DETAILED NOTICE INVITING TENDER

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1 DETAILED NOTICE INVITING TENDER TENDER FOR PROCUREMENT, SUPPLY, TRENCHING, LAYING, INSTALLATION, TESTING AND MAINTENANCE OF OPTICAL FIBER CABLE, PLB DUCT AND ACCESSORIES FOR CONSTRUCTION OF EXCLUSIVE OPTICAL NLD BACKBONE AND OPTICAL ACCESS ROUTES ON TURNKEY BASIS FOR DEFENCE NETWORK (Through e-tendering Process) TENDER NO-CA/CNP/NFS OFC/T- 419/2012 ISSUED ON 6 th Nov 2012 BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) MMT SECTION BHARAT SANCHAR BHAWAN, JANPATH, NEW DELHI T/No , FAX NO Visit us at

2 DETAILED NOTICE INVITING TENDER TENDER NO AND DATE :CA/CNP/NFS OFC/T- 419/2012 dated 6 th Nov 2012 DUE DATE OF RECEIPT : 11 th Dec 2012 TIME UPTO HOURS DATE OF OPENING : 11 th Dec 2012 TIME AT HOURS VENUE OF ONLINE TENDER OPENING: MMT Section, 2 nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi On behalf of CHAIRMAN & MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LIMITED Corporate Office, New Delhi digitally sealed online Tenders are invited for Procurement, Supply, Trenching, Laying, Installation, Testing and Maintenance of Optical Fiber Cable, PLB Duct and Accessories for construction of Exclusive Optical NLD Backbone and Optical Access routes on Turnkey basis for Defence Network. The supply of OFC & associated accessories and Laying, Installation, Testing and Maintenance of Optical Fiber Cable should conform to all the specifications contained in the tender document including TEC specifications wherever applicable. 2. Overview of Tender. This tender is intended for rollout of OFC network to be owned and operated by the Defence Services under the Project Implementation Core Group (PICG), MoD. A highly resilient exclusive OFC based nationwide optical backbone for 414 Defence sites and access networks at 219 Army sites will be rolled out as part of this project. The PICG has been created for planning, operations and maintenance requirements of this project on behalf of Ministry of Defence. The implementation of this project will be undertaken jointly by BSNL and PICG, whereby all essential project monitoring, installation, testing and acceptance tasks will be carried out by joint teams. After successful implementation of this project, all the network assets created for this project will be handed over by BSNL to the PICG for subsequent operations and maintenance. This Tender is being invited for Procurement, Supply, Trenching, Laying, Installation, Testing and Maintenance of Optical Fiber Cable and Accessories for construction of Exclusive Optical NLD Backbone and Optical Access routes on Turnkey basis. 3. Total OFC Routes, aggregating to 57,015 km, to be constructed as per scope of this tender is divided into SEVEN packages. OFC Details are as under:- 3.1 Type A: 48 Ribbon Fiber Intrusion Proof Fiber Optic Cable [(2x12F Ribbon G x12F Ribbon G.652D) + 8F G.652D Sensory Fibers] for NLD Routes. 3.2 Type B: 48 Ribbon Fiber Non Intrusion Proof Fiber Optic Cable [2x12F Ribbon G x12F Ribbon G.652D] for NLD Routes. 3.3 Type C: 48 Ribbon Fiber Intrusion Proof Fiber Optic Cable [4x12F Ribbon G.652D + 8F G.652D Sensory Fibers] for Access Network.

3 4. Package A consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the state of Jammu and Kashmir of the NTP region. 5. Package B consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the states of Punjab, Himachal Pradesh, Haryana and NCR of the NTP Region. 6. Package C consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the states of Rajasthan, Uttar Pradesh and Uttarakhand of the NTP Region. 7. Package D consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the states of Maharashtra, Goa, Gujarat, Chattisgarh and Madhya Pradesh of the WTP Region. 8. Package E consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the states and union territories of Tamil Nadu, Andhra Pradesh, Kerala, Karnataka and Lakshdweep of the STP Region. 9. Package F consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the states of West Bengal, Bihar, Jharkhand, Odisha, Andaman & Nicobar Islands and Sikkim of the ETP Region. 10. Package G consists of procurement, trenching, laying, installation, testing and maintenance of OFC and accessories for construction of NLD backbone and Access routes on turnkey basis in the states of Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Tripura of the NETF Region. 11. The details of geographical regions in each package and total and type of OFC required to be laid for NLD as well as Access routes in each package are given at Table 1.1. Ser No Pkg BSNL Region 48 Ribbon Fiber Intrusion Proof OFC (Type A) NLD Access Grand Total (Kms) Total (Kms 48 Ribbon Fiber Non Intrusion Proof OFC (Type B) 48 Fiber Intrusion Proof OFC (Type C) 1. A. NTP B. NTP C. NTP D. WTP E. STP F. ETP G. NETF Table 1.1

