Indian Institute of Management Kashipur. for Providing the Internet Leased Line Connectivity at

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1 Indian Institute of Management Kashipur Request for Proposal (RFP) for Providing the Internet Leased Line Connectivity at Permanent and Temporary campuses of Indian Institute of Management Kashipur RFP Reference No. : 34/IIMKASHIPUR/ RFP Issue Date : 05 th April 2016 Last Date of Submission : 26 th April 2016 Indian Institute of Management Kashipur Bazpur Road, Kashipur, District - Udham Singh Nagar, Uttarakhand Phone: / 76 Ext ID: Website: Page 1 of 35

2 [A] Important Dates: 1. Issuance of RFP Document by IIM 05 th April Last date of sending pre-bid queries 11 th April 2016 by 5:00pm 3 Pre-bid meeting 12 th April 2016 by pm at our office i.e. IIM Kashipur,Bazpur Road Uttarakhand 4. Last Date of Submission of 26 th April 2016 by am Response by the Bidder 5 Opening of Technical Bid 26 th April 2016 at am in our office i.e IIM Kashipur Bazpur Road Uttarakhand [B] Important Clarifications: Following terms are used in the document interchangeably to mean: IIM, Indian Institue of Management Kashipur RFP means this RFP document Recipient, Respondent and Bidder means Respondent to the RFP document. OEMs means Original Equipment Manufacturers ILL means Internet Lease Line Tender means RFP response documents prepared by the bidder and submitted to IIM Kashipur This document is meant for the specific use by the Company / person/s interested to participate in the current tendering process. This document in its entirety is subject to Copyright Laws. Indian Institute of Management Kashipur expects the bidders or any person acting on behalf of the bidders to strictly adhere to the instructions given in the document and maintain confidentiality of information. The bidders will be held responsible for any misuse of the information contained in the document and liable to be prosecuted by IIM Kashipur. In the event of such a circumstance is brought to the notice of the IIM Kashipur. By downloading the document, the interested party is subject to confidentiality clauses. Page 2 of 35

3 Request For Proposal Indian Institute of Management Kashipur invites sealed RFP from well-established firms / agencies having relevant experience, in two bids for providing the Internet Leased Line Connectivity for Mbps dedicated uncompressed symmetric Internet Bandwidth (1:1) connectivity through leased line (redundant fully fiber optic) with assured bandwidth of 200 Mpbs worldwide for its permanent campus, IIM Kashipur, Kundeshwari Road, Kashipur for a period of 3 years and Mbps (1:1 uncompressed and unshared) through leased line (redundant fully fiber optic) for its temporary campus, i.e., IIM Kashipur, Bazpur Road, Kashipur for a period of 2 years. The tender document can be downloaded from the Institute website at URL Link: The bidder shall be required to submit the Earnest Money Deposit(EMD) by way of demand drafts only.the demand drafts shall be drawn in favour of IIM Kashipur payable at Kashipur. The demand drafts for earnest money deposit must be enclosed in the envelope containing the technical bid. Estimated Cost (in. Rs.) EMD Amount (in Rs.) Total Work Duration For 200 mbps leased line 1,02,30,000/- 5,00,000/- 3 years For 60 mbps leased line 24,50,000/- 1,20,000/- 2 years Page 3 of 35

4 The said earnest money will not bear any interest and will be refundable only after finalization of the contract awarding process. Section I 1. IIM Kashipur The Indian Institute of Management, Kashipur, also known as IIM Kashipur, is a public business school located in Kashipur, Uttarakhand, India. It is one of the six Indian Institutes of Management the government has set up during the Eleventh Five-Year Plan. The foundation stone was laid by the HRD Minister, Kapil Sibal on 29 th April, IIM Kashipur is currently operational from a temporary campus located at Ganna Sansthan, Bazpur Road. The sixth batch shall be inducted in June acres of land in the Escorts Farm area of Kashipur, Uttarakhand have been allocated by the Government of Uttarakhand for the institute's permanent campus. The batches is scheduled to be admitted to the new campus. The organization is looking at building the permanent campus as a smart campus and requires solid network and data center infrastructure backbone to support all the desired functionalities. 2. Introduction and Disclaimer Indian Institute of Management Kashipur invites sealed tender from well-established ILL Sevice Provider firms / agencies having relevant experience, in two bids for providing the Internet Leased Line Connectivity for 200 Mbps dedicated uncompressed symmetric Internet Bandwidth (1:1) connectivity through leased line (redundant fully fiber optic) with assured bandwidth of 200 MBPS for its Permanent Campus, IIM Kashipur, Kundeswari Road, Kashipur and 60 Mbps (1:1 uncompressed and unshared) through leased line (redundant fully fiber optic) at temporary campus i.e. IIM Kashipur, Bazpur Road, Kashipur, a minimum period of 2 / 3 years which would be further extendable subject to mutually agreed terms, conditions and rates. However, it can be terminated at any time giving 30 days advance notice if the services rendered to IIM has been found unsatisfactory. The document provides information to prospective bidders on IIM Kashipur and its goals, detailed scope and information on the overall bid process. The document also provides instructions to the bidders on response to be provided to the bid. Page 4 of 35

