Eligibility Criteria

Transcription

1 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR Corrigendum to the for 1 Gbps dark fiber/fiber channel between DC and NDR site Union Bank of India Department of Information Technology, Technology Center Powai, Mumbai Last Date of Receipt of Tender documents Opening of cal Bid :00 Hrs :15 Hrs Sr. No. Clause No. Page no , Clause Clarification Sought Bank Response Eligibility Criteria The bidder should be in operating profit or has turnover of Rs.100 Crore in last three financial years i.e , and The bidder should be a Telecom Service provider and have valid telecom license to provide high bandwidth leased line services in India. The license should be valid for at least five years from the date of. 3.4 The bidder should have own access network license for providing the last mile from the competent regulatory authority for providing terrestrial s in India. The certificate should have the validity of at least 5 years from the date of. The bidder should have provided Dark fiber/fiber channel of 1Gbps or high capacity to minimum 2 customers in last 5 years. The bidder should have provided Dark fiber/fiber channel of 1Gbps or high capacity to minimum 2 customers in last 5 years. The bidder company should have operating profits in the any of the last three financial years i.e , and or has turnover of Rs.100 Crore in last three financial years i.e , and Kindly confirm if NLD & UASL license can be submitted against 3.3 & 3.4 clause. Can the bidder submit a self declaration that the Bidder has provided Dark fiber/fiber channel of 1 Gbps or high capacity to minimum 2 customers in last 5 years. Request to consider, "1Gbps or high capacity point to point experience over any technology (e.g. EoSDH, Metro Ethernet etc) to minimum 2 customers in last 5 years." instead of FC / Dark fiber only.. Bidder should submit a copy of valid licenses. Bidder should submit copy of purchase order/ letter from user/contract copy.. Page 1 of 12

2 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR The bidder should not have been black listed by any of Government Authority or Public Sector Undertaking (PSUs). Scope of work Bidder need to provide a dedicated bandwidth of 1Gbps (1:1) on Dark fiber/fiber channel between DC Powai and Near DR site Nariman Point. It should be upgradable up to 4 Gbps as per the bank s requirement. Link is required on end to end on protected path. Bidder need to provide a dedicated bandwidth of 1Gbps (1:1) on Dark fiber/fiber channel between DC Powai and Near DR site Nariman Point. It should be upgradable up to 4 Gbps as per the bank s requirement. Link is required on end to end on protected path. Bidder need to provide a dedicated bandwidth of 1Gbps (1:1) on Dark fiber/fiber channel between DC Powai and Near DR site Nariman Point. Bidder need to provide a dedicated bandwidth of 1Gbps (1:1) on Dark fiber/fiber channel between DC Powai and Near DR site Nariman Point. It should be upgradable up to 4 Gbps as per the bank s requirement. Link is required on end to end on protected path. Bidder need to provide a dedicated bandwidth of 1Gbps (1:1) on Dark fiber/fiber channel between DC Powai and Near DR site Nariman Point. It should be upgradable up to 4 Gbps as per the bank s requirement. Link is required on end to end on protected path. The Bidder can give this declaration to the best of its knowledge and belief. As per the DOT regulation service provider can only provide dark fiber to other service providers who have a telecom service license. Customer should remove this from the requirement unless they have a telecom service license. Since the states requirement of Dark Fiber/Fiber channel. Please clarify if we can provide 1 Gbps on SDH/DWDM? What is expected Hand-off Does "end to end on protected path" include the client side interfaces (Mux to the SAN switches) or only on network side (DC-Mux to NDR-Mux)? In clause -4.1 it is mentioned that the requirement of 1G fiber channel but in clause- 4.3 connector type is mentioned as 8 Gbps. These two are contradictory. Need more. Service provider needs to provide the Dark fiber/fiber channel only. Service provider needs to provide optical Handoff at both ends. Bidder needs to ensure the protected path in their network. In case, bidder needs to provide dual hand off from MUX to SAN Switch to maintain the desired uptime, Bank will arrange to terminate the at SAN Switch. Bidder needs to provide dedicated bandwidth of 1Gbps which should be upgradable up to 4 Gbps. Capacity of Connector type LC 8Gbps SW SFP+ is 8 Page 2 of 12

