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Page 1 of 51 Employees State Insurance Corporation(ESIC) Annexe Building, Express Building, Bahadur Shah Zafar Marg, New Delhi - 110002 Request for Proposal for Providing Managed Networking solutions using SDWAN Technology for ESIC Offices across India. ESIC (Employees State Insurance Corporation), an autonomous organization under Ministry of Labour and Employment, Government of India having its presence across India vide a network of about 2200 locations, is looking for proposals for network solutions to comprehensively manage networking of its offices across India. In this reference bids are invited from Vendors. Any other requisite information can be taken from our website - www.esic.nic.in . The complete tendering process would be undertaken online through our e- procurement site https://esictenders.eproc.in/ The bidders are required to download tender document from the above website for participation in the bid. Since this tender shall be conducted electronically, bidders are requested to go through the Special Instructions on E-Bidding given in Annexure – 9 .The Tender documents can be downloaded free of cost from the website https://esictenders.eproc.in/ Any information to the bidders on this bid and any other information will be uploaded on this website only. The bidders are advised to visit the website www.esic.nic.in and https://esictenders.eproc.in/ regularly for updates and download the details and respond to the tenders on a regular basis. Similarly, any corrigendum or extension of dates or change in specifications or any other information will be uploaded for information of the vendors/public on this website only. No separate individual letters/ E-Mails shall be sent regarding this.

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Page 1 of 51

Employees State Insurance Corporation(ESIC)

Annexe Building, Express Building,

Bahadur Shah Zafar Marg,

New Delhi - 110002

Request for Proposal for Providing Managed Networking solutions using

SDWAN Technology for ESIC Offices across India.

ESIC (Employees State Insurance Corporation), an autonomous organization under Ministry of Labour and Employment, Government of India having its presence across India vide a network of about 2200 locations, is looking for proposals for network solutions to comprehensively manage networking of its offices across India. In this reference bids are invited from Vendors. Any other requisite information can be taken from our website - www.esic.nic.in . The complete tendering process would be undertaken online through our e-procurement site https://esictenders.eproc.in/ The bidders are required to download tender document from the above website for participation in the bid. Since this tender shall be conducted electronically, bidders are requested to go through the Special Instructions on E-Bidding given in Annexure – 9 .The Tender documents can be downloaded free of cost from the website https://esictenders.eproc.in/ Any information to the bidders on this bid and any other information will be uploaded on this website only. The bidders are advised to visit the website www.esic.nic.in and https://esictenders.eproc.in/ regularly for updates and download the details and respond to the tenders on a regular basis.

Similarly, any corrigendum or extension of dates or change in specifications or

any other information will be uploaded for information of the vendors/public on this website only. No separate individual letters/ E-Mails shall be sent regarding this.

Page 2 of 51

Employees’ State Insurance Corporation (ESIC),

Annexe Building

Express Building, Bahadur Shah Zafar Marg,

New Delhi – 110002.

TENDER NO 1833

Request for Proposal for Providing Managed Networking Solutions

using SDWAN Technology for ESIC Offices across India.

Page 3 of 51

TABLE OF CONTENTS

Sl.

No. Content

Page

No.

1 Important Dates/Fact Sheet 4

2 PART- I: General Conditions 6

3 PART-II : Special Conditions 16

4 Technical Bid 23

5 Annexure-1- SDWAN Architecture with Proposed

Connectivity Diagram

26

6 Annexure-2-Affidavit by bidder 31

7 Annexure-3- Letter of Terms & Conditions Acceptance 32

8 Annexure-4- Signing Authority Letter 33

9 Annexure-5-List Of ESIC Offices 34

10 Annexure-6- Time Schedule for delivery and Installation of SDN Devices

35

11 Annexure-7- Submission of Bills and Terms & Conditions

for Payment

36

12 Annexure-8- Levy of Damages for Delay in installation of SDN Devices and Penalty for Breach of SLA (Service Level Agreement)

37

13 Annexure-9- Special Instructions on E-Bidding 38

14 Annexure -10.1 - Bank Guarantee Format for EMD 39

Annexure -10.2 - Bank Guarantee Format for Performance Security

41

15 Annexure 11 – Compliance Statement 43

16 PART-III : Financial Bid Form and L1 Selection Criteria 44

Page 4 of 51

Important Dates/Fact Sheet

Tender for Providing Managed Networking Solutions using SDWAN Technology for ESIC Offices across India.

Date of publication/ uploading the Tender document on the website https://esictenders.eproc.in/

18/10/18 (Thursday)

Last date and time of uploading of tender bids.