5 The bidders are requested to read all instructions, forms, terms, requirements & other information in the RFP carefully. Submission of the bid shall be deemed to have been done after careful study and examination of the RFP with full understanding of its implications. 3. Information Provided The RFP document contains statements derived from information that is believed to be true and reliable at the date obtained but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with IIM Kashipur in relation to the provision of services. Neither IIM Kashipur nor any of its directors, officers, employees, agents, representative, contractors, or advisers gives any representation or warranty (whether oral or written), express or implied as to the accuracy, updating or completeness of any writings, information or statement given or made in this RFP document. Neither IIM Kashipur nor any of its directors, officers, employees, agents, representative, contractors, or advisers has carried out or will carry out an independent audit or verification or investigation or due diligence exercise in relation to the contents of any part of the RFP document. 4. For Respondent Only The RFP document is intended solely for the information of the party to whom it is issued ( the Recipient or the Respondent ) i.e. Government Organization, PSU, limited Company or a partnership firm and no other person or organization. 5. Confidentiality The RFP document is confidential and is not to be disclosed, reproduced, transmitted, or made available by the Recipient to any other person. The RFP document is provided to the Recipient on the basis of the undertaking of confidentiality given by the Recipient to IIM Kashipur. IIM Kashipur may update or revise the RFP document or any part of it. The Recipient accepts that any such revised or amended document will be subject to the same confidentiality undertaking. Page 5 of 35

6 The Recipient will not disclose or discuss the contents of the RFP document with any officer, employee, consultant, director, agent, or other person associated or affiliated in any way with IIM or any of its customers or suppliers without the prior written consent of IIM. 6. Recipient Obligation to Inform Itself The Recipient must apply its own care and conduct its own investigation and analysis regarding any information contained in the RFP document and the meaning and impact of that information. 7. Evaluation of Offers The issuance of RFP document is merely an invitation to offer and must not be construed as any agreement or contract or arrangement nor would it be construed as any investigation or review carried out by a Recipient. The Recipient unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation, or warranty given in this RFP document. 8. Errors and Omissions Each Recipient should notify the IIM of any error, fault, omission, or discrepancy found in this RFP document but not later than one business day before the scheduled pre-bid meeting date given in the RFP. 9. Acceptance of Terms A Recipient will, by responding to the IIM s RFP document, be deemed to have accepted the terms as stated in this RFP document. RFP Document is for Selection of providing the Page 6 of 35

7 (redundant fully fiber optic) with assured bandwidth of 200 Mpbs for its Permanent Campus, IIM Kashipur, Kundeswari Road, Kashipur and 60 Mbps (1:1) through leased line (redundant fully fiber optic) at temporary campus i.e. IIM Kashipur, Bazpur Road, Kashipur Section - II 1. Existing Setup IIM Kashipur is already having NKN ILL available at Bazpur road where current classes are being conducted. Currently, new campus is coming at Kundeshwari road which will take at least a year to become fully operational however couple of buildings and classes is ready for occupation from June Hence IIM Kashipur would like to have additional ILL BW 200 MBPS 1:1 in IIM Kashipur New Campus & 60 MBPS 1:1 at existing location so that classes can run smoothly at both the places as well as, ILL will provide support to have required BW for Video conferencing over the internet at IIM Kashipur. The required router for the setup at Kundeshwari road has to be provided by Bidder on rental Basis till IT equipments are being delivered by third party IT bidder. 2. Requirements IIM Kashipur desires to select a vendor for providing 200 Mbps & 60 MBPS 1:1 Dedicated Leased Line Internet Bandwidth Service with dual last mile connectivity at IIM Kashipur new campus & existing campuses as well respectively. The detailed address where the internet Link is to be terminated is mentioned below S.No Bandwidth at Location Range Contact Person at given address (Mbps) 1 Permanent Campus: IIM Kashipur, Kundeshwari Road, Kashipur 2 Temporary Campus: IIM Kashipur, Kundeshwari Road, Kashipur 200 Mbps 60Mbps CE (Project), IIM Kashipur, Bazpur Road, Kashipur, Dist- Udham Singh Nagar, Uttarakhand CAO, IIM Kashipur, Bazpur Road, Kashipur, Dist- Udham Singh Nagar, Uttarakhand Page 7 of 35

8 Vendor who is interested in participating in this RFP must fulfill the eligibility criteria mentioned under Section-II, apart from the above, the vendor must also agree to all our terms & conditions specified in this RFP. General & Technical Details: Dedicated 200 MBPS/60 MBPS (1:1 uncompressed & unshared) Internet Bandwidth link should be providing along with rental router (only for 200 MBPS line),uptime Guarantee with SLA % Month on Month Basis. Dual Last mile connectivity with two different service provider using Fiber with end point (access point) port on Ethernet (RJ45 port). The link shall be terminated on Ethernet port of the router which also will be arranged by the Service Provider. BIDDER should be able to provide Internet Bandwidth of 200 Mbps & 60 MBPS 1:1 dedicated respectively at both the locations (if required) as specified above on demand from the IIM Kashipur for which required Infrastructure should be made available however router (only for 200 MBPS line) will be provided by Bidder on rental basis till then IT equipments are being delivered by third party. BIDDER shall also provide 64 public IPs. However IIM Kashipur desires to own public IPs of /24 subnet for which bidder should facilitate for the procurement of the same from APNIC. In that case on demand from the IIM Kashipur, the successful bidder unconditionally shall have to configure these IP addresses and on successful commissioning, shall withdraw their own IP addresses. Internal cabling which is required from the service provider mux to the router has to be laid by the bidder. Dual Fibre cable should be laid. The costing for the same should be included in the commercial proposal. At the new campus, bidder has to made a provision for laying down the cable at 2 places, first at HVAC building where Link will be terminated and second at Page 8 of 35

