and between the members of the Consortium that execution to this
Consortium Agreement by the members of the Consortium does not constitute any type
of partnership for the purposes of provisions of the Indian Partnership Act and that the
members of the Consortium shall otherwise be free to carry on their independent business
or commercial activities for their own respective benefits under their own respective
names and styles. This Consortium Agreement is limited in its operation of the specified
project.

8. That the Members of the Consortium under take to specify their respective roles and
responsibilities for the purposes of implementation of this Consortium Agreement and the
said project, if awarded to the Consortium, to meet the requirements and stipulations of
RailTel.

9. The consortium formed will not be subject to alteration with regard to change in
constituting firms and/or reorientation of roles. Any changes, if proposed by Consortium
to take advantage of certain developments during evaluation stage will render the bid
liable to be rejected.

10. All partners of the consortium shall be jointly and severally liable to RailTel for the
Page 86 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
execution of the entire contract in accordance with its terms.

11. Each Consortium member has minimum 20% contribution in the work and role/scope of
each member is enclosed.

12. Power of Attorney by all members of the Consortium in favor of the Lead Member is also
enclosed.

IN FAITH AND TESTIMONY WHEREOF, THE PARTIES HERE TO HAVE SIGNED


THESE PRESENTS OF THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN.

1. (__________________) 2. (__________________) 3. (_________________)

Managing Director Managing Director Managing Director

(___________________) (__________________) (__________________)


For (Name of company) For (Name of company) For (Name of company)

WITNESSES:

1._______________________

2._______________________

Enclosure:
Board resolution of each of the Consortium Members authorizing:
(i)Execution of the Consortium Agreement, and
(ii)Appointing the authorized signatory for such purpose.

Page 87 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 10

JOINT VENTURE AGREEMENT/ MEMORANDUM OF AGREEMENT


(On Stamp Paper of Rs one hundred)

This Joint Venture Agreement/Memorandum of Agreement is executed at_____on this


day of ,2023.
BETWEEN

M/s_____________ ,a company incorporated under the Companies Act, 1956 and having
its Registered Office at ___________________acting through its Managing Director,
______________________duly authorized by a resolution of the Board of Directors
dated______________(hereinafter referred to as the ‗LEAD MEMBER‘ which expression
unless executed by or repugmant to the subject or context be deemed to mean and include
its successors in interest, legal representatives, administrations, nominees and assigns) of
the ONE Part;

AND

M/s_______________,a Company in corporate under the Companies Act,1956 and having


its Registered Office at ______________________and office at________________ ,acting
through its JointPresident, duly authorized by a resolution of the Board of Directors dated
(hereinafter referred to as the (‗Participant member‘)which expression unless excluded by
or repugnant to the subject or context be deemed to mean and include it ssuccessors
ininterest, legal representatives, administrators, nominees and assigns) of the
OTHERPART‘

AND

M/s._______,a Company incorporated under the Companies Act, 1956 and having its
Registered Office at _______ and Office at ______ , acting through its JointPresident,
duly authorized by a resolution of the Board of Directors dated (hereinafter referred to as
the(‗Participant member‘)which expression unless excluded by or repugnant to the subject
or context be deemed to mean and include it ssuccessors ininterest, legal representatives,
administrators, nominees and assigns) of the OTHERPART‘

Where as RailTel Corporation of India Ltd. (hereinafter referred to as ‗RailTel‘) has


invited tenders for the ―(NAME OF WORK)‖ in terms of the tender documents issued for
the said purpose and the eligibility conditions required that the applicants bidding for the
same should meet the conditions stipulated by RailTel for participating in the bid by the
Joint Venture for handling the project for which the tender has been floated by RailTel.

AND WHEREAS in terms of the bid documents the parties jointly satisfy the eligibility
criteria laid down for a bidder for participating in the bid process by forming a Joint
Venture between themselves.

AND WHEREAS the parties here to have discussed and agreed to form a Joint Venture
for participating in the afore said bid and have decided to reduce the agreed terms to
writing. NOW THIS JOINT VENTURE AGREEMENT/Memorandum of Agreement
here by WITNESSES:

Page 88 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
1. That in the premises contained herein the Lead Member and the Participant Member
having decided to pool their technical know-how, working experiences and financial
resources, have formed themselves into a Joint Venture to participate in the tender process
for ―(NAMEOFWORK)‖ in terms of the tender invited by RailTel Corporation of India
Ltd.(RailTel).

2. That the members of the Joint Venture have represented and assured each other that they
shall abide by and be bound by the terms and conditions stipulated by RailTel for
awarding the tender to the Joint Venture so that the Joint Venture may take up the
aforesaid ―(NAMEOFWORK)‖ in case the Joint Venture turns out to be the successful
bidder in the bid being invited by RailTel for the said purpose.

3. That the members of the Joint Venture have satisfied themselves that by pooling their
technical know-how and technical and financial resources, the Joint Venture fulfillsthe
prequalification/eligibility criteria stipulated for a bidder, to participate in the bid for the
said tender process for ―(NAMEOF WORK)‖

4. That the Joint Venture have agreed to nominate anyone of, and Asthe common
representative who shall be authorized to represent the Joint Venture for all intents and
purposes for dealing with the Government and for submitting the bid as well as doing all
other acts and things necessary for submission of bid documents such as Tender
Application Form etc., Mandatory Information, Financial Bid. Etc. and such other
documents as may be necessary for this purpose.

5. That the share holdingof the members of the Joint Venture for this specified purpose shall
be as follows:

(i) The Lead Member shall have percent (%) of share Holding/participationwith
reference to the Joint Venture for this specified project.

(ii) The Participant Member shall havepercent (%) of share holding/participation with
reference to the Joint Venture for this specified project.

(iii) The Participant Member shall have percent (%) of share holding/participation with
reference to the Joint Venture for this specified project.

6. That in order to fulfill the requirement of the tender process and also keep an altogether
separate legal entity of the Joint Venture, the Members of the Joint Venture undertake to
provide their own nominees as share holdersto the extent of their respectiveshare
holdingfor the purpose of formation of a Special Purpose Company (SPC) through which
the Joint Venture proposes to undertake the of RailTel.

7. That if any change in the membership of the Joint Venture be required to be made by the
members of the Joint Venture, the same shall be done with the consent of RailTel subject
to the conditions as may be stipulated by them in this regard.

8. That in case to meet the requirements of bid documents or any other stipulations of
RailTel, it becomes necessary to execute and record any other documents amongst the
members of the Joint Venture, they undertake to do the needful and to participate in the
same for the purpose of the said project.

Page 89 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
9. That it is clarified by and between the members of the Joint Venture that execution to this
Joint Venture Agreement/Memorandum of Agreement by the members of the Joint
Venture does not constitute any type of partnership for the purposes of provisions of the
Indian Partnership Act and that the members of the Joint Venture shall otherwise be free
to carry on their independent business or commercial activities for their own respective
benefits under their own respective names and styles. This Joint Venture Agreement is
limited in its operation to the specified project.

10. That the Members of the Joint Venture undertake to specify their respective role sand
responsibilities for the purposes of implementation of this Joint Venture Agreement and
the said project if awarded to the Joint Venture in the Memorandum &Articles of
Association of the proposed Special Purpose Company to be got incorporated by the Joint
Venture Members to meet the requirements and stipulations of RailTel.

IN FAITH AND TESTIMONY WHERE OF,THEPARTIES HERE TO HAVE SIGNED


THESE PRESENTS OF THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN.

1. (__________________) 2. (__________________) 3. (_________________)

Managing Director Managing Director Managing Director

(___________________) (__________________) (__________________)


For (Name of company) For (Name of company) For (Name of company)

WITNESSES:

1._______________________

2._______________________

Enclosure:
Board resolution of each of the Joint Venture Members authorizing:
(i) Execution of the Joint Venture Agreement, and
(ii) Appointing the authorized signatory for such purpose.

Page 90 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
FORM No. 11

FORMAT FOR AFFIDAVIT TO BE UPLOADED BY TENDERER ALONGWITH THE


TENDER DOCUMENTS

(To be executed in presence of Public notary on non-judicial stamp paper of the value of
Rs.100/-. The stamp paper has to be in the name of the tenderer)**

I......................................(Name and designation)** appointed as the attorney/authorized


signatory of the tenderer (including its constituents),

M/s.___________________________________ (hereinafter called the tenderer) for the purpose of


the Tender documents for the work of _____________________________________ as per the tender
No._______________of RailTel, do hereby solemnly affirm and state on the behalf of the tenderer
including its constituents as under:

1. I/We the tenderer (s), am/are signing this document after carefully reading the contents.

2. I/we the tenderer(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.

3. I/We hereby declare that I/We have downloaded the tender documents from electronic tender
portal. I/We have verified the content of the document from the website and there is no
addition, no deletion or no alteration to the content of the tender document. In case of any
discrepancy noticed at any stage i.e. evaluation of tenderers, execution of work or final
payment of the contract, the master copy available with the RailTel Administration shall be
final and binding upon me/us.

4. I/We declare and certify that I/we have not made any misleading or false representation in the
forms, statements and attachments in proof of the qualification requirements.

5. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted alongwith the offer and same shall be binding upon me/us.

6. I/We declare that the information and documents submitted alongwith the tender by me/us are
correct and I/we are fully responsible for the correctness of the information and documents
submitted by us.

7. I/We undersigned that if the certificates regarding eligibility criteria submitted by us are found
to be forged/false or incorrect at any time during process for evaluation of tenders, it shall lead
to forfeiture of the tender EMD besides banning of business for five years in RailTel. Further,
I/we (insert name of the tenderer)** ___________ and all my/our constituents understand that
my/our offer shall be summarily rejected.

8. I/we also understand that if the certificates submitted by us are found to be false/forged or
incorrect at any time after the award of the contract, it will lead to termination of the contract,
alongwith forfeiture of EMD/SD and Performance Guarantee besides any other action
provided in the contract including banning of business for five yearsin RailTel.