13:00 hours , 20/11/18 (Tuesday) (Bidder is advised to upload the bid and other documents well

before the closing time to avoid last minute rush.)

Date, time and venue of online opening of the tender bids.

14:00 hours , 20/11/18

(Tuesday)

Venue: Conference Hall, 5th Floor,Panchdeep Bhavan, ESIC Headquarters, CIG Marg,New Delhi -110002

Opening of Financial bids To be informed later. Bid validity from the date of submission. 180 days, subject to increase in

the validity of rates by mutual consent.

Number of vendors to be selected. Only one vendor will be selected.

Earnest Money Deposit(EMD) Rs. 1.00 Crores online or in the form of BG as per instructions given in clause 3 of this RFP.ESIC will not pay any interest on EMD amount.

Address, email and phone number for communication.

Employees’ State Insurance Corporation (ESIC),

Ground Floor, Express Building, Bahadur Shah Zafar Marg, New Delhi 110002, Sh Sanjay Sinha, Additional Commissioner-ICT 011-23701356/1358/1351 [email protected],

Page 5 of 51

Request for Proposal for Providing Managed Networking Solutions using SDWAN Technology for ESIC Offices across India.

Employees' State Insurance Corporation of India (ESIC) is an integrated social security

system tailored to provide social protection to workers, immediate dependent or family,

in the organised sector, in contingencies, such as, sickness, maternity and death or

disablement due to an employment injury or occupational hazard. To serve the industry

workers, ESIC has regional centres, hospitals and wellness centres in various states

numbering 2200. Presently, they are connected through MPLS(Multiprotocol Label

Switching) based computer communication network. It is now proposed to seek

Proposal for Providing Managed Networking solutions using SDWAN (Software Defined

Wide Area Network) Technology for all ESIC Offices across India.

Disclaimer

The sole objective of this document RFP (the Request for Proposal or the RFP) is to

solicit Techno commercial offers from interested parties for the scope of work as

mentioned in this document. While this document has been prepared in good faith, no

representation or warranty, express or implied, is or will be made, and no responsibility

or liability will be accepted by ESIC or any of their employees, advisors or agents as to

or in relation to the accuracy or completeness of this document and any liability thereof

is hereby expressly disclaimed.

Interested Parties may carry out their own study/ analysis/ investigation as required

before submitting their Techno commercial proposals.

This document does not constitute an offer or invitation, or solicitation of an offer, nor

does this document or anything contained herein, shall form a basis of any agreement

or commitment whatsoever.

ESIC Representatives, its employees and advisors make no representation or warranty

and shall incur no liability under any law, statute, rules or regulations as to the accuracy,

reliability or completeness of the RFP Document

Some of the activities listed to be carried out by ESIC subsequent to the receipt of the responses are indicative only. ESIC has the right to continue with these activities, modify the sequence of activities, add new activities or remove some of the activities, as dictated by the best interests of ESIC. The tender document consists of 3 parts: I) General Conditions II) Special Conditions III) Financial Bid Form

Page 6 of 51

PART – I General Conditions

1. Name of the Bid: Bid for Providing Managed Networking solutions using SDWAN Technology for ESIC Offices across India

2. The Bids should be submitted online in two parts, the ‘Technical Bid’ and the

‘Commercial Bid’ The Technical bid should be complete in all respects and contain all information asked for except prices. The TECHNICAL BID should include all items with complete specification as per the set up / solution proposed by the prospective bidders. The Technical bid should not contain any price information.

3. Earnest Money Deposit (EMD):

EMD for this tender shall be Rs 1 (One) Crore Only. The bidders can submit Earnest Money online or in the form of BG from a scheduled bank.

Proposals not accompanied with the EMD, shall be summarily rejected.

3.1 The Applicants can deposit Earnest Money Deposit (EMD) of Rs. 1,00,00,000/- (Rupees One Crore only) through NEFT/ECS/RTGS/CBS in Syndicate Bank, Indraprastha Estate Branch, New Delhi-110002, A/c No. 90172010131946, IFSC Code- SYNB0009017, MICR 110025021, Account Name- Employees’ State Insurance Corporation, payable before closure of Tender submission. After making the payment, Applicant must send an E-mail at [email protected] mentioning about the payment details such as UTR No., Company Name, User ID, payment towards ESIC, EMD, Tender ID and Tender Title. Failure to send remittance detail to the email id on or before closure of tender may lead to non-consideration of tender.