9 library, where link will get transferred when Data-Center will get transferred from HVAC building to Library Building. In case the Bidder hires the last mile connectivity service from third party (to provide dual last mile), the details there of shall have to be explicitly provided at the time of bidding itself. However, in all cases, the bidder will be responsible to maintain and monitor the end-to-end connectivity on 24x7 basis so as to meet the committed SLA. The bidder is responsible for liaising with government agencies or other Departments to provide any licenses, approvals etc. that may be required. The Multiplexers/Modems/Patch Cords/Fiber Converter etc. and any other equipments (if necessary) for commissioning of 200 & 60 Mbps internet bandwidth link will have to be supplied, installed and maintained (all throughout the service period) by the bidder at sites and shall remain their property. However, the infrastructure such as, space, air-conditioning and UPS power will be provided by the IIM Kashipur within IIM own premises. However Router will be provided by Service provider on rental basis (only for 200 MBPS line) and the amount will be taken care in Bid amount while Bidder will bid. The bidder should not terminate the connections of other customers on the devices installed at our premises and should furnish an undertaking to this effect. Provision of the link is subject to satisfactory Acceptance Test. The bidder shall arrange for the UAT as per IIM Kashipur requirements. After commissioning the links, an acceptance test will be conducted. The methodology for the test will be at the discretion of IIM Kashipur. The link commissioning is deemed to be complete only if the acceptance test results are found satisfactory. Acceptance tests will be conducted by the IIM Kashipur at its premises at IIM Kashipur new & existing Campus. Page 9 of 35

10 Bidder should provide 24x7 supports and should have facilities for 24x7 centralized call centre / NOC. Also, the Bidder should have adequate resources to provide immediate support in case of link break downs or any such issues/problems. The bidder should provide online portal to view real time Bandwidth utilization / performance. It should provide report generation such as real time basis / Hourly, Daily, Weekly and Monthly basis. Besides, the reports should also be made available on demand. Wireless for the last mile will not be accepted. The day-to-day co-ordination and Project Management on behalf of the IIM Kashipur will be done by the Service provider till then any Integrators (SI) appointed by the IIM Kashipur. Bidder should coordinate and co-operate with the IIM Kashipur till then SI will take place. Page 10 of 35

11 3. Eligibility Criteria for providing Leased Line Internet Bandwidth Service: Sr. No Eligibility Criteria Supporting Document 1. Interested Bidders who is willing to participate in the RFP, should meet the following eligibility criteria Should be in Core ISP business at least for a period of last three years. Should be registered with TRAI for providing Internet Bandwidth Service in India Should have made Net Profits in each year for last three financial years. Minimum turnover out of Indian operations should be not less than Fifty crores from the business of Internet Bandwidth Service each year for the last three financial years Should have direct support office at Uttarakhand /Delhi. The service provider should be a global ISP having its own network reach ability in minimum two regions. (i.e. APAC, EMEA, US & LATAM). The service provider should have min. two NOCs operating in different cities. The service provider should give a denial of service response guarantee in SLA where in the service provider will take immediate action (within 15 Minutes of BOB opening a trouble ticket with the service provider) to stop the attack. Documentary Proof should be Attached Copy of Registration Certificate Copy of the last three years audited financial statements Copy of the last three years audited financial statements Detailed address of support Offices. Self certified letter for compliance of the same Self certified letter for compliance of the same The service provider should commit 100% availability of his internet backbone / core network. This also includes POP uptime /availability Self certified letter for compliance of the same Bidder should be Tier 1 Service provider having their own international Internet gateway. Bidder should be a class-a/b ISP license holder from DoT, Government of India. Page 11 of 35 Copy of the letter for compliance Copy of the letter for compliance

12 The bidder shall be peering with at least min. 2 other ISP in four metro cities. The bidder should have a self heading backbone No generic call centre or telephonic support is accepted. No Franchisee support is acceptable to IIM. 2. Bidder s bidding for temporary campus work - Should have commissioned & maintained minimum 3 Links of 60 MBPS Leased Line Internet Bandwidth in each year for the past three years at various offices of PSUs preferably Corporate /Educational institutions having a Educational Institution Bidder s bidding for new campus work- Should have commissioned & maintained minimum 2 Link of 200 MBPS ILL in each year for the past three years at various offices of PSUs preferably Corporate /Educational institutions having a Educational Institution 3 Although Educational institution is not 24 hours service oriented sector,however this link will be delivered in Existing DC /Temp DC which will also be act as a permanent hence any technical problem related to this particular both link should be resolved within maximum of 24 hours of call reported. 4. Should be able to commission Leased Line Internet Bandwidth within four to five weeks from the date of purchase order. Bidder has to do their feasibility study and submit their positive reports to IIM. Copy of letter for compliance of the same Copy of letter for compliance of the same Copy of letter for compliance of the same Self-certified letter in compliance of all terms & conditions specified in the RFP. Document proof for the commissioning of Internet Link should be attached Document proof for the commissioning of Internet Link should be attached A self certified letter to be submitted A self certified letter to be submitted for meeting the delivery schedule and accepting the LD clause For late delivery the LD clause would be of the contract value inclusive of all taxes, duties, levies etc., per week or part there of subject to a maximum of 5%. Page 12 of 35

