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					                   Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                        Dated 03.10.2011
         Section   Clause                                                                                                  Ref no.
SI.No.                                           Brief Description of the Clause                                                                    Comments of Bidder                                   BSNL Comments
           No.       No.                                                                                                   in Bid
                                                                                                                                     As in earlier tender (Tender No. MM/BB/092008/000362)
                                                                                                                                     issued by BSNL for procuremnet of 8Mn ADSL CPE, the
                                                                                                                                     required turn-over was asked from Telecom/IT/Networking            Tender condition is very
                            Turnover: The bidder shall have a minimum turnover of Rs 40 Crores in every year for                     business only, we understand that the turnover of Rs. 40 Crore     clear. No change in the
                            the two financial years i.e. 2008-09 & 2009-10. The bidder shall submit the Annual                       in every year for last two years (i.e. 2008-09 & 2009-10) as       tender condition.
  1         I        4.2                                                                                                      2      asked in this tender will be considered from
                            Report/ audited accounts certified by Auditor for the above two years to establish the                                                                                      Turnover criteria is
                            turnover.                                                                                                Telecom/IT/Networking business only.                               including all business of the
                                                                                                                                     We feel this is a printing mistake. Therefore, you are requested   bidder.
                                                                                                                                     to please insert the same to avoid any complication.



                                                                                                                                     We suggest to modify the clause as:
                                                                                                                                      "Indian companies registered to manufacture/supply the
                            The bidder or its Parent/Principal Company of which bidder is a subsidiary shall be the
                                                                                                                                     telecom equipment, duly authorized by the manufacturer /
                            Original Equipment Manufacturer [OEM] of the CPE being offered. The bidder shall
                                                                                                                                     OEM of tendered item to submit the bid on their behalf and
                            submit a self certificate in this regard. In case of Parent/Principal Company is OEM a
                                                                                                                                     having memorandum of understanding (MOU) with the              No change in tender
  2         I        4.3    certificate of the Parent/Principal being OEM shall be given by the Parent/Principal              2
                                                                                                                                     manufacturer / OEM of the equipment. The bidder shall submit condition.
                            Company also in addition to the bidder certifying the same. The bidder can be an OEM
                                                                                                                                     a self certificate in this regard. In case of Parent/Principal
                            with his own technology or by getting technology by way of transfer of Technology
                                                                                                                                     Company is OEM a certificate of the Pa0..rent/Principal being
                            [TOT] agreement with the technology owner of the CPE being offered.
                                                                                                                                     OEM shall be given by the Parent/Principal Company also in
                                                                                                                                     addition to the bidder certifying the same."

                            The bidder shall be the owner of the technology of the product being offered and shall
                            give a self certificate to that effect.
                            OR
                            The bidder shall have valid Transfer of technology [TOT] agreement with the owner of
                            the technology of the product being offered. The proof for the TOT and the date of                       As the TOT requirement is not mandated by the DOT, we
                            effect (Starting date of effect should be prior to the date of submission of the bid) of the                                                                         No change in tender
  3         I        4.5                                                                                                      3      request BSNL to do away with the requirement of TOT for the
                            TOT shall be submitted along with the bid. Technology means technology of the                                                                                        condition.
                                                                                                                                     CPE Tender.
                            product offered. The ToT agreement shall clearly indicate maintenance support for the
                            next 7 years. Even in case bidder is a subsidiary and its Parent/Principal is the
                            OEM/technology owner, there shall be a TOT agreement between the bidder and the
                            Parent/Principal.


                            4.7 The bidder (or its Parent/Principal Company of which bidder is a subsidiary) or the                   Generally TSP issue one original certificate,which had already    Scanned copy of the
                            owner of the technology (technology provider to bidder) from which the bidder is                         been submitted in other bids in past and it is not practically     certificate duly attested by
                            getting technology of the offered CPE under TOT agreement, shall have the experience                     possible to get another original certificate from the customers    the bidder be uploaded.
                            of supplying at least 250,000 Nos. of any type of xDSL CPE‟s to any Telecom service                      in such a short period of time. We request BSNL to consider        BSNL may verify the
                            provider (TSP). This experience of supply of CPEs to Telecom service Provider can be                     copies of the certificate as part of this bid .                    originals at any stage.
                            directly as well as through any agency supplying CPEs to TSPs. Certificate from TSP
                            for the same shall be submitted along with the bid. In case of experience of supply to                   It may please be noted that - in various cases, BSNL QA does
  4         I        4.7    TSP is through an agency, the certificates both from TSP and the agency shall be                  3      not mention detail of make & model of the supplied products
                            required to be submitted. The TSP certificate shall be in the form of an original                        on the IC. In that case, we understand, the bidder will have to
                                                                                                                                                                                                        In such case of supply to
                            certificate signed by the senior official of the TSP (including name, designation,                       submit copy of particuler PO or a self certificate mentioning
                                                                                                                                                                                                        BSNL, IC and/or Consignee
                            telephone number, fax numbers and e-mail-id of the signatory and that of the TSP)                        the make & model detail along with IC issued by BSNL QA.
                                                                                                                                                                                                        receipts      along      with
                            along with seal. The details of make, model numbers and quantity of the CPEs supplied                    Please confirm.
                                                                                                                                                                                                        supporting PO copy shall
                            will be clearly mentioned in the Certificates. In case of supply to BSNL/MTNL,                                                                                              suffice the requirement.
                            Inspection certificate from QA unit of BSNL/MTNL giving details of make, model and
                            quantity etc. shall also be treated as experience certificate.




                                                                                                    Page 1 of 15
                   Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                        Dated 03.10.2011
         Section   Clause                                                                                              Ref no.
SI.No.                                           Brief Description of the Clause                                                                 Comments of Bidder                                     BSNL Comments
           No.       No.                                                                                               in Bid
                                                                                                                                 It may please be noted that - till date TEC has not issued any
                                                                                                                                 specific TEC GR for ADSL2+ CPEs and hence bidder needs to
                                                                                                                                 apply for TSEC only against Tender and not against any TEC
                                                                                                                                 GR.
                                                                                                                                 Cosidering the present scenario, most of the prospective
                                                                                                                                 bidders has already applied for TSEC against previous tender
                                                                                                                                 (Tender No. CA/CFA/CPE-BB/T-405/2011-12 dated
                             The bidder shall have the TSEC Certificate or should have applied for TSEC Approval                 17.08.2011) after submitting a hefty amount as fee for TSEC     BSNL QA shall be advised
  5         I        4.8     to QA Circle of BSNL (in QF103 format) for the CPE being offered, at the time of             3      registration. As BSNL has unexpectedly cancel the previous      accordingly.
                             submission of Bids. Proof for the same shall be submitted along with the bids.                      tender and issued a fresh revised tender, TSEC registration
                                                                                                                                 against the old tender has no value. As the bidder will have to
                                                                                                                                 apply for a fresh TSEC registration against the new/revised
                                                                                                                                 tender, we request you to please instruct BSNL QA, Banglare
                                                                                                                                 to adjust the TSEC registration fee paid against eariler tender
                                                                                                                                 with the TSEC registration fee of the present tender.


                             The Hardware equipment proposed to be offered in this project shall have been                       We understand that the bidder can submit the ISO 9001:2008
  6         I       4.10     manufactured in accordance with ISO 9001:2008 or equivalent. The Bidder should               4      or equivalent certification of OEM for the purpose of meeting         Yes please.
                             accordingly submit a copy of certificate to the effect.                                             the requirements of this clause. Kindly confirm.
                                                                                                                                 We suggest to modify the clause as:
                                                                                                                                 "The „Principal‟ for the purpose of eligibility conditions would
                             The „Principal‟ for the purpose of eligibility conditions would mean the Parent/holding
                                                                                                                                 mean the Parent/holding company of Subsidiary or Ultimate             Tender condition is very
                             company of Subsidiary or Parent/holding company of Parent/holding company or
  7         I       4.11                                                                                                  4      Parent/holding company of the subsidiary directly or indirectly       clear. No change in tender
                             Ultimate Parent/holding company of the subsidiary and not another Subsidiary of the
                                                                                                                                 through one or more intermediates or manufacturer / OEM of            condition.
                             Parent/holding company.
                                                                                                                                 tendered item who has authorized the bidder to submit the bid
                                                                                                                                 on their behalf."
                                                                                                                                 As this is an e-tender, we understand that all the documents
                                                                                                                                 other than supply certificates/undertaking /Agreements etc.
                                                                                                                                 does not require to be ink signed and could be submitted using        Standard printed material
                                                                                                                                 digital signature only i.e. there is no need to physically sign the   like quality manual, annual
                             All computer generated documents should be duly attested/signed by the issuing                      computer generated document (for example -
  8         I        14.2                                                                                                 5                                                                            report and user manual may
                             organization.                                                                                       compliance/quality manual/user manual etc.) as signing and            be submitted with digital
                                                                                                                                 scanning of these heavy document would be more time taking            signature.
                                                                                                                                 than submitting a bid physically in hard copy.
                                                                                                                                 Please confirm.
                             BSNL will have the right to increase or decrease up to 25% of the quantity of goods and             In clause 25 of Sec-IV Part A it is mentioned that BSNL
                             services specified in the schedule of requirements without any change in the unit price             reserves the right to order upto 50% of the additional quantities     Tender condition is very
                             or other terms and conditions at the time of award of contract.                                     of the goods & services contained in the running                      clear. No change in tender
  9         I       Note 2                                                                                                2      tender/contract….                                                     condition. Note-2 section-I
                                                                                                                                 Please comment to clarify the contradiction or confirm which          shall be read along with
                                                                                                                                 clause among these two shall be considered.                           clause 25 section IVA