DEPONENT
SEAL AND SIGNATURE
Page 91 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
OF THE TENDERER

VERIFICATION

I/We above named tenderer do hereby solemnly affirm and verify that the contents of my/our
above affidavit are true and correct. Nothing has been concealed and no part of it is false.

DEPONENT
SEAL AND SIGNATURE
OF THE TENDERER

Place:
Dated:

** The contents in Italics are only for guidance purpose. Details as appropriate, are to be filled
in suitably by tenderer. Attestation before Magistrate/Notary Public

Page 92 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No.12

PROFORMA FOR Nil Deviation Component Compliance Undertaking Letter


(TO BE SIGNED BY BIDDER)

To

Principal Executive Director/Infra


RailTel Corporation of India Ltd.
Plate-A, 6th Floor, Office Block Tower-2,
East Kidwai Nagar,
New Delhi-110023

Date: dd-mm-yyyy

Dear Sir,

Sub: NIL Deviation Compliance for Tender no. ……………………………………………..…….

Over and above all our earlier conformations and submissions as per your requirements of the RFP,
we confirm that,

1. We will ensure our unconditional compliance of all the terms and conditions as
mentioned in the Tender document. In case of any deviation, the same should be attached
as an Annexure (as per Format given below)to this form.In case of any deviation,
RailTel reserves the right to reject the bid without giving any justification.
Format of Annexure (Deviation Statement)
S. No. Clause No. Existing Clause Proposed Remarks, if any
& Chapter of Tender Clause
No.

2. All the proposed Hardware and Software to be supplied as per SOR are compliant to the
technical specifications as mentioned in Chapter-3A of Tender document.

3. We hereby certify that the hardware and software mentioned in our Bill of Material
(BOM) are complete.

4. We confirm that there is no requirement of any other hardware and software to fulfill
requirements as per scope against the RFP. If any additional hardware and software is
required to meet in scope requirements, then it would be provided by us at no extra cost
to RailTel.

Place:
Date: Seal and signature of the bidder

(This Form along with Annexure (if required) should be on the letterhead of the bidder duly signed by
an authorized signatory)

Page 93 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 13
PROFORMA FOR SIGNING THE INTEGRITY PACT
(On Stamp Paper of Rs one hundred)

RailTel Corporation of India Limited, hereinafter referred to as ―The Principal‖.

AND

……………………………., hereinafter referred to as ―The Bidder/ Contractor‖

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for
……………………………………………The Principal values full compliance with all relevant laws of the land,
rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and /or
Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor
the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1- Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-

a. No employee of the Principal, personally or through family members, will in connection with the tender
for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any
material or immaterial benefit which the person is not legally entitled to.

b. The Principal will during the tender process treat all Bidder(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the process or the contract execution.

c. The Principal will exclude from the process all known prejudiced persons.

2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the
Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2- Commitments of the Bidder(s) / Contractor(s)

1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender process and
during the contract execution.

a. The Bidder(s)/contractor(s) will not, directly or through any other persons or firm, offer promise or give to
any of the Principal‘s employees involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/she is not legally entitled to, in order to obtain in
exchange any advantage during tender process or during the execution of the contract.

b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the
Bidder(s) /Contractors will not use improperly, for purposes of competition or personal gain, or pass on to
others, any information or document provided by the Principal as part of the business relationship,

Page 94 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
regarding plans, technical proposals and business details, including information contained or transmitted
electronically.

d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the bidder(s)/contractor(s) of Indian Nationality shall
furnish the name and address of the foreign principals, if any. Further details as mentioned in the
―Guidelines on Indian Agents of Foreign Suppliers‖ shall be disclosed by the Bidder(s)/Contractor(s).
Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be
in Indian Rupees only. Copy of the ―Guidelines on Indian Agents of Foreign Suppliers‘ as annexed and
marked as Annexure A.

e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with the
award of the contract.

2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an
accessory to such offences.

Section 3: Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation
of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is
entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure
mentioned in the ―Guidelines on Banning of business dealings‖. Copy of the ―Guidelines on Banning of business
dealings‖ is annexed and marked as Annex-―B‖.

Section 4: Compensation for Damages

1. If the Principal has disqualified the Bidder(s) from the tender process prior to the awardaccording to
Section 3, the Principal is entitled to demand and recover the damagesequivalent to Earnest Money
Deposit/Bid Security.

2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to be
terminated the contract according to Section 3, the Principal shall be entitled to demand and recover from
the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank
Guarantee.

Section 5: Previous Transgression

1. The Bidder declares that no previous transgressions occurred in the last three years with any other company
in any country conforming to the anti-corruption approach or with any other public sector enterprise in
India that could justify his exclusion from the tender process.

2. If the bidder makes incorrect statement on this subject, he can be disqualified from the tender process
for action can be taken as per the procedure mentioned in ―Guidelines on Banning of business dealings‖.

Section 6: Equal treatment of all Bidders / Contractors/Subcontractors.

1. The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity


with this Integrity Pact, and to submit it to the Principal before contract signing.

2. The Principal will enter into agreements with identical conditions as this one with all bidders, contractors
and subcontractors.

3. The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its
provisions.

Section 7: Criminal charges against violation by Bidder(s) / Contractor(s) / Sub contractor(s)

Page 95 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or ofan employee or a
representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Section 8: Independent External Monitor / Monitors

1. The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the
Monitor is to review independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions
neutrally and independently. He reports to the CMD, RailTel.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all project
documentation of the Principal including that provided by the Contractor. The Contractor will also grant
the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access
to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/Subcontractor(s) with
confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations between the
Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or take corrective action, or to
take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond
this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action.

6. The Monitor will submit a written report to the CMD, RailTel within 8 to 10 weeks from the date of
reference or intimation to him by the Principal and, should the occasion arise, submit proposals for
correcting problematic situations.

7. Monitor shall be entitled to compensation on the same terms as being extended to provided to Independent
Directors on the RailTel Board.

8. If the Monitor has reported to the CMD, RailTel, a substantiated suspicion of an offence under relevant
IPC/PC Act, and the CMD, RailTel has not, within the reasonable time taken visible action to proceed
against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this
information directly to the Central Vigilance Commissioner.

9. The word ‗Monitor‘ would include both singular and plural.

Section 9: Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor 10 months after the last
payment under the contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made / lodged by either party during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged / determined by CMD of RailTel.

Section 10: Other Provisions

1. This agreement is subject to Indian Law, Place of performance and jurisdiction is the Registered Office of
the Principal, i.e. New Delhi.

2. Changes and supplements as well as termination notices need to be made in writing.

3. If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
Page 96 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

(For & on behalf of the Principal) (For & On behalf of Bidder/Contractor)


(Office Seal) (Office Seal)

Place ——————————

Date ——————————
Witness 1:

Page 97 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Annexure-A of INTEGRITY PACT

GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS

1.0 There shall be compulsory registration of agents for all global (Open) Tender and Limited Tender. An
agent who is not registered with RailTel Units shall apply for registration in the prescribed Application-
Form.

1.1 Registered agents will file an authenticated Photostat copy duly attested by a Notary Public/ Original
certificate of the principal confirming the agency agreement and giving the status being enjoyed by the
agent and the commission/ remuneration/retainer-ship being paid by the principal to the agent before the
placement of order by RailTel.

1.2 Wherever the Indian representatives have communicated on behalf of their principals and the foreign
parties have stated that they are not paying any commission to the Indian agents, and the Indian
representative is working on the basis of salary or as retainer, a written declaration to this effect should
be submitted by the party (i.e. Principal) before finalizing the order.

2.0 DISCLOSURE OF PARTICULARS OF AGENTS/ REPRESENTATIVES IN INDIA, IF ANY.

2.1 Tenderers of Foreign nationality shall furnish the following details in their offer:

2.1.1 The name and address of the agents/representatives in India, if any and the extent of authorization and
authority given to commit the Principals. In case the agent/representative be a foreign Company, it shall
be confirmed whether it is real substantial Company and details of the same shall be furnished.

2.1.2 The amount of commission/ remuneration included in the quoted price(s) for such agents/representatives
in India.

2.1.3 Confirmation of the Tenderer that the commission/ remuneration if any, payable to his agents/
representatives in India, may be paid by RAILTEL in Indian Rupees only.

2.2 Tenderers of Indian Nationality shall furnish the following details in their offers:

2.2.1 The name and address of the foreign principals indicating their nationality as well as their status, i.e.
whether manufacturer or agents of manufacturer holding the Letter of Authority of the Principal
specifically authorizing the agent to make an offer in India in response to tender either directly or through
the agents/representatives.

2.2.2 The amount of commission /remuneration included in the price(s) quoted by the tenderer for himself.

2.2.3 Confirmation of the foreign principals of the Tenderer that the commission/ remuneration, if any,
reserved for the Tenderer in the quoted price(s), may be paid by RAILTEL in India in equivalent Indian
Rupees on satisfactory completion of the Project or supplies of Stores and Spares in case of operation
items.

2.3 In either case, in the event of contract materializing, the terms of payment will provide for payment of the
commission/ remuneration, if any payable to the agents/representatives in India in Indian Rupees on
expiry of 90 days after the discharge of the obligations under the contract.

2.4 Failure to furnish correct and detailed information as called for in paragraph 2.0 above will render the
concerned tender liable to rejection or in the event of a contract materializing, the same liable to
termination by RAILTEL. Besides this there would be a penalty of banning business dealings with
RAILTEL or damage or payment of a named sum.