13 Please note that all the documents requested should be arrange in the same order as mentioned in the Checklist. Please note that any response which does not provide any / all of the above information in the specified formats shall be rejected and the IIM Kashipur shall not enter into any correspondence with the service provider in this regard. For any further clarifications you may contact the following officer: Mr. Prakash Singh (IT Department) Indian Institute of Management, Bazpur Road, Kashipur, Uttarakhand Contact no. : , ID: ; Page 13 of 35

14 Section - III TERMS & CONDITIONS FOR THE SELECTION OF BIDDER TO PROVIDE LEASED LINE INTERNET BANDWIDTH SERVICE GENERAL TERMS The terms and conditions presented are indicative in nature and not exhaustive. Bidders should note that these conditions and the responses are expected to form the basis of the contract between IIM Kashipur and the Bidder. 1. Standards: All standards to be followed will adhere to Bureau of Indian Standards (BIS) specifications or other acceptable standards. 2. Language of Tender The Tender prepared by the Bidder, as well as all correspondence and documents relating to the Tender exchanged by the Bidder and the IIM Kashipur and supporting documents and printed literature shall be in English language only. 3. Formats of Bids: The bidders should use the formats prescribed by the IIM Kashipur in the TENDER for submitting both technical and commercial bids. The IIM Kashipur reserves the right to ascertain information from the IIM and other institutions to which the bidders have rendered their services for execution of similar projects. 4. Timeframe The following is an indicative timeframe for the overall selection process. IIM Kashipur reserves the right to vary this timeframe at its absolute and sole discretion should the need arise. Changes to the timeframe will be relayed to the affected Respondents during the process. Page 14 of 35

15 Tender Issuance Date 5 th April 2016 Prebid meeting 12 th April 2016 at 3.00 PM at our IIM Kashipur Office Last Date for submission of bids 26 th April 2016 at a.m. Technical Bid Opening 26 th April 2016 at a.m. 5. Submission of Tender: The Tender documents for each work (permanent and temporary campus) should be submitted in duplicate i.e. in Two Sets (Set 1 Marked as Original Set and Set 2 Marked as Duplicate Set) Each Set should contain one copy of Technical Tender and one copy of Commercial Bid (to be kept in separate sealed envelopes) super scribing as under: Technical proposal for the selection of Service provider for providing Leased Line Internet Bandwidth service Technical Proposal should contain the solution architecture for Leased Line Internet Bandwidth and all other relevant documents for supporting eligibility criteria mentioned in the RFP Commercial proposal for the selection of Service provider for providing Leased Line Internet Bandwidth service Only one submission of response to tender by each bidder will be permitted The bidders shall submit the proposals properly filed so that the papers are not loose. All the pages of the proposals including documentary proofs should be numbered as Page (current page) of (Total pages) and be signed by authorized signatory (except literatures, datasheets and brochures). The current page number should be a unique running serial number across the entire proposal. In case of delay or non-delivery of tenders, IIM Kashipur will not assume any responsibility. Page 15 of 35

16 Mere response to the tender will not entitle nor confer any right on the Bidders for supply/sale to the IIM 6. Compliance to IIM kashipur all terms and conditions: Bidder has to submit a letter of undertaking along with the Tender that they will abide by all the terms and conditions stated in our Tender. 7. Late Tender submission policy: It should be clearly noted that IIM Kashipur has no obligation to accept or act on any reason for a late submitted response to tender. Tenders lodged after the deadline for lodgment of Tenders shall not be accepted by IIM Kashipur. IIM Kashipur has no liability to any person who lodges a late Tender for any reason whatsoever, including tenders taken to be late only because of another condition of responding. 8. Validity of Tender: The Tender will remain valid and open for evaluation according to the terms for a period of four months from the date the tender submission date closes. 9. Request for Information: Recipients are required to direct all communications related to this tender, including notification of late tender submission, through the Nominated Point of Contact person i.e. Mr. Prakash Singh, IT Department All questions relating to the tender, technical or otherwise must be in writing only to the Nominated Point of Contact. IIM Kashipur will not bound to answer any communication initiated by Bidder later than. one business day before the scheduled pre-bid meeting date given in the RFP However, IIM Kashipur may in its absolute discretion seek, but under no obligation to seek, additional information or material from any Bidder after the tender closes and all such information and material provided must be taken to form part of that tender. Page 16 of 35