3 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR Bidder need to provide optical handoff at both ends. Link will be terminated on SAN switch - IBM, SAN24B-5 (Connector type LC 8Gbps SW SFP+). Bidder has to lay the fiber cable from their MUX to Bank s terminating equipment with required interface Bidder need to provide the end-toend on its own fiber and fiber should not be on lease. Bidder should have proper redundancy (ring architecture to take care of failure) in their network. Bidder need to submit the detailed layout diagram of fiber with redundant path in Mumbai with technical document. Bidder also needs to submit declaration letter on this regards and a copy of approval taken for laying the fiber. Bidder need to submit the detailed layout diagram of fiber with redundant path in Mumbai with technical document. Bidder also needs to submit declaration letter on this regards and a copy of approval taken for laying the fiber. Bidder need to provide the end-toend on its own fiber and fiber should not be on lease. Bidder should have proper redundancy (ring architecture to take care of failure) in their network. Bidder need to submit the detailed layout diagram of fiber with redundant path in Mumbai with technical document. Bidder also needs to submit declaration letter on this regards and a copy of approval taken for laying the fiber. All necessary connections required to terminate the shall be provided by the selected bidder. Bidder need to provide the fiber patch cord from their MUX to SAN switch required for terminating the. clarification on Fiber channel there is no option of sub-rating. Port & Bandwidth should be same. Request to remove the clause "Bidder need to provide the end-to-end on its own fiber and fiber should not be on lease. Bidder also needs to submit declaration letter on this regards and a copy of approval taken for laying the fiber." as the performance of the is based on availability and not on ownership. Kindly confirm if self declaration can be submitted to address these points. Also fiber laying approval if required for additional fiber scope pertaining to this project can be shared during implementation period, not at the time of Bid submission. Bidder wants to Know, do Bank requires to connect DC & NDR locations on its own fiber? In this Case can Bidder use fiber on lease? Is Bidder expected to provide fiber cable between Bidder s Mux & SAN switch? What is the distance between Mux & SAN switch? Gbps where the will be terminated. Bidder needs to submit detailed layout diagram of fiber with redundant path and self declaration with technical document only. Bidder needs to provide the on its own fiber only. Fiber should not be on lease. Bidder needs to provide fiber cable between MUX and SAN switch. Distance between MUX and SAN switch will be maximum 40 meters. Page 3 of 12

4 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR Bidder need to ensure following parameter at the time of commissioning of the. Bank will monitor the and will log a ticket with service provider in case of packet loss is more. Bidder need to check the and bring the packet loss within permissible limit of 4 hours. If packet loss will be more than 0.05 % for 4 hours then will be treated as down and case will be dealt accordingly SLA clause of the Packet loss <0.05 % Packet Loss < 0.05% Packet Loss < 0.05% Round Trip Delays. Latency at all times < 5 ms All the cabling should be done with proper clamping and with conduit & shall be neat and structured with pipe. It s the bidder responsibility to drill a hole to take the cable inside the Bank s premises, if required. Bidder needs to have a coordination with the existing system integrator for integrating with present system. Bidder shall maintain the connectivity on 24*7*365 basis. An uptime of 99.50% or better shall be provided on a monthly basis. Bidder wants say to bank that Fiber Channel is an L1 circuit, there is no option for SP to monitor these parameters. In case customer feels that the service is falling below these parameter. Then customer should provide downtime for the SP to put the test equipment (BERT test) in place to confirm the parameter. Kindly confirm. Could you pls consider <0.5 % packet loss It is technical not possible to provide Packet Loss details on a FC cable. Customer should remove this from SLA parameters. Kindly consider packet loss as <1% RTD requirement mentioned is < 5ms is high for intra-city fiber channel & can lead to offering of Ethernet. Ideal RTD for fiber channel should be ~ 2ms. Bidder request bank to provide the required permission inside server rooms at both the locations for doing this scope. Please elaborate on integration part with present system. Bidder will confirm Uptime of 99.50% considering Single Last mile as L1 Circuit Please refer the clause no.4.6 on page no.8. Please refer clause no.4.4 on page no.7. Bidder needs to coordinate with existing system integrator for commissioning and maintaining the. the. Page 4 of 12