******************

Page 98 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Annexure-B of INTEGRITY PACT

GUIDELINES ON BANNING OF BUSINESS DEALINGS

CONTENTS

S. No. Description
1 Introduction
2 Scope
3 Definitions
4 Initiation of Banning / Suspension
5 Suspension of Business Dealings
6 Ground on which Banning of Business Dealings can be initiated 8-9
7 Banning of Business Dealing
8 Removal from List of approved Agencies-Suppliers/ Contractors etc.
9 Procedure for issuing Show-cause Notice.
10 Appeal against the Decision of the Competent Authority
11 Review of the Decision by the Competent Authority
12 Circulation of the names of Agencies with whom Business Dealings have been banned

1. Introduction

1.1 RailTel Corporation of India Ltd (RAILTEL), being a Public Sector Enterprise, under the administrative
control of the Ministry of Railways and therefore being an authority deemed to be ‗the state‘ within the
meaning of Article 12 of Constitution of India, has to ensure preservation of rights enshrined in Chapter
III of the Constitution. RAILTEL has also to safeguard its commercial interests. RAILTEL deals with
Agencies, who have a very high degree of integrity, commitments and sincerity towards the work
undertaken. It is not in the interest of RAILTEL to deal with Agencies who commit deception, fraud or
other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure
compliance with the constitutional mandate, it is incumbent on RAILTEL to observe principles of natural
justice before banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent
that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before
passing any order in this regard keeping in view the facts and circumstances of the case.

2. Scope

2.1 The General Conditions of Contract (GCC) of RAILTEL generally provide that RAILTEL reserves its
rights to remove from list of approved suppliers/ contractors or to ban business dealings if any Agency
has been found to have committed misconduct and also to suspend business dealings pending
investigation. If such provision does not exist in any GCC, the same may be incorporated.

2.2 Similarly, in case of sale of material there is a clause to deal with the Agencies/ customers/ buyers, who
indulge in lifting of material in unauthorized manner. If such a stipulation does not exist in any Sale
Order, the same may be incorporated.

2.3 However, absence of such a clause does not in any way restrict the right of Company (RAILTEL) to take
action / decision under these guidelines in appropriate cases.

2.4 The procedure of (i) Removal of Agency from the List of approved suppliers/ contractors; (ii) Suspension
and (iii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.

2.5 These guidelines apply to Corporate Office, all Regions and Subsidiaries of RAILTEL.

2.6 It is clarified that these guidelines do not deal with the decision of the Management to avoid entertaining
any particular Agency due to its poor / inadequate performance or for any other reason.
Page 99 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
2.7 The banning shall be with prospective effect, i.e., future business dealings.

3. Definitions

In these Guidelines, unless the context otherwise requires:

i) ‗Party / Contractor / Supplier / Purchaser / Customer‘ shall mean and include a public limited company
or a private limited company, a firm whether registered or not, an individual, a cooperative society or an
association or a group of persons engaged in any commerce, trade, industry, etc. ‗Party / Contractor /
Supplier / Purchaser / Customer‘ in the context of these guidelines is indicated as ‗Agency‘.

ii) ‗Inter-connected Agency‘ shall mean two or more companies having any of the following features:

a) If one is a subsidiary of the other;

b) If the Director(s), Partner(s), Manager(s) or Representative(s) are common;

c) If management is common;

d) If one owns or controls the other in any manner;

iii) ‗Competent Authority‘ and ‗Appellate Authority‘ shall mean the following:

a) For Company (entire RAILTEL) wide Banning: The Director shall be the ‗Competent
Authority‘ for the purpose of these guidelines. CMD, RAILTEL shall be the ‗Appellate
Authority‘ in respect of such cases except banning of business dealings with Foreign Suppliers
of imported items.

b) For banning of business dealings with Foreign Suppliers of imported items, RAILTEL Directors
Committee (RDC) shall be the ‗Competent Authority‘. The Appeal against the Order passed by
RDC, shall lie with CMD, as First Appellate Authority.

c) In case the foreign supplier is not satisfied by the decision of the First Appellate Authority, it
may approach Railway Board as Second Appellate Authority.

d) For RailTel Regions only: Any officer not below the rank of General Manager appointed or
nominated by the Executive Director of concerned Region shall be the ‗Competent Authority‘
for the purpose of these guidelines. The Executive Director of the concerned Region shall be the
‗Appellate Authority‘ in all such cases.

e) For Corporate Office only: For procurement of items / award of contracts, to meet the
requirement of Corporate Office only, Concerned Group General Manager / General Manager
shall be the ‗Competent Authority‘ and concerned Director shall be the ‗Appellate Authority‘.

f) CMD, RAILTEL shall have overall power to take suo-moto action on any information available
or received by him and pass such order(s) as he may think appropriate, including modifying the
order(s) passed by any authority under these guidelines.

iv) ‗Investigating Department‘ shall mean any Department or Unit investigating into the conduct of the
Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police
or any other department set up by the Central or State Government having powers to investigate.

v) ‗List of approved Agencies - Parties / Contractors / Suppliers/ Purchaser/ Customers‘ shall mean and
include list of approved /registered Agencies - Parties/ Contractors / Suppliers / Purchasers / Customers,
etc.

4. Initiation of Banning / Suspension


Page 100 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Action for banning / suspension of business dealings with any Agency should be initiated by the
department having business dealings with them after noticing the irregularities or misconduct on their part.
Besides the concerned department, Vigilance Department of each Region / Unit/ Corporate Office may
also be competent to initiate such action.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with RAILTEL is under investigation by any department (except
Foreign Suppliers of imported items), the Competent Authority may consider whether the allegations
under investigation are of a serious nature and whether pending investigation, it would be advisable to
continue business dealing with the Agency. If the Competent Authority, after consideration of the matter
including the recommendation of the Investigating Department, if any, decides that it would not be in the
interest to continue business dealings pending investigation, it may suspend business dealings with the
Agency. The order to this effect may indicate a brief of the charges under investigation. If it is decided
that inter-connected Agencies would also come within the ambit of the order of suspension, the same
should be specifically stated in the order. The order of suspension would operate for a period not more
than six months and may be communicated to the Agency as also to Investigating Department. The
Investigating Department may ensure that their investigation is completed and whole process of final
order is over within such period.

5.2 The order of suspension shall be communicated to all the departmental heads within the unit/ region/
Corporate Office as the case may be. During the period of suspension, no business dealing may be held
with the agency.

5.3 As far as possible, the existing contract(s) with the Agency may continue unless the Competent
Authority, having regard to the circumstances of the case, decides otherwise.

5.4 If the gravity of the misconduct under investigation is very serious and it would not be in the interest of
RAILTEL, as a whole, to deal with such an Agency pending investigation, the Competent Authority may
send his recommendation to Chief Vigilance Officer (CVO), RAILTEL Corporate Office along with the
material available. If Corporate Office considers that depending upon the gravity of the misconduct, it
would not be desirable for all the units/ regions of RAILTEL to have any dealings with the Agency
concerned, an order suspending business dealings may be issued to all the units/ Regions / Corporate
Office by the Competent Authority of the Corporate Office, copy of which may be endorsed to the
Agency and all concerned. Such an order would operate for a period of six months from the date of issue.

5.5 For suspension of business dealings with Foreign Suppliers of imported items, following shall be the
procedure:

i) Suspension of the foreign suppliers shall apply throughout the Company/ Regions including Subsidiaries.

ii) Based on the complaint forwarded by ED / GGM / GM or received directly by Corporate Vigilance, if
gravity of the misconduct under investigation is found serious and it is felt that it would not be in the
interest of RAILTEL to continue to deal with such agency, pending investigation, Corporate Vigilance
may send such recommendation on the matter to Executive Director / GGM / GM, to place it before a
Committee consisting of the following:

1. ED / GGM/ GM (viz. Representative of Corporate Finance).


2. ED / GGM/ GM (viz. Representative of Department concerned with procurement of imported
items)- Convener of the Committee.
3. ED / GGM/ GM (to be nominated on case to case basis).
4. ED / GGM/ GM ((viz. Representative of Corporate Law).

The committee shall expeditiously examine the report and give its comments / recommendations within
twenty one days of receipt of the reference by ED/ GGM/ GM.

iii) The comments / recommendations of the Committee shall then be placed by ED/GGM/GM, before
RAILTEL Directors‘ Committee (RDC) constituted forimport of items. If RDC opines that it is a fit case

Page 101 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
for suspension, RDC may pass necessary orders which shall be communicated to the foreign supplier by
the ED/GGM/GM.

5.6 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its
conduct is under investigation. It is not necessary to enter into correspondence or argument with the
Agency at this stage.

5.7 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order
of suspension. However, if investigations are not complete in six months time, the Competent Authority
may extend the period of suspension by another three months, during which period the investigations must
be completed.

6. Ground on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to the State, so warrants;

6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for
offences involving moral turpitude in relation to its business dealings with the Government or any other
public sector enterprises or RAILTEL, during the last five years;

6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the Agency
have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations,
etc;

6.4 If the Agency continuously refuses to return / refund the dues of RAILTEL without showing adequate
reason and this is not due to any reasonable dispute which would attract proceedings in arbitration or Court
of Law;

6.5 If the Agency employs a public servant dismissed / removed or employs a person convicted for an offence
involving corruption or abetment of such offence;

6.6 If business dealings with the Agency have been banned by the Govt. or any other public sector enterprise;

6.7 If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of facts;

6.8 If the Agency uses intimidation/ threatening or brings undue outside pressure on the Company (RAILTEL)
or its official in acceptance/ performances of the job under the contract;

6.9 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying with contractual
stipulations;

6.10 Willful indulgence by the Agency in supplying sub-standard material irrespective of whether pre-dispatch
inspection was carried out by Company (RAILTEL) or not;

6.11 Based on the findings of title investigation report of CBI / Police against the Agency for malafide/
unlawful acts or improper conduct on his part in matters relating to the Company (RAILTEL) or even
otherwise;

6.12 Established litigant nature of the Agency to derive undue benefit;

6.13 Continued poor performance of the Agency in several contracts;

6.14 If the Agency misuses the premises or facilities of the Company (RAILTEL), forcefully occupies tampers
or damages the Company's properties including land, water resources, etc.

(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may
decide to ban business dealing for any good and sufficient reason).
Page 102 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
7. Banning of Business Dealings

7.1 Normally, a decision to ban business dealings with any Agency should apply throughout the Company
including subsidiaries. However, the Competent Authority of the Region/ Unit except Corporate Office
can impose such ban Region-wise only if in the particular case banning of business dealings by
respective Region/ Unit will serve the purpose and achieve its objective and banning throughout the
Company is not required in view of the local conditions and impact of the misconduct/ default to beyond
the Region/ Unit. Any ban imposed by Corporate Office shall be applicable across all Regions/ Units of
the Company including Subsidiaries.