3.2 The EMD can also be paid as BG valid for 90 days from the bid

submission closure date. If ESIC requires, bidder has to extend the BG. The copy of BG has to be uploaded along with the technical bid and before the closing time of tender submission. Format for BG is enclosed at Annexure-10.1

3.3 The original BG will be submitted to Employees’ State Insurance

Corporation (ESIC),Ground Floor, Express Building, Bahadur Shah Zafar Marg, New Delhi 110002 on or before the bid submission time and date.

3.4 ESIC will refund the EMD to all the unsuccessful bidders after approval of

Technical Evaluation Committee Report. No interest shall be payable on the EMD amount.

3.5 EMD of successful bidder shall be returned only after it has accepted Work

Order and submitted performance security. 3.6 ESIC reserves the right to forfeit the EMD if the bidder fails or refuses to

accept the offer from ESIC for or fails to sign the Agreement within the stipulated period and/or refuses to accept any of the terms of the Agreement.

4. Performance Security: A performance security in the form of Bank Guarantee of 10

% (Ten percent) of the total Work Order value (inclusive of taxes) will have to be given by the successful bidder along with acceptance of Work Order. The Performance BG will be valid for period of contract plus six months. On receipt of this BG, the EMD amount will be refunded to the successful bidder.

5. Authorized Signatory:

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i. The Bid shall have to be submitted only under the active Digital Signature of the official representative of the bidder, duly authorized to bind the Bidder to the Contract.

ii. The Representative will have to upload the Letter of Authority (LOA) / the Power

of Attorney (POA) duly executed by the bidder mandatorily; otherwise the offer is liable to be considered null and void at any stage as per decision of ESIC. This LOA/POA shall empower the representative for all actions related to this bid as required from time to time. All actions by the representative in relation to this bid shall be binding on the Organization on behalf of whom the bid is submitted.

6. Caution: This is to be clarified that this is an e-tender and no document shall be considered offline/ physical hard Copies EXCEPT copy of EMD BG if EMD is submitted as BG.

7. Before uploading the tender documents for online bid, the authorized signatory ( o f f i c i a l r e p r e s e n t a t i v e ) of the Bidder is required to sign mandatorily on all the pages of the technical bid and financial bid as a token of acceptance of all the terms and conditions of the tender.

8. The Bid submitted by the Bidder, all correspondence and documents relating to the bid exchanged by the Bidder and ESIC shall be written in the English language. Any printed literature/ certificate/ any other document furnished by the Bidder could be in another language, provided they are accompanied by an accurate translation of the relevant passages in the English language, in which case, for purpose of interpretation of the Bid the English translation shall prevail. In the event of submission of any document/ certificate by the Bidder in a language other than English, the English translation of the same duly authenticated by Chamber of Commerce of bidder’s country shall be submitted by the bidder whenever demanded by ESIC.

9. The price quote figure / amount shall be quoted in the Financial Bid only and not in the Technical Bid.

10. The bid form which is to be filled by the bidder should be taken from the website https://esictenders.eproc.in/ and no attempt should be made for any changing or correcting it in any manner. It is clarified that only the conditions as appearing in the original bid form as downloaded from the above site will be treated as valid. If there are any changes/ corrections in the form, then it is liable to be considered invalid and bid rejected.

11. Interpretation and decision by ESIC on the terms and conditions of the tender will be final and binding.

12. All the conditions of the tender and the advertisement in the press (if advertisement is released in the press) will form a part of the agreement.

13. ESIC reserves the right to call for any clarification / papers required for scrutiny from anyone including the Bidder.ESIC is free to take any clarification or document or certificate from the associated banks and other agencies for scrutiny purpose or for deciding on the bid.

14. At any time before submission of Technical Bid, ESIC may, for any reason, whether at its own initiative or in response to a clarification request from a Bidder, carry out amendment(s) to the Bid document/ Bid process. All amendment(s) if any whatsoever till the last date of tender bid submission shall be made available, on the website https://esictenders.eproc.in/ and shall be binding on the bidders.

15. The bidders are requested to regularly visit the website: https://esictenders.eproc.in/ for any information. The final revised conditions, if

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any, as indicated in the corrigendum/ amendments/ clarifications/ extension/ changes regarding this tender as uploaded on the said website will be binding and may form a part of the WO/agreement.