17 Bidder should invariably provide details of their address (es) as responses to queries will only be provided to the Bidder via . If IIM kashipur in its absolute discretion deems that the originator of the question will gain an advantage by a response to a question, then IIM Kashipur reserves the right to communicate such response to all Bidders participating the tender. Bidders are advised to keep visiting the IIM Kashipur website from time to time (till the deadline for bid submission) for any updates in respect of the notice, if any. Failure to do so shall not absolve the bidder of his liabilities to submit the bid complete in all respect including updates, thereof, if any. An incomplete bid may be liable for rejection. IIM Kashipur may in its absolute discretion engage in discussion with any Bidder (or simultaneously with more than one Bidder) after the tender closes to understand any response. 10. Evaluation of Tender The Technical Proposal will be evaluated only for those respondents who are fulfilling the eligibility criteria as given under Section II. The Technical Proposal will be evaluated for technical suitability. During evaluation of the Tenders, IIM Kashipur, at its discretion, may ask the Bidder for clarification in respect of its tender. The request for clarification and the response shall be in writing, and no change in the substance of the tender shall be sought, offered, or permitted IIM Kashipur reserves the right to accept or reject any tender in whole or in parts without assigning any reason thereof. IIM Kashipur decision will be final & IIM Kashipur will not entertain any correspondence in this regard. 11. Notification IIM Kashipur will notify the Respondents as soon as practicable about the outcome of the TENDER evaluation process, including whether the Respondent s TENDER response has Page 17 of 35

18 been accepted or rejected. IIM Kashipur is not obliged to provide any reasons for any such acceptance or rejection. 12. Authorized signatory: The selected Bidder shall indicate the authorized signatories who can discuss and correspond with IIM, with regard to the obligations under the contract. The selected Bidder shall submit at the time of signing the contract, a certified copy of the extract of the resolution of their Board, authenticated by Company Secretary, authorizing an official or officials of the company or a Power of Attorney copy to Discuss, sign agreements/contracts with the IIM Kashipur. The Bidder shall furnish proof of signature identification for above purposes as required by IIM Kashipur. The selected Bidder shall indicate the authorized signatories who can discuss and correspond with IIM Kashipur, with regard to the obligations under the contract. 13. Inspection & Audit The IIM kashipur shall have the right to inspect and test the infrastructure and system of the bidder at any time. The bidder on demand from the IIM Kashipur shall carry out such tests in appropriate manner in the presence of IIM Kashipur representatives. The expenditure incurred for the visit of IIM Kashipur representative will be borne by the IIM Kashipur. The bidder shall make available all necessary and relevant records, facilities access to the system and access to the personnel for audit by the IIM Kashipur or any representative authorized by the IIM Kashipur. 14. IIM Kashipur reserves the right to: Reject any and all responses received in response to the RFP Waive or Change any formalities, irregularities, or inconsistencies in proposal format delivery Extend the time for submission of the tender Page 18 of 35

19 Select the most responsive Bidder (in case no Bidder satisfies the eligibility criteria in totality) Share the information/ clarifications provided in response to tender by any Bidder, with any other Bidder(s) /others, in any form. Cancel the tender at any stage, without assigning any reason whatsoever Cancellation of contract and compensation: The IIM Kashipur reserves the right to cancel the contract of the selected Bidder and recover expenditure incurred by the IIM kashipur on the following circumstances. The IIM Kashipur would provide 30 days notice to rectify any breach/ unsatisfactory progress: I. The selected Bidder commits a breach of any of the terms and conditions of the tender/contract. II. III. IV. The selected Bidder becomes insolvent or goes into liquidation voluntarily or otherwise The progress regarding execution of the contract, made by the selected Bidder is found to be unsatisfactory. If the commissioning Leased of Line Internet Bandwidth delayed by more than two weeks from the due date of commissioning / If deductions on account of liquidated Damages exceeds more than 5% of the total contract value. If the selected Bidder fails to complete the due performance of the contract in accordance with the agreed terms and conditions VI. An attachment is levied or continues to be levied for a period of 7 days upon effects of the tender. 16. No Legal Relationship No binding legal relationship will exist between any of the Recipients / Respondents and IIM Kashipur until execution of a contractual agreement. However, once a Letter of Award is issued by IIM and is duly accepted by successful bidder, it would become a binding document till the contract agreement has not been executed. 17. Disqualification: Any form of canvassing/lobbying/influence/query regarding short listing, status etc will be a disqualification. 18. Force Majeure: Page 19 of 35