7.2 For Company-wide banning, the proposal should be sent by ED of the Region/ Unit to the CVO/RailTel
setting out the facts of the case and the justification of the action proposed along with all the relevant
papers and documents except for banging of business dealings with Foreign Suppliers of imported items.

The Corporate Vigilance shall process the proposal of the concerned Region/ Unit for a prima-facie view
in the matter by the Competent Authority nominated for Company-wide banning.

The CVO shall get feedback about that agency from all other Regions/ Units. Based on this feedback, a
prima-facie decision for banning / or otherwise shall be taken by the Competent Authority.

If the prima-facie decision for Company-wide banning has been taken, the Corporate Vigilance shall
issue a show-cause notice to the agency conveying why it should not be banned throughout RAILTEL.

After considering the reply of the Agency and other circumstances and facts of the case, a final decision
for Company-wide banning shall be taken by the competent Authority.

7.3 There will be a Standing Committee in each Region/ Unit to be appointed by Chief Executive Officer for
processing the cases of "Banning of Business Dealings" except for banning of business dealings with
foreign suppliers. However, for procurement of items/ award of contracts, to meet the requirement of
Corporate Office only, the committee shall be consisting of General Manager/ Dy. General Manager each
from Operations, Finance, Law & Project. Member from Project shall be the convener of the committee.
The functions of the committee shall, inter-alia include:

(i) To study the report of the investigating Agency and decide if a prima-facie case for Company-
wide / Region wise banning exists, if not, send back the case to the Competent Authority.

(ii) To recommend for issue of show-cause notice to the Agency by the concerned department.

(iii) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.

(iv) To submit final recommendation to the Competent Authority for banning or otherwise.

7.4 If the Competent Authority is prima-facie of view that action for banning business dealings with the
Agency is called for, a show- cause notice may be issued to the Agency and an enquiry held accordingly.

7.5 Procedure for Banning of Business Dealings with Foreign Suppliers of imported items.

i) Banning of the agencies, shall apply throughout the Company including subsidiaries.

ii) Based on the complaint forwarded by Executive Director or received directly by Corporate
Vigilance, an investigation shall be carried out by Corporate Vigilance. After investigation,
depending upon the gravity of the misconduct, Corporate Vigilance may send their report to
Executive Director/ GGM/ GM, to be placed before a Committee consisting of the following:

1. ED / GGM/ GM (viz. Representative of Corporate Finance).

Page 103 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
2. ED / GGM/ GM (viz. Representative of Department concerned withprocurement of
imported items)- Convener of the Committee.

3. ED / GGM/ GM (to be nominated on case to case basis).

4. ED / GGM/ GM ((viz. Representative of Corporate Law).

The Committee shall examine the report and give its comments/ recommendations within 21 days of receipt of the
reference by ED.

iii) The comments/recommendations of the Committee shall be placed by ED/ GGM/ GM before
RAILTEL Directors' Committee (RDC) constituted for import of foreign items. If RDC opines that it is
a fit case for initiating banning action, it will directED/ GGM/ GM to issue show-cause notice to the
agency for replying within a reasonable period.

iv) On receipt of the reply or on expiry of the stipulated period, the case shall be submitted by ED to RDC
for consideration & decision.

v) The decision of the RDC shall be communicated to the agency by ED/GGM/GM concerned.

8. Removal from List of Approved Agencies – Suppliers/ Contractors, etc.

8.1 If the Competent Authority decides that the charge against the Agency is of a minor nature, it may issue a
show-cause notice as to why the name of the Agency should not be removed from the list of approved
Agencies - Suppliers / Contractors, etc.

8.2 The effect of such an order would be that the Agency would not be disqualified from competing in Open
Tender Enquiries but LTE (Limited Tender Enquiry) may not be given to the Agency concerned.

8.3 Past performance of the Agency may be taken into account while processing for approval of the Competent
Authority for awarding the contract.

9. Show-cause Notice

9.1 In case where the Competent Authority decides that action against an Agency is called for, a show-cause
notice has to be issued to the Agency. Statement containing the imputation of misconduct or misbehavior
may be appended to the show-cause notice and the Agency should be asked to submit within 15 days a
written statement in its defence.

9.2 If the Agency requests for inspection of any relevant document in possession of RAILTEL, necessary
facility for inspection of documents may he provided.

9.3 The Competent Authority may consider and pass all appropriate speaking order:

a) Forex one rating the Agency if the charges are not established.

b) For removing the Agency from the list of approved Suppliers/ Contactors, etc.

c) For banning the business dealing with the Agency.

9.4 If it decides to ban business dealings, the period for which the ban would be operative may be mentioned.
The order may also mention that the ban would extend to the interconnected Agencies of the Agency.

10. Appeal against the Decision of the Competent Authority

Page 104 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
10.1 The agency may file an appeal against the order of the Competent Authority banning business dealing, etc.
The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month from the
date of receipt of the order banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to
the Agency as well as the Competent Authority.

11. Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the banning order passed originally
by Chief Executive / Competent Authority under the existing guidelines either before or after filing of
appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review
petition can be decided by the Chief Executive / Competent Authority upon disclosure of new facts /
circumstances or subsequent development necessitating such review. The Competent Authority may refer
the same petition to the Standing Committee for examination and recommendation.

12. Circulation of the names of Agencies with whom Business Dealings have been banned

12.1 Depending upon the gravity of misconduct established, the Competent Authority of the Corporate Office
may circulate the names of Agency with whom business dealings have been banned, to the Government
Departments, other Public Sector Enterprises, etc. for such action as they deem appropriate.

12.2 If Government Departments or a Public Sector Enterprise requests for more information about the Agency
with whom business dealings have been banned, a copy of the report of the Inquiring authority together
with a copy of the order of the Competent Authority / Appellate Authority may be supplied.

12.3 If business dealings with any Agency have been banned by the Central or State Government or any other
Public Sector Enterprise, RAILTEL may, without any further enquiry or investigation, issue an order
banning business dealing with the Agency and its interconnected Agencies.

12.4 Based on the above, Regions / Units may formulate their own procedure for implementation of the
guidelines.

Page 105 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 14

PROFORMA FOR “NO MALICIOUS CODE UNDERTAKING LETTER


BY BIDDER and OEM”

To

Principal Executive Director/Infra


RailTel Corporation of India Ltd.
Plate-A, 6th Floor, Office Block Tower-2,
East Kidwai Nagar,
New Delhi-110023

Tender Reference No.:________________________

Sub: Undertaking for No Malicious Code.

Dear Sir,

Over and above all our earlier conformations and submissions as per your requirements
of the RFP, we confirm that,

1. All proposed hardware and software components in scope of supplies when shipped by
________, does not contain embedded malicious code that would activate procedures to:-

a. Inhibit the desired and designed function of the equipment.


b. Cause physical damage to the user or equipment during the exploitation.
c. Tap information resident or transient in the equipment/networks.

2. We, ___________ will be considered to be in breach in case physical damage or


malfunctioning is caused due to activation of any such malicious code in embedded
software and thus be liable to repair, replace or refund the price of the infected software
if reported (or, upon request, return) to the party supplying the software to Customer, if
different than ________

3. Security breach or damages to system, if any, so caused by any embedded malicious


code or otherwise, due to the act of either OEM or bidder or both, the OEM as well as
the bidder would be considered liable jointly or severally and shall be banned for
conducting any business with RailTel. Also the present contract, may liable to be
terminated by the purchaser.

Place:
Date: Seal and signature of the bidder/OEM

(This letter should be on the letter head of the Bidder & OEM duly signed by an authorized
signatory)

Page 106 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Form No. 15
CONTRACT AGREEMENT
(On Stamp paper of Rs. One hundred)

(CA No. ………………………………………………………………………………………….)

This AGREEMENT is made at <Location> on this _______day of ___________ two thousand


and twenty three, by and between RailTel Corporation of India Limited (A Govt. of India
Undertaking) having its Registered & Regional office at Plat-A, 6th Floor, Office Block-II, East
Kidwai Nagar, New Delhi-110023, acting in the premises through Principal Executive
Director/Infra or his authorized representative (hereinafter referred to as ‗RailTel‘, which
expression should unless repugnant to the context or meaning thereof include its successors and
permitted assigns) of the one part;

And _______________________having its registered office at ----------------------------------------


---------- acting in the premises through………………. (hereafter referred to as ―Contractor‖,
which expression should unless repugnant to the context or meaning thereof include its
successor and permitted assigns) of the other part.

Whereas in response to a call for Tender by RailTel for the work of


―……………………………………………..…………………………………………...‖ for
RailTel Corporation of India Limited as per tender papers at Annexure ‗A‘ read with
Corrigendum………………….. issued by RailTel hereto, the Contractor has submitted offer
letter as per Annexure ‗B‘ hereto

AND WHEREAS the said Tender of the Contractor has been accepted for the work of
―……………………………………………………………………………………………………
‖ for RailTel Corporation of India Limited as per copy of Letter of Acceptance of Tender No.
____________________dated____________ complete with enclosures at the accepted rates and
agreed deviations from tender papers as per Annexure-C hereto at contract value of
Rs.________________(Rupees _________________________ Only) duly accepted by the
contractor.

Now this agreement witnesses that in consideration of the premises and the payment to be made
by the Purchaser (RailTel) to the Contractor provided for herein, the Contractor shall supply all
equipment and materials and execute and perform all works for which the said Tender of the
Contractor has been accepted strictly according to the various provisions in Annexure ‗B‘ and
‗C‘ hereto and upon such supply, execute and performance to the satisfaction of the purchaser
(RailTel) and the purchaser (RailTel) shall pay to the Contractor at the rates accepted as per the
said Annexure ‗C‘ and in terms of the provisions therein.

IN WITNESS whereof both the parties have hereunto set and subscribed their respective hands
and/or seals on the day and year respectively mentioned against their respective signatures.

