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BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE)

Office of the Chief General Manager

NE-II Telecom Circle, Dimapur

BID DOCUMENT

FOR

“RF OPTIMIZATION OF GSM NETWORK

OF

NE-II TELECOM CIRCLE”

Tender No. CGMT/NE-II/CMTS/RF-OPT/2009-10/07 Dated: 04-09-2009

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NIT NO: CGMT/NE-II/CMTS/RF-OPT/2009-10/07 Dated: 04-09-2009 Document No

Issued to

Total Number of Pages of Document (including this page)

42

Date of Issue

Signature of Issuing Officer

1. Bid Validity -150 days from date of opening 2. Bid Security Validity -180 Days from the date of Tender Opening.

Price: Rs. 1000/- (inclusive of 12.5% Sales Tax)

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RF OPTIMIZATION OF GSM NETWORK IN NE-II TELECOM CIRCLE SECTION CONTENTS PAGE NUMBER

I Notice Inviting Tender 4 II Instruction and General Guidelines to Bidder 5 Submission of BID 5 EMD 6 Security Deposit 7 Award of Work 8 Payment 8 Penalty 9 Letter of Intent 9 Termination 9 III Scope of work 10 KPI 10 Job Schedule 10 Project Plan 11 Training 13 IV Payment Details 14 Penalty Clause 14 V Special Conditions for The Tender 15 Damage/Loss of Property 16 Terminology Definitions & Test Methodology 16 VI Labour Welfare & Compensations 23 Annexure I Name of the SSA/ No of BTSs in Districts 25 Annexure II Price Schedule 26 Annexure III BID FORM 28 Annexure IV Letter of Authorization for attending Bid Opening 29 Annexure V Profile of the Bidder 30 Annexure VI Experience Certificate 32 Annexure VII Certificate to be given by the Vendor 33 Annexure VIII AGREEMENT 34 Annexure IX Performance Guarantee Bond Form 38 Annexure X Pre receipt 39 Annexure XI Certificate 40

Annexure XII Indicative Check List 41

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SECTION –I

NOTICE INVITING TENDER

Sealed tenders are invited by Chief General Manager NE-II Telecom Circle, Dimapur on behalf of BSNL for “RF Optimization of GSM network in NE-II TELECOM CIRCLE”. 1. Eligibility Conditions: a) Company should be registered in India. The activities of the company should cover RF optimization of GSM network related to telecom services. b) The bidder must possess experience of at least TWO YEARS for successful execution of above or similar job in INDIA. Certificate in this regard must be submitted along with the bid in the format vide Annexure VI. c) The Annual Turn Over of the firm should be at least Rs. TWO crores or above. A certificate from a registered Chartered Accountant or Audited copy of Annual Report is to be submitted along with bids. Bids without due certificate shall be liable for rejection. d) The company should have valid registration certificate for engagement of skilled /unskilled labour with the Department of Labour Commissioner. e) The prospective bidder should have valid Service/Trade tax registration with government. 2. Approx. value of the Tender – Rs. 25 Lakhs. 3. Schedule for invitation of the Bid: Bid No. : CGMT/N E-II/CMTS/RF-OPT/2009- 10/07 Dated: 04-09-2009 Sale of Bid forms: Bid forms can be had from AGM (NW-OP), O/o CGMT, BSNL, NE-II CIRCLE, OCB Tele. Exch. Building Dimapur-797112 on any working day up to 15:00 Hrs of 06-10-2009 on production of cash receipt in original for payment of Rs.1000/- (towards cost of bid document, non refundable) from “A.O. Cash, O/o CGMT, BSNL, NE-II CIRCLE, OCB Tele. Exch. Building, Dimapur-7971 12. Bid document can also be downloaded from our web site www.ne2.bsnl.co.in. However in such case, bidder has to submit Demand Draft for Rs. 1000/-, (towards cost of the Bid Document, non refundable) in favour of “A.O. Cash, O/o CGMT, BSNL, NE-II CIRCLE, OCB Tele. Exch. Building, Dimapur-7971 12", (along with EMD), and certificate as per Annexure XI, without which the bid will be summarily rejected.

Submission of Bid Form Up to 1500 Hrs of 07-10-2009

Opening of Bid (Technical Bid) 1600 Hrs on 07-10-2009

Venue of Opening Conference Hall, O/o CGMT, BSNL, NE-II Circle, Dimapur EMD for Rs.50,000/- as per details given in the Section II Clause 2.0 of the bid document, to be deposited in the form of DD drawn in favour of “A.O. Cash, O/o CGMT, BSNL, NE-II CIRCLE, OCB Tele. Exch. Building, Dimapur-797112", Note: Bids received after due date and time shall not be entertained under any circumstances. The Chief General Manager, NE-II Circle, on behalf of BSNL reserves the right to reject any or all Bids without assigning any reasons whatsoever. It is also not binding upon him to accept the lowest bid. AGM (NW-OP) O/o CGMT, NE II Circle, Dimapur-797112

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SECTION –II

INSTRUCTIONS AND GENERAL GUIDELINES TO BIDDERS 1.0 Submission of Bid 1.1 The Bid is to be submitted in wax sealed envelope or sealed with adhesive tape as per details given below: 1.1.1 The 1st Envelope is marked with “TECHNICAL BID” and contains the following items: (i) EMD (Demand Draft/Bank Guarantee) (ii) The Bid Form in Annexure-III. (iii) Profile of the Bidder in Annexure-V. (iv) Clause by clause compliance of the bid conditions in prescribed format for the clauses, defined in various Sections of the bid document – original bid document duly signed in all pages by bidder or his/her authorized representative. (v) Self Attested Copies of Memorandum of Association or Partnership deed, (if not proprietary firm) (vi) Power of attorney in favour of signatory signing the offer and tender documents (vii) Requisite experience certificates as per eligibility criteria spelt out in NIT (Annexure VI) (viii) Copy of PAN Card, Service Tax Registration certificate. (ix) License from/Registration particulars with Labour Commissioner. Reference. Copy to be given. (x) Audited copy of latest & valid annual report or certificate from Chartered Accountant as proof of meeting Annual turnover criterion spelt out in NIT (xi) Near relations certificate (Annexure-VII) Technical bids not containing the above will be treated as unresponsive and will be summarily rejected. 1.1.2 The 2nd Envelope marked with “FINANCIAL BID” and containing the “Price Schedule(s)” (Annexure II) duly filled up. 1.1.3 The two envelopes with clear marking of ‘Technical Bid’ and ‘Financial Bid’ are to be placed inside an ‘ Outer Envelope’ and properly sealed (sealed with WAX or with adhesive tape). The Bids received in covers not properly sealed (sealed without WAX or without adhesive tape) shall not be opened or considered and will be summarily rejected. 1.1.4 The Outer Envelope should bear the following: NIT NO: CGMT/NE-II/CMTS/RF-OPT/2009-10/07 Dated 04-09-2009 “RF OPTIMIZATION OF GSM NETWORK IN NE-II CIRCLE” and will be addressed to The AGM (NW-OP), O/o CGMT, NE-II Circle, OCB Exchange Building, Dimapur-797112. 1.1.5 The full name and address of the Bidder should be written on the bottom left corner of each of the envelope i.e., Technical Bid, Financial Bid and Outer Envelope. 1.2 Bids are to be submitted in person, in the Bid Box placed in the chamber of AGM (NW-OP) O/o CGMT, BSNL NE-II CIRCLE, OCB Tele. Exch. Building, Dimapur-797112. Bids shall also be accepted through registered posts sent to AGM (NW-OP), O/o CGMT, BSNL NE-II CIRCLE, OCB Tele. Exch. Building Dimapur-797112, if received on or before scheduled date & time. 1.3 For any delay in receipt of bids (either in person or through registered post), up to scheduled time & date by the designated authority, BSNL shall not be responsible and bids shall not be opened under any circumstances. Decision of Tender Opening Committee in this regard shall be final. 1.4 The Bidder or his authorized signatory should certify and affix his signature and firm’s seal on each & every page of the Bid Document on the place specified and return it in original along with his offer, as a token of his acceptance of each of the condition specified in the Bid document. 1.5 In case of any deviation/change in originally submitted bid document, post facto offer submitted shall be liable for rejection.

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1.6 Technical & Financial Bids should be placed in separate envelope with clear marking. Financial Bid shall be opened only for the bidders who are found successful in technical bid evaluation.