                                                                                                                                 suggest 90% payment after supply of equipment as per earlier          No Change in tender
                                                                                                                          6
                                                                                                                                 payment practice.                                                     condition

                                                                                                                                                                                                       No Change in tender
                                                                                                                          6      Suggest remaining 10% payment after one year of supply.
                                                                                                                                                                                                       condition

                             PAYMENT TERMS:
                             5.1) Payment shall be made in Indian Rupees only. The schedule of payment shall be
                             as follows on the total PO value excluding AMC:

                             5.2) STAGE-I: 75% after supply of all the equipment/ materials at the BSNL Consignee
                             Stores against the purchase order conditions, city wise and on submission of Inspection
                             certificate issued by QA.                                            Page 2 of 15
  10        II        5
                             5.3) STAGE-II: 25% after one year of supply of all the equipment/ materials at the
                       Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                            Dated 03.10.2011
            Section   Clause                                                                                                 Ref no.
SI.No.                                              Brief Description of the Clause                                                                    Comments of Bidder                                 BSNL Comments
              No.       No.                                                                                                  in Bid
                                                                                                                                       As per SECTION V PART B
                                PAYMENT TERMS:
                                                                                                                                       SPECIAL CONDITIONS OF CONTRACT Clause No 8.2.
                                5.1) Payment shall be made in Indian Rupees only. The schedule of payment shall be
                                                                                                                                       Supply have to be made after getting the TSEC. As supplies are
                                as follows on the total PO value excluding AMC:
                                                                                                                                       done after TSEC approval and after BSNL QA clearnce with
                                                                                                                                       IC, holding 25% payment for one year will increase the         No Change in tender
                                                                                                                                5
                                5.2) STAGE-I: 75% after supply of all the equipment/ materials at the BSNL Consignee                                                                                  condition
                                                                                                                                       financial costs to the vendor which in turn will result in the
                                Stores against the purchase order conditions, city wise and on submission of Inspection
                                                                                                                                       increase of prices of the CPE. Hence it is requested that the
                                certificate issued by QA.
                                                                                                                                       clause may be amended as 95% on supply and balance 5% after
  10           II         5
                                                                                                                                       one year
                                5.3) STAGE-II: 25% after one year of supply of all the equipment/ materials at the
                                BSNL Consignee Stores, coming under a supply schedule subject to satisfactory                          To make the payment condition acceptable by more number of
                                operation                                                                                              bidders and to increase the participation with competitive bids,
                                Note 2: All statutory taxes as applicable shall be deducted at source before payment.                  we request BSNL to please add one more clause which is as
                                Note 3: In case of conflict between the statements of Section I to III, IV-A, V-A and                  follows:-
                                Section VI to IX, with section IV- B &V- B, then the statements of Section IV- B &V-                   5.4) “100%” payment (in place of 75%) may be made on
                                B shall prevail.                                                                                       delivery, provided that an additional Bank Guarantee for an      No Change in tender
                                                                                                                                6      amount equivalent to 25% of the value of supplies.               condition
                                                                                                                                       Transmission cell of BSNL always followed this clause and
                                                                                                                                       always achieved the most competitive prices of the product and
                                                                                                                                       most effective delivery.
                                                                                                                                       Please implement the same in Broadband also to get the
                                                                                                                                       maximum milage.

                                                                                                                                6      What is the meaning of this clause. This is merely a CPE
                                                                                                                                                                                                         No Change in tender
       11      II     Note-2    All statutory taxes as applicable shall be deducted at source before payment.                          supply Tender and no servies are involved in it other than
                                                                                                                                                                                                         condition
                                                                                                                                       AMC.
                                 ADSL2+ CPE shall provide the services as per Clause 12 of this section. The ADSL2+
                                CPE‟s (Subscriber Units) are provided at the subscribers Premises to access the
                                                                                                                                       As per understanding, services mentioned in clause 12 would       Tender condition is very
                                Broadband services as well as originate and receive the telephone calls over the same
  12          III        1.2                                                                                                    7      be transparent to CPE. CPE will not do any intelligence to        clear. Please see clause 12.1
                                pair of copper wire simultaneously. Subscriber Units shall be connected via a pair of
                                                                                                                                       provide these services.                                           of section-III for details.
                                copper wire to DSLAM at Service Provider Premises and to Telephone instrument and
                                PC via RJ11 and RJ-45 Interfaces respectively.
                                                                                                                                                                                                         The CPE along with the
                                                                                                                                       As per clause no 2.5, need the separate splitter to provide the   Splitter shall comply with
  13          III        2.3    SPECIFICATIONS FOR THE TELEPHONE INTERFACE                                                      7      VOICE interface. Please clarify that telephone interface          all the specification clauses
                                                                                                                                       specification is not required to be complied in CPE.              as per the tender.
                                                                                                                                8      1). We understand that commericaly available client software      Kindly refer clause no. 14.2
                                                                                                                                       means Win XP, Vista & 7 only. Please confirm.                     & 14.3 of the section-III.

                                The ADSL2+ CPE‟s shall be compatible with commercially available client software in
  14          III        3.4                                                                                                           2). As per our understanding current Motive system which is       Kindly refer clause no. 14.2
                                Windows/ Linux for Ethernet interface..
                                                                                                                                       deployed can only support for Win XP hence the CD support         & 14.3 of the section-III.
                                                                                                                                       for Win Vista & 7 cant be provided.
                                                                                                                                       Please confirm.
                                DHCP server & relay with option 60 for IPv4 address management. (An application                 9      Please define the relationship between DHCP relay and option Tender condition is very
                                scenario is provision for supporting at least two DHCP pools for different IP domains &                60.                                                          clear. No change in the
  15          III       5.1.8   provision to configure specific clients to get IP addresses in specified pools) [Typically                                                                          tender condition.
                                for IPTV Application]
                                                                                                                                       we recommend to change the standard to 802.11 b/g/n as            Tender condition     is very
  16          III        6.1    The Wi-Fi Port shall support 802.11 b/g or better                                              10      802.11n standard is more superior than 802.11 b/g and             clear. No change      in the
                                                                                                                                       supported with all the available wifi devices in the market.      tender condition.
                                                                                                                                       Please provide the details on the DoT Security requirements.      Tender condition     is very
                                                                                                                                                                                                         clear. No change      in the
                                802.1x using PEAP, EAP-TLS, EAP-TTLS authentication as per DoT Security                                                                                                  tender condition.
  17          III        6.3                                                                                                   10
                                equirements. (RFC 3580, 3579, 3748, 2716 and 4017).

                                                                                                      Page 3 of 15
                   Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                        Dated 03.10.2011
         Section   Clause                                                                                            Ref no.
SI.No.                                         Brief Description of the Clause                                                                 Comments of Bidder                                 BSNL Comments
           No.       No.                                                                                             in Bid
                            802.1x using PEAP, EAP-TLS, EAP-TTLS authentication as per DoT Security
  17       III       6.3                                                                                               10      as per our understanding, No WiFi client supports 802.1x at       Tender condition is very
                            equirements. (RFC 3580, 3579, 3748, 2716 and 4017).
                                                                                                                               present. Suggest to mention WPA and WPA2 to meet                  clear. No change in the
                                                                                                                               requirements of end user.                                         tender condition.
                                                                                                                                                                                                 Tender condition is very
                                                                                                                        9      please kindly cancel this requirements.                           clear. No change in the
                                                                                                                                                                                                 tender condition.
  18       III       6.4    WPA and WPA2
                                                                                                                                                                                                 Tender condition is very
                                                                                                                               Kindly request to change from WPA and WPA2 to WPA-PSK
                                                                                                                        9                                                                        clear. No change in the
                                                                                                                               and WPA2-PSK.
                                                                                                                                                                                                 tender condition.
                                                                                                                               as per our understanding, WPA and WPA2 should be used for         Tender condition is very
  19       III       6.7    RADIUS based user authentication with MS-EAP & CHAP                                        10      authentication of wifi devices. Request to amend the clause.      clear. No change in the
                                                                                                                                                                                                 tender condition.
                            WLAN Transceiver performance requirement (with WPA2 enabled, >= 1 station) shall           10      These are wireless hardware requirements, kindly accept the       Tender condition is very
                            be as follows- Trans Power-As per IEEE 802.11 b/g specifications, Error                            third party test report for/against this clause during the TSEC   clear. No change in the
                            VectorMeasurement-As per IEEE 802.11 b/g specifications, Receiver Sensitivity-As                   Testing.                                                          tender condition.
  20       III       6.8    per IEEE 802.11 b/g specifications,Ethernet to WLAN Packet Transfer Rate-1700                      Please confirm.
                            frames per second at 1518B (max power, max air rate),WLAN to Ethernet Packet
                            Transfer Rate-1700 frames per second at 1518B (max air rate)
                            The ADSL2+ CPE‟s shall support the IPV6 functionalities detailed in the following          11      Please confirm the meaning of the line " Any additional IPv6
                            clauses. Moreover, a certificate shall be given by the chipset vendors and the bidder              support necessary', we understand that BSNL should ask only
                            that the ADSL2+ CPE‟s will be provided with the any additional IPv6 support                        about the implementation which is relevant with the specific      Clause 8.1 of Section-III is
  21       III       8.1    necessary (in addition to the below mentioned clauses) whenever BSNL upgrades the                  requirement as mentioned in the clause no. 8 of the section III   self explanatory. No change
                            network. i.e. at the time of IPV6 migration (within the supply/warranty/AMC period)                of the tender document.                                           in the tender condition.
                            any additional upgradation of Software/firmware required for IPv6 implementation
                            shall be supplied by the CPE vendor free of cost to BSNL.
                                                                                                                                                                                             Tender condition is very
                             8.14 IPv6 server and agent functions:
  22       III      8.14                                                                                               11      Kindly request use FTP Server.                                clear. No change in the
                            b.           IPv6 TFTP Server function
                                                                                                                                                                                             tender condition.
                                                                                                                                                                                             Tender condition is very
                            Definition of Differential Services Field (DS) in the IPv4 and IPv6 Headers as per RFC
  23       III      9.3.2                                                                                              11       request cancel this requirements.                            clear. No change in the
                            2474
                                                                                                                                                                                             tender condition.
                                                                                                                               We can set the IPTV with high priority than Data PVC,then can Tender condition is very
  24       III      9.3.3    Assured Forwarding PHB (Per Hop Behavior) Group as per RFC 2597                           13      keep the service quality, kindly request cancel this          clear. No change in the
                                                                                                                               requirements.                                                 tender condition.
                                                                                                                               We can set the IPTV with high priority than Data PVC,then can Tender condition is very
  25       III      9.3.4    Expedited Forwarding PHB as per RFC 3246                                                  13      keep the service quality, kindly request cancel this          clear. No change in the
                                                                                                                               requirements.                                                 tender condition.
                             In case of congestion, the ADSL2+ CPE‟s must not resort to tail dropping of packets.
                            One of the following algorithm or alternate congestion control mechanism shall be
                                                                                                                               We can set the IPTV with high priority than Data PVC,then can Tender condition is very
                            supported for dropping of packets
  26       III       9.6                                                                                               13      keep the service quality, kindly request cancel this          clear. No change in the
                            a. RED (Random Early Detection)
                                                                                                                               requirements.                                                 tender condition.
                            b. WRED (Weighted RED)