Signed and delivered by Shri _______________________ for and on behalf of RailTel


Corporation of India Ltd. in the presence of:

1. Signatures
Date
Name in Block Capitals
Page 107 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Address:

2. Signatures
Date
Name in Block Capitals
Address:

Signed and delivered by Shri. _______________________________ for and on behalf of


________________________ in the presence of :

1. Signatures
Date
Name in Block Capitals
Address:

2. Signature
Date
Name in Block Capitals
Address:

Annexure ‗A‘ : Tender Document No…………. with Corrigendum(s), if any.


Annexure ‘B‘ : Contractor‘s offer letter.
Annexure ‗C‘ : Letter of Acceptance/Purchase order No…….. with all enclosures.
Annexure ‗D‘ : Copy of Performance Bank Guarantee (PBG)

(End of Chapter-6)

Page 108 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
CHAPTER-7

Detailed standard conditions applicable for the Annual Maintenance Contract

7.1.0 Introduction

This document contains the standard conditions applicable for the Annual Maintenance
Contract between RailTel and the Contractor. Contractor is defined as the company
whose products/equipments have been deployed over the RailTel telecommunication
network and the warranty of these equipments has expired or going to be expire shortly.
All the equipments/ cards/ modules of SOR-A will be covered under this contract. This
Annual Maintenance Contract will cover up the provision of remote services to be
provided by the contractor for proper working of Network created through the
contractor‘s equipments. This document will also cover up the Repair and Return
services for the rectification of defective modules/cards/parts etc which are the key
tools in use for uninterrupted traffic. It also includes the Key performance parameter
which will decide the outcome of the contractor within reasonable time frame along
with the provision of penalties. This Annual Maintenance Contract will cover the
following services:

 Technical Support service.


 Repair and Return Service.
 Software Updates.

7.2.0 Basic Definitions and terminology Used:-

RailTel: RailTel Corporation of India Limited having its registered and Corporate
office office at Plate-A, 6th Floor, Office Tower-2, NBCC Building, East Kidwai
Nagar, New Delhi-110023.

Contractor: Contractor means firm/company whom equipments are deployed over the
Telecommunication Network of RailTel.

TSC: Technical Support Center created by the Contractor for 2nd level support.

TEC: Telecom Excellence Center created by the contractor for 3rd level support.

WC: Welcome Center of contractor through which the RailTel may interact with
contractor.

AR: Assistance Request created by WC of contractor for a specific request of RailTel


which will be used for all references until its closure and also for future
correspondence.

Maintained Products: Details of equipments with location wise deployment and serial
identification numbers to be incorporated in a statement jointly signed by RailTel and
Contractor, which will be covered under AMC contract.

Page 109 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Severity Levels:

Severity Levels are defined as the condition of the system when RailTel submits an
Assistance Request (AR). There are three severity levels for reported problems.
Severity levels are defined as follows:

“Critical”(also known as Severity Level 1, SL1): The system is inoperative and


RailTel‘s inability to use the product has a critical effect on RailTel‘s operations. This
condition is generally characterized by complete system failure and requires immediate
correction.

“Major” (also known as Severity Level 2, SL2): The system is partially inoperative
but still usable by RailTel. The inoperative portion of the product severely restricts
RailTel‘s operations, but has a less critical effect than a severity level 1 condition.

“Minor” (also known as Severity Level 3, SL3): The system is usable by RailTel,
with little or limited impact to the function of the system. This condition is not critical
and does not severely restrict overall RailTel operations.

RailTel shall inform the severity based on above definitions, at the time of opening of
AR with Contractor‘s TSC. If TSC feels to disagree on the severity, may discuss with
RailTel on correction of severity. Where parties disagree on the classification of a
particular reported problem, RailTel and Contractor‘s technical contacts will discuss the
classification in good faith to reach a mutually acceptable classification. In the event,
the parties are unable to reach agreement on the classification, the reported problem
shall be classified at the discretion of RailTel.

7.2.1 Key Performance Indicators (KPIs):

The key performance indicators (KPI) established by contractor and RailTel, are
dependent on the severity level of the request as reported by RailTel to the TSC through
telephone. Contractor‘s KPIs extend to Maintained Products running on a currently
supported software version release only. These are KPIs which will decide the penalties
to be imposed on contractor if he fails to achieve the fixed parameter for both remote
services and Repair & Return services.

“Response Time” (also known as Specialist Call-back) means the time period from
when RailTel first notifies the Contractor‘s welcome center of a reported problem to
when an contractor‘s expert attempts to contact RailTel via telephone or preferred
contact method as defined when submitting the request.

“Restore Time” (also known as Remote Neutralization) means a measure of the


length of time from when contractor is contacted and an event is determined to be loss
of service and/or functionality affecting, to the time when contractor provides the
means to return a system to operational status. This will be applicable only for services
impacting cases. Travel time of field‘s engineers or TSC engineers and spare
arrangement times will be excluded in this.

Page 110 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Resolve Time (Also known as Final Resolution Time) means a measure of the length
of time from when RailTel first notifies the contractor‘s welcome center to the time
when a solution to address the issue is made available to RailTel. This may or may not
occur simultaneously with Restore Time.
Patch Releases/Maintenance Releases:-

“Patch Release” means a software release that contains minor modifications to address
a specific problem and help restore a system. A Patch Release may also be known as
―Craft Release‖.

“Maintenance Release” means a software release that contains modifications intended


to resolve problems that prevent products from performing up to the manufacturer‘s
technical specification. Typically they are comprised of a collection of Patch Releases.
Maintenance Release may also be known as an ―Update Release‖ or a ―Point Release‖.

7.3.0 Technical Support Service:-

During this AMC period, whenever needed, RailTel may contact the Contractor‘s
Support center (WC) through a dedicated phone no. or e-mail address or Web for every
issue or request. The Welcome Center of the Contractor (WC) will be available 24
hours a day and 365 days of the year. Welcome Centre creates the Assistance Request
(AR) in the database and this AR will be used for all future correspondence /references
and it will route to either for Repair or Return services or to Technical support center
(TSCs) for remote assistance. These level 2 services provided through Technical
support center may escalate to Technical Experts centre or to OEM dedicated technical
support centers (for OEM support for hardware and /or software portion of the
products).

The Welcome centre of contractor (WC) keeps track of the assistance request (AR) or
part request until closure.

7.3.1 Contractor‟s responsibilities:

Contractor shall login RailTel Network in support of product related questions


troubleshooting assistance, diagnostic procedures, and Patch & Maintenance Releases,
as are made available, to restore and resolve network troubles. The following services
will be provided:

7.3.1.1 Troubleshoot network problems via phone, virtual private network, or modem
connection down to Maintained product component level, or sufficiently to the
maintained products as the root cause.

7.3.1.2 Provide technical advice and guidance via telephone or email by Contractor‘s product
specialists located in their Technical Support Centers (TSC). Upon request from
RailTel, RailTel will receive information, advice and assistance for the Maintained
Products.

7.3.1.3 Provide Patch & Maintenance Releases for Maintained Products, as provided in
accordance with the applicable product software support policy. For selected products
Page 111 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
noted on Maintained Products Contractor will remotely install software fixes, patches,
and updates that may be made available.

7.3.1.4 For Severity Level Critical (Severity 1) and Major (Severity 2) will restore Maintained
Products to operational status by identifying defective hardware components or
providing software and/or procedural workarounds, where feasible. All software
workarounds will be licensed subject to the same terms, restrictions, and limitations as
contained in the licenses under which the software was acquired.

7.3.1.5 Not Used.

7.3.1.6 Not Used.

7.3.1.7 Software Update:

RailTel will be extended the benefits of software updates made by OEM on the
installed systems on existing release from time to time to improve performance. If
required to restore or rectification of severe problems all the software up-gradation, re-
installation will be done by contractor during the period of AMC.

7.3.2 RailTel Responsibility:-

When reporting an AR, RailTel shall include Severity Level of problem and output of
any diagnostic, printed logs, already performed to help reproduce the conditions under
which the trouble occurred. Identify site ID or contact number, submitter name &
location, callback telephone number and/or email address, system name and location,
processor location, type and serial number, and alternate contact.

7.3.2.1 RailTel will notify contractor in writing immediately of any change in the employment
or authorization status of any personnel having authorized access to the Web site.

7.3.2.2 RailTel will provide remote access to Contractor‘s TSC to access their network, either
through VPN, ISDN or Team viewer.

7.3.2.3 RailTel will perform first level diagnostics before handing over the ticket to the
Contractor. RailTel will share all network layouts, link details etc which may be needed
by Contractor to help troubleshooting the issue.

7.3.2.4 RailTel will provide all necessary documents for repair of cards.

7.3.2.5 RailTel will provide all necessary technical field support in the form of field technical
staff equipped with necessary equipments etc. to give remote access to Contractor.

7.4.0 Repair and Return Services

7.4.1 Repair
Page 112 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
7.4.1.1 Contractor‟s Responsibility:-
1. The Contractor will take- over the defective cards/SFPs from NOC/site where
equipment is installed and hand-over the repaired card at the same location. The
following activities will be performed by the contractor:

2. After receiving a defective part request through Welcome Centre (dedicated


phone line or e-mail), the defective part will be taken over by the contractor from
NOC/site where equipment is installed. All the documentation including
identification number (Serial number) will be provided by RailTel.

3. There will be initial one time activity of all existing faulty cards being repaired by
Contractor before commencement of the AMC. AMC will cover only equipments
which are in working condition.

4. The received defective part will be got repaired by the contractor within 30 days
from the date of receiving and will be installed/handed over to RailTel authorized
representative at NOC/site. The contractor will also give probable reason for
repeated failure of cards/ modules.

Uninterrupted Network: For smooth and uninterrupted traffic during the repair being
carried out by the contractor.

1. Contractor shall make spares available at his own cost.


2. All transportation, freight and insurance charges will be borne by the contractor.
3. Contractor will keep the record of repair on each defective part/cards/SFP with
serial numbers (unique identification) particulars.