20 Should either party be prevented from performing any of its obligations under this proposal by reason of any cause beyond its reasonable control, the time for performance shall be extended until the operation or such cause has ceased, provided the party affected gives prompt notice to the other of any such factors or inability to perform, resumes performance as soon as such factors disappear or are circumvented. If under this clause either party is excused performance of any obligation for a continuous period of ninety (90) days, then the other party may at any time hereafter while such performance continues to be excused, terminate this agreement without liability, by notice in writing to the other. 19. Arbitration: In the event of a dispute or difference of any nature whatsoever between IIM Kashipur and the Bidder during the course of the assignment arising as a result of this proposal, the same will settled through the process of arbitration conducted by a Board of Arbitration. This Board will be constituted prior to the commencement of the arbitration and will comprise of two arbitrators and an umpire. IIM Kashipur and Bidder will each nominate an arbitrator to the Board and these arbitrators will appoint the umpire. Arbitration will be carried out at IIM Kashipur office that placed the order. The provisions of Indian Arbitration Act 1996 shall apply to the Arbitration proceeding. 20. Confidentiality: The Bidder shall keep confidential any information obtained under the contract and shall not divulge the same to any other person without consent in writing by IIM Kashipur. In case of non-compliance of the confidentiality agreement, the contract is liable to be cancelled by IIM Kashipur. Further, IIM Kashipur shall have right to regulate Bidder staff. 21. Publicity: The Bidder shall not advertise or publicly announce that he is undertaking work for IIM Kashipur without written consent of IIM Kashipur. In case of non-compliance of this clause the Bidder will be debarred for participating any future tender / contract for a period of three years. Page 20 of 35

21 22. Variation: IIM Kashipur may at any time during the contract require the Bidder to revise the Equipment, Services or Supplies including Completion Date. In an event of such nature, IIM Kashipur will request the Bidder to state in writing the effect such variation will have on the work schedule. The Bidder shall furnish these details, in writing, in one week from the receipt of such request. 23. Applicable Law and Jurisdiction of Court: The Contract with the selected bidder shall be governed in accordance with the Laws of India for the time being enforced and will be subject to the exclusive jurisdiction of Courts at Udham Singh Nagar (with the exclusion of all other Courts). 24. Disclaimer: Subject to any law to the contrary, and to the maximum extent permitted by law, IIM Kashipur and its directors, officers, employees, contractors, agents, and advisers disclaim all liability from any loss claim, expense (including, without limitation, any legal fees, costs, charges, demands, actions, liabilities expenses or disbursements incurred therein or incidental thereto or damage (whether foreseeable or not) suffered by any person acting on or refraining from acting because of any presumptions/ information (whether oral or written and whether express or implied information, including forecasts, statements, estimates, or projections contained in this tender document or conduct ancillary to it whether or not the losses or damage arises in connection with any negligence, omission, default, lack of care or misrepresentation on the part of IIM Kashipur or any of its directors, officers, employees, contractors, agents, or advisers. Commercial Terms & Conditions 25. Earnest Money Deposit (EMD): Earnest Money Deposit of Rs.5,00,000/- (Rupees Five Lac only) for 200 MBPS line and 1,20,000/- (One Lac Twenty Thousand) for 60 MBPS line has to be submitted by way of Demand Draft / Banker's Cheque / Pay Order drawn in favor of "IIM Kashipur" payable at Kashipur. Earnest Money Deposit will not carry any interest. Page 21 of 35

22 The Earnest Money Deposit of unsuccessful bidders will be refunded while intimating the rejection of the bid. Earnest Money Deposit will be refunded for the unsuccessful bidders within two weeks from the date of issue of letter of award and its acceptance by the successful bidder. The Earnest Money Deposit of the successful bidder will be refunded one month after the completion of contract period. Earnest Money Deposit should be kept it a separate sealed envelope and to be delivered along with the TENDER responses. The Earnest Money Deposit will be forfeited if: The bidder withdraws his tender before processing of the same. The bidder withdraws his tender after processing but before acceptance of Letter of appointment to be issued by the IIM Kashipur The bidder violates any of the provisions of the terms and conditions of this TENDER specification 26. Submission of commercial quotes Commercial quote should be submitted as per format of Annexure - C in sealed envelope Price should be inclusive of all taxes, duties, levies, Octroi / entry tax except service tax which will be payable on actual on production of original receipt. 27. Evaluation of Commercial quotes L1 (Lowest Bidder) will be arrived on the basis of total charges for -2- years as mentioned in annexure-c commercial sheet. It would be evaluated separately for permanent campus (C1 section of Annexure-C) and for temporary campus (C2 section of Annexure-C) 28. Place of Order IIM Kashipur office will place the order and Internet Leased Line should be commissioned at our office in IIM Kashipur New campus / Temporary Offices as mentioned in section II. 29. Validity of contract: Page 22 of 35

23 The 200Mbps internet bandwidth with dual last mile will be procured for a minimum period of three years subject to renegotiation of commercials at the end of contract period keeping in view the prevailing market conditions. The 60 MBPS 1:1 internet bandwidth will be procured for a minimum period of two years subject to renegotiation of commercials at the end of contract period keeping in view the prevailing market conditions. However, the IIM Kashipur reserves its rights to terminate the link, after commissioning, at any time during the said period, by giving due notice of termination. The period of notice may be agreed upon mutually, subject to the condition that it will not exceed three month. 30. Delivery: Leased Line Internet Bandwidth should be commissioned at IIM Kashipur said address mentioned in section II within Five weeks from the date of Letter of award. Bidder will have to pay liquidated damages (LD) to IIM 1% of the contract value inclusive of all taxes, duties, levies etc., per week or part thereof, for late delivery beyond due date of commissioning, to a maximum of 5%. If delay exceeds two weeks from due date of commissioning, IIM Kashipur reserves the right to cancel the entire order. If LD exceeds the maximum of 5%, IIM Kashipur may de-list the Bidder from participating any of our tender in future for a period of two years. 31. Uptime Guarantee: Bidder will have to guarantee a minimum uptime of 99.95%, calculated on a monthly basis. The quality of Bandwidth and other services offered should meet the SLA requirements. Bidder should furnish uptimes and also the turn-around time in case of failure of link. An uptime of 99.95% for the internet Bandwidth including the last mile connectivity on 24 x 7 basis. Uptime percentage will be calculated on monthly basis. Page 23 of 35