                             Alarm indication: Type-W2 ADSL2+ CPE‟s shall have provision of alarm/ indication          13      Please remove the USB (LAN) requirement as BSNL is not
                            for following,(i)Power supply indication-Yes,(ii)DSL Line active/ fail(iii) Internet-              asking for USB Port from this clause.                             Yes please. Clause no. 11.3
                            Yes(iv)LAN (USB or Ethernet) active-Yes (v) Wi-Fi-Yes                                              Please confirm.                                                   (iv) of Section -III is
  27       III      11.3
                                                                                                                                                                                                 amended as follows "LAN
                                                                                                                                                                                                 (Ethernet) active-yes"

                                                                                                                       14      1). Please note that CPE vendor will be responsible only for the
                                                                                                                               requirements required by ADSL2+ CPE, not for Motive system
                                                                                                                                                                                                Yes please.
                                                                                                                               deployed by BSNL.
                                                                                                                               Please confirm.
                            MANAGEMENT OF ADSL2+ CPE‟s: The ADSL2+ CPE‟s will be managed by the
                                                                                              Page 4 of 15
                            existing TR064 and TR069 Applications deployed as a part of the Broadband Multiplay
                            Network.
                   Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                        Dated 03.10.201114

         Section   Clause                                                                                              Ref no.
SI.No.                                           Brief Description of the Clause                                                                Comments of Bidder                                 BSNL Comments
           No.       No.                                                                                               in Bid
                             MANAGEMENT OF ADSL2+ CPE‟s: The ADSL2+ CPE‟s will be managed by the                                 2). BSNL will be responsible for providing the access to
                             existing TR064 and TR069 Applications deployed as a part of the Broadband Multiplay                 Motive Server deployed at BSNL.                                  Yes please.
                             Network.                                                                                            Please confirm.
  28       III       13      The ADSL2+ CPE‟s supplied shall be integrated with the existing TR064 & TR069                       3). If ADSL2+ CPE offered is tested and certified by Motive,
                             applications working in BSNL. Motive interoperability test shall be done as a part of               then please relax the Motive interoperability test which needs   Tender condition is very
                             the TSEC. Motive System is already working in BSNL Network and integration of the                   to be done as a part of the TSEC to save time duirng TSEC.       clear. No change in the
                             CPEs to this network is CPE‟s vendor responsibility.                                                Please confirm.                                                  tender condition.

                                                                                                                                 We can use TR069 to realize the function, so kindly request      Tender condition is very
                                                                                                                         14      cancel the TR064 requirement.                                    clear. No change in the
                                                                                                                                                                                                  tender condition.
                                                                                                                                                                                                  Tender condition is very
                                                                                                                                 We can use TR069 to realize the function, so kindly request
  29       III      13.1.2   Shall support auto configuration as per DSL forum TR-64 and TR-69                           14                                                                       clear. No change in the
                                                                                                                                 cancel the TR064 requirement.
                                                                                                                                                                                                  tender condition.
                                                                                                                                                                                                  Tender condition is very
                                                                                                                                 Kindly request cancel TR111 requirement.
                                                                                                                                                                                                  clear. No change in the
                                                                                                                                 TR104 is not suitable for CPE (Type-W2)
                                                                                                                                                                                                  tender condition.
  30       III      13.2.6   The existing software supports TR111 and TR104.                                             15      Please remove the requirement of TR104 as its applicable for
                                                                                                                                                                                                  Tender condition is very
                                                                                                                                 the VoIP as BSNL is not asking for the VoIP Interface for this
                                                                                                                                                                                                  clear. No change in the
                                                                                                                                 ADSL2+ CPE.
                                                                                                                                                                                                  tender condition.
                                                                                                                                 Please confrim.
                                                                                                                                                                                                  Tender condition is very
                                                                                                                                                                                                  clear. No change in the
                                                                                                                                                                                                  tender condition. Supply of
                                                                                                                                                                                                  the CD Containing different
                                                                                                                                 We understand that Motive system deplyed at BSNL is not
                                                                                                                                                                                                  Motive client versions for
                                                                                                                                 supporting the Win Vista & 7, so their should not be any
                                                                                                                                                                                                  all operating systems
  31       III      13.2.7   The existing Motive software version is HDM2.2.                                             15      requirement to support Motive CD ofr these OS.
                                                                                                                                                                                                  indicated in the clause is the
                                                                                                                                 Please confirm.
                                                                                                                                                                                                  responsibility of the bidder.
                                                                                                                                                                                                  However the required
                                                                                                                                                                                                  software client will be used
                                                                                                                                                                                                  matching the software in
                                                                                                                                                                                                  the server.
                                                                                                                                 Please note that Microsoft (OS developer) has stopped the
                                                                                                                                 support for Windows 98 & 2000.                                   Tender condition is very
                             Installation CD for popular operating systems like Windows 98/2000/XP/Higher and                    We therefore request you to please delete these two operating
  32       III      14.2                                                                                                 15                                                                       clear. No change in the
                             Linux is required.                                                                                  systems requirements.                                            tender condition.
                                                                                                                                 Please confirm.
                                                                                                                                 1). We understand that the current BSNL Motive ACS server
                                                                                                                                                                                               Tender condition is very
                                                                                                                                 does not support Win Vista & 7 and Motive has to provide this
                                                                                                                                                                                               clear. No change in the
                                                                                                                                 CD after testing our modem, kindly delete these two operating
                                                                                                                                                                                               tender condition. Supply of
                                                                                                                                 systems as current BSNL Motive does not support.
                                                                                                                                                                                               the CD Containing different
                                                                                                                                                                                               Motive client versions for
                                                                                                                                                                                               all operating systems
                                                                                                                                                                                               indicated in the clause is the
                                                                                                                                                                                               responsibility of the bidder.
                                                                                                                                                                                               However the required
                                                                                                                                                                                               software client will be used
                             Motive Client Application shall be part of the installation CD. The Motive client                                                                                 matching the software in
                             application will be provided for inclusion in the CD by BSNL after completion of the                                                                              the server.
                             Motive Interoperability testing. The Motive Client Application shall                                2). Please confirm the operating system comes under "Higher      Clause is clear. No Change
  33       III      14.3     support Windows 98/2000/XP/Vista/7 or Higher Operating Systems i.e. any operating           15      Operating System".                                               in the clause please.
                             system likely to be introduced during the supply /warranty/AMC periods. Separate
                             client application shall be required to be supplied as part of the CD for different HDM
                                                                                                     Page 5 of 15
                             (Motive) versions supporting different group of operating system.
                   Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                          Motive Client Application shall be part of the installation CD.Dated 03.10.2011
                                                                                         The Motive client
                                application will be provided for inclusion in the CD by BSNL after completion of the
       Section     Clause Motive Interoperability testing. The Motive Client Application shall                            Ref no.
SI.No.                                       Brief Description of the Clause                                                                       Comments of Bidder                                   BSNL Comments
  33     No.
          III        No. support Windows 98/2000/XP/Vista/7 or Higher Operating Systems i.e. any operating
                     14.3                                                                                                     Bid
                                                                                                                          in 15
                                system likely to be introduced during the supply /warranty/AMC periods. Separate
                                client application shall be required to be supplied as part of the CD for different HDM             3). Please note that if Motive is able to provide two differnet
                                                                                                                                                                                                       Tender condition is very
                                (Motive) versions supporting different group of operating system.                                   client software, only then bidders are responsible for providing
                                                                                                                                                                                                       clear. No change in the
                                                                                                                                    these client software.
                                                                                                                                                                                                       tender condition. Supply of
                                                                                                                                    Any delay / not able to provide these client software is
                                                                                                                                                                                                       the CD Containing different
                                                                                                                                    responsibility of BSNL as Motive solution is deplyed by him
                                                                                                                                                                                                       Motive client versions for
                                                                                                                                    Please confrim.
                                                                                                                                                                                                       all operating systems
                                                                                                                                                                                                       indicated in the clause is the
                                                                                                                                                                                                       responsibility of the bidder.
                                                                                                                                                                                                       However the required
                                                                                                                                                                                                       software client will be used
                                                                                                                                                                                                       matching the software in
                                                                                                                                                                                                       the server.