4 12. Accessibility of Tender document. Tender document can be obtained by downloading it from the E-tender Portal ETS. The tender documents shall not be available for download on its submission/closing date. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. The tender document for participating in E-tender shall be available for downloading from from 12 th Nov 2012, 16:00 Hrs onwards subject to following requirements: 12.1 Submission of tender fee of Rs 10,000/- in form of DD/ banker s cheque payable to AO (Cash), BSNL Corporate Office at New Delhi Submission of duly signed (Format Given at Appendix) on a non-judicial stamp paper of Rs 100/ Successful registration on the e-tender portal (if not done earlier) Submission of an undertaking of meeting the eligibility criteria in all respect on a non-judicial stamp paper of Rs 100/- duly signed by the authorised signatory of the company along with the power of attorney. 13. The eligible bidders should be an Indian registered company and should have obtained clearance from Reserve bank of India, wherever applicable. In addition they should meet the following criteria: 13.1 Eligibility Conditions for Consortium. In case the bidder is a consortium, then the conditions laid down in clause 13.4 below to 13.7 below for OFC manufacturer as well as EPC contractor must be individually satisfied by both the bidders Conditions for forming Consortium are as under: Consortium should comprise of maximum two members to include one EPC Contractor and one OFC Manufacturer The Lead Bidder in a consortium could be either an EPC contractor or an OFC manufacturer One EPC Contractor can be a part of maximum three consortiums either as a Lead Bidder or as a consortium partner One OFC Manufacturer can also be part of maximum three consortiums either as a Lead Bidder or as a consortium partner EPC (Engineering, Procurement and Construction) contractor means a company having capability of Route Survey, obtaining RoW permission, trenching, laying, testing & commissioning of OFC routes The members of the consortium should individually satisfy the eligibility conditions laid down in clause 13.4 below for each member of the consortium The lead bidder in a consortium must furnish the documentary evidence in the form of a consortium

5 agreement ensuring that the EPC contractor as well as the OFC manufacturer fully meets the respective eligibility conditions laid down in clauses/sub clauses 13.5, 13.6 and 13.7 below of the Technical, Experience and Financial Eligibility Criteria. The consortium agreement should be signed on non judicial Rs 100 (Rupees One Hundred Only) stamp paper, by the authorized signatories of the companies involved. The power of attorney of signing authorities must be submitted along with the agreement and the bid Eligibility Conditions for Sole Bidder. In case the bidder is a sole bidder (Single entity), then the conditions laid down in clause 13.4 below to 13.7 below for OFC manufacturer as well as EPC contractor must be satisfied by the sole bidder only Type and Quote of Bidder(s). The "Bidder(s)" must either be a sole bidder (single entity) or a consortium of maximum two members. The following conditions shall be adhered to while bidding: Consortium with same members (OFC manufacturer as well as EPC contractor) can submit only one bid per package No two bids are permitted for the same package with the same Lead Bidder and different consortium partners The bidder(s) can quote for maximum of three packages General Eligibility Criteria. The Compliance to the following general conditions is a must for all prospective bidders and consortium partners The lead bidder as well as the consortium partner shall be an Indian Registered Company under Company Act 1956 with Management & control with Resident Indian Nationals. The bidder shall provide the following documents: Certificate of Incorporation from Registrar of Companies Articles and Memorandum of Association Annual Report for the last three financial years Documentary evidence for registration with proof for Management and Control of Company with Resident Indian Nationals Bidder should quote for 100% of the quantities for package otherwise such bids shall be treated as non responsive and shall be summarily rejected The bidder should provide Copy of Permanent Account Number.

6 Bidder should have excise, permanent sales tax and service tax registration number, if applicable Technical Eligibility Criteria. All the interested bidders shall have adequate design, infrastructure, erection facilities and capacities and procedures including quality control. Important eligibility conditions for technical eligibility criteria are given below OFC Manufacturer The bidder must be an Optical Fiber Cable Manufacturer in India. The bidder should be an Indian company registered to manufacture and supply optical fiber cable during the last three years. The proof of manufacturing and supply of optical fiber cables in India shall be furnished by the bidder The OFC manufacturer should have Infrastructure Assessment (IA) certificate and Technical Specification Evaluation Certificate (TSEC) issued by BSNL, QA, Bangalore for the following at the time of bid submission: Fiber Loose tube / Ribbon Type Metal Free Optical Fiber Cable with minimum manufacturing capacity of 18,000 Km per annum Infrastructure Assessment certificate for ribbon type metal free optical cable TSEC for 48 Fiber Ribbon Type Metal Free Optical Fiber Cable and QF-103 issued from QA Circle for all the products against specifications given at Section VI of the tender document The OFC manufacturer should use ITU-T grade G.655 and G.652D optical fiber, sourced from CACT approved indigenous sources The OFC manufacturer should have ISO 9001:2008 certification or better with no prior history of withdrawal The OFC manufacturer should have inhouse test facilities of Optical, Geometrical,