7.4.1.2 RailTel‟s Responsibility

RailTel will hand over the defective card/SFP/Parts/etc. to the contractor‘s authorized
representative at NOC/site along with the following relevant information &
documentation.

1. Identification/serial number and location of use.


2. Fault report document duly filled-in in a format as per requirements of
Contractor.
3. All relevant documentation including failure description, diagnostic tests
results.
4. Adequate packing material to protect against reasonable risk of damages.
5. Provide all necessary government authorization and documentation necessary
to facilitate custom clearance processing.
6. Perform a physical check test on the repaired parts.

7.4.2 Return

Page 113 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
If any part goes beyond repair due to Contractor at the time of repair being carried out,
this is to be communicated to RailTel and after agreed upon, it will be labeled as
―unworkable‖. If it will be required to deploy a new part on that location that will be
provided by the contractor to RailTel free of cost. To achieve this, contractor is
required to always keep adequate spares with it during the period of AMC. However
this excludes damaged, spoiled, rusted or misused parts. Any such parts will be not-
repairable and no replacements shall be provided by contractor. RailTel will have to
purchase fresh spares in case the cards are non repairable due to these reasons.

7.5.0 Services Level Agreement Values (SLA):

As described above, if the contractor fails to provide the Technical Support Services
and Repair services within the reasonable time, the following KPIs will be used.

7.5.1 Technical Support Services


KPIs & SLA:

Severity Levels/KPIS Critical Major Minor


Respond 1Hr 3Hr 5Hr
Restore 6 Hr BE BE
*BE-Best Effort

7.5.2 Repair and Return Services

If the contractor fails to return the card within 30 days from the date of receipt ,
the following penalties will be imposed:

Equipment Duration of repair Deduction/Penalties


All Modules and More than 30 days and up to 40 10% of the cost of affected
accessories days Equipment.
All Modules and More than 40 days and 25% of the cost of affected
accessories up to 50 days Equipment.
All Modules and More than 50 days and 75% of the cost of affected
accessories up to 60 days Equipment.
All Modules and More than 60 days Full cost of affected
accessories part/module.
Note:
a. OEM should provide facility to RailTel for direct fault case open on TAC Support in case
of emergency.
b. The above replacement services will be applicable during maintenance supervision,
warranty and AMC period.

7.6.0 General Conditions:

7.6.1 Period of AMC:

This Annual Maintenance Contract will be valid for a period of 5 years from the date of
issue of LOA/PO for AMC. This period (i.e. 5 years) may be extended further with
mutual consent of RailTel and Contractor.

Page 114 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
RailTel at its discretion is free to change the location of the equipments installed during
the currency of AMC and the contractor shall carry out the AMC with same
commercial terms.

7.6.2 Performance Bank Guarantee:-

The contractor is required to submit a Performance Bank Guarantee (PBG) within 30


days from the date of issue of LOA for AMC @ 10% of the total AMC cost of five
years valid for a period 4 months beyond the AMC period of 5 years from the date of
issue of LOA. The Proforma for PBG is given in Form No. 1 of tender document. If the
AMC period got extended, the PBG will also be extended accordingly.

The performance Bank Guarantee will bear no interest.

7.6.3 Prices and Taxes:-

 The prices for the services shall be in INR which will be the currency of account
invoicing and payment.
 If in respect of the provision of services, Contractor has to pay the additional
admissible taxes, the same will be get reimbursed after receiving he documentary
proof by RailTel.
 Price will not include the cost of any financing (if any).
 The Octroi/entry tax shall be paid extra as per actual on production of proof of
payment/document.

7.6.4 Payment Terms:-

AMC charges shall be paid on quarterly basis by the respective Regional General
Managers/ Executive Director of the concerned Region after successful completion
of maintenance within 30 days from the date of invoicing accompanied with Invoice,
Monthly trouble ticket report, Monthly repair report subject to any deductions or
recovery (which the RailTel may be entitled to make under contract) through RTGS.
Monthly reports will be shared with RailTel regularly. Format will mutually decided
by RailTel and Contractor.

7.6.5 Execution of contract

The Regional General Managers/ Executive Directors of respective regions or his


nominated representatives will be responsible for the execution of the contract under
their respective jurisdiction. Certificate regarding proper execution of the AMC
along with proposed deductions/penalties with reasons thereof shall be prepared for
every billing cycle (quarterly) for arranging payment to the contractor.

7.6.6 Tenderers Address

Tenderer shall state in the tender his postal address fully and clearly. Any
communication sent to the Tenderers by post at his said address shall be deemed to

Page 115 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
have reached the tenderer duly & timely, not withstanding the fact the
communication could not reach the tenderer at all or in time for whatever reason.
Important documents shall be sent by Registered post.

7.6.7 Law governing the contract.

The contract shall be governed by the law for the time being in force in the Republic
of India. Compliance to regulations and bye-laws-The contractor shall conform to
the provision of any statute relating to the works and regulations and bye-laws of
any local authority and of any water and lighting companies or undertakings, with
whose system the work is proposed to be connected and shall before making any
variation from the drawings or the specifications that may be necessitated by so
confirming give to the Engineer notice specifying the variation proposed to be made
and the reason for making the variation and shall not carry out such variation until he
has received instructions from the Engineer in respect thereof. The Contractor shall
be bound to give all notices required by statute, regulation or bye-laws as aforesaid
and to pay all fees and taxes payable to any authority in respect thereof.

7.6.8 Force Majeure clause:-

If at any time, during the continuance of this contract, the performance, in whole or
part, by either party, of any obligation under this contract shall be prevented or
delayed by reason of any war, hostility, act of the public enemy, Civil Commotion,
Sabotage, Fires, Floods, Earth quakes, explosions, strikes, epidemics, quarantine
restrictions, lockouts, any statute, statutory rules/regulation, order of requisitions
issued by any Government Department of Competent Authority or acts of God (here-
in-after referred to as event) then provided notice of the happening of any such event
is given by either party to the other within twenty one days from the date of
occurrence thereof, neither party shall, by reason of such event, be entitled to
terminate this contract nor shall either party have any claim for damage against the
other in respect of such non-performance or delay in performance, and the
obligations under the contract shall be resumed as soon as practicable after such
event has come to an end or ceased to exist, Provided further that if the performance
in whole or part of any obligation under this contract of prevented or delayed by
reason of any such event beyond a period as mutually agreed to by the RailTel and
the Contractor after any event or 60 days in the absence of such an agreement
whichever is more, either party may at its option to terminate the contract provided
also that if the contract is so terminated under this clause the RailTel may at the time
of such termination take over from the Contractor at prices as provided for in the
contract, all works executed or works under execution.

7.6.9 Illegal Gratification

Any bribe, commission, gift or advantage given, promised or offered by or on behalf


to the contractor or his partner, agent or servant or anyone on his behalf to any
officer or employees of the RailTel, or to any person on his behalf in relation to
obtaining or the execution of this or any other contract with the RailTel shall, in
addition or any criminal liability which he may incur, subject the contractor to the
rescission of the contract and all other contracts with the RailTel and to the payment
of any loss or damage resulting from such decision and the RailTel shall be entitled
Page 116 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
to deduct the amounts so payable from any moneys due to the Contractor (s) under
this contract or any other contracts with the RailTel.

The contractor shall not lend or borrow from or have or enter into any monitory
dealings or transactions either directly or indirectly with any employee of the RailTel
and if he shall do so, the RailTel shall be entitled forthwith to rescind the contract
and all other contracts with the RailTel. Any question or dispute as to the
commission or any shall offence or compensation payable to the RailTel under this
clause shall be settled by the Regional General Manager of RailTel, in such a
manner as shall consider fit and sufficient and his decision shall be final and
conclusive. In the event of rescission of the contract under this clause, the contractor
will not be paid any compensation whatsoever except payment for the work done up
to date of rescission.

7.6.10 LABOUR

Wages to Labour- The contractor shall be responsible to ensure compliance with


the provisions of the Minimum Wages Act, 1948 (hereinafter referred to as the ―said
Act‖) and the Rules made there-under in respect of any employees directly or
through petty contractors or sub contractors employed by him on road construction
or in building operations or in stone breaking or stone crushing for the purpose of
carrying out this contract. If in compliance with the terms of the contract, the
contractor supplied any labour to be used wholly or partly under the direct orders
and control of the RailTel whether in connection with any work being executed by
the contractor or otherwise for the purpose of the RailTel such labour shall, for the
purpose of the clause, still be deemed to be persons employed by the contractor. If
any moneys shall as a result of any claim or application made under the said Act be
directed to be paid by the RailTel, such moneys shall be deemed to be moneys
payable to the RailTel by the Contractor and on failure by the contractor to repay
any moneys paid by it as aforesaid with seven days after the same shall have been
demanded, the RailTel shall be entitled to recover the same form any moneys due or
accruing to the contractor under this or any other contractor with the RailTel.

7.6.10.1 Apprentices Act

The contractor shall be responsible to ensure compliance with the provisions of the
Apprentices Act 1961 and the Rules and Orders issued the re-under from time to
time in respect of apprentices directly through petty contractors or sub-contractors
employed by him for purpose of carrying out the contract. If the Contractor directly
or through petty contractor or sub-contractors fails to do so, his failure will be breach
of the contract and the RailTel may, in its discretion, rescind the contract. The
Contractor shall also be liable for any pecuniary liability arising on account of any
violation of the provisions of the Act.

7.6.10.2 Provisions of Payments of Wages Act

The Contractor shall comply with the provisions of the payment of Wages Act, 1936
and the rules made there under in respect of all employees directly or through petty
contractors or sub-contractors employed by him in the works. If in compliance with
the terms of the contract, the contractor directly or through petty contractors or sub-
contractors shall supply any labour to be used wholly or partly under the direct
Page 117 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
orders and control of the Engineer whether in connection with the works to be
executed hereunder or otherwise for the purpose of the Engineer such labour shall
nevertheless be deemed to comprise persons employed by the contractor, and any
moneys which may be ordered to be paid by the Engineers shall be deemed to be
moneys payable by the Engineer on moneys due to the contractor in terms of the
contractor (whether under this contract or any other contract all moneys paid or
payable by the RailTel by way of compensation of aforesaid or for costs of expenses
in connection with any claim thereto and the decision of the Engineer upon any
question arising out of the effect or force of this clause shall be final and binding
upon the contractor.