                                                                                                                            16      We really appreciate the efforts of BSNL for going ahead for
                                                                                                                                    TSEC which is always very effective and detailed testing of the
                                                                                                                                                                                                    Validation is not applicable
  34   IV Part A     1 (h)      Validation                                                                                          prouct. Since TSEC is mandatory in this tender therefore
                                                                                                                                                                                                    in this tender
                                                                                                                                    validation clauses shall not be applicable.
                                                                                                                                    Please confirm.
                                A prospective bidder, requiring any clarification on the Bid Documents shall notify the     17      Does that means - there is no need to upload the queries on e-
                                Purchaser by Email to : srvatsabsnl@gmail.com & agmmt_co@rediffmail.com and by                      tender portal?
                                                                                                                                                                                                    The tender clause is self
  35   IV Part A      5.1       Post/ FAX at the Purchaser‟s mailing address/FAX no. indicated in the invitation of
                                                                                                                                                                                                    explanatory.
                                Bid. Queries submitted by any other means shall not be entertained.                                 Please confirm.

                                                                                                                                    We understand that SIA certificate available for other Telecom
                                Registration certificate from State Director of Industries or from Secretariat for                                                                                 Please read along with
  36   IV Part A   10.1.(iii)                                                                                               19      Products will be sufficient for the purpose of this Tender.
                                Industrial Approval (SIA), Ministry of Industries, Government of India.                                                                                            clause 4.1 of section-I
                                                                                                                                    Kindly confirm.
                                                                                                                                                                                                       The documentary evidence
                                                                                                                                    We understand that the technical and production capability of
                                                                                                                                                                                                       about the technical and
                                The bidder shall furnish documentary evidence about technical and production                        OEM who has authorized the bidder to submit the bid on its
  37   IV Part A    10.2.(ii)                                                                                               19                                                                         production capability of the
                                capability necessary to perform the contract.                                                       behalf, will be sufficient to comply with this clause. Kindly
                                                                                                                                                                                                       OEM is required to be
                                                                                                                                    confirm
                                                                                                                                                                                                       submitted please.
                                In order to enable the Purchaser to assess the provenness of the system offered, the        19      We understand that submission of copies of Infrastructure
                                bidder shall provide documentary evidence regarding the system being offered by him.                Assessment Certificate (IA), Inspection Certificate (IC) &
                                                                                                                                                                                                       The tender clause is self
  38   IV Part A      10.3                                                                                                          Form - B (QF-103) are essential and mandatory.
                                                                                                                                                                                                       explanatory.
                                                                                                                                    Please confirm.

                                 10.4 The offered product has to be type approved. For this purpose, the supplier shall             1) We understand that requisite samples and all the related        Samples       and      related
                                submit a sample type for evaluation. The sample would be evaluated for its ability to               documents for TSEC shall be submitted to BSNL QA                   documents        shall      be
                                meet the technical specifications, manufacturability, reliability, testability, ease of             Bangalore prior to Tender submission.                              submitted to BSNL QA
                                installation, maintainability etc. Necessary documents to substantiate these attributes             Kindly confirm.                                                    prior to bid submission as
                                will have to be submitted at the time of application for approval by the supplier for                                                                                  per clause 4.8 section-I
  39   IV Part A      10.4                                                                                                  19
                                obtaining type approval.
                                                                                                                                    2) We really appreciate the efforts of BSNL for going ahead for
                                Or
                                                                                                                                    TSEC which is always very effective and detailed testing of the The tender clause is self
                                In case goods offered have already been type approved/ validated by the Purchaser,
                                                                                                                                    prouct. Since TSEC is mandatory in this tender therefore        explanatory.
                                documentary evidence to this effect shall be submitted by the bidder.
                                                                                                                                    validation clauses shall not be applicable.




                                                                                                      Page 6 of 15
                        Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                             Dated 03.10.2011
          Section      Clause                                                                                                  Ref no.
SI.No.                                                 Brief Description of the Clause                                                                  Comments of Bidder                                    BSNL Comments
            No.          No.                                                                                                   in Bid
                                   The evaluation and comparison of responsive bids shall be done on the basis of Net
                                   cost to BSNL on the prices of the goods offered inclusive of Duties and taxes (but
                                   excluding CENVAT-able Duties & Taxes), Sales Tax, Packing, Forwarding, Freight
                                   and Insurance charges etc. as indicated in Col. 17 of the price schedule in the Section
                                   IX Part I/II of the Bid-document. As stipulated in clause 9.1, Octroi/Entry Taxes are not             Does that mean - the bidder who will quote highest price in the
                                   to be included in the composite price and hence the same will not be considered for the               normal e-bidding process, will be not eligible to participate in
                                   purpose of evaluation and comparison of responsive bids. However, Octroi/Entry Taxes                  the e-reverse auction?                                           Change proposed is not
     40    IV Part A    22.2 (a)                                                                                                 25
                                   will be paid extra. as per actuals wherever applicable on production of proof of                      If so - we request BSNL to please delete this stringent          agreed to.
                                   payment/relevant invoices/documents. The bidder shall be informed regarding base                      condition and allow all the technically qualified bidder to
                                   price given by BSNL at the time of reverse auction. The discounted three years AMC                    participate in e-reverse auction.
                                   prices shall be included. Assuming the financial bids are opened for „n‟ number of
                                   bidders, then only lowest (n-1) number of bidders, subject to minimum of two, shall be
                                   eligible to participate in the e-reverse auction.


                                    Vendors should furnish the correct E.D./Customs tariff Head in the price Schedule. If                Please clarify that what happens incase we are correct with the
                                    the credit for the Duties and Taxes under CENVAT Credit Rules, 2004 is found to be                   CTH however Customs authorities takes into consideration
                       22.2.(b).(ii
     41    IV Part A                not admissible at any stage subsequently owing to wrong furnishing of Tariff Head,           25      some other CTH resulting into excess payments to customs        Clause is self explanatory.
                            )
                                    then the vendors will be liable to refund such non-admissible amount, if already paid,               authorities however we suggest if BSNL can share the CTH
                                    along with penalty if charged by the concerned authority.                                            with us to avoid future disconnects.

                                    The purchaser reserves the right to ask the bidders to submit documentary proof
                                    confirming the correct Tariff Head from the E.D./Customs authority where the Tariff                  Since the Cenvat Claim has to be availed of by BSNL, we             Tender condition is very
                       22.2.(b).(iv
     42    IV Part A                Head furnished against the particular tendered item by different bidders differs from        26      understand that bidder is not required to submit the cenvat         clear. No change in the
                            )
                                    each other or the same is found apparently not furnished in accordance with                          registration certificate copy. Kindly confirm.                      tender condition.
                                    E.D./Customs Tariff notifications.
                                                                                                                                         It is suggested that all the supporting documents be                The clause is clear as it
                                    If the supplier fails to furnish necessary supporting documents i.e. Excise/Customs                  categorically stated here so that supplier is clear about its       intends to cover all the
     43    IV Part A   22.2.(b).(v) invoices etc. in respect of the Duties/taxes which are Cenvatable, the amount pertaining     26      obligations and can provide the said documents. Accordingly,        Cenvatable taxes & duties -
                                    to such Duties/Taxes will be deducted from the payment due to the firm.                              the term "etc" coming after Excise / Customs invoices may be        change proposed is not
                                                                                                                                         deleted                                                             acceptable.
                                   Duration of Reverse-Auction Bidding - Two Hours                                               36      Please reduce this duration as One Hour time is sufficient.         Change proposed is not
     44    IV Part B      9 (2)
                                                                                                                                                                                                             agreed to
                                                                                                                                         As there is a separate format of Price Schedule for AMC,            No change in tender
                                   Entity - Start Price                                                                                  bidder will have some difficulties in calculating AMC for each condition.
                                   L-1 of Col 14 [Unit price excluding duties and taxes CENVAT-able (12- 13)]of Price                    of his quote during auction. Please do not keep AMC price as
     45    IV Part B      9 (5)                                                                                                  36
                                   schedules for the package & discounted (NPV) AMC charges for three years, arrived                     entity for start price. It was also not there in old tender (Tender
                                   after opening of Financial Part.                                                                      No. CA/CFA/CPE-BB/T-405/2011-12 dated 17.08.2011).