5 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR In future, Bank may carry out design modification and/or application addition to the Union Bank network, including modification for the security policy implementation. Accordingly, vendor should carry out necessary configuration changes in the telecom network, as advised by the Bank time to time. Bank will only pay the cost of material changes. However, service provider will make the necessary non-material changes without any additional cost to the Bank. In future, Bank may carry out design modification and/or application addition to the Union Bank network, including modification for the security policy implementation. Accordingly, vendor should carry out necessary configuration changes in the telecom network, as advised by the Bank time to time. Bank will only pay the cost of material changes. However, service provider will make the necessary non-material changes without any additional cost to the Bank. Bank reserves the right to upgrade the bandwidth of the during the contract period and cost for upgraded bandwidth will be decided on pro-rata basis of the final cost discovered through this tender process. cal Bank intends to subscribe 2*1 Gbps Dark fiber/fiber channel between Bank's DC at Powai and Near DR site at Nariman Point. If bank need change in capacities and additional handoffs due to new service addition / modification will incur cost. Hence Bidder requests to remove this clause. Please clarify with example since TSP will provide L1. Network security to be taken care at end location only. Bidder would like to know from bank when requires to upgrade during tenure Bidder wants to Know does Bank require Dual Links or Single Link from the same service provider. If Dual s are required from same provider, How these s are to be delivered (primary on own network & secondary on other provider)? the. As bidder will provide L1 and will be terminated on Bank's switch, there will not be security requirement from the bidder s side. However, bidder needs to ensure security in their network. Bank may upgrade the bandwidth of the based on the bandwidth utilization and as per requirement during the contract period. Bank will inform about the requirement well in advance. Bank will subscribe single only from one service provider. Page 5 of 12

6 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR What will be the Mode preference for FC card operation? Converter mode or Dual-Terminal mode For Fiber Channel, What will be the Application tolerance limit for RTD? What is the required Handoff between Bidder and customer equipment? What will be the distance between MUX & Customer SAN switch? Is it on the same floor? Same rack? Or different? Redundancy required at both card level and chassis level or only card level? Connector requirement: 1310 nm LC or 850 nm MM SFP? The SAN B24-5 switch uses 8Gbps Short-wave multimode SFP. This SFP can support speed of 8Gbps, 4Gbps and 2Gbps. The bidder has to support/compatible with above mentioned speeds for connecting SAN switch to their device. Bidder may refer the data sheet of the product for more details. Please refer the clause no.4.6 on page no.8. Service provider needs to provide optical Handoff at both ends. Distance between MUX and SAN switch will be maximum 40 meters which will be on same floor. Bidder needs to maintain the uptime of the as per the FRP document. Bidder can take the decision accordingly. The SAN B24-5 switch uses 8Gbps Short-wave multimode SFP. This SFP can support speed of 8Gbps, 4Gbps and 2Gbps. The bidder has to support/compatible with above mentioned speeds for connecting SAN switch to their device. Page 6 of 12

7 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR Other The bidder shall execute a) Service Level Agreement (SLA), which must include all the services and terms & conditions of the services to be extended as detailed herein, and as may be prescribed or recommended by the Bank Bid Earnest Money Deposit (EMD) Bidder wants to Ensure optimum optical medium conditions (minimal patch panel connection points, no mismatching of different fiber optic cable core sizes, proper light levels...etc). Does that SLA will be mutually negotiated with the Bidder. MTNL is seeking exemptions of Bid security for an amount of Rs.3,00,000/-(EMD) being a PSU, Government of India Company. Query not clear. Public sector undertaking and Government organizations are exempted for depositing EMD amount of Rs.3,00,000/ The Bidder has to charge the subscription charges quarterly in arrears based on the achievement of SLAs defined in the document. (The uptime of the as specified under SLA clause will be assessed on monthly basis and the payment will be made at the end of each quarter). The vendor should submit the -wise uptime achieved to enable the Bank to pay quarterly charges. Since the provisioned will be fiber channel (L1 circuit) terminating directly on Bank's SAN switches, service provider will not have visibility on SLA from end-to-end perspective. Hence requesting Bank to monitor the s and provision window for SLA calculations. Please refer the clause no.27 on page no The Bidder has to charge the subscription charges quarterly in arrears based on the achievement of SLAs defined in the document. (The uptime of the as specified under SLA clause will be assessed on monthly basis and the payment will be made at the end of each quarter). The vendor should submit the -wise uptime achieved to enable the Bank to pay quarterly charges. Can the payments be made monthly in advance. Page 7 of 12