24 Network uptime (%) = Sum of total hours during the month sum of downtime hours during the month x 100 Sum of total hours during the month Example: If there are 30 days in a calendar month, then total time would be 43,200 minutes. The acceptable down time would be 21.6 minutes (0.05%) for making full payment for the month based on the following calculations ( )/43200*100=99.95% The bidder should proactively monitor the downtime status and advise the IIM Kashipur. The downtime meter is supposed to have commenced from such time it is reported either by the bidder or from the time the trouble tickets are raised by the Institute system integrator. Uptime and Penalties for downtime Levy of penalties is without prejudice to other rights and remedies available under this agreement Level of Network uptime per month Amount payable for Bandwidth recurring charges 99.95% and above 100% of Monthly bandwidth charges 99.00% and above but below 99.95% 90% of Monthly bandwidth charges 99.00% and above but below 99.95% 80% of Monthly bandwidth charges 99.00% and above but below 99.95% 70% of Monthly bandwidth charges 99.00% and above but below 99.95% 60% of Monthly bandwidth charges Below 97.50% 50% of Monthly bandwidth charges and the Institute also reserves the right to terminate the contract. Further if the number of link down instances during a month exceeds 3, an additional 0.50% downtime will be reduced from uptime and the penalty will be calculated accordingly Page 24 of 35

25 Penalties, if any shall be calculated for every month and recovered from payments to be made at the end of every quarter. The invoice amounts raised every quarter should have provisions for deduction of penalties as calculated by bidder and only net amounts should be claimed for payment 32. Single point of contact for Support: Bidder has to provide details of single point of contact viz. designation, address, address, telephone /mobile No. Escalation matrix for support should also be provided with full details as per annexure E. The Bidder should have local service support office Kashipur or nearest in Uttarakhand. The Bidders who are not having the service support centre at Uttarakhand and Delhi will not be considered, since the Leased Line Internet Bandwidth services for IIM Kashipur Payment Terms: - Payment terms will be as follows: 100% of total charges for Last Mile connectivity or Local Loop charges and one time setup charges on provisioning original invoices for the same with commissioning report. Quarterly advance for Recurring Internet Bandwidth charges on production of original invoice. The IIM Kashipur will pay invoices within a period of 30 days from the date of receipt of undisputed invoices. Any dispute regarding the invoice will be communicated to the selected Bidder within 15 days from the date of receipt of the invoice. After the dispute is resolved, IIM Kashipur shall make payment within 15 days from the date the dispute stands resolved. Page 25 of 35

26 Annexure- A Following documents are to be enclosed, in the same order, while submitting Technical Bid in response to the RFP Sr. No Particulars (Ensure whether the following have been enclosed) Yes NO Page No. of Your Response 1. Self Certified letter of unconditional acceptance of all Terms & Conditions 2. Documentary proof relates to being in Leased Line Internet Bandwidth Services at least for a period of last 3 years. 3. Self certified letter that branches/offices to log calls for support only with direct support office. 4. Documentary evidence of satisfactory completion of Project. (With detail like name of institutions, contact person, Telephone No) and the locations where the similar Leased Line Internet Bandwidth Services are provided for the last 3 Yrs. 5. Self certified letter that any technical problem would be resolved within 24hrs. Of call reported (including time for procuring spare parts) 6. Self certified letter to be submitted for meeting the delivery schedule and accepting the LD clause along with the copy of the respective OEM's confirming to adhere the delivery schedules. 7. Audited copies of the financial statements of last 3 years. i.e for , & * 8. Self certified copies of financial statements for the financial year ended , if yet to be audited 10 Details of Technical Solution proposal 9. Escalation Matrix (Annexure E) 10. Details of Technical Solution proposal for Leased Line Internet Bandwidth service NOTE: Apart from the above documents the bidder should provide the proof of compliance document wherever it is required as per terms of this RFP. Page 26 of 35

27 Annexure- B Particulars to be provided by the bidder with technical proposal No Particulars 1 Name of the bidder 2 Year of establishment and constitution. Certified copy of Partnership Deed or Certificate of Incorporation/commencement of business, Memorandum of Association, Articles of Association should be submitted as the case may be. 3 Location of Registered office /Corporate office and address 4 Mailing address of the bidder 5 Names and designations of the persons authorized to make commitments to the Bank. Details to furnished by the bidder Page No. of your Response to indicated 6 Telephone and fax numbers of contact persons 7 addresses of contact persons 8 Details of: Description of business and business background Service Profile & client profile Domestic & Int l presence Alliance and joint ventures 9 Whether the bidder is in to the business of Leased Line Internet Bandwidth Service if yes then mention the period. 10 Gross annual revenue of the bidder (not of the Figures to be group) indicated From the Year Financial Page 27 of 35