                                   Minimum bid decrement - Rs.10/-(Ten Indian Rupee)                                             36      Since the unit price of CPE is quite low, we suggest that bid       No change       in   tender
     46    IV Part B      9 (6)
                                                                                                                                         decrement price should be - 1 Indian Rupee.                         condition.
                                                                                                                                 37      During e-reverse auction, bidder's current rank should be           No change       in   tender
                                                                                                                                         displayed. In all the BSNL's e-tender, during e-auction bidder is   condition.
     47    IV Part B      9 (8)    Display of Bidder‟s own current Rank during bidding period - No                                       able to see his rank and quote accordingly.
                                                                                                                                         Please replace 'No' with 'Yes' in this clause.
                                                                                                                                         We understand that the Supplier will be indemnifying only for
                                   The supplier shall indemnify the purchaser against all third-party claims of                          those claims which arises due to the reasons solely attributable
                                                                                                                                                                                                          Tender condition is clear
     48    V Part A         3      infringement of patent, trademark or industrial design rights arising from use of the         39      to the Supplier and goods supplied by the Supplier which
                                                                                                                                                                                                          please.
                                   goods or any part thereof in Indian Telecom Network.                                                  BSNL was using as per the terms of the Tender? Please
                                                                                                                                         confirm.
                                    8 .0 INCIDENTAL SERVICES
                                   8.1 The supplier may be required to provide any or all of the following services:                                                                                       Tender condition is very
                                                                                                                                         As this is the terminal tender hence there is no on site assembly
49        V PART A          8      a) Performance of supervision or maintenance and/or repair of the supplied Goods, for         41                                                                        clear. No change in the
                                                                                                                                         and maintenance required. BSNL please delete the clause.
                                   a period of time agreed by the parties provided that this service shall not relieve the                                                                                 tender condition.
                                   supplier of any warranty obligations under this contract.
                                                                                                         Page 7 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                                  Ref no.
SI.No.                                             Brief Description of the Clause                                                                   Comments of Bidder                                   BSNL Comments
           No.        No.                                                                                                   in Bid
                                                                                                                                      We suggest to BSNL:
                                9 .0 SPARES
                                                                                                                                      In the event of termination of production of the spare parts, the
                               (b) In the event of termination of production of the spare parts, the supplier shall:
                                                                                                                                      supplier shall:
                               i) give advance notification to the purchaser pending termination (not less than 2 years),
                                                                                                                                      i) give advance notification to the purchaser pending             Tender condition is very
                               in sufficient time to enable the purchaser to procure life time spare; and
  50     V PART A     9.1                                                                                                     41      termination (not less than 3 months), in sufficient time to       clear. No change in the
                               ii) following such advance intimation of termination, furnish at no cost to the
                                                                                                                                      enable the purchaser to procure life time spare; and              tender condition.
                               purchaser, the blue prints, drawings and specifications of spare parts, if and when
                                                                                                                                      ii) following such advance intimation of termination, furnish at
                               requested.
                                                                                                                                      no cost to the purchaser, the BOM codes and specifications of
                                                                                                                                      spare parts, if and when requested.
                                10 .0 WARRANTY
                                10.1 The supplier shall warrant that the stores to be supplied shall be new and free
                               from all defects and faults in materials used, workmanship and manufacture and shall
                               be of the highest grade and consistent with the established and generally accepted
                               standards for materials of the type ordered and shall perform in full conformity with
                               the specifications and drawings. The supplier shall be responsible for any defect that
                               may develop under the conditions provided by the contract and under proper use,                                                                                           Tender condition is clear -
                               arising from faulty material, design or workmanship such as corrosion of the                           We suggest to BSNL:
  51     V PART A     10.1                                                                                                    42                                                                         change proposed is not
                               equipment, inadequate quantity of material to meet equipment requirements,                                                                                                acceptable
                               inadequate contact protection, deficiencies in circuit design and/or otherwise and shall               This warranty shall survive 12 months after the stores have
                               remedy such defects at his own cost when called upon to do so by the Purchaser                         been taken over under clause 5.5 above.
                               who shall state in writing in what respect the stores are faulty. This warranty shall
                               survive inspection or payment for / and acceptance of goods, but shall expire (except in
                               respect of complaints notified prior to such date) twenty four months after the stores
                               have been taken over under clause 5.5 above.

                                                                                                                                      We suggest to BSNL:
                                If it becomes necessary for the Supplier to replace or renew any defective portion(s) of
                                                                                                                                      If it becomes necessary for the Supplier to replace or renew any
                               the equipment under this clause, the provisions of the clause 10.1 shall apply to the
                                                                                                                                      defective portion(s) of the equipment under this clause, the
                               portion(s) of the equipment so replaced or renewed or until the end of the above
                                                                                                                                      portion(s) of the equipment replaced or renewed shall be free      Tender condition is clear -
                               mentioned period of 24 months, whichever may be later. If any defect is not remedied
  52     V PART A     10.2                                                                                                    42      from defect for 3 months or the equipment shall be free from       change proposed is not
                               by the supplier within a reasonable time, the Purchaser may proceed to get the defects
                                                                                                                                      defect till the end of the above mentioned period of 24 months,    acceptable
                               remedied from other supplier etc., at the supplier‟s risk and expenses, but without
                                                                                                                                      whichever may be later. If any defect is not remedied by the
                               prejudice to any other rights which the purchaser may have against the supplier in
                                                                                                                                      supplier within a reasonable time, the Purchaser may get a
                               respect of such defects.
                                                                                                                                      replacement from the Supplier.
                                                                                                                              42      Shipment from BSNL SSA to the vendor's designated repair           Tender condition is self
                               Replacement under warranty clause shall be made by the supplier free of all charges at                 centers shall be at the cost of BSNL only. However, shipment       explanatory.
                               site including freight, insurance and other incidental charges. Shipment to the vendor                 cost from repair center to the SSA shall be bared by vendor. In
  53     V Part A     10.3                                                                                                            earlier tenders also the same process has been followed.
                               designated repair centers shall be at the cost of
                               vendor.                                                                                                Please amend the clause accordingly.


                               Any increase in taxes and other statutory duties/levies after the expiry of the delivery
                                                                                                                                      We understand that increase shall be to supplier's account only
  54     V Part A   12.1.(iii) date shall be to the supplier‟s account. However, benefit of any decrease in these             44                                                                      Tender condition is clear.
                                                                                                                                      if the delay is attributable to Supplier. Kindly confirm
                               taxes/duties shall be passed on to the Purchaser by the supplier.
                                                                                                                                      We understand that steps like forfeiture of security,
                               Delay by the Supplier in the performance of its delivery obligations shall render the
                                                                                                                                      cancellation of order shall be taken only after the period of LD Tender condition is clear
                               Supplier liable to any or all of the following sanctions: forfeiture of its performance
  55     V Part A     15.2                                                                                                    45      is over and only for those defaults which were for reasons        needs        no   further
                               security, imposition of liquidated damages and/or termination of the contract for
                                                                                                                                      attributable solely due to the Supplier after giving a reasonable explanation.
                               default.
                                                                                                                                      notice to the Supplier to rectify the default?




                                                                                                     Page 8 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                                   Ref no.
SI.No.                                              Brief Description of the Clause                                                                   Comments of Bidder                                 BSNL Comments
           No.        No.                                                                                                    in Bid

                               In case extension is being granted beyond 20 weeks then the vendor shall submit
                               additional BG while seeking extension. For peace meal items the amount of additional
                               BG shall be 5% of the value of balance quantity of items to be supplied for which
                               extension in delivery period has been sought. In case of infrastructure/turnkey projects
                                                                                                                                       We understand that only in case of delay caused by            Tender condition is clear
                               other than as stated above, 1% of the total project value shall be the value for additional
  56     V Part A   15.3.(iii)                                                                                                 45      vendor/bidder beyond 20 weeks, this additional BG is required needs        no    further
                               BG. The additional BG shall be valid for six months beyond extension of. delivery
                                                                                                                                       to be submitted. Kindly confirm                               explanation.
                               period sought and shall be discharged after the full ordered
                               quantity has been supplied to the ultimate consignee within the last extended delivery
                               period on submission of inspection certificate from QA and consignee receipt without
                               prejudice to the other remedies available to the purchaser.
                                                                                                                                                                                                     Tender condition is very
                                                                                                                                       We understand that BSNL will deduct LD (if any) from the last
  57     V Part A      16      LIQUIDATED DAMAGES                                                                             45-46                                                                  clear. No change in the
                                                                                                                                       payment milestone only. Kindly confirm.
                                                                                                                                                                                                     tender condition.
                              Quantum of liquidated damages assessed and levied by the purchaser and decision of
                              the purchaser thereon shall be final and binding on the supplier, further the same shall                 1) Can the supplier be heard before finalizing / deducting the   Tender condition is very
                              not be challenged by the supplier either before Arbitration tribunal or before the court.                LD by the Purchaser?                                             clear. No change in the
                              The same shall stand specifically excluded from the purview of the arbitration clause,                                                                                    tender condition.
  58     V Part A   16.2.(iv) as such shall not be referable to arbitration. However, when supply is made to the               46
                              ultimate consignee within 21 days of QA clearance in the extended delivery period and
                              the goods were dispatched within this delivery period, the consignee may accept the                      2) Recourse to court of law or arbitration should not be stopped Tender condition is very
                              stores and in such cases the LD shall be levied up to the date of dispatch after QA                      or curtailed.                                                    clear. No change in the
                              clearance only.                                                                                          Please confirm                                                   tender condition.

                                17 .0 FORCE MAJEURE
                               If, at any time, during the continuance of this contract, the performance in whole or in
                               part by either party of any obligation under this contract is prevented or delayed by
                               reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage ,
                               fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of
                               God (hereinafter referred to as events) provided notice of happenings of any such
                               eventuality is given by either party to the other within 21 days from the date of
                               occurrence thereof, neither party shall by reason of such event be entitled to terminate
                               this contract nor shall either party have any claim for damages against other in respect
                               of such non-performance or delay in performance, and deliveries under the contract                                                                                       Clause pertains to
                               shall be resumed as soon as practicable after such an event come to an end or cease to                                                                                   occurrence of specific
                                                                                                                                       We understand that the BSNL will be discussing in good faith
                               exist, and the decision of the Purchaser as to whether the deliveries have been so                                                                                       condition explained therein.
  59     V Part A      17                                                                                                      47      with the Supplier regarding the price at which such materials
                               resumed or not shall be final and conclusive. Further that if the performance in whole                                                                                   It is clear and needs no
                                                                                                                                       are to be purchased by BSNL? Please confirm.
                               or part of any obligation under this contract is prevented or delayed by reasons of any                                                                                  further explanation and
                               such event for a period exceeding 60 days, either party may, at its option, terminate the                                                                                confirmation please.
                               contract.
                               Provided, also that if the contract is terminated under this clause, the Purchaser shall be
                               at liberty to take over from the Supplier at a price to be fixed by the purchaser, which
                               shall be final, all unused, undamaged and acceptable materials, bought out components
                               and stores in course of manufacture which may be in possession of the Supplier at the
                               time of such termination or such portion thereof as the purchaser may deem fit, except
                               such materials, bought out components and stores as the Supplier may with the
                               concurrence of the purchaser elect to retain.