8 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR This clause states in case of any delay beyond 12 weeks in installation and commissioning of the, liquidated damages shall be attracted. Bank will charge penalty at 0.5% of the annual cost per week or part thereof, subject to a maximum of 5% Order Cancellation Bank reserve the right to cancel the contract, if: There is a default in the provision of services The Bidder fails to deliver goods on time There is a delay in the commissioning of The Bidder fails to perform any other obligation of the contract. The Purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part. This clause provides the arbitrary power to the Bank to impose penalty against the Bidder without providing a chance to rectify such default. Kindly note damages should be imposed only after a party fails to rectify the delay or default in the stipulated period of time after receiving the notice of the same. Bank has not mentioned any defect cure period notice, can the Bidder assume that such defect cure period notice will be of 30 days and on Bidder's failure to cure the defect then the Bank can terminate the contract. Kindly note the contract can be cancelled by the party only after issuing a written notice to the breaching party for any material breach by a party, which a party fails to cure within a reasonable period of time. We request the Bank to clarify this section since in the remaining sections of this clause breach is defined, but in this section it is not clear that under what circumstances Bank can terminate the contract. Bank will inform to bidder in writing for any breach of the contract and will give maximum 30 days to rectify the same. In case bidder fails to rectify the same within given time or any extension thereof, bank may terminate the contract. Bank will inform to bidder in writing for any breach of the contract and will give maximum 30 days to rectify the same. In case bidder fails to rectify the same within given time or any extension thereof, bank may terminate the contract. Page 8 of 12

9 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR As per the law of contract, consequence of Force Majeure clause naturally leads to withdrawal from the contract. This clause may be understood as involving nonmonetary obligations. We request the Bank that Bidder should be paid for the Services till the time such bona fide Force Majeure event occurs The clause gives a unilateral right of termination of contract to the Purchaser by giving a written notice to the Bidder, if the Bidder becomes bankrupt or insolvent. Kindly note the clause of termination for insolvency should be made mutual between the parties. Bidder should also have the right to terminate the contract if the Bank becomes insolvent or bankrupt The parties shall solve the disputes amicably. If the parties fail to resolve the dispute amicably, written notice will be given to each other party and the matter shall be referred to the sole arbitrator. In the absence of consensus for the single arbitrator, the dispute may be referred to joint arbitrator. One to be nominated by each party and the said arbitrators shall nominate a presiding arbitrator, before commencing the arbitration proceedings. The arbitration shall be settled in accordance with the applicable Indian Laws. Arbitration proceeding shall be held at Mumbai, India. Please note bidder does not prefer arbitration proceeding in order to resolve the dispute between the parties. Arbitration proceeding becomes a very costly and time consuming affair for both the parties The Bidder is liable to fully indemnify the Bank, its successors, assignees and administrators harmless Against any or all the losses or liability, claims actions or proceedings from whatsoever nature caused to the Bank. Please note this clause be made mutual between both the parties. The obligation of indemnity should be imposed on both the parties in order to protect their rights and interest under the contract. Page 9 of 12