1.7 The Bidder is expected to examine all instructions, forms, specifications, terms and conditions in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the Bidder’s risk and shall result in rejection of the bid. 1.8 CLARIFICATION OF BID DOCUMENTS A prospective Bidder, requiring any clarification of the Bid Documents shall notify the Purchaser in writing or by Fax at the Purchaser’s mailing address indicated in the invitation for Bids. The Purchaser shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 15 days prior to the date for the submission of bids. Copies of the query (without identifying the sources) and clarifications by the Purchaser shall be sent to all the prospective Bidders who have received the bid documents. 1.9 AMENDMENT OF BID DOCUMENTS/ MODIFICATION AND WITHDRAWAL OF BIDS 1.9. a. At any time, prior to the date for submission of bids, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bid documents by amendments. The amendments shall be notified in writing or by FAX to all prospective bidders on the address intimated at the time of purchase of bid document from the purchaser and these amendments will be binding on them. 1.9.b. In order to afford prospective bidders a reasonable time to take the amendments into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids suitably. 1.9.c. The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by the purchaser prior to the deadline prescribed for the submission of the bids. No bid shall be modified subsequent to the deadline for submission of bids. 2.0 Earnest Money Deposit (EMD/Bid Security) 2.1 Earnest Money will be Rs. 50,000 / (Rs. Fifty Thousand only) EMD shall be paid in the form of Bank Draft from any Nationalized Bank, payable at Dimapur, in favour of Accounts Officer (Cash), O/o CGMT, BSNL, NE-II Circle, Dimapur, No interest shall be paid on the EMD to the Bidder. EMD can be submitted also in the form of BG issued by a schedule Bank in favour of the said officer. 2.2 The EMD of Unsuccessful Bidder will be refunded within reasonable time after finalization of the Bid, normally within three months from the date of opening of Bids. 2.3 The EMD of successful Bidder may be adjusted towards security deposit for the due fulfillment of the contract but shall be forfeited if the Bidder fails to sign the agreement.

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3.0 Security Deposit (SD) 3.1 Security Deposit will be 10% of the Tender Value. 3.2 The Security Deposit shall be in the form of Bank Guarantee issued by a Nationalized Bank (Vide proforma Annexure IX attached) or Demand Draft in favour of Accounts Officer (Cash), O/o CGMT, BSNL, NE-II Circle, Dimapur 3.3 The security deposit should be deposited within 14 days from the date of issue of LOI/APO and shall be valid for a period of 18 months from the date of signing of agreement. Failure to submit the SD within the specified date may lead to forfeiture of the EMD. 3.4 Security Amount deposited in this office for any other Bid will not be adjusted against this Bid. Amount of security deposit shall be refunded after six months of the successful completion of the contract and subject to full and final settlement of the bill for the services. 3.5 No interest will be paid on the security deposit or any amount payable by the agency under the contract. 4.0 BIDDING PROCESS & EVALUATION 4.1 4.2

There will be two stage bidding. Technical bids shall be opened first and bidders who are found eligible in technical bid evaluation shall be considered for opening of their financial bids. The date and time for opening of financial bid shall be communicated to all those bidders who are found eligible in technical bid evaluation. The price should be quoted in the Proforma as per Annexure II The bidder shall quote rates individually. If a group of bidders quote the same rate, it will be taken that the bidders have formed a cartel. In normal case, the offers from the bidders in cartel will be ignored. In other extreme case when it is not practicable to ignore such offers, the ranking will be carried out based on the performance of such firms in the recent years for the item under tender against POs placed by DOT/BSNL/MTNL, any circle of DOT/BSNL/MTNL or PRIVATE Mobile Operators. The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

The Purchaser reserves the right to COUNTER OFFER price(s) against price(s) quoted by any bidder 4.3 Selection of the bidder shall be done based on their price ranking arrived in financial evaluation of the bid. The work will be awarded to single eligible bidder viz. L1 bidder, based on total costs quoted. 4.4 The Purchaser may, at its discretion, extend this deadline for the submission of bids in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline will hereafter be subject to the deadline as extended 4.5. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids, the Purchaser may, at its discretion ask the Bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However, no post bid clarification at the initiative of the Bidder; shall be entertained.

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4.6 PRELIMINARY EVALUATION: Purchaser shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. Arithmetical errors shall be rectified on the following basis. 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. If there is a discrepancy between words and figures, the amount in words shall prevail. If the Vendor does not accept the correction of the errors, his bid shall be rejected. Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without any deviations. The Purchaser’s determination of bid’s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence. A bid, determined as substantially non-responsive will be rejected by the Purchaser and shall not subsequent to the bid opening be made responsive by the Bidder by correction of the non-conformity. 4.7 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such waival, does not prejudice or affect the relative ranking of any Bidder. 5.0 Rejection of Bid 5.1 CGMT, NE-II Circle, Dimapur, reserves the right to accept or reject any Bid in full or part without assigning any reason. 5.2 Incomplete / Conditional Bids /Unresponsive and Bids without EMD shall be rejected. 5.3 Any Bid / offer not submitted, as required in the bid document, are liable to be rejected.

5.4 The Bidder should certify and affix his signature and firm’s seal on each & every page of the Bid document on the place specified and returns it in original along with his offer, as a token of his acceptance of each of the condition specified in the Bid document. Unsigned Bids shall not be accepted. Tampered Bid documents are liable to be rejected 6.0 Validity 6.1 The offer of Bidder shall remain valid for acceptance up to a period of 180 days from the date of opening of Bid (opening date inclusive).

6.2 The approved rate shall remain valid for a period of one year, from the date of signing of agreement. However BSNL reserves the right to extend it further for a period of one year or part thereof on same terms and conditions.

6.3 If the performance of the bidder is not satisfactory then the agreement can be terminated by BSNL after giving one month’s notice.

7.0 AWARD OF WORK Work shall be awarded to successful bidder after signing of agreement and depositing of performance security amount as per clause 3.0. above. 8.0 Payment Payment shall be made after successful execution of work order assigned to the successful vendor by the BSNL details as mentioned in Section IV.

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9.0 Penalty In case of non execution or delayed execution or partial execution of any or all assigned works, penalties shall be imposed as per details given in Section IV of bid document. 10.0 Disputes & Arbitration Clause 10.1 In the event of any question, dispute(s) differences arising under this agreement or in connection there with the same shall be referred to the sole arbitrator i.e. Chief General Manager, NE-II Telecom Circle (hereinafter referred to as said officer) or any person nominated by him. 10.2 There will be no objection to any such appointment that the ARBITRATOR is a government servant or BSNL employee. If however, the arbitrator is a government servant or BSNL employee, he will not be one who had an opportunity to deal with the matter to which the agreement related during the course of his duties and he has expressed his view, on all or any of the matter in dispute or difference. 10.3 The award of the arbitrator shall be final and binding on both the parties. 10.4 Subject to the aforesaid provisions, the Arbitrator and Conciliation Act 1996 and the rules made there under and any stipulation/ modification for the time being in force shall be deemed to apply to the Arbitration proceedings under this clause. 10.5 That in case of any dispute under this agreement the courts at DIMAPUR alone will have the exclusive jurisdiction. 11.0 Letter of Intent 11.1 The successful Bidder shall be issued Letter of Intent (LOI) or Advance Purchase Order (APO). He/She shall have to give his unconditional acceptance within 14 days of issue of LOI along with Security deposit. 11.2 After submission of above documents, BSNL will enter in to contract agreement with the Bidder as per Annexure VIII. 11.3 If he fails to comply, all provisions of LOI within 14 days as per abovementioned guidelines, BSNL shall reject his bid and shall be entitled to forfeit his EMD money. 12.0 Termination The BSNL reserves the right to revoke the contract at any point of time on the breach of any terms and conditions contained in bid/ agreement therein by giving a seven days notice. Notwithstanding anything contained anywhere else in the agreement BSNL’s decision shall be final and binding in this respect.

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SECTION –III

1.0 Scope of Work BSNL NE II Telecom Circle expects recommendations and its implementation to achieve KPI (as mentioned in clause 1.1 vii) within its license area in a given time frame and there on maintenance of KPI till the validity of this contract. 1.1 Network Optimization to achieve targeted KPI should involve following activities i. Study QOS of all existing sites/Network through OMCR/OMCS data and inputs collected from Drive

Test & Survey for M/s. Nortel BTSs and M/s. Ericsson BTSs. ii. Submission of recommendations BTSs wise /Cluster wise for both Software (RF Data ) as well as

Hardware ( Addition of new site , Change of Antenna height, Orientation/Tilt, Change of feeder cable height & AMF etc.) to achieve the targeted KPI as fixed by BSNL and other similar agency such as TRAI.

iii. Implementation of recommendations after getting approval from BSNL. iv. Study & analysis of cluster performance for the achievement of targeted KPI. v. Acceptance testing of the optimized Cluster/Network by the BSNL representative.

vi. Maintenance of target KPI till the validity of agreement. vii. Threshold value of KPI as mentioned below should be taken for reference everywhere in this document.