                                                                                                      Page 9 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                                   Ref no.
SI.No.                                            Brief Description of the Clause                                                                     Comments of Bidder                                  BSNL Comments
           No.        No.                                                                                                    in Bid

                             The Purchaser may, without prejudice to any other remedy for breach of contract, by
                             written notice of default, sent to the supplier, terminate this contract in whole or in part.
                             a) if the supplier fails to deliver any or all of the goods within the time period(s)                     We understand that the decision to terminate will be taken only
                             specified in the contract, or any extension thereof granted by the purchaser pursuant to                  in the case that such activity occurs solely due to reasons         Given clause of tender is
  60     V Part A    18.1    clause15;                                                                                         47      attributable to the Supplier and the maximum period for LD is clear and needs no further
                             b) if the supplier fails to perform any other obligation(s) under the Contract; and                       over and the supplier has failed to rectify the default despite the clarification please.
                             c) if the supplier, in either of the above circumstances, does not remedy his failure                     notice. Please confirm.
                             within a period of 15 days (or such longer period as the purchaser may authorize in
                             writing) after receipt of the default notice from the purchaser.

                             TERMINATION FOR INSOLVENCY
                             The Purchaser may at any time terminate the Contract by giving written notice to the
                                                                                                                                                                                                      Given clause of tender is
                             Supplier, without compensation to the supplier. If the supplier becomes bankrupt or                       We understand that in such case BSNL will pay supplier for the
  61     V Part A     19                                                                                                       48                                                                     clear and needs no further
                             otherwise insolvent as declared by the competent court provided that such termination                     obligations which are already delivered. Kindly confirm
                                                                                                                                                                                                      clarification please.
                             will not prejudice or affect any right of action or remedy which has accrued or will
                             accrue thereafter to the purchaser.



                             ARBITRATION
                             In the event of any question, dispute or difference arising under this agreement or in
                             connection there-with (except as to the matters, the decision to which is specifically
                             provided under this agreement), the same shall be referred to the sole arbitration of the
                             CMD, BSNL or in case his designation is changed or his office is abolished, then in
                             such cases to the sole arbitration of the officer for the time being entrusted (whether in
                             addition to his own duties or otherwise) with the functions of the CMD, BSNL or by
                             whatever designation such an officer may be called (hereinafter referred to as the said
                             officer), and if the CMD or the said officer is unable or unwilling to act as such, then to
                             the sole arbitration of some other person appointed by the CMD or the said officer. The
                             agreement to appoint an arbitrator will be in accordance with the Arbitration and
                             Conciliation Act 1996. There will be no objection to any such appointment on the
                             ground that the arbitrator is a Government Servant or that he has to deal with the matter
                                                                                                                                                                                                         Clause is amply clear and
                             to which the agreement relates or that in the course of his duties as a Government                        We suggest that the arbitrator and arbitration venue should be
  62     V Part A     20                                                                                                       48                                                                        needs no further
                             Servant he has expressed his views on all or any of the matters in dispute. The award of                  neutral person and neutral venue. Kindly confirm
                                                                                                                                                                                                         clarification
                             the arbitrator shall be final and binding on both the parties to the agreement. In the
                             event of such an arbitrator to whom the matter is originally referred, being transferred
                             or vacating his office or being unable to act for any reason whatsoever, the CMD,
                             BSNL or the said officer shall appoint another person to act as an arbitrator in
                             accordance with terms of the agreement and the person so appointed shall be entitled to
                             proceed from the stage at which it was left out by his predecessors.
                             The arbitrator may from time to time with the consent of both the parties enlarge the
                             time frame for making and publishing the award. Subject to the aforesaid, Arbitration
                             and Conciliation Act, 1996 and the rules made there under, any modification thereof
                             for the time being in force shall be deemed to apply to the arbitration proceeding under
                             this clause.
                             The venue of the arbitration proceeding shall be the office of the CMD, BSNL, New
                             Delhi or such other places as the arbitrator may decide.




                                                                                                     Page 10 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                              Ref no.
SI.No.                                           Brief Description of the Clause                                                                 Comments of Bidder                                  BSNL Comments
           No.        No.                                                                                               in Bid
                             SET OFF
                             Any sum of money due and payable to the supplier (including security deposit
                             refundable to him) under this contract may be appropriated by the purchaser or the                   We request BSNL to SET OFF provisions out of this tender
                                                                                                                                                                                                   Tender condition is very
                             BSNL or any other person(s) contracting through the BSNL and set off the same against                only or against any other tender only after giving adequate time
  63     V Part A     21                                                                                                 48-49                                                                     clear. No change in the
                             any claim of the Purchaser or BSNL or such other person or person(s) for payment of a                period of at least 30 days before setting off any claims along
                                                                                                                                                                                                   tender condition.
                             sum of money arising out of this contract or under any other contract made by the                    with the documentary proof for the same.
                             supplier with the Purchaser or BSNL or such other person(s) contracting through the
                             BSNL.
                             The prices once fixed will remain valid during the scheduled delivery period except for                                                                                Clause is amply clear and
                                                                                                                                  We understand that the prices would remain valid for this
  64     V Part A    24.1    the provisions in clause 12.1 of Section V Part A. Further, if at any time during the        49                                                                        needs no further
                                                                                                                                  Tender/RFP only and not for forthcoming/next Tenders/RFPs.
                             contract.                                                                                                                                                              clarification
                             The minimum amount of yearly AMC charges which shall be taken for evaluation                 52      To quote the competetive price and to offer better services, we
                             purpose shall be 1% (All basic prices exclusive of duties and taxes as per column 4 of               request BSNL to take the minimum amount of yearly AMC
                             the Price schedule section IX Part-II-A or column 4B of the Price schedule section IX                charges which shall be taken for evaluation purpose as 2%.      Tender condition is very
  65     V Part B    3.5.3   Part-II-B multiplied by quantity in column 3). However ordering price will be arrived as             This figure (2%) is also considered in past tenders of Consumer clear. No change in the
                             per the actual quoted rates.                                                                         Premises Equipments like IFWT/FWT/NIC etc.                      tender condition.
                                                                                                                                  However, it is upto BSNL to sign AMC or not.


                             The ADSL2+ CPE‟s are expected to be procured in two Phases i.e Phase-I and Phase-II.         52      1) We request BSNL to consider single PO for entire ordered
                             The quantity distribution shall be 50% for each Phase. BSNL shall place only one APO                 quantity and not to divide it in two phases.
                             covering both the Phases. PO will be placed separately for each Phase.                               2) Since there is lot of time gap between Phase - 1 and Phase -
                                                                                                                                  2 PO, we request BSNL that bidder shall allowed to submit the Tender condition is very
  66     V Part B     4.1                                                                                                         PBG only for the Phase I quantity. However, bidder will submit clear. No change in the
                                                                                                                                  the separate PBG against phase II quantity before issuance of tender condition.
                                                                                                                                  phase II PO.
                                                                                                                                  Please confirm.
                                                                                                                          52      Please note that the bidder can not make financial
                                                                                                                                  commitments with their raw material suppliers before issuance
                                                                                                                                  of firm PO.
                                                                                                                                  Also for Phase II supplies first 50% within 30 days is not
                                                                                                                                  practically possible. As it requires procurement or raw
                                                                                                                                  material, manufacturing, transport, QA testing, local transport
                                                                                                                                  etc.
                                                                                                                                                                                                    The phase-II delivery
                                                                                                                                  We therefore request you to please amend the clause as
                                                                                                                                                                                                    schedule is amended as
                                                                                                                                  follows:-
                                                                                                                                                                                                    follows:
                                                                                                                                  Phase-I
                                                                                                                                                                                                    "Phase-II
                             The supply schedule for the quantity of ADSL2+ CPE‟s mentioned in the PO of the                      Schedule of supply from the date of PO
                                                                                                                                                                                                    Schedule of supply from the
                             respective Phase shall be as follows:-                                                               Within 90 days = 50%
                                                                                                                                                                                                    date of PO
                                                                                                                                  91 to 120 days = 50%
                                                                                                                                                                                                    Within 60 days = 50%
                             Phase-I                                                                                              Phase-II
                                                                                                                                                                                                    61 to 90 days = 50% "
                             Schedule of supply from the date of APO                                                              Schedule of supply from the date of PO
                             Within 90 days = 50%                                                                                 Within 60 days = 50%
  67     V Part B     4.2                                                                                                         61 to 90 days = 50%.
                             91 to 120 days = 50%
                             Phase-II                                                                                             However, under any circumstances Delivery Period shall be
                             Schedule of supply from the date of PO                                                               commenced from the date of issuance of PO becasue of the
                             Within 30 days = 50%                                                                                 variation of quan tities between the APO and PO.
                             31 to 60 days = 50%




                                                                                                 Page 11 of 15
                           Phase-I
                           Schedule of supply from the date of APO
  67     V Part B
                           Within 90 of 50%
                    Clarificationdays =1Mn ADSL2+ W2 CPE’s through e-Tender No.
                      4.2
                                                                                                                              CA/CFA/CPE-BB/T-405 R/2011-12
                           91 to 120 days = 50%                            Dated 03.10.2011
                           Phase-II
         Section    Clause Schedule of supply from the date of PO                        Ref no.
SI.No.                                         Brief Description of the Clause                                                                Comments of Bidder                                    BSNL Comments
           No.        No. Within 30 days = 50%                                           in Bid
                           31 to 60 days = 50%
                                                                                                                              Based on our previous experience with BSNL delivery
                                                                                                                              schedule of 30 days for Phase II is not practicable as there is no   The phase-II delivery
                                                                                                                              commitment in the tender documents that Phase II orders will         schedule is amended as
                                                                                                                              be placed within a specific time frame and without any               follows:
                                                                                                                              reduction in the prices even after giving PBG for total              "Phase-II
                                                                                                                              quantities of APO. Either BSNL should give commitment that           Schedule of supply from the
                                                                                                                              the orders shall be placed within ........... months with the same   date of PO
                                                                                                                              prices as given in Phase I PO or delivery schedule should be         Within 60 days = 50%
                                                                                                                              amendment as given for Phase I supplies, as the time for             61 to 90 days = 50% "
                                                                                                                              component procurement itself would be minimum of 60 days.