7.6.10.3 Provision of Contract Labour (Regulation and Abolition) Act 1970

1. The contractor shall comply with the provision of the Contract Labour (Regulation
and Abolition) Act 1970 and the Contract Labour (Regulation and Abolition) Act,
Central Rules 1971 as modified from time to time, whenever applicable and shall
also indemnify the RailTel from and against any claims under the aforesaid Act and
the Rules.

2. The contractor shall obtain a valid license under the aforesaid Act as modified from
time to time before the commencement of the work and continue to have a valid
license until the completion of the work. Any failure to fulfill this requirement shall
attract the penal provision of the Contract arising out of the resultant non-execution
of the work.

3. The contractor shall pay to the labour employed by him directly or through sub-
contractors the wages as per provisions of the aforesaid Act and the Rules wherever
applicable. The Contractor shall notwithstanding the provisions of the contract to the
contrary, cause to be paid the wages to labour indirectly engaged on the work
including any engaged by his sub contractors in connection with the said work, as if
the labour had been immediately employed by him.

4. In respect of all labour directly or indirectly employed in the work for performance
of the contractor‘s part of the contract the contractor shall comply with or cause to
be complied with the provisions of the aforesaid Act and the Rules wherever
applicable.

5. In every case in which, by virtue of the provisions of the aforesaid Act or the Rules,
the RailTel is obliged to pay any amount of wages to a workmen employed by the
contractor or his sub-contractor in execution of the work or to incur any expenditure
in providing welfare and health amenities required to be provided under the
aforesaid Act and the Rules or to incur any expenditure in providing welfare and
health amenities required to be provided under the aforesaid Act the Rules or to
incur any expenditure on account of the contingent liability of the RailTel due to
contractor‘s failure to fulfill his statutory obligations under the aforesaid Act or the
Rules the RailTel will recover from the contractor, the amount of wages so paid or
Page 118 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
the amount of expenditure so incurred, and without prejudice to the rights of the
RailTel under section 20, sub section (2) and section 2 sub-section (4) of the
aforesaid Act, the RailTel shall be at liberty to recover such amount or part thereof
by deducting it from the security deposit and/or from any sum due by the RailTel to
the contractor whether under the contract or otherwise. The RailTel shall not be
bound to contest any claim made against it under sub section (1) of section 20 and
sub section (4) of section 21 of the aforesaid Act except on the written request of the
contractor and upon his giving to the RailTel full security for all costs for which the
RailTel might become liable in contesting such claim. The decision of the RailTel
regarding the amount actually recoverable from the contractor as stated above shall
be final and binding on the contractor.

7.6.10.4 Reporting of Accidents to Labor

The contractor shall be responsible for the safety of all employees directly or
through petty contractors or sub-contractors employed by him on the works and shall
report serious accidents to any of them however and wherever occurring on the
works to the Engineer or the Engineer‘s representative and shall make every
arrangement to render all possible assistance.

7.6.10.5 Provisions of Workmen‟s Compensation Act

In every case, in which by virtue of the provision of section 12 sub section (1) of the
Workmen‘s Compensation Act, 1923, RailTel is obliged to pay compensation to
workman directly or through the petty contractor employed by the contractor or sub-
contractor, in executing the work, RailTel will recover from the contractor the
amount of the compensation so paid, and without prejudice to the right of RailTel
under section 12 sub section (2) of the said Act. RailTel shall be at liberty to recover
such amount or any part thereof by deducting it from the security deposit or from
any sum due by RailTel to the Contractor whether under these conditions or
otherwise, RailTel shall not be bound to contest any claim made against it under
Section 12, Sub Section (1) of the said Act except on the written request of the
contractor and upon his giving to RailTel full security for the all costs for which
RailTel might become liable in consequence of contesting such claim.

7.6.11 Determination of Contract

Right of RailTel to determine the contract: The RailTel shall be entitled to


determine and terminate the contract at any time, should in the RailTel‘s opinion, the
cessation of the work becomes necessary owing to paucity of funds or from any
other cause whatever, in which case the value of approved materials at site and of
work done to date by the Contractor will be paid for in full at the rate specified in the
contract. Notice in writing from the RailTel of such determination and the reasons
thereof shall be conclusive evidence thereof.

Payment on determination of contract: Should the contract be determined under


sub clause (1) of this clause and the Contractor claims payment for expenditure
incurred by him in the expectation of completing the whole of the work, the RailTel
shall admit and consider such claims as are deemed reasonable and are supported by
Page 119 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
vouchers to the satisfactions of the Engineer. The RailTel‘s decision on the necessity
and property of such expenditure shall be final and conclusive.

The contractor shall have no claim to any payment of compensation of otherwise,


however on account of any profit or advantage which he might have derived from
the execution of the work in full but which he did not derive in consequence of
determination of contract.

7.6.12 TERMINATION OF CONTRACT OWING TO DEFAULT OF


CONTRACTOR:

As per clause 4.A.30, Chapter-4A of tender document.

7.6.13 RIGHT OF RAILTEL AFTER TERMINATION OF CONTRACT OWING


TO DEFAULT OF CONTRACTOR :

a) The contractor shall have no claim to compensation for any loss sustained by him by
reason of his having purchased or procured any materials or entered into any
commitments or made any advances on account of or with a view to the execution of
the works or the performance of the contract and contractor shall not be entitled to
recover or be paid any sum for any works thereto not actually performed under the
contract, unless or until the Engineer shall have certified the performance of such
work and the value payable in respect thereof and the Contractor shall only be
entitled to be paid the value so certified.

b) The Engineer or Engineer‘s Representative shall be entitled to take possession of any


materials, tools, implements, machinery or buildings on the works or on the property
on which these are being or ought to have been executed, and to retain the employ
the same in further execution of the works without the contractor being entitled to
any compensation for the use and employment thereof or for wear and tear or
destruction thereof.

c) The Engineer shall, as soon as may be practicable after removal of the contractor fix
and determine expert or by or after reference to the parties or after such investigation
or enquiries as he may consider fit to make or institute and shall certify what amount
(if any) has at the time of termination of the contract been reasonably earned by or
would reasonably accrue to the Contractor in respect of the work then actually done
by him under the contract what was the value of any unused or partially use
materials, any constructional plants and any temporary works upon the site. The
legitimate amount due to the contractor after making necessary deductions and
certified by the Engineer should be released expeditiously.

7.6.14 SETTLEMENT OF DISPUTE AND ARBITRATION:-

 Any dispute or difference whatsoever arising between the parties out of relating to
the construction, meaning, scope, operation or effect of this contract or the validity
Page 120 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
or the breach thereof shall be settled by a sole arbitrator in accordance with
provisions contained in Arbitration and Conciliation Act, 1996 as amended and the
award made in pursuance thereof shall be binding on the parties. The venue of such
arbitration or proceedings thereof shall be New Delhi.

 All arbitration proceedings shall be conducted in English. Resources against any


Arbitral award so rendered may be entered into court having jurisdiction or
application may be made to such court for the order of enforcement as the case may
be.

 The arbitral tribunal shall consist of the sole Arbitrator if the value of claim is upto
Rs. 10 lakhs. The arbitrator will be appointed by the Managing Director of RailTel
Corporation of India Ltd. If the value of claim or amount under dispute is more than
Rs. 10 lakhs, the matter shall be referred to the adjudication of arbitral council.
Managing Director/RailTel shall furnish a panel of three names to the contractor, out
of which the contractor will recommend one name to be his nominee and then
Managing Director/RailTel shall appoint out the panel, one name as RailTel‘s
nominee and these two arbitrators with mutual consent appoint a third arbitrator who
shall act as deciding. The award of sole arbitrator or Arbitral council, as the case
may be, shall be final and binding on both the parties, i.e. contractor and RailTel
Corporation of India Ltd.

 Each of the parties agree that no withstanding that the matter may be referred to
Arbitrator as provided therein, the parties shall nevertheless pending the resolution
of the controversy or disagreement continue to fulfill their obligation under this
agreement so far as they are reasonably able to do so.

(End of Chapter- 7)

Page 121 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Annexure-I

I. Any bidder from a country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with the Competent Authority [The Competent
Authority for the purpose of registration under this Order shall be the Registration
Committee constituted by the Department for Promotion of Industry and Internal Trade
(DPIIT)].

II. ―Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain
contexts) means any person or firm or company, including any member of a consortium
or joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency branch or office controlled by such person,
participating in a procurement process.

III. "Bidder from a country which shares a land border with India" for the purpose of this
Order means: -
1. An entity incorporated, established or registered in such a country; or
2. A subsidiary of an entity incorporated, established or registered in such a
country; or
3. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
4. An entity whose beneficial owner is situated in such a country; or
5. An Indian (or other) agent of such an entity; or
6. A natural person who is a citizen of such a country; or
7. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.

IV. The beneficial owner for the purpose of (III) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the


natural person(s), who, whether acting alone or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control through
other means. Explanation-

a. "Controlling ownership interest" means ownership of or entitlement to more than


twenty-five per cent. of shares or capital or profits of the company;

b. ―Control" shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
Page 122 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner


is the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;

5. In case of a trust, the identification of beneficial owner(s) shall include identification


of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.

6. An Agent is a person employed to do any act for another, or to represent another in


dealings with third person.

7. The successful bidder shall not be allowed to sub-contract works to any contractor
from a country which shares a land border with India unless such contractor is
registered with the Competent Authority.

Certificate to be given by the Tenderer:

"I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India; I certify that I am not from such a
country or, if from such a country, I have been registered with the Competent
Authority. I hereby certify that I fulfill all requirements in this regard and I am
eligible to be considered. [Where applicable, evidence of valid registration by the
Competent Authority shall be attached.]"