7 Mechanical and Reliability parameters of Fiber and Cable as per EIA/TIA, IEC and ITU standards for fiber, ribbon fiber and cable The OFC manufacturer should have its own material and transmission lab as well as climatic chamber for testing of temperature range EPC Contractor The EPC Contractor should have ISO 9001:2008 certification or better with no prior history of withdrawal The EPC Contractor should have company owned, leased or rented OTDR, OFC Blowing machine, Optical Power meter, laser source, cable route locator, splicing machine and HDD machine. The EPC contractor should have company owned, leased or rented equipment for OFC laying and committing resources for execution and maintenance of project in the stipulated time as per clause below. In case the equipment is leased or rented, then the bidder is required to submit agreement details in this regard The EPC Contractor should have sufficient technical manpower on their payroll that should be committed for this project to undertake execution of trenching, laying, installation, testing and maintenance of NLD and access OFC routes on turnkey basis in the stipulated time as per clause below The EPC contractor shall own sufficient infrastructure including plant, machineries, tools, other equipments and technical Manpower for successful completion of the required job, as mentioned above. A detailed list showing plant, machineries, tools and other equipments owned by the bidder, clearly highlighting its make, model and year of purchase and a list of technical staff clearly showing their educational qualification and experience shall be submitted The EPC Contractor should have proper safety set-up, with an independent Health Safety & Environment Department.

8 13.6 Experience Eligibility Criteria OFC Manufacturer The OFC Manufacturer should have supplied minimum of cumulative 10,000 Km of OFC for Telecom Service Provider in the last five years, as on date of submission of bid The OFC Manufacturer should have supplied minimum of 1,000 Km of Ribbon type OFC for telecom service provider in the last five years, as on date of submission of bid The OFC Manufacturer should not be blacklisted by any Central/ State Government/ PSU or Telecom operator in India at the time of submission of bid EPC Contractor The EPC Contractor should have capability for trenching and OFC laying at least 25 km per day per package for the project duration on turnkey basis. An undertaking to this effect needs to be submitted as part of the bid The EPC Contractor should have an experience of trenching and laying minimum of 3,000 Kms of OFC, which should include at least 1,000 Kms of Underground OFC, as on date of submission of bid The EPC contractor should not be blacklisted by any Central/State Government/ PSU or Telecom operator in India at the time of submission of bid Financial Eligibility Criteria. The interested bidders shall be financially sound. All the bidders shall submit audited financial/annual reports for the last three financial years. In case the audited repot of the last financial year is not finalized at the time of bid submission, the report of the previous three financial years will be considered. The conditions for financial eligibility criteria are given as below : OFC Manufacturer Incase OFC Manufacturer participates as Lead Bidder or consortium partner for one package, then he should have a cumulative turnover of at least Rs. 200 Cr over the last three financial years Incase OFC Manufacturer participates as Lead Bidder or consortium partner for two

9 packages, then he should have a cumulative turnover of at least Rs. 400 Cr over the last three financial years Incase OFC Manufacturer participates as Lead Bidder or consortium partner for three packages, then he should have a cumulative turnover of at least Rs. 600 Cr over the last three financial years Incase OFC Manufacturer participates as Lead Bidder or consortium partner for one package, then he should provide banker s solvency certificate for Rs 75 Cr Incase OFC Manufacturer participates as Lead Bidder or consortium partner for two packages, then he should provide banker s solvency certificate for Rs 150 Cr Incase OFC Manufacturer participates as Lead Bidder or consortium partner for three packages, and then he should provide banker s solvency certificate for Rs 200 Cr EPC Contractor Incase EPC Contractor participates as Lead Bidder or consortium partner for one package, then he should have cumulative turnover of at least Rs Cr over last three financial years Incase EPC Contractor participates as Lead Bidder or consortium partner for two packages, then he should have cumulative turnover of at least Rs Cr over last three financial years Incase EPC Contractor participates as Lead Bidder or consortium partner for three packages, then he should have cumulative turnover of at least Rs 3000 Cr over last three financial years Incase EPC Contractor participates as Lead Bidder or consortium partner for one package, then he should provide banker s solvency certificate for Rs 300 Cr Incase EPC Contractor participates as Lead Bidder or consortium partner for two packages, then he should provide banker s solvency certificate for Rs 600 Cr Incase EPC Contractor participates as Lead Bidder or consortium partner for three