The threshold value defined against the KPI’s are for busy hours. KPI Threshold Value

Block Call Rate i. SDCCH Congestion ii.TCH Congestion

Less than or equal to 1% Less than or equal to 2%

Call Drop Rate– SDCCH Call Drop Rate- TCH

Less than or equal 2% Less than or equal 1%

Hand Over Success Rate Greater than or equal to 95%

Call setup success Rate Greater than or equal to 95%

Rx Qual 0-4 shall be greater than 95%

Service access delay Between 9-20 seconds depending on number of paging attempts(Average of 100 calls <= 15 seconds)

C/I Greater than 12

Note: TRAI/BSNL documentation for KPI definition is applicable to the above parameters 90 % of BTS & overall city should meet above criterion 2.0 Job Schedule 2.1 To Study QOS and performance by analyzing OMCR data and conducting pre optimization drive test of all existing sites District wise within six weeks of award of work order. 2.2 The tenderer should start the optimization work to achieve targeted KPI cluster wise immediately after

approval from BSNL. 2.3 The vendor should complete the optimization work to achieve the targeted KPI within 17 weeks from

the date of award of work. 2.4 Modifications regarding RF parameters, including Frequency planning or any other parameters necessary

to meet the targeted KPI and which does not include any field activities should be implemented through OMCR. The existing frequency planned and already working in the network is to be retained. However if any changes are needed in the network for specific sites, the same can be changed by the vendor in consultation with BSNL.

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2.5 Modifications involving any type of field activity should be implemented after getting approval for the same, for the all existing sites.

2.6 During the contract period if KPI of any BTS or cluster deteriorates the tenderer should take prompt

action (within 24 hours) to maintain the KPI. 2.7 After achieving KPI for complete network the Tenderer will maintain the KPI on the same level or

improve over the targeted KPIs till the contract is valid 2.8 Project Plan Vendor shall submit the project plan to meet the timelines. Prediction plots to be submitted by the Vendor (Before Optimization) Vendor shall also submit the coverage statistics/plot for RX Level, RX Qual and C/I., complete Database Audit and performance report. The data collection from the OMCR for measurement of performance metrics has to be on a Busy Hour basis. This has to be collected for all the days of the week and then averaged to measure against the committed values. OMCR Report Analysis (Before Optimization) Vendor shall extract the reports of paging congestion, LAPD congestion, LAC update failure, traffic on different codes on AMR enabled cell. Post Optimization Reports After optimization vendor shall process and provide the following data v C/I plots (as per changes incorporated in the network) v Rx Qual (as per changes incorporated in the network) v Rx Level (as per changes incorporated in the network) v Vendor shall propose additional sites to meet the coverage and quality requirement v Call statistics as mentioned in the Section III, Clause 1.1 v Complete Database Audit and performance report v Any additional changes that can bring improvement to the performance of the network shall be

recommended by the vendor. Note: During optimization Vendor shall take into account sites located at the border of the city/town. Database changes v Vendor shall carryout all the necessary changes on OMCR in consultation with the Original supplier

M/s. Nortel and M/s. Ericsson. v Vendor shall be responsible to generate all the scripts to implement the required changes. v Vendor shall take the database dump and verify the sanctity and implement the changes in case of any

discrepancy.

.

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General Guidelines for Optimization Process and Network Monitoring Observation v Daily basis Observation including Busy Hour Traffic. v Background Data (3 weeks) needed for a reliable network behavior and performance evolution analysis. v Top- Down monitoring approach: Global level, BSC level, Cell level. Analysis v Main Performance & Configuration Management Parameters v Other investigations:

Operation and Maintenance Reporting Air/Abis/A Interface traces using TEMS, SAFCO, MA10, K12 Protocol Analyzer.

v Call Path Trace – Call Trace Analysis : To analyze radio or other issues Correction v Parameters Fine Tuning v HW failure reported to OAM v Radio connections, such as tilting antenna, changing frequency planning etc., v Network configuration modification : TRX addition etc., Validation • v Monitoring validation after corrective action to confirm no side effects or degradation on neighboring

cells (One week monitoring minimum) v Monitoring validation after corrective action to highlight improvement (One week monitoring minimum) This Process Cycle shall start again from the step Observation and continue up to Validation repeatedly for maintenance of KPI till the validity of this contract. Optimization Process Flowchart v Network Parameters Auditing etc. v Confirm Site & Antenna System Data etc. v Update Frequency Planning Tool etc v Ensure proper data fill of Handover Relations etc. v Routine Drive Test on Zone Basis and Analyzing the Results v Daily monitoring of QOS Indicators etc. v Setup a convenient follow up procedure etc.

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2.9 Training 3.1 The bidder shall provide training for a period of minimum 3 days, for about 40 candidates free of cost for

the Drive Test and Optimization, Post Processing Tool and implementation of the results in OMCR. These personnel shall be deployed as representatives of BSNL along with the bidder while carrying out the optimization work.

3.2 The training shall be done at the first stage once the LOI/APO is accepted by the bidder before

commencement of the actual work. 3.3 The bidder shall provide all training material and documents in hard copy and soft copy. 3.4 The training shall be at bidder’s premises.

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SECTION IV 1.0 PAYMENTS Payment shall be released after successful execution of work phase wise as mentioned below. 1.1 10% of the approved rate for each SSA shall be made after successful completion of the job schedule as

per the Section III Clause 2.1. 1.2 Next 30 % of the approved rate for each SSA shall be made after successful implementation of

recommendation made for physical as well as RF Parameters modifications or any other activity required to achieve the targeted KPI as per the Section III Clause 2.2.

1.3 The remaining 60% of the amount shall be paid in arrears, in three quarterly installments of 20% each

subject to fulfilling the condition vide Section III Clause 2.6. 1.4 All Payments shall be released only after getting satisfactory performance certificate from the concerned

DGM (Wireless) of the concerned SSA. 1.5 No additional payment shall be made to the vendor for the tendered work in case of change in number of

sites up to 10 % of the total sites as per Annexure 1. 1.6 If service is utilized for additional sites during the contract period exceeding 10% of sites as per Annexure I,

the payment will be done for additional sites on pro rata basis. 2.0 PENALTY CLAUSE Penalty shall be imposed in case of non or partial or delayed performance of works with in stipulated time frame as mentioned below. 2.1 Penalty for the delayed work beyond the time limit prescribed in Section III clause 2.3 shall be charged

@ 0.5% for every week or part thereof up to 10 weeks and 0.7% for each week or part thereof for next 10 weeks of approved rate for that particular SSA.

2.2 Penalty will be 10% of the approved rate in case any data is found to be manipulated or fabricated which includes

a) Non calibrated Mobiles, Old drive test tool etc. b) Data collection in fraudulent manner. c) Using unauthorized attachments to affect the data collection. d) Collecting data & Presenting after manipulation.

2.3 In case of any damages to BSNL property/ person while executing the job the entire cost of repair will be

recovered from the vendor 2.4 Penalty for incomplete work: The Bid security will be forfeited. Besides the vendor is liable to pay penalty

of 10% of the approved rate to the purchaser and Vendor will be blacklisted. Purchaser reserves the right either to short close/cancel this work order.

2.5 In case of bad optimization resulting in network failure /degradation, further work will be stopped and

the performance bank guarantee shall be invoked and adjusted towards losses incurred to the BSNL. The vendor will be blacklisted. The cost of re – optimization through third party shall be made good by the vendor.

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SECTION V

1.0 SPECIAL CONDITIONS FOR THE TENDER 1.1 Award of work will be done by DGM (NW-CM)) or any authorized representative of BSNL as decided

by the concerned GM (NW-CM), after successful execution of agreement and depositing due security amount/performance bank guarantee.

1.2 The bidder shall have to get these jobs executed by independent teams of skilled persons who should be

trained in the jobs to be handled and any further training of manpower required due to up gradation of technology would be sole responsibility of bidder.

1.3 The successful bidder would perform activities such as Link Balance Check, Performance monitoring,

parameter tuning, antenna modifications drive testing and any other related technical parameters 1.4 Any tools, hardware, software its license fee, registration charges, intellectual property right any type of

levy charged there on knowhow of tools to be used for the tendered job would be sole responsibility of successful bidder including drive Test vehicle.

1.5 BSNL in any case shall not be liable to any firm, organization, sister concern, any associates, employees of

successful bidder at any point of time at any place for any type of claim or compensation. 1.6 BSNL will provide access to OMCR/OMCS for the collection to the authorized person nominated by the

successful bidder. No remote access to BSNL data base shall be provided for any purpose and in any condition.

1.7 Any modification in the OMCR/OMCS data required to achieve the targeted KPI would be done by the

successful bidder in association/ as well consultation with original Equipment vendor (M/s. Ericsson and M/s. Nortel).