Certificate to be given by Tenderer for Works involving possibility of sub-contracting:


"I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors
from such countries; I certify that I am not from such a country or, if from such a
country, I have been registered with the Competent Authority and will not sub-
contract any work to a contractor from such countries unless such contractor is
registered with the Competent Authority. I hereby certify that I fulfill all requirements
in this regard and I am eligible to be considered. [Where applicable, evidence of valid
registration by the Competent Authority shall be attached.]"

Page 123 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Annexure-II (A)
Network Topology

Access Muxponder Network Topology:

Via Renugunta

AJJ
Katpadi
MAS

Jolarpet

CGL

Bangarpet
Via YNK
Via Salem

Villupuram

SBC
TPJ

Page 124 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Rohtak
UMB

NDLS
RE
JP
SRE

GZB
MTJ
Kota

MB
ADI Agra

Godhra CNB
JHS
LKO
v
Ratlam
Pratap ALD
BSB
Nagar BINA

MGS

BPL
Surat
Katni

ITARSI

Vasai BSL Akola

Manmad Parbhani

MX
Kurduwadi
Pune WADI
Solapur
Panvel

Miraj
Ballari GTL
Gadag
LD
Madgaon Hubli

Chikjajur ASK

Mangalore
HASSAN SBC
Page 125 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Annexure-II (B)
Access Muxponder Network:
No of 100G Existing DWDM
SN Name of Location
Muxponder system System

1 ROK 1 TEJAS
2 RE 1 ADVA, TEJAS
3 JP 1 ADVA, TEJAS
4 NDLS 2 TEJAS
5 UMB 1 TEJAS
6 ADI 1 ADVA, TEJAS
7 KOTA 1 ADVA, TEJAS
8 MTJ 1 ADVA
9 SRE 1 TEJAS
10 GZB 1 TEJAS
11 AGC 1 TEJAS
12 PRATAP NG 1 TEJAS
13 GODHRA 1 ADVA
14 RATLAM 1 ADVA
15 BPL 1 TEJAS
16 JHS 1 TEJAS
17 BINA 1 TEJAS
18 CNB 1 TEJAS
19 MB 1 TEJAS, CORIANT
20 ALD 1 TEJAS
21 LKO 1 TEJAS
22 MGS 1 TEJAS
23 BSB 1 TEJAS, CORIANT
24 SURAT 1 TEJAS
25 BSL 1 ADVA, TEJAS
26 ITARSHI 1 ADVA, TEJAS
27 KATNI 1 ADVA, TEJAS
28 VASAI 1 TEJAS
29 MX 1 ADVA, TEJAS
30 PUNVEL 2 ADVA, TEJAS
31 MANMAD 1 ADVA
32 PARBHANI 1 ADVA

Page 126 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
33 AKOLA 1 ADVA
34 PUNE 1 ADVA, TEJAS
35 KURDUWADI 1 ADVA
36 SOLAPUR 1 ADVA
37 WADI 1 ADVA
38 MIRAJ 1 ADVA, TEJAS
39 LD 1 ADVA, TEJAS
40 HUBLI 1 ADVA, TEJAS
41 GADAG 1 ADVA
42 BALLARI 1 ADVA
43 GTL 1 ADVA
44 CHIKJAJUR 1 ADVA
45 ASK 1 ADVA, TEJAS
46 MANGLORE 1 ADVA, TEJAS
47 MADGAON 1 ADVA, TEJAS
48 HASSAN 1 ADVA, TEJAS
49 SBC 1 ADVA, TEJAS
50 AJJ 1 ADVA
51 MAS 1 ADVA, TEJAS
52 JOLARPETTAI 1 ADVA
53 CGL 1 ADVA
54 BANGARAPET 1 ADVA
55 SBC 1 ADVA, TEJAS
56 TPJ 1 ADVA, TEJAS
57 VILLUPURAM 1 ADVA
58 KATPADI 1 ADVA
Total 60

Page 127 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Annexure-III

1. Date of Testing:

2. Bidder Name:

3. OEM Name:

4. Section for Testing:

5. Network Inventory offered by Bidder:

S.N. Bill of Material to be used for Qty OEM Part No Serial Nos
testing
1
2
3
4
5
6
7
8

6. Test case for Access Muxponder System

6.1. 48-hours test using the RFC 2544 standard (“RFC 2544 Test”)

Description
RFC 2544 Test
Protection mechanism offered by OEM (Client/Path/Line)
Expected Results Result
For client services pass the RFC 2544 test error free PASS/FAIL
Traffic Type: Ethernet
Throughput: 100Gbps
Frame Loss: 0.01%
Comments

Duration 48h

6.1.1 Test Setup

Proposed chassis equipped with Traffic module and client plug for client port, and filter
and amplifier modules as per link design.

Test set for 100GbE BER test (if offered protection type single Channel Line
protection/Path Protection/Client Protection then test set up to be added as per offered
no. of protection scheme).
Page 128 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
100GChannel is protected within all DWDM rings using Single channel Client
Protection. The schematic representation of the scheme is as follows:

6.1.2 Test Procedure

1. Provision 100GbE services at a 100Glink according to the design. Provision


amplifiers parameters and filters according to the design.
2. Commission the link. Verify that the power levels for all client and network
interfaces are in range, FEC level is acceptable, and the client traffic runs error free
in a short-term test – 5 to15 minutes.
3. Run the 48 hours RFC test long-term test for 100GbE client service: Traffic is
running error free.
4. Record the results consisting of
a) Throughput Test
b) Frame Loss
c) Latency
5. Test to be done for all frame lengths including jumbo frame more than 9200 size.
6. Test to be done for any of free frequency available in the chosen section.
7. Observe in the tester / PM counters on card, there should not be any error.

6.2 Power supply Protection:

Description
Power down one side of the shelf (disconnect mains from one PSU) and show that services
continue to run. Power is supplied to the shelf from only one power supply (PSU).
Expected Results Result
Traffic should not impact and no Error should be reported on tester during PASS/FAIL
this event.
Comments

Duration 10 in

6.2.1 Prerequisites

Shelf is power on with dual power supply.

Page 129 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
6.2.2 Test Procedure

Power down one side of the shelf (disconnect mains from one PSU) and show that
services continue to run. Power is supplied to the shelf from only one power supply
(PSU).

6.3 The Failure of controller card non-traffic affecting:

Description
The purpose of this test is to verify failure of controller card is non-traffic affecting
Expected Results Result
Controller module removed without impacting traffic on the BERT PASS/FAIL
testers and no Error should be reported on tester during this event.
Comments

Duration 30min

6.3.1 Test Procedure


1. Setup the system as shown the network topology.
2. Configure the Traffic cards and rung the traffic using the BERT tester.
3. Remove the controller module and check the traffic status on the both the BERT
testers.

6.4 Traffic Protection Test (LOS (Fiber Cut))& Signal Degrade/ Pre-FEC BER Signal
Failure):

Description
a. The signal should switch to protection path in case of LOS or fibre cut within 50ms and no
traffic interruption except the switching duration.
b. The signal should switch to protection path in case of Signal Degrade/ Pre-FEC BER Signal
Failure and no traffic interruption except the switching duration.

Protection mechanism offered by OEM (Client/Path/Line)


Expected Results Result
1. Switching time should be within 50ms on the both side BERT Testers PASS/FAIL
in case of LOS or fibre cut.
2. Protection switching should be triggered in case of Pre-FEC BER
Signal failure / Degrade signal failure.

Comments

Duration 30min

6.4.1 Test Setup

Proposed chassis equipped with Traffic module and client plug for client port, and filter
and amplifier modules as per link design in offered solution.

Test setup for 100GbE/OTU4BER test.

Page 130 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
6.4.2 Test Procedure (LOS or Fiber Cut)

1. Provision 100GbE services at a Traffic link according to the design. Provision


amplifiers parameters and filters according to the design.
2. Commission the link. Verify that the power levels for all client and network
interfaces are in range, FEC level is acceptable, and the client traffic runs error free
in a short-term test 5 to 15 minutes.
3. Configure the Single channel line protection/Path protection/Client on the Traffic
module based on solution offered in bid.
4. Perform the logical switching (Tx off) and check switching time on BERT testers.
5. Test to be done for any of the available free wavelengths on chosen section.

6.4.3 Test Procedure (Signal Degrade/ Pre-FEC BER Signal Failure)

1. Provision 100GbE services at a Traffic link according to the design. Provision


amplifiers parameters and filters according to the design.
2. Commission the link. Verify that the power levels for all client and network
interfaces are in range, FEC level is acceptable, and the client traffic runs error free
in a short-term test 5 to 15 minutes.
3. Configure the Single channel line protection/Path protection/Client on the Traffic
module based on solution offered in bid.
4. Perform the variable attenuation (variable attenuator to be placed before pre-amp in
work path) and check switching time on BERT testers.
5. During Perform of variable attenuation Conditions, Traffic bit error either be
corrected on work path or switch to Protection path. Attenuation may be increase up
to the value of switching condition. Client traffic should run error free except the
switching duration.
6. Test to be done for any of the available free wavelengths in chosen section.

6.5 Line port post FEC BER (24 Hrs) for all the 100G Interface:

Description
Configure the end-to-end service with line rate 100G
Expected Results Result
Measure and capture the post-FEC BER value from PM logs of Line port PASS/FAIL
or from the connected Ethernet Tester after completion of first 24Hrs RFC
test. Record the value and it should be equal or greater than 10-15 in case
of PM logs of Line port or it should be ―0‖ in case of BER value from
Ethernet Tester.

Measured value:
Comments

Page 131 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST
Note:I-Alien wavelength should be designed without impacting existing channel however few
tuning(Amplifier Gain, tilt.) allowed for optimization .In case amplifier parameters is required to
be change then RailTel Regional NOC will arrange the required changes.

Note:II-RailTel Regional NOC will arrange the end to end tested frequency.

Signature of Signature of
OEM‟s Representative RailTel‟s Representative

(END OF TENDER DOCUMENT)

Page 132 of 132

Digitally signed by SAVITA


Date: 2023.07.24 12:58:44
IST

You might also like