10 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR The bidder shall hold the Bank, its successors, Assignees and Administrators fully indemnified and harmless against loss or liability, claims actions or proceedings, if any, that may arise from whatsoever nature caused to the Bank through the action of its employees, agents, contractors, subcontractors etc. However, the bidder would be given an opportunity to be heard by the Bank prior to making of a decision in respect of such loss or damage. We request for the following amendment in this clause: The Bidder shall hold the Bank, its successors, Assignees and Administrators fully indemnified and harmless against claims by third parties and expenses that may arise due to damage to tangible property, personal injury or death caused by Bidder's gross negligence or willful misconduct. However, the bidder would be given an opportunity to be heard by the Bank prior to making of a decision in respect of such loss or damage The clause is unilateral and is in favor of the Bank only. Bidder is liable to treat all the data and information received by the Bank to be confidential and will not disclose it to any other party without prior written approval of the Bank. It is suggested that this clause be made mutual between both the parties to protect their confidential information Indemnity The Bidder is liable to indemnify the Bank against all third party claims for infringement of patent, trademark, design or copyright arising from use of products or any part thereof supplied by Bidder. We request the Bank that the Bidder s liability for infringement of IPR should be limited to the immediately preceding 12 months of charges collected by the Bidder under the order in which the liability has arisen. Please note that the clause of Indemnity should be made mutual and the indemnity obligation should be imposed on both the parties under the contract. Page 10 of 12

11 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR Limitation of liability We request the Bank that the overall liability of the Bidder in the contract including infringement of IPR should be limited to the immediately preceding 12 months of charges collected by the Bidder under the order in which the liability has arisen This clause states that the Bidder's aggregate liability under the contract shall be limited to a maximum of the contract value. It is suggested that the maximum liability should be limited to a sum equal to 100% of the aggregate value of all the charges payable under this contract during a period of 12 months This clause is unilateral and is in favor of the Bank only. Bidder is required to defend and indemnify the Bank against all third party claims or infringement of intellectual property rights, including patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad. It is suggested that this clause of Patent Rights be made mutual in order to safeguard the interest of both the parties Bidder is required to sign the confidentiality/non-disclosure Agreement (NDA) provided as Annexure G on page 43 of this. According to the attached NDA, Bank is not liable to protect any of the confidential information of the Bidder. Bidder shall agree to make no reference to the Bank for the procurement of products and services or the agreement in any literature, promotional material, brochures, sales presentation or the like without the express prior written consent of the Bank. It is suggested that the clause of Confidentiality should be made mutual between both the parties to protect their confidential information It is suggested that this clause of Limitation on Promotion be made mutual between both the parties. Bank should also not be allowed to use name, logo of bidder without its prior written consent. This is to safeguard the interest of both the parties. Bank will not use name and logo of a bidder without its prior written consent. Page 11 of 12

12 Corrigendum to the for 1 Gbps Dark Fiber/Fiber Channel between DC and NDR Annexu re B Annexu re G, Point no.13 Annexu re H, Point no.7 Genera l Bank reserves the right to terminate the at any time during the contract period after one year by giving due notice of three month for termination. [Note: Business team to note that the lock-in period of the contract is just 1 year 3 months prior to exit.] 30 References for sites 47 Indemnity: The Receiving Party agree to indemnify and hold harmless the Disclosures against all costs, liability, losses and claims incurred by the Disclosing Party as a result of a breach of this Agreement. 52 Fail Clause L1 Evaluation Kindly note the can be terminated only in case of material breach by a party, which a breaching party does not cure within the reasonable period of time. Also termination of cannot be accepted without completing a minimum period of time/lock-in Period (to equate the initial investment expenses) and/or after payment of exit charges for the same to the aggrieved party. Please note Bidder won't be able to submit details such as PO Copies, contact names etc. On account of Non-Disclosure Agreements in place with our customers. Request you please allow us to submit selfdeclaration letters as references Bank has the right to seek injunctive relief against the Bidder for protecting the confidential information, therefore we request the Bank to waive the indemnity provision from the NDA, since such quantification of damages should be decided by the Hon'ble court. We request the Bank to waive this provision, since all the contracts are entered under different market conditions, hence any refund of amount due to such difference in the prices should not be considered. Please clarify the basis of evaluation for L1 bidder whether it will be NRC or ARC or ACV or TCV? Evaluation of L1 bidder will be based on TCO of 5 years. Page 12 of 12