1.8 A report will have to be submitted cluster wise as well as BTS wise on weekly basis to concerned DGM

(NW-CM). BSNL may demand any comprehensive report in desired format at any point of time during the validity of agreement.

1.9 Maintenance of record, logs and data base would be sole responsibility of successful bidder. 1.10 Any addition of new site to achieve the targeted KPI would be the responsibility of BSNL subject to the

availability of resources with BSNL. In case BSNL is not able to provide the additional resources to cover the black holes, relaxation of technical requirements may be considered on case to case basis subject to the furnishing of necessary technical documents/statistics in support. A committee appointed for this purpose shall recommend for relaxation to GM (NW-CM) for consideration and approval.

1.11 There may be some locations/BTSs where targeted KPI are not achievable during busy hour due to heavy

congestion. In these cases measurement of KPI will be taken in some other hours when traffic is less .The hours so chosen when the traffic will be 90 % of rated equipment capacity. This will be finalized in consultation with DGM (NW-CM), BSNL.

1.12 The Agency shall not engage any BSNL employee (Regular/Casual) for getting his job executed. If at

any stage it is found doing so, then the GM (NW-CM) has the right to impose any suitable penalty even to the extent of termination of the contract leading to the forfeiture of security money.

1.13 The BSNL shall not take any responsibility of providing any facility to the labourers employed by the

agency. BSNL shall not supply any support material for the livelihood of person employed for tendered work.

1.14 The bidder shall be responsible for the safety & security of their employees and also the equipment

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installed at the station. In case of any damages to BSNL property/ person while executing the job the damages shall be recoverable from the vendor (Section V Clause 2). The bidder should comply all the labour law introduced by the State Government as on date.

1.15 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an

integral part of Bid documents and it may amount to amendments of relevant clauses of the Bid document.

1.16 During the validity of tender BSNL may expand the Network by adding BTS in which case the Vendor

shall re-optimize the Network as and when intimated by BSNL operation wing. The Payments for re-optimization shall be governed by Sec IV Clause 1.5 and Clause 1.6.

1.17 The BSNL reserves the right to add/delete some District/Place from the scope of work given in

Annexure 1 and Annexure 2. However for addition of places payment will be made on pro rata basis taking into account the total number BTSs optimized against this tender.

1.18 In the event of the contractor, winding up his company on account of transfer or merger of his company

with any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagement of the contractor under this contract and be subject to his liabilities there under.

1.19 In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having

received order or other order under insolvency act made against him or in the case of company, of the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the contractor failing to comply with any of the conditions herein specified, The GM (NW-CM) shall have the power to terminate the contract without any notice.

1.20 Whenever any claims against the contractor for the payment of a sum of money arises out of or under

the contract, the BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor, and to sell any Government promissory notes etc., forming the whole or part of such security or running / Final bill pending against any contract with the department. In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time there after may become due to the contractor under this or any other contract with the BSNL should this sum be not sufficient to cover the full amount recoverable the contractor shall pay to BSNL on demand the balance remaining due.

2.0 Damage/Loss of Property

If damage/loss of any equipment or installations at the premise of BSNL/NBSNL site is done by successful bidder’s representative due to improper handling or negligence, the cost towards recovery of cost of replacement of the said equipment/installations & loss of revenue (if any), based on average call revenue per day for the number of days due to non operation of damaged/lost equipment/installations shall be borne by the successful bidder.

3.0 TERMINOLOGY DEFINITIONS & TEST METHODOLOGY 3.1 Cluster of BTS

a. In cities having more than 30 BTSs, a group of 15 contiguous BTSs connected with same MSC shall form a cluster or as decided by DGM (NW-CM). This can be BSC wise also.

b. In rest of the cities (less than the above configuration or with single BTS), complete city shall be

treated as one cluster. However, in general, the selection of clusters shall be done so as to make all individual cluster size as close to 15 as possible or as decided by DGM (NW-CM).

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3.2 Defining Drive Test Route & Frequency A. DRIVE TEST ROUTE 1. Drive Test Route will be jointly decided by bidder and DGM (NW-CM). The vendor should survey the

offered Town /City to identify the drive test routes covering places like VIP area(s),Railway Stations ,Main Hospital (s) Bus Stand(s) Shopping Center (s) Stadium(s), College(s) Cinema Hall (s) Exhibition ground(s) Airport(s), Post residential area(s) Important Government office(s) Court(s), Congested residential/Commercial Area(s). These Land Marks shall be clearly marked on the Municipal Map/Town or Digital Map with GPS readings. The Map should clearly indicate BTSs site available with proper numbering showing different sectors.

2. In Congested Area /narrow lanes where mobile Drive van can’t reach data shall be collected using GPS

Enabled Walk Test Kit. This data shall be merged with the data collected with mobile test van. 3. Maximum possible data shall be collected by covering all accessible points. 4. Commercial Area /Major Roads shall be tested for coverage during busy hours. B. Setting and Configuration of Drive Test The drive test shall be conducted using test mobile van fitted with external antenna with O db gain on the van roof top. All drive test results and data will be BSNL property and bidder shall not use it for any other purposes.

i) Make and Version number of the drive test tool as well as walk test kit. (Printout of the version is to be enclosed while submitting the report to BSNL)

ii) Model of Test Mobile, Sl No, Valid Calibration certificate is to be submitted iii) Sensitivity of the test Mobile to be indicated. iv) Maximum TX power of the Test Mobile to be indicated. v) Model and Make of the GPS is to be enclosed.

C. Type of Calls to be used in the Drive Test

i) For any drive (Pre & Post), it is recommended to setup an automated call setup script and generate at least 400 calls in a day’s drive spanning 6 - 7 Hours.

ii) Short Call shall be of 60 Seconds on and 10 Seconds idle. iii) The long call shall be of duration of 30 Min and 10 seconds idle. iv) The Test Call should be on Voice Call only (Test Mobile number 1 is to be connected to another

Mobile on voice call hold only not any test tone). v) The Size of test data file shall be 30 Minutes duration. The log file of drive test for offered area shall

be enclosed as a record. (i.e. Drive data should be given in the CD format). vi) Rx Level in idle condition.

D. The Post processing the Data

i) The vendor should declare the name and type of the post processing tool used with version number. The vendor should use latest post processing tool so that detail display where in the network problem occur and explain the cause of problems via drill down features. The data collected through drive test tool as well as walk test kit shall be superimposed on the digital Map/ Municipal Map.

ii) The coverage plot indicating street level coverage (RSS better than -93dbm) and in building

coverage (RSS better than -75 dbm) both measured at street level shall be submitted. The plot shall use the following colour scheme to indicate the threshold as given below.

a. RSS >= -75 dbm Green b. RSS < - 75 dbm & >= - 95 dbm Yellow c. RSS < - 95 dbm RED

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E. Initial Test Vendor should do initial test to identify the following parameters. 1. Poor coverage areas within the cluster. 2. Coverage footprint of each BTS site. 3. Handover Region. 4. Handover Failure Rate (Both from DT & OMCR Data) 5. Drop Call Rate (Both from DT & OMCR Data) 6. Call Setup Success Rate (Both from DT & OMCR Data) 7. Interference. 8. Traffic Distribution. 9. C/ I Parameters. 10. Idle Channel Interference. 3.3.1 Optimization Parameters Optimization Parameters should be defined by agency in consultation with BSNL on cluster basis and based on the initial drive test and comparing with pre drive test wherever applicable, the problematic areas shall be identified per BTS basis. Once the same is identified, corrective actions shall be initiated by recommending changes in the relevant RF and BSS related Network parameters, including the following. 1. Power calibration of BTS 2. VSWR measurement of BTS 3. Down tilting of antenna 4. Changing antenna height 5. Redefining neighbors’ list 6. Adjusting BTS output power 7. Adjusting Handover parameters 8. RF parameter changes 9. Reworking BCCH/TCH planning 10. Redefining handover parameters 11. Redefining of reselection parameters 12. Interference due to other operator’s sites as well inter/intra cell need to be identified and remedial action taken. 13. Any other relevant parameter as applicable After incorporating all the necessary changes in the system, Quality of service improvements should be

assessed (Drive Test and or OMCR statistics).The above process is to be repeated till all the performance targets are met. Performance targets are thresholds values defined by BSNL vide section 3 Clause 1.1.

Once the Network is optimized per cluster basis satisfying all quality objectives, overall Network/ system optimization shall commence for a town. The town may consist of following: 1. Multiple clusters defined above 2. Multiple BSCs 3. Multiple MSCs It is assumed that in the earlier phases of cluster optimization, all the RF and BSS related pending issues have been resolved per cluster basis. Therefore, at this stage main thrust shall be given to the optimization of inter cluster overlapping areas. For this purpose, drive testing shall be conducted in those mutually agreed and predefined areas.