10 packages, then he should provide banker s solvency certificate for Rs 900 Cr Earnest Money Deposit The EMD for each package is Rupees Five Crores Only. EMD shall be submitted separately for each package The bidder shall furnish the bid EMD in one of the following ways: Demand Draft / Bankers Cheque drawn in favour of A.O. (Cash), BSNL C.O Payable at Delhi Bank Guarantee from a scheduled bank drawn in favour of DGM (MMT), BSNL C.O Delhi which should be valid for 210 days from the tender opening date. File No. CA/MMT/11-15/2012(CNP) Dated (A.K. Verma) AGM(MMY) 2 nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi T/No ID : akverma@bsnl.co.in

11 NON-DISCLOSURE AGREEMENT Appendix (Refer Para 12.2 of NIT) This Agreement is made on day of 2012 between BHARAT SANCHAR NIGAM LIMITED (BSNL) a Government of India enterprises, having its registered and corporate office at Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi hereinafter called BSNL which expression shall unless repugnant to the subject or the context mean and included its successor, nominees or assigns and M/s a company incorporated under the Indian Companies act, 1956, and having its registered office at herein after called bidder which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns. Whereas an RFP was floated by BSNL for Procurement, Supply, Trenching, Laying, Installations, Testing and Maintenance of Optical fiber Cable, PLB and Accessories for Underground NLD backbone and Access Routes on Turnkey Basis and M/s is one of the shortlisted bidders. The shortlisted bidder will be issued tender document, which contains highly classified and confidential information. The information is to be protected from unauthorized use and disclosure: In consideration of this, the bidder agrees as follows:- 1. This Agreement will apply to any information including information listed in Exhibit A attached hereto pertaining to project disclosed by BSNL to the bidder in writing or otherwise information consists of tender document, specifications, designs, plans drawing, software, prototypes and / or technical information, and all copies and derivatives containing such Information, that may be disclosed to bidder for and during the Purpose. Information may be in any form or medium, tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual observation or by any other means by BSNL to the bidder. 2. The bidder shall use the information pertaining to this project only for the purpose and shall hold information in confidence using the same degree of care as it normally exercises to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the information, and shall grant access to information only to its employees who have need to know, but only to the extent necessary to carry out the business purposes of this project as defined in. The bidder shall cause its employees to comply

12 with the provisions of this Agreement applicable to his and shall not reproduce information without prior permission of BSNL. The permission to reproduce shall only be given if considered necessary and to the extent essential for fulfilling the purpose. The bidder may, however, disclose the information to its consultants and contractors with a need to know; provided that by doing so, the bidder agrees to bind those consultants and contractors to terms at least as restrictive as those stated herein, advise them of their obligations and indemnify BSNL for any breach of those obligations. 3. The bidder shall not disclose any information pertaining to this project to any third party. 4. Upon the request of BSNL, he shall return all information to BSNL immediately, provided, however, that an archival copy of the information may be retained in the files of the bidder s counsel, solely for the purpose of providing the contents of the information. 5. In case the bidder is not selected for awarding the work of this project, he shall return to BSNL all the original documents that have been made over by BSNL to him pertaining to this project Within 15 days of outcome of the tender and shall destroy all hard / soft copy/(ies) of the information pertaining to this project. Intimation in this regard is to be given by bidder to BSNL. 6. The bidder recognizes and agrees that all the information pertaining to this project is highly confidential and is owned solely by BSNL Govt of India and that the unauthorized disclosure or use of such Confidential information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, the bidder agrees that BSNL will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach. 7. The bidder s failure to enforce any provision, right or remedy under this agreement shall not constitute waiver of such provision, right or remedy. 8. This Agreement will be construed in, interpreted and applied in accordance with the laws of India. 9. This Agreement and Exhibit A attached hereto constitutes the entire agreement with respect to the bidders obligations in connection with information disclosed hereunder.

13 10. The bidder shall not assign this Agreement without first securing BSNL s written consent. 11. This agreement will remain in effect for ten years from the date of the last disclosure of confidential information, at which time it will terminate, unless extended by BSNL in writing. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly authorized officer or representatives. M/s BHARAT SHANCHAR NIGAM LIMITED Signature Signature Printed Name Printed Name Title Title

14 Exhibit A (Refer Para 1 above of ) 1. Business Purpose. Procurement, Supply, Trenching, Laying, Installation, Testing and Maintenance of Optical fiber Cable, PLB and Accessories for Underground NLD Backbone and access Routes on Turnkey Basis. 2. Confidential Information of Bharat Sanchar Nigam Limited (BSNL) 2.1. Tender document for NLD and Access routes The technical specifications / bill of material for NLD and Access Routes Details of network locations, Link lists and Network Roll out Plan All network details of NLD and Access routes All information shared in oral or in written by BSNL with M/s. BSNL : M/s Signed Signed