                            All the latest Software Updates, Upgrades and /or Patches shall be implemented at no
                            extra cost to the Purchaser along with associated hardware and memory upgrade                     All updates/patches/bug-fixes to the existing version shall be
                            necessary for maintaining the software, at each site for the entire period of Warranty            given without any additional cost during the AMC period. All
                                                                                                                                                                                                   Tender condition is very
                            and AMC by selected Bidders. Acceptance Testing of the system shall be got done by                upgrades within the same version/release shall be given
  68     V Part B     5.2                                                                                                53                                                                        clear. No change in the
                            the Contractor through the authority designated by BSNL for all functions of all                  without any addition cost during AMC/warranty.
                                                                                                                                                                                                   tender condition.
                            systems after the implementation of Software Updates, Upgrades and Patches in each                Price for any new upgrades, feature enhancement etc shall be
                            system. The software/firmware upgradation shall be carried out through motive                     agreed mutually.
                            software.
                             “All software upgrades" and or patches shall be implemented free of cost at each site            We suggest to BSNL:                                                  Tender condition is very
  69     V PART B     5.5   for a period of 5 years w.e.f. date of P.O. by the respective bidders after TSEC             53   “All software upgrades" and or patches shall be implemented          clear. No change in the
                            Approval and uploading can be done from NOC.                                                      free of cost only for 2 years during the same version                tender condition.

                                                                                                                              As per the Clause No 4.2 Supply Schedule, the supply schedule
                            SECURITY CLEARANCE FOR PROCUREMENT:                                                                                                                                    Agreement as specified by
                                                                                                                              starts from the date of APO. After placing the APO, Security
                            New security guidelines dated 31-05-2011and dated 13-07-2011 are recently issued                                                                                       DOT has to be signed with
                                                                                                                              Clerance has to be applied to BSNLand getting the clerance
  70     V PART B      6    from DoT. Therefore security guidelines issued by DoT from time to time are required         53                                                                        BSNL by the successful
                                                                                                                              usually takes time.As per understanding of tender we can not
                            to be followed. The bidder shall submit an undertaking to this effect.                                                                                                 bidder before placement of
                                                                                                                              supply the items without security clerance. Hence supply
                                                                                                                                                                                                   P.O.
                                                                                                                              schedule should start from date of receipt of security clerance.

                            The vendor shall stock at least 2% spares in the repair center at least one for every five
                            territorial circles [Three Repair Centers by L1 and One Repair Center by L2] to meet              We Suggest:                                                          Tender condition is very
  71     V PART B    11.4   the timelines specified during period of Warranty and AMC. The List of Spares planned        55   No fixed Qty of spares will be kept in repair center, it should      clear. No change in the
                            to be kept in the repair center shall be submitted with the bid. BSNL reserves right to           be varied as per the actual requirement.                             tender condition.
                            inspect and revise the list of spares region wise.

                            The selected bidder shall submit a bank guarantee against AMC, valid for a period of
                            Three and half years, two months before the ongoing date of expiry of the PBG
                            submitted against the PO. Purchaser reserves the right to forfeit the PBG if the BG               We understand that the Bank Guarantee against AMC can be             Tender condition is very
  72     V Part B    11.5   against AMC is not submitted in time. Amount of Bank Guarantee will be the average           56   issued for a initial 1 years and renewed for the remaining           clear. No change in the
                            over three years of the sum of the discounted values of the yearly AMC charges. The               periods, please confirm                                              tender condition.
                            validity of the AMC BG shall have to be extended by the bidder to cover the whole
                            three years of AMC, if for any reason the date of start of AMC changes.

                                                                                                                                                                                                   Yes Please, The bidder
                            BSNL shall procure the spares (Any item of the BOM as per BSNL requirement) for the
                                                                                                                              We Suggest:                                                          shall submit the detailed
                            replacement of Burnt parts (with visual evidence) as and when required (which are
  73     V Part B    12.1                                                                                                56   It should be chargeable, as BSNL needs to issue PO for the           price BOM along with the
                            damaged under those conditions not covered under the AMC) during the five years
                                                                                                                              required spares.                                                     bid as per clause 12.1 of
                            from the start of warranty and after the completion of AMC.
                                                                                                                                                                                                   section-III.
                            The individual itemized price of the spares including consumables as per this tender
                                                                                                                                                                                                   Tender condition is very
                            shall be compared with the price of the same item as finalized in the latest tender in            Bidder who supplies the spares will provide the latest price,
  74     V Part B    12.2                                                                                                56                                                                        clear. No change in the
                            vogue at the time of procurement of such spares and lower of the two prices shall be              and this price should be the mutually agreed price.
                                                                                                                                                                                                   tender condition.
                            payable.

                                                                                                  Page 12 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                              Ref no.
SI.No.                                           Brief Description of the Clause                                                                 Comments of Bidder                                 BSNL Comments
           No.        No.                                                                                               in Bid

                                                                                                                                  We suggest to change the language of this clause as:

                                                                                                                                  "Would suggest reframing of the said clause as “We (name of
                             We( name of the bank)_________________________ further agree that the guarantee
                                                                                                                                  the bank)_________________________ further agree that the
                             herein contained shall remain in full force and effect during the period that would be
                                                                                                                                  guarantee herein contained shall remain in full force and effect
                             taken for the performance of the said agreement and that it shall continue to be
                                                                                                                                  during the period that would be taken for the performance of
                             enforceable till all the dues of the BSNL under or by virtue of the said Agreement have
                                                                                                                                  the said agreement and that it shall continue to be enforceable
                             been fully paid and its claims satisfied or discharged or till                                                                                                         Tender condition is very
                                                                                                                                  till all the dues of the BSNL under or by virtue of the said
  75      VII (B)     4      ________________________(office/Department) BSNL certifies that the terms and               60-61                                                                      clear. No change in the
                                                                                                                                  Agreement have been fully paid and its claims satisfied or
                             conditions of the said Agreement have been fully or properly carried out by the said                                                                                   tender condition.
                                                                                                                                  discharged or till
                             contractor(s) and accordingly discharges this guarantee. Unless a demand or claim
                                                                                                                                  ________________________(office/Department) BSNL
                             under this guarantee is made on us in writing on or before the expiry of TWO/TWO
                                                                                                                                  certifies that the terms and conditions of the said Agreement
                             AND HALF/THREE YEARS (as specified in P.O) from the date hereof, we shall be
                                                                                                                                  have been fully or properly carried out by the said contractor(s)
                             discharged from all liabilities under this guarantee thereafter.
                                                                                                                                  and accordingly discharges this guarantee. Unless a demand or
                                                                                                                                  claim under this guarantee is made on us in writing on or
                                                                                                                                  before the expiry i.e. DD/MM/YY (max. two years)"


                                                                                                                                  1). Generally Circles takes more time to sign AMC after expiry
                                                                                                                                  of Warranty. So the period from Warranty expiry to AMC         Tender condition is very
                                                                                                                                  signing is more than 1 year in some cases. So it shall not     clear. No change in the
                                                                                                                                  responsibility of supplier to take care the dump of complaints tender condition.
                             Warranty of ADSL2+ CPE‟s shall start from the date of acceptance by the consignee of
  76      VII [E]     1.2                                                                                                 68      during this blackout period.
                             the last batch of ADSL2+ CPE‟s in the Circle.
                                                                                                                                  2). This condition can be avoided , if Circle sign AMC
                                                                                                                                  immediately after Warranty expiry. So kindly make some           Tender condition is very
                                                                                                                                  arrangement, so that Circle shall sign AMC immediately after     clear. No change in the
                                                                                                                                  exipiry of Warranty.                                             tender condition.

                             It shall be mandatory for the bidders to undertake the Annual maintenance contract for       69      Generally Circles takes more time to sign AMC after expiry of
                             3 years to be signed at the time of acceptance of APO for entire quantity proposed to be             Warranty. So the period from Warranty expiry to AMC signing Tender condition is very
  77      VII [E]     1.4    ordered. The selected bidder has to submit a signed copy of the AMC agreement along                  is more than 1 year in some cases. So it shall not responsibility clear. No change in the
                             with the APO.                                                                                        of supplier to take care the dump of complaints during this       tender condition.
                                                                                                                                  blackout period.

                                                                                                                                                                                                   Tender condition is very
                                                                                                                                  As this is the terminal tender hence there is no need of API and
                                                                                                                                                                                                   clear. No change in the
                                                                                                                                  HDM. BSNL please delete the clause
                                                                                                                                                                                                   tender condition.
                               Provide API‟s of systems supplied by it against the Purchase Order for sharing with                There is no API's required in ADSL CPE to support any HDM.
  78      VII [E]     4.5                                                                                                 69      We understand that BSNL needs to take API's from Motive not Tender condition is very
                                 other HDM (Motive) or similar systems supplier for the purpose of integration.
                                                                                                                                  from ADSL supplier.                                              clear. No change in the
                                                                                                                                  Clause is irrelevent for ADSL2+ CPEs.                            tender condition.
                                                                                                                                  So request to kindly delete the same.