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3.3.2 Coverage Measurement Objective Coverage measurements are done in idle mode to check the Downlink Rx Level. DL_Rx_Level is defined as the measurement of the Downlink power transmitted from the BTS, as measured by the test mobile instrument. It allows defining the Target coverage area, as defined in the ATP document. Procedure Collected with the test setup being driven in a vehicle. It shall be assumed from the Rx level plot (as proposed by BSNL) that v Indoor coverage requirement is fulfilled if the signal level measured at street level is better than - 65dBm v In car coverage requirement is fulfilled if the signal level measured at street level is better than -75dBm v Good Outdoor coverage requirement is fulfilled if the signal level measured at street level is better than -

85 dBm v Moderate Outdoor coverage requirement is fulfilled if the signal level measured at street level is better

than -90dBm v Poor Outdoor coverage will be at street level is lesser than or equal to -90dBm

Rx level plots are to be prepared after exporting into Map Info file. Screen shot of waypoints along with legends of Map Info are to be produced. The symbols to be used on the waypoints should be colour filled round symbols. In case the expected coverage results are not met after the final drive, Agency and BSNL will jointly assess that no improvements are possible through further optimization with the available new sites and RXLEV criteria will be assumed to be successfully met with best efforts. Recommendation for further improvements in signal level will be provided by agency 3.3.3 Rx Level Vs TA Objective Coverage measurements are done to ensure that the Rx Level criteria are being met. Rx Level is defined as the measurement of the Downlink power transmitted from the BTS, as measured by the mobile. The Test is aimed to spot defects in coverage. The Rx level should decrease gradually as we move away from the BTS. Procedure Data should be collected along the drive test route. The Rx Level should be collected with the test setup being driven in a vehicle. The data is to be Post processed to get the values of Rx Level with TA.

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3.3.4 Call Quality Objective Call quality is determined by RxQual data on the downlink. The RxQual is determined by BER rates measured over the downlink by the mobile. It is assumed that the RF environment has co channel C/I & adjacent channel C/I better than 12 & 9 respectively and no in band interference due to CDMA /external sources. Samples taken out of the Target Area will be excluded from calculations. Procedure Data should be collected in dedicated mode along the drive test routes. The DL_RxQual will be collected with the test setup being driven in a vehicle. Expected Outcome The percentage of bins with RxQual lesser or equal to 4 should be higher than the acceptance criteria. Rx Qual plots are to be prepared after exporting in Map Info. Screen shot of waypoints along with legends of Map Info are to be produced. The symbols to be used on the waypoints should be colour filled round symbols. Colours of symbols for values of Rx Qual are as follows: Green 0=< Rx Qual <=4 Yellow Rx Qual = 5 Red 6=< Rx Qual <=7 In case the expected RXQUAL results are not met after the final drive, BSNL and Agency will jointly assess that no improvements are possible through further optimization with the available new sites and RXQUAL criteria will be assumed to be successfully met with best efforts. Recommendation for further improvements in RXQUAL will be provided by Agency. 3.3.5 Drop Call Objective Drop call is defined as a conversation that was unintentionally ended due to RF conditions. Any failures in call setup shall not be considered for this test. It is assumed that the RF environment has co channel C/I & adjacent channel C/I better than 12 & 9 respectively and no in band interference due to CDMA /external sources. Procedure Data should be collected along the drive test route. Any call failure due to congestion or called party engaged shall not be considered for this test. After the call matures, any failures, due to RF conditions, during the call shall be considered as valid failures. Drop call rate = (Number of calls dropped/total number of calls)*100. Expected outcome Drop call rate will be lesser than or equal to the acceptance criteria as indicated in KPI threshold Section III Clause 1.1. In case the expected drop call rate criteria are not met after the final drive, Agency & BSNL will jointly assess that no improvements are possible through further optimization with the available new sites and drop call rate criteria will be assumed to be successfully met with best efforts. Recommendation for further improvements in drop call rate will be provided by Agency.

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3.3.6 Block call Objective Block call is defined as a call when a subscriber is not assigned a TCH and calls fails to connect. Procedure Data should be collected along the drive test route. Block call rate = (Number of calls blocked/total number of calls attempted)* 100. The block call rate shall meet acceptance criteria as indicated in KPI threshold Section I I I Clause 1.1. 3.3.7 Call Setup Success Rate Objective Call setup success rate is defined as a call origination in which the subscriber succeeded to reach the assigned traffic channel. Drop calls during the drive shall not be counted for calculating CSSR. It is assumed that the RF environment has co channel C/I & adjacent channel C/I better than 12 & 9 respectively and no uplink in band interference due to CDMA /external sources. Those attempts, which result in call failures that were tried out of the coverage area, will not be considered for this test. Procedure Data should be collected along the drive test route. Call setup success rate = (Number of successful calls/Total number of calls attempted)*1 00. Expected outcome Call setup success rate shall be greater than or equal to the acceptance criteria as indicated in KPI threshold Section III Clause 1.1. In case the CSSR criteria is not met after the final drive, Agency & BSNL will jointly assess that no improvements are possible through further optimization with the available new sites and CSSR criteria will be assumed to be successfully met with best efforts. Recommendation for further improvements in CSSR will be provided by Agency. 3.3.8 Handover Success Rate Objective Handover success rate is defined as a handover attempt in which the subscriber succeeded to handover to a TCH of another cell from the serving cell. It is assumed that the RF environment has co channel C/I & adjacent channel C/I better than 12 & 9 respectively and no in band interference due to CDMA /external sources. Procedure Data should be collected along the drive test route. Handover success rate = (Number of successful handovers/Total number of handovers attempted)*1 00. The Hand over success rate shall meet acceptance criteria as indicated in KPI threshold Section III Clause 1.1.

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3.3.9 AMR FR / AMR HR Calls Objective To check the change in coding scheme with respect to change in C/I condition and to find the percentage of time a particular coding scheme is used. Procedure Data should be collected along the drive test route. The Coding scheme will be collected with the test set up being driven in a vehicle. The data is to be post processed to get the values of the usage of coding scheme with respect to samples. 3.3.10 C/I Measurement Objective The Carrier over Interference ratio is the ratio between the signal strength of the current Serving Cell and the signal strength of undesired or interfering signal components. Average C/I is presented twice a second. Procedure Data should be collected along the drive test route. The C/I data will be collected with the test set up being driven in a vehicle. The data is to be post processed to get the sample distribution for different C/I ranges. Expected outcome is better than 12.

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SECTION VI 1.0 Labour Welfare & Compensations

Agency shall be responsible for all the claims of the labourers engaged by him for upkeep and operations at BTSs including their registrations with nearest labour office (if required as per law) and insurance in accordance with norms of Government of India and state government laws in this regard. BSNL NE II Circle shall not be responsible for any claims on this matter during and after contract period.

1.1 Agency shall be solely responsible for following all provisions of labour laws, ESI, EPF Act and penalty or compensation in this regard if any due to not following of certain provisions of the labour laws, shall be paid by the agency. BSNL shall not be responsible in this regard. 1.2 Any failure to fulfill the requirement shall attract the penal provisions of this contract arising out of the resultant non execution of the work. 1.3 No labour below the age of eighteen years shall be employed on the work. 2.0 Fair wages 2.1 The agency shall pay to labour employed by him either directly or through sub agency’s, wages not less than fair wages as defined as C.P.W.D. agency¶s labour Regulations or as per the provisions of the contract labour (Regulations and abolition) Act, 1970 and the contract labour (regulation and abolition) central rules, 1971, whenever applicable. 2.2 The agency shall not withstanding the provisions of any contract to the contrary, cause to be paid fair wage to labour indirectly engaged on the work, in connection with the said work, as if the labour had been immediately employed by him. 2.3 In respect of all labour directly or indirectly employed in the works for performance of the agency’s part of this agreement, the agency shall comply with or cause to be complied with the central public works BSNL agency’s labour regulations made by BSNL from time to time in regard to payment of wages, wage period, deduction from wages, recovery of wages not paid and deductions in unauthorized way, maintenance of wages books or wage slips, publications or scale of wages or and other terms of employment inspection and submission of periodical returns and all other matters of like nature or as per provisions to contract labour (Regulation and Abolition) Act, 1970, wherever applicable. 2.4 The BSNL shall have right to deduct from the money due to the agency any sum required or estimated to be required for making good or loss suffered by the worker or workers by the reasons of not fulfilment of the conditions of the contract for the benefit of the workers, non payment of the wages or the deductions made from his or their wages which are not justified by their terms of the contract or non observance of the regulations. 2.5 The agency shall comply with the provisions of the payment of the wages Act, 1936 minimum wages Act,1948. Employees liability Act, 1938, workman’s compensation Act, 1923, Industrial Act, 1947, 1961, and the agency’s labour (Regulation and Abolition) Act 1970, EPF Act, ESI Compliance or the modifications thereof or any other relation thereto and the rules made there under from time to time. 2.6 The agency shall indemnify BSNL against payments to be made under and for the observance of the laws aforesaid and the CPWD Continental’s labour regulations without prejudice to his right to claim indemnify from his sub agencies. 3.0 Other labourers’ welfare measures 3.1 The agency shall implement the labour welfare measures enunciated in clause 19B, 19C, 19E, 19G, 19H, 19L and 19J of the conditions contract in the PW 8. 3.2 The agency shall also follow the safety methods enunciated in the CPWD safety code. 3.3 The agency shall comply with all the provisions of the Minimum Wages Act, 1948, Contract Labour (R & A) Act, 1970 and rules framed and other labour laws affecting contract labour that may be brought into force from time to time. 3.4 Even during the arbitration the work cannot be stayed because it pertains to the essential public utility service the department reserves the right to get the work completed either departmentally or through any other agency at the risk and cost of agency.