28 No Particulars Details to furnished by the bidder Year Statements Year (Copy of audited financial statements for above years to be submitted) (Self certified copies of financial statements for the financial year ended , if yet to be audited) 11 Net Profit of the bidder (not of the group) Figures to be Year indicated Year From the Year * Financial (Copy of audited financial statements for above Statements years to be submitted) (Self certified copies of financial statements for the financial year ended , if yet to be audited) Page No. of your Response to indicated Declaration: 1. We confirm that we will abide by all the terms and conditions contained in the RFP. 2. We hereby unconditionally accept that IIM Kashipur can at its absolute discretion apply whatever criteria it deems appropriate. 3. All the details mentioned by us are true and correct and if IIM Kashipur observes any misrepresentation of facts on any matter at any stage,iim Kashipur has the absolute right to reject the proposal and disqualify us from the selection process. 4. We confirm that this response, for the purpose of short-listing, is valid for a period of six months, from the date of expiry of the last date for submission of response to RFP. Page 28 of 35

29 5. We confirm that we have noted the contents of the RFP and have ensured that there is no deviation in filing our response to the RFP and that the Institute will have the right to disqualify us in case of any such deviations. Place: Date : Seal & Signature of the bidder Page 29 of 35

30 Annexure C Commercial sheet for Internet Bandwidth charges Section C1. IIM Kashipur New Campus (Please mention the ISPs name for Dual Last Mile) S.No. Description of Charges 1 st Year 2 nd Year 3 rd Year Total Charges for 3 Years (in Rs.) 1 One time Setup charges 2 Dual Last Mile Connectivity Charges using fibre (200 Mbps MBPS) 3 Internet Bandwidth Port Charges (200 / MBPS each) 4 Any other charges (Please mention the charges) Total charges for providing 200 Mbps internet Bandwidth for 3 years (Grand total of A1) in Rs. Section C2. IIM Kashipur Exisiting Location charges for 60 Mbps Internet Bandwidth at IIM Kashipur S.No. Description of Charges 1 st Year 2 nd Year Total Charges for 2 Years in Rs. 1 One time Setup charges 2 3 Internet Bandwidth Port Charges ( 60 MBPS each) Any other charges (Please mention the charges) Total charges for providing 60 Mbps internet Bandwidth for 2 years (Grand total of B1) in Rs. Terms & Conditions: Section C1 (for new campus) and C2 (for temporary campus) shall be evaluated separately. Page 30 of 35

31 All the commercial value should be quoted in Indian Rupees. The amount quoted is inclusive of all taxes, duties, levy, octroi / entry tax except service tax which will be payable extra on production of original receipt. One time set-up charges quoted in above section C1 shall not be more than 2% of the total charges for 200Mbps line. One time set-up charges quoted in above section C2 shall not be more than 7% of the total charges for 60Mbps line. IIM Kashipur will deduct applicable TDS, if any, as per the law of the land. Further, we confirm that we will abide by all the terms and conditions mentioned in the Request for Proposal document. Place: Date: bidder Seal & Signature of the Page 31 of 35

32 Annexure D Compliance Sheet To Chief Engineer, Compliance Certificate (On companies letter Head) Date: IIM Kashipur Dear Sir, Ref: - 1. Having examined the Request for Proposal (RFP), the receipt of which is hereby duly acknowledged, we, the undersigned offer to provide the end to end services in conformity with the said RFP and in accordance with our proposal and the schedule of Prices indicated in the Price Bid and made part of this bid. 2. If our Bid is accepted, we undertake to deliver the equipment within the scheduled time lines. 3. We confirm that this offer is valid for six months from the last date for submission of RFP to the IIM Kashipur (RFP closing date). 4. This Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. 5. We undertake that in competing for and if the award is made to us, in executing the subject Contract, we will strictly observe the laws against fraud and corruption in force in India namely Prevention of Corruption Act We agree that the IIM Kashipur is not bound to accept the lowest or any Bid that the IIM Kashipur may receive. Page 32 of 35

33 7. We have not been barred/black-listed by any regulatory / statutory authority for the past 1 (one) year from the date of issuance of this tender and we have the required approval to be appointed as a service provider to provide the services to IIM Kashipur. 8. We shall observe confidentiality of all the information passed on to us in course of the tendering process and shall not use the information for any other purpose than the current tender. Seal & Signature of the bidder Phone No.: Fax: Place: Date: Page 33 of 35

34 Annexure-E ESCALATION MATRIX Name of Company : Delivery Related Issues Sr.No. Name First level Contact Second level Contact (If response not recd in 24 Hours) Regional / Zonal Head(If response not recd in 48 Hours) Country Head(If response not recd in One week) Designat ion Full office Address Phone No. Mobile No Fax -ID Service related Issues Sr.No. Name First level Contact Second level Contact (If response not recd in 24 Hours) Regional / Zonal Head(If response not recd in 48 Hours) Country Head(If Designat ion Full office Address Phone No. Mobile No Fax -ID Page 34 of 35

35 response not recd in One week) Any change in designation, substitution will be informed by us immediately. Signature: Name of representative: Designation: Company Seal: Page 35 of 35

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