                                                                                                 Page 13 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                               Ref no.
SI.No.                                           Brief Description of the Clause                                                                   Comments of Bidder                                 BSNL Comments
           No.        No.                                                                                                in Bid


                                                                                                                                                                                                     The clause is amended as
                                                                                                                                                                                                     follows. "The SUPPLIER
                                                                                                                                                                                                     shall also ensure that
                                                                                                                                                                                                     Technical support Centers
                                                                                                                                                                                                     are manned and are able to
                              The SUPPLIER shall also ensure that Technical support Centers are manned and are                     We Suggest:                                                       provide service to BSNL 8
                             able to provide service to BSNL round the clock, all the seven days of the week                       Technical support Centers are manned and are able to provide      AM to 8PM, all the seven
  79      VII [E]    9.2.2                                                                                                 71
                             throughout the year. The level of service provided to BSNL shall not go down during                   service to BSNL 8 hours a day (normal working hours), five        days of the week throughout
                             night time or due to any day being holiday, or for any other reason.                                  days of the week throughout the year.                             the year. The level of
                                                                                                                                                                                                     service provided to BSNL
                                                                                                                                                                                                     shall not go down during
                                                                                                                                                                                                     night time or due to any day
                                                                                                                                                                                                     being holiday, or for any
                                                                                                                                                                                                     other reason".


                                                                                                                                   We Suggest:
                                                                                                                                    The 15 days time shall be calculated from the date of the        Tender condition is very
                             The 15 days time shall be calculated from the date of intimation to the supplier for
                                                                                                                                   supplier for collection of the faulty ADSL2+ CPE from the         clear. No change in the
                             collection of the faulty ADSL2+ CPE from the BSNL‟s designated location in the circle
  80      VII [E]    10.3                                                                                                  72      BSNL‟s designated location in the circle to the date of           tender condition. Please see
                             to the date of receiving back of the repaired / replacement of the same at the concerned
                                                                                                                                   receiving back of the repaired / replacement of the same at the   clause 15.1 of Section
                             BSNL site. Three days time additionally in each direction shall be taken as transit time.
                                                                                                                                   concerned BSNL site. Three days time additionally in each         VII[E].
                                                                                                                                   direction shall be taken as transit time.
                             The SUPPLIER shall ensure that a minimum stock of 2% of ADSL2+ CPE‟s supplied
                             in the network, are maintained as spare stock. It will be at the option of the SUPPLIER               We Suggest:                                                       Tender condition is very
  81      VII [E]    10.4    either to maintain the above spare stock of ADSL2+ CPE‟s at the Technical support             72      No fixed Qty of spares will be kept in repair center, it should   clear. No change in the
                             Center or to distribute the spare ADSL2+ CPE‟s over various circles where ADSL2+                      be various as per the actual requirements.                        tender condition.
                             CPE‟s are deployed, to meet his obligation under AMC.
                              The Supplier shall arrange for and ensure the immediate replacement of the faulty                    We Suggest:
  82      VII [E]    11.10   ADSL2+ CPE‟s with the good ones as & when the faulty ADSL2+ CPE‟s are received                74      Faulty units will be repaired/replaced within target deadline of Yes please.
                             at its designated Technical Support Center for repairs.                                               15 days.
                                                                                                                                                                                                    Tender condition is very
                                                                                                                                   As per our understanding, the records should also be confirmed
  83      VII [E]    11.14    In case of any dispute, the records maintained by BSNL shall have precedence.                74                                                                       clear. No change in the
                                                                                                                                   by Supplier.
                                                                                                                                                                                                    tender condition.
                                                                                                                                                                                                    Tender condition is very
                             BSNL shall not pay any charges in advance. For the services rendered during the                       We suggest: The AMC payment should be Quarterly in arrears clear. No change in the
                             half-year, the payment shall be made at the end of each half year at circle                                                                                            tender condition.
  84      VII [E]    13.2                                                                                                  75
                             office, normally within a period of 21 days from the date of submission of bills duly                 BSNL Circles took more time than 21 days to release AMC        Tender condition is very
                             certified by the concerned unit.                                                                      Payment. Some times it is saveral months. So kindly support in clear. No change in the
                                                                                                                                   such cases to get the payment in 21 days.                      tender condition.
                                                                                                                                                                                                  Tender condition is very
                             The penalty shall be deducted from the half yearly bills. The maximum value of penalty                We request BSNL to reduce the penalty on AMC to 10% of the
  85      VII [E]    15.3                                                                                                  76                                                                     clear. No change in the
                             for fault in SSA shall not exceed 25% of AMC amount in that year for the SSA.                         AMC amount in that year for the SSA.
                                                                                                                                                                                                  tender condition.




                                                                                                  Page 14 of 15
                    Clarification of 1Mn ADSL2+ W2 CPE’s through e-Tender No. CA/CFA/CPE-BB/T-405 R/2011-12
                                                         Dated 03.10.2011
         Section    Clause                                                                                                 Ref no.
SI.No.                                            Brief Description of the Clause                                                                   Comments of Bidder                                 BSNL Comments
           No.        No.                                                                                                  in Bid
                                                                                                                             76      1). In view of our past experience, BSNL Stores does not
                                                                                                                                     handle the product properly in store as well as during transport.
                                                                                                                                     Large qty. has been damaged due this and we request either
                              Not more than 1% of the total ADSL2+ CPE‟s sent in an year (of AMC)                                    increase the %age of RNP to 5% or such sets shall not be
                                                                                                                                     covered under AMC.                                                Tender condition is very
                              for repair will be declared as RNP (Repair Not Possible) by the supplier. BSNL
  86      VII [E]     15.5                                                                                                           2). AMC shall not cover if improper storage, water logged ,       clear. No change in the
                              shall reimburse upto a maximum of 1% of the cost of ADSL2+ CPE‟s sent
                                                                                                                                     burnt , unauthorized repair , abuse, accident, breakage or        tender condition.
                              for repair against replacement cost of ADSL2+ CPE‟s declared as RNP.
                                                                                                                                     damage Warranty void sticker is removed. We request you to
                                                                                                                                     kindly accept the same , so that AMC services can be provided
                                                                                                                                     aggrassively.

                              If BSNL is not satisfied with the performance of the SUPPLIER during AMC it
                                                                                                                                                                                                      Tender condition is very
                              reserves the right to terminate the AMC during its currency, after giving two months
  87      VII [E]     17.3                                                                                                   77      BSNL Please elaborate the meaning of "Not satisfied".            clear. No change in the
                              notice to the SUPPLIER and in such an event the vendor will hand over all the spares
                                                                                                                                                                                                      tender condition.
                              as indicated above.

                              In the event of any question, dispute or difference arising under this agreement or in
                              connection there-with (except as to matter the decision of which is specifically
                              provided under this agreement), the same shall be referred to sole arbitration of the
                              CMD, BSNL, New Delhi or in case his designation is changed or his office is abolished
                              then in such case to the sole arbitration of the officer for the time being entrusted
                              (whether in addition to his own duties or otherwise) with the functions of the
                              CMD,BSNL New Delhi or by whatever designation such officers may be called
                              (hereinafter referred to as the said officer) and if the CMD, BSNL New Delhi or the
                              said officer is unable or unwilling to act as such the sole arbitration of some other
                              person appointed by the CMD, BSNL New Delhi or the said officer. The agreement to
                                                                                                                                                                                                      Tender condition is very
                              appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act,                 We suggest that the arbitrator and arbitration venue should be
  88      VII [E]     18.1                                                                                                   77                                                                       clear. No change in the
                              1996 read with upto date amendment, if any.                                                            neutral person and neutral venue. Kindly confirm
                                                                                                                                                                                                      tender condition.
                              There will be no objection to any such appointment on the ground that the arbitrator is
                              BSNL Servant or that he has to deal with the matter to which the agreement relates or
                              that in the course of his duties as BSNL Servant he has expressed views on all or any of
                              the matter under dispute. The award of the arbitrator shall be final and binding on the
                              parties to the agreement. In the event of such arbitrator to whom the matter is originally
                              referred, being transferred or vacating his office or being unable to act for any reasons
                              whatsoever the CMD, BSNL New Delhi or the said officer shall appoint another person
                              to act as arbitrator in accordance with terms of the agreement and the person so
                              appointed shall be entitled to proceed from the stage at which it was left out by his
                              predecessors.

                                                                                                                                     As different PO's are being released for Phase I and Phase II,   Tender condition is very
                    Bid Form If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank
  89        IX                                                                                                               90      Perofrmance bank Guarantee should be asked seperately for        clear. No change in the
                    Clause 3 for a sum @ 5% of the contract value for the due performance of the contract.
                                                                                                                                     two PO's instead of one PBG for total APO value                  tender condition.

                                                                                                                                                                                                      Tender condition is very
                                                                                                                                     We understand that those clauses applicable for the interfaces
  90      General                                                                                                                                                                                     clear. No change in the
                                                                                                                                     not asked for Type - W2 will not be applicable for this type.
                                                                                                                                                                                                      tender condition.
                                                                                                                                                                                                      Highlighted parts of
                                                                                                                                     In new/revised tender document several paragraphs / clauses /
                                                                                                                                                                                                      clauses are changes in
                                                                                                                                     part of clauses are highlighted. Does that highlighted portion
  91                          General Query                                                                                                                                                           tender document with
                                                                                                                                     have some specific meaning?
                                                                                                                                                                                                      reference to the old tender
                                                                                                                                     If so, please elaborate.
                                                                                                                                                                                                      document.




                                                                                                    Page 15 of 15

				
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