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3.5 If the agency refuses for executing any specified work, the department reserves the right to get the work done by other agencies even at higher rates and the difference of the cost will also be deducted from the agency¶s pending bills or security money as the case may be. 4.0 PARTICIPATION OF NEAR RELATIVES OF THE B.S.N.L. EMPLOYEES IN THE TENDER It has been decided that the near relatives of all B.S.N.L. Employees either directly recruited or on deputation are prohibited from participation in tenders for execution of works in the different units of BSNL. The detailed guidelines in this regard are given in the following paragraphs.

i) The near relatives for this purpose are defined as:

a) Members of a Hindu Undivided Family. b) Husband and wife. c) The one is related to the other in the manner as father, mother, son(s) & Son’s wife (daughter-in-law), Daughter(s) & daughter husband (son-in-law), brother(s) & Brother’s wife, Sister(s) & Sister’s husband (Brother-in-law).

ii) As per BSNL CDA 2006 rule 6 no servant shall in the discharge of his official duties deal with any matter or sanction any contract to any company or for any other person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Government Servant shall refer every such matter or contract to his official superior. This clause is applicable to all B.S.N.L. employees and in view of this as soon as any BSNL employee becomes aware of the above aspect, he must intimate this to the prescribed authority. For non executive employees this authority is SSA Head/Circle Head/Chief Engineer/Chief Architect/Corporate office under whom he is posted. For executive employees (at present some of them are called as Gazetted Officers) the prescribed authority for this purpose is Circle Head Chief Engineer/Chief Architect/Corporate office under whom he is posted. iii) The Company or firm or any other person is not permitted to tender for works in BSNL Unit in which his near relative(s) is (are) posted. The unit is defined as SSA/Circle/Chief Engineer/Chief Architect/Corporate office for executive employees (including those called as Gazetted Officers at present). Therefore, it has been decided by the competent authority that a clause must be added in the tender and other related documents that the Tenderer should give a certificate that none of his/her such near relative is working in the units as defined above where he is going to apply for tender/work (Annexure VII) . In case of proprietorship firm certificate will be given by the proprietor, for partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company. Any breach of these conditions by the company or firm or any other person, the tender work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is noticed and BSNL will, not pay any damages to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.

5.0 Registration Number under Service Tax should be furnished by the bidder. A copy of the registration certificate to be included. 6.0 Bank Account Number (for ECS purposes), Bank branch to be furnished for refund of EMD. 7.0 An advanced Stamped Receipt to be furnished by all bidders (Annexure 11) for refund of EMD in case of unsuccessful bidders.

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ANNEXURE-I

Sl. No. Name of SSA No. of BTS 1 ARUNACHAL PRADESH 114 2 MANIPUR 96 3 NAGALAND 131

GRAND TOTAL = 341

Note:

1. The quantity may increase by 10% rounded of to higher integer. Refer also Section IV Clause 1.5. 2. The BTSs are of M/s. Nortel and M/s. Ericsson make.

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ANNEXURE-II

PRICE SCHEDULE Drive Test in dedicated mode to see quality of the Network of BSNL for following cities. Number of BTSs to be optimized in each are given below:

Sl. No. Name of SSA No. of

BTS

Price (Rs) Per

BTS

% of Tax (if any) Indicated Seperately if

more than one

Tax Amount

Total (D+F)

per BTS

Total (G*C)

A B C D E F G H

1 ARUNACHAL PRADESH 114

2 MANIPUR 96 3 NAGALAND 131 GRAND TOTAL 341

The Grand Total Amount is Rs. /- (Rs. Only)

Note:

1. The quantity may increase by 10% rounded of to higher integer. Refer also Section IV Clause 1.5. 2. The BTSs are of M/s. Nortel and M/s. Ericsson make.

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Terms and conditions.

1. Checking of accuracy of existing data of the site is the responsibility of the vendor. 2. Acceptance of final results will be after the completion of drive test. 3. Required tool, vehicle, accessories and Riggers etc will have to be arranged by vendor at his

own cost. 4. Required OMCR reports Technical and traffic report will be provided by BSNL. 5. Evaluation of Financial bid is as a package for all the sites quoted above on Grand Total Amount at

Column H. 6. Price Quoted at Column E will be exclusive of taxes if any. 7. Statutory taxes if levied any has to be indicated individually in the Price Document indicating the

percentage of Tax also. 8. Registration Number with Service Tax Department should be furnished invariably.

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ANNEXURE – III

BID FORM

Tender No. ______________________________________ Date: ___________________________________________ To Chief General Manager, BSNL, NE-II Circle, Dimapur-7971 12 Dear Sir, Having examined the terms & conditions of contract and specifications, the receipt of which is hereby duly acknowledged, we, undersigned, offer to take up the Network Optimization work of BSNL NE II Telecom Circle, in conformity with the said conditions of contract and specifications for the rate mentioned in financial bid. We undertake, if our Bid is accepted to conduct the said work as specified in the contract within time schedule prescribed in the tender, from the date of issue of your confirmed work order. If our bid is accepted, we will obtain the guarantees of a scheduled bank in a sum equal to 10% of the bid amount for the due performance of the contract. We agree to abide by this bid for a period of 180 days from the date fixed for bid opening and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal work order of contract is awarded and executed, this bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. We understand that you are not bound to accept the lowest or any bid, you may receive. Dated this ..................... day of .................. 2009 Signature of ...................................................... In capacity of .................................................... Duly authorized to sign the bid for and on behalf of.......................... Witness ....................................................... ................. Address ............................ Signature ..........................

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ANNEXURE – IV

FORMAT OF LETTER OF AUTHORISATION FOR ATTENDING BID OPENING From To Chief General Manager, BSNL, NE-II Circle, Dimapur-797112 Subject: Authorization for attending bid opening on ___________________________ (date) in the tender of ___________________________________________. Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of ____________________________________________ (Bidder) in order of preference given below. Order of Preference Name Specimen Signatures I II Alternate Representative Signature of bidder Or Official authorized to sign the Bid Document on behalf of the Bidder 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to

one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened, may be refused in case authorization as prescribed above is not recovered.

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ANNEXURE – V

PROFILE OF THE BIDDER 1. Full Name and Address of the

Bidder

2. Telephone numbers Office FAX Mobile 3. Firm, whether Proprietary /

Partnership / Private Limited / Public Limited

4. Registration of Firm Particulars

5. Income Tax Account no. Latest Income Tax clearance for the previous two

years and PAN Card copy. 5.a Bank Account Number and Name

of the Branch

5.b Service Tax Registration Number

6. Turnover during 2008-2009 (Copy of balance sheet and income tax return to be

enclosed) 7. Experience in related field (Please enclose experience Certificate)

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8. Statement of availability of manpower and equipment

Sl No Details Qty

a Details of trained personnel available for work as specified in Scope of work in section III , Part III

Separate Sheet may be attached

b Total no. of teams available for work as specified in Scope of work in section III, Part III

c

Details of equipments/ instruments available for work as specified in Scope of Separate

work in section III, Part III Sheet may be attached

d PO on hand with the firm from other firms/organizations as on date

LIST OF ENCLOSURES:- i) ii) iii) Date

(Signature & seal of Tenderer) Name of Tenderer

Address

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ANNEXURE- VI

Format for Experience Certificate

(Company/ Organization Logo/Office Address)

To Whom It May Concern

This to certify that M/s ____________________________ (Name & Address) has taken up the work of GSM optimization for this organization in ____________________________________ (Name the Nature of work performed by the Party) for a period of _____________________________ Months in the year/years ______________________. The performance of the firm in respect of discharge of work assigned to them and their overall conduct were found satisfactory. The details of work performed and its value are as follows:

1. Name of Work 2. Quantum of Work 3. Value of Work 4. Period of Work Performance 5. An overall assessment on Quality of Performance 6. Comments on Conduct

Name & Designation of Issuing Authority (Not below the Rank of DGM in case of DOT/BSNL/MTNL/ or O&M Head in case of Private Telecom Operators having license to provide GSM services in INDIA or Project Manager in case of reputed manufacturer and supplier of GSM equipment having experience of successfully carrying out optimization work of GSM network.) Contact Telephone Numbers & Address of Issuing Authority

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ANNEXURE- VII

FORMAT FOR CERTIFICATE TO BE GIVEN BY VENDOR

I_______________________________________________S/O____________________________________ hereby certify that none of my relative(s) as defined in the tender document is /are employed in BSNL unit as per details given in the tender document. In case at any stage, it is found that the information given by me is false/incorrect BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me. Name of the Vendor with Signature & Office Stamp

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ANNEXURE- VIII

AGREEMENT (Format)

This agreement made on the ________ day of ________________ 2009 between BSNL, a Company registered under the Companies Act, 1956 and having its Registered Office at Bharat Sanchar Bhavan ,H.C. Lane Janpath, New Delhi110001, through its Office in NE II Telecom Circle O/o Chief General Manager Telecom, Dimapur, hereinafter called (which expression shall unless repugnant to the context and meaning shall deem to mean and include its successors and assigns) of the one party And M/s ___________________, a Company registered under the Companies Act / a Partnership firm constituted having its place of business/ Registered Office at _______________________________________. Herein referred to as “Network Optimization work” (which expression shall unless repugnant to the context or meaning thereof shall deem to mean and include its/his/her/their respective heirs, executors, administrators and successors/ the partner(s) for the time being of the said firm, the survivor(s) of them and the executors, administrators and successors of the surviving partners as the case may be) of the other party. WHEREAS BSNL is inter-alia engaged in the business of providing cellular mobile telephone services in the service area all over the country as provided in the license issued to it by the Department of Telecommunications, Government of India. For the Network Optimization of BSNL NE II Telecom circle, BSNL requires specialized services of agencies, which can carry out the above functions. The concern Agency has represented to BSNL that it has the requisite skills, knowledge, experience, expertise, infrastructure and capability to act as Network Optimizing Agency and that it has trained and experienced persons having requisite skills, knowledge to perform the functions in accordance with the terms of this agreement. After evaluation of the agency on the basis of their presentation and negotiation further and the financial bid submitted by them under sealed tender and further negotiations. BSNL has agreed to accept the offer of the Agency on the terms and conditions contained in this agreement. The parties hereto agreed to record the terms and conditions as follows: NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS 1. APPOINTMENT AND SCOPE OF WORK Whereas the agency has made the offer to duly perform the work under this contract of the Network Optimization for BSNL „Mobile Services Network¶ NE I Telecom Circle. After making himself aware and understanding fully the implications of the terms and conditions and specifications in the contract and related documents. The NIT, Tender document, Letter of Intent & any subsequent direction given by BSNL to Network Optimizing Agency shall form integral part of this agreement. BSNL has agreed to appoint the Network Optimizing Agency on contract basis. Network Optimizing Agency has agreed to act as such on the terms and conditions as specified in this Agreement. BSNL shall from time to time issue guidelines as to the manner in which the Network Optimizing Agency¶s duties and obligations under the Agreement shall be performed and the Network Optimizing Agency shall ensure strict compliance of the guidelines. BSNL at it’s own discretion, may carry out the certain percentage of work by themselves.

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2. PERIOD The Agreement shall be valid for a period of 12 months from the date mentioned

hereinabove, unless otherwise terminated by BSNL as provided under this Agreement. Further extension for One year on performance shall be at the sole discretion of BSNL and on the same terms and conditions. The decision of BSNL in this regard shall be final & binding.

3. FEES AND CHARGES I) Fees and charges for the services rendered are prescribed in annexure to this agreement. II) All the payments to the Network Optimizing Agency shall be made after making statutory deductions, if any under the relevant laws. BSNL shall also have the right to set off, deduct and recover from the fees and charges and/or from any other sum payable to the Network Optimizing Agency, any and all amounts which may be or become payable by the Network Optimizing Agency to BSNL. 4. AGENCY’S REPRESENTATIONS AND WARRANTIES BY AGENCY

The Network Optimizing Agency hereby represents, warrants and confirms that:

4.1 It has full capacity, power and authority to enter into this Agreement and during the continuance of this agreement, will continue to have full capacity, power and authority to carry out and perform all its duties and obligations as contemplated herein. It has already taken and will and continue to take all necessary and further actions (including but without limitations the obtaining of necessary approval/consents in all applicable jurisdictions) to authorize the execution, delivery and performance of this Agreement.

4.2 It has the necessary skill, knowledge, experience, expertise, adequate capital and competent personnel, system and procedures, infrastructure and capability to perform its obligations in accordance with the terms of this Agreement and to the satisfaction of BSNL.

4.3 The execution of this Agreement and providing services by the Network Optimizing Agency to BSNL, does not and will not violate, breach and contravene any condition of any agreement entered with any third party/parties.

4.4 Has complied with and obtained necessary permissions/ licenses/ authorizations under the Central, State and Local authorities and obtained all required permissions/ licenses for carrying out its obligation under this Agreement.

5. NETWORK OPTIMIZING AGENCY’S COVENENTS

The Network Optimizing Agency hereby agrees, undertakes and confirms as under

5.1 That the Network Optimizing Agency shall carry out its obligations and functions under this Agreement strictly in accordance with all the guidelines, instructions, manuals and procedures etc. (hereinafter referred to as guidelines) prescribed by BSNL in connection with this Agreement from time to time. 5.2 The Network Optimizing Agency shall immediately notify BSNL in writing of any event which may result in or which may give reason to believe that may cause work stoppage, slowdown, labour dispute, strike, any labour disruption or any other impediments or disruptions in the due performance of obligation of the Network Optimizing Agency under this Agreement. The Network Optimizing Agency shall forthwith submit the report of the events resulting in stoppage of work to BSNL. The Network Optimizing Agency agrees that notwithstanding anything contained in this Agreement in the event of any of the eventualities mentioned herein above BSNL shall have a right to terminate this Agreement by giving one month’s notice to the Network Optimizing Agency. 5.3 The Network Optimizing Agency shall not at any time use or attempt to use BSNL’s name or logo for any purpose including for the purpose of this Agreement unless specifically authorized by BSNL in writing. 5.4 The Network Optimizing Agency shall ensure that its employees/ personnel shall at all times conduct themselves within the parameters of laws and shall not commit, abet or permit the commission of any illegal act while working in the course of this Agreement. In the event of any illegal act being committed or abetted, the Network Optimizing Agency shall be liable for all consequences thereof and BSNL shall not be liable either directly or indirectly.

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5.5 The Network Optimizing Agency shall obtain all the requisite License/ permission/ authorizations from state/ central Government agencies on labour contract & shall abide by insurance rules in this regard under all the applicable laws and keep the same valid by renewing from time to time as required under the various Acts/ Laws.

5.6 The Network Optimizing Agency shall maintain all the registers and records required to be maintained under the various Labour Enactments and Rules framed there under

5.7 The Network Optimizing Agency shall ensure that no personnel employed by the Network Optimizing Agency commits any misconduct or acts in contravention of any of the provisions of this Agreement or instructions issued by BSNL from time to time or commits any fraud or is involved in any criminal or civil case. If any personnel commits any misconduct or is involved in criminal case or is guilty of acting in contravention of any provisions of this Agreement or any law, the Network Optimizing Agency agrees to indemnify and keep BSNL indemnified from the consequences of any such act of the personnel as a result which BSNL has suffered or is likely to suffer any loss.

5.8 The personnel employed by the Network Optimizing Agency shall not have any claim whatsoever on BSNL and shall not raise any Industrial dispute, either directly or indirectly, with or against BSNL, in respect of any of the service condition or otherwise. 5.9 It is further expressly clarified and agreed that in case of death or bodily injury to any such personnel appointed by the Network Optimizing Agency in some courses of carrying out of the services of this Agreement, BSNL shall not be liable or bound to pay any monetary compensation or otherwise be responsible in any way, whatsoever.

5.10 That the Network Optimizing Agency shall immediately notify BSNL in writing if any of its employee or any other person engaged by the Network Optimizing Agency has committed any breach of any of the employment agreement or has committed any act amounting to moral turpitude or has been arrested by the police or removed from the employment of the Network Optimizing Agency or committed any act which in the opinion of the Network Optimizing Agency affects the integrity of the person. BSNL shall have the right to call upon the Network Optimizing Agency to replace any employee/ agent of the Network Optimizing Agency who in the sole opinion of BSNL is jeopardizing the interest of BSNL and the Network Optimizing Agency shall forthwith comply with the demand of BSNL.

5.11 That the Network Optimizing Agency shall procure from its employees for the time being and from such other staff as BSNL may require, an undertaking not to disclose to any third party any confidential information or knowledge concerning the business of BSNL and take such steps at the Network Optimizing Agency’s own expense as BSNL may direct in order to enforce or retain any breach of the terms of any such undertaking. R

5.12 That the Network Optimizing Agency specifically convents that the Network Optimizing Agency and / or any of it¶s employees or any other person employed by the Network Optimizing Agency for the purpose of this agreement shall not use any illegal or unlawful means in performing its obligations under this agreement. For any illegal or unlawful means employed by the Network Optimizing Agency and / or any of it’s employees or any other person the Network Optimizing Agency shall alone be responsible and aggress to indemnify and keep indemnified BSNL at all times against any suits, claim, demands, petitions, actions, proceedings etc filed/initiated against BSNL by any person for reason whatsoever and against any loss, damage, claims, costs, charges, expenses. 5.13 The Network Optimizing Agency and its personnel shall not claim any lien on the amount collected by the Network Optimizing Agency even if any amount is due and payable by BSNL to the Network Optimizing Agency. 5.14 The Network Optimizing Agency under takes to execute such other documents as may be required by BSNL.

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6.0 CONFIDENTIALITY AND NONDISCLOSURE

6.1 All details, documents, data, applications, software, systems, papers, statements, business/customer information and BSNL’s practices and trade secrets (hereinafter referred to as “Confidential Information”) which may be communicated to the Network Optimizing Agency and/or it’s employees shall be treated as absolutely confidential and the Network Optimizing Agency irrevocably agrees and undertakes and ensures that the Network Optimizing Agency and all its employees shall keep the same secret and confidential and not disclose the same, in whole or in the part of any person without the prior written permission of BSNL nor shall use or allow to be used any information than as may be necessary for the due performance of the Network Optimizing Agency’s obligation hereunder. The Network Optimizing Agency hereby specifically agrees to indemnify and keep BSNL indemnified safe and harmless at all times against all or any consequences arising out of any breach of this undertaking by the Network Optimizing Agency and/ or its employees and shall immediately, reimburse and pay to BSNL on demand all damages, loss, cost, expenses or any changes that BSNL may suffer, incur or pay in connection therewith.

6.2 Take all necessary action to protect the confidential information against misuse, loss, destruction,

deletion and/ or alteration. 6.3 Not to misuse or permit misuse directly or indirectly, commercially exploit the confidential information

for economic or other benefit. 6.4 Not to make or retain any copies or record of any confidential information submitted by BSNL other

than as may be required for the performance of the Network Optimizing Agency’s obligation under this agreement.

6.5 Notify BSNL promptly of any unauthorized or improper use or disclosure of the information. 6.6 Return all the information, which is in the custody of the Network Optimizing Agency at the end of the specific assignment.

6.7 The Network Optimizing Agency hereby unconditionally agrees and undertakes that it shall not and that its personnel shall not disclose or publish the terms and conditions of this agreement or disclose the information submitted by BSNL under this agreement to any third party unless such disclosure is required by law.

7. INDEMNITY 7.1 The Network Optimizing Agency hereby agrees and covenants to indemnify and keep indemnified BSNL against:

i) All loss, misappropriations, misuse or damage of or to the documents of any other security instruments which are in possession of the Network Optimizing Agency or its personnel or within the control of the Network Optimizing Agency or its personnel.

ii) Any or all claims, liabilities, damages, losses, costs, charges, expenses, proceedings and actions of any nature whatsoever made or instituted against BSNL and/ or any customer directly or indirectly by reason of.

The parties to this agreement have set their hands on the day mentioned hereinabove. SIGNED ON BEHALF OF BSNL By Shri _______________________________________________ SIGNED ON BEHALF OF i.e. (Name of Company) _______________________________ By Shri ___________________________________________

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ANNEXURE- IX

PERFORMANCE GUARANTEE BOND FORM (Successful Vendor will have to submit performance guarantee bond valid for a period of 1 8 months of 10% value of bid price. Only after receipt of performance guarantee bond the APO will be converted into firm PO. The format of performance guarantee bond is given below) In consideration of Bharat Sanchar Nigam Limited (hereafter called "BSNL") having agreed to exempt _______________________ (thereafter called "the said Agency(s)) from the demand under the terms and conditions of an Agreement /(Purchase Order) no ______________dated _____________ made between _____________________and __________________ for _______________ (herein after called "the said Agreement) on production of a bank guarantee for Rupees__________________ We, (Name of the bank)_____________________________ (Herein after referred to as "the Bank") at the request of _______________________________ Agency(s) do hereby undertake to pay to the BSNL an amount not exceeding Rupees _________________ against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL by reason of any breach by the said Agency(s) of any of the terms of conditions contained in the said Agreement. We (name of bank) _________________________ do hereby undertake to pay the amount due and payable under this guarantee without any demur, merely on a demand for the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said agency(s) of any or the terms or conditions contained in he said Agreement or by the reason of the agency(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 Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding Rupees____________________________________ We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the agency(s) supplier(s) in any suit or proceeding 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 valid discharge of our liability for payment there under and the agency(s) supplier(s) shall have no claim against us for making such payment. We (name of 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 BSNL under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Department of Telecom Ministry of Communication certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said agency(s) and accordingly discharges this guarantee. Unless a demand or claim under the guarantee is made on us in writing on or before the expiry of Eighteen months (18) months from the date hereof, we shall be discharged from liability under this guarantee thereafter. We (name of bank) _______________________ further agree with the BSNL that the BSNL shall have the fullest liberty without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said agency(s) from time to time any of the powers exercisable by the BSNL against the said Agency(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 being granted to the said Agency(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said agency(s) or by any such matter or thing whatsoever which the law relating to sureties would, but for this provision have effect of so relieving us. The guarantee will not be discharged due to changes made in the constitution of the Bank of the Agency(s)/Supplier(s). We (name of the bank) _______________________ lastly undertake not to revoke this guarantee during its currency except with previous consent of the BSNL in writing. Dated the ________________ day of ________________________ for (indicate the name of the bank) Signed and delivered by the Constituted Attorney for and on behalf of the Bank in presence of:

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ANNEXURE – X

Pre Receipt

Received with thanks from the Chief General Manager, BSNL, NE II Circle, OCB Exchg. Building, Dimapur a sum of Rs. _____________ (Rs. ________________________ Only) towards the refund of EMD paid against this office tender vide Demand Draft No Dated from Bank Branch issued in favour of Accounts Officer ( Cash), O/o CGMT, BSNL, NE-II Circle, Dimapur. Signature with Seal/Rubberstamp of the firm Name of the firm and Address

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ANNEXURE- XI

The downloaded tender document as published at the website (www.ne2.bsnl.co.in) has been used for bidding in this tender. It is certified that no modification has been done to the contents of the document. Place (Signature of the bidder): Date: Seal /Rubber Stamp of the firm

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ANNEXURE- XII Indicative check list for the Bidders: The bidder has to thoroughly go through the tender document and quote accordingly and report compliance with documentary proof. However as an indicative chart, the clauses that require the special attention are listed below. The list is only indicative and not exhaustive. Section No Clause No Page No Details of Clause

I 1 4 Eligibility Conditions

I 2 4 Sale of Bid Form – Bid Document downloaded from website www.ne2.bsnl.co.in should be accompanied by the cost of the Bid Document as specified along with Annexure XI Certificate.

II 1.1.1 5 Documents that should accompany Technical Bid II 2.0 6 EMD Demand Draft along with Technical Bid II 4.0 7 Price Bid as per Annexure II II 5.0 8 Rejection of Bid II 6.0 8 Validity of the Bid III 1.1 10 Targeted KPI IV 1.0 14 Payments IV 2.0 14 Penalty Clause V 2.0 16 Damage/Loss of Property VI 1.3 23 Age of the Labourer

VI 4.0 24 Participation of near relatives of the BSNL Employees in the tender.

VI 5.0 24 Registration Number under Service Tax VI 6.0 24 Bank Account Number (for ECS purpose) and Bank Branch Name. VI 7.0 24 Advanced Stamped Receipt for refund of EMD (Annexure 11)

Technical Bid should necessarily contain the following Annexures. Annexure I, Annexure III, Annexure IV, Annexure V, Annexure VI, Annexure VII, Annexure VIII, and Annexure XII. Financial Bid should contain only Annexure II and Bid Document in full signed in all the pages b y the Bidder.

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END OF DOCUMENT