16. The process:

a. The Technical bids shall be declared open as per the schedule given in the

“Important Dates/ Fact Sheet”. b. A Tender Opening Committee of ESIC, duly constituted by the Competent

Authority, shall open the bids online. c. The bid shall be opened in simultaneous online in the presence of the

intending bidders. d. The Financial Bid shall not be opened on the day of opening of Technical

Bids. e. After declaration of opening of the technical bids, evaluation of the

technical eligibility of the Bidders shall be carried out by the ESIC’s Technical Evaluation Committee (TEC). Thereafter, a Technical Evaluation Report shall be prepared which shall detail the qualified/ disqualified bidders. The decision regarding qualification/ disqualification of the Bidders shall rest with ESIC and shall be final and binding on the bidders.

f. Thereafter, the date of opening of the Financial Bid shall be intimated to the technically qualified bidders only. This would be informed through posting on the website https://esictenders.eproc.in/ . No separate intimation shall be sent. The bidders are advised to regularly visit the aforesaid website.

g. The Financial Bids shall thereafter be opened by a Tender Opening Committee of ESIC as per mechanism set in the e-tenders.

h. The Financial Bids shall be opened in simultaneous online presence of the bidders who have submitted their tenders.

i. It is clarified that the Financial Bids shall not be opened/ not be valid, of the Bidders who do not qualify in the Technical bids.

17. Delivery: The vendor / Service providers / suppliers shall provide all the services / configure the links within the timelines set in the Annexure – 6 from the date of Work order / LOI(letter of Intent) / signing of the SLA (whichever is the earliest). Hence time, quality and specified quantity are the essence of the order. Not adhering to the time schedule and quality and quantity shall lead ESIC to rescind the order and in which case there shall not be any claims for damages against ESIC by the vendor/ supplier/ agencies. However, while rescinding the Work Order, ESIC will forfeit the Performance BG.

18. Taxes (All Duty & taxes): The bids shall be compared inclusive of all

the applicable taxes, duty and any other outgoing payable to any authority.

19. Insurance:

i. The insurance for the work carried out up to the stage of handover or insurance for the goods to be supplied up to the stage of handover and the requisite insurance policy as required by law for the personnel involved in the services to be rendered would have to be necessarily be taken by the bidder. In addition to this, the bidder should take insurance for any liability towards Third Party. Merely by filling up of this tender, the bidder indemnifies ESIC of any liability, what so over, on the part of ESIC.

ii. The liability of the work carried out or the goods supplied shall remain with the bidder / bidder till such time ESIC takes possession of the work / goods in writing. The bidder / bidder shall be responsible for any loss/ damage before taking over by ESIC.

20. Safety Norms: The bidder hereby undertakes to follow all the safety norms as

specified in the law for the assignment awarded to him through this tender. The bidder, merely by filling up of this tender, indemnifies ESIC of any consequences due to non-adherence of the safety norms as prescribed by the law. It is also

Page 9 of 51

clarified that any order, whether verbal or written, given by any official / representative of ESIC, would not be valid if it is in contravention of any safety norms prescribed by law and the bidder is advised to follow the prescribed safety norms.

21. Agreement: A suitable agreement, if required, shall have to be entered into with ESIC, failing which the EMD as given may be forfeited or the work order would not be issued. If the terms and conditions of the agreement are not acceptable to the bidder, then ESIC reserves the right to reject their bid or forfeit the EMD. In the absence of any specific agreement, any offer made in response to this tender, when accepted by ESIC, will constitute a contract between ESIC and bidder.

22. ESIC reserves the right:

i) To accept in its sole and unfettered discretion any tender for whole or part

quantities/ part work.

ii) To place adhoc order simultaneously or at any time during the period of the contract.

iii) ESIC does not bind itself to accept the lowest or any tender to assign any reason for non-acceptance of the same.

23. Negotiation: Generally, no negotiations would be carried out. However, if deemed fit, negotiation may be carried out only with the lowest bidder.

24.Testing: ESIC reserves the right to get the material tested at the cost of the agency/bidder.

25. Samples: Wherever required, the bidders are advised to acquaint themselves with the samples and specifications before bidding to have more clarity. For this, they may contact the designated officer to whom the tender has to be submitted as per address given herein above. ESIC Reserves Right to inspect and audit such samples

26. Eligibility: The bidder should adhere to the eligibility criteria as specified in the tender. ESIC reserves the right to check their credentials with the organizations they have been associated with and if found incorrect, the tender is liable to be rejected. Even after award of contract if it is found that the bidder was not eligible and had suppressed any material facts then ESIC Reserves right to protect its interest and take suitable actions upon vendor. 27. The bidder can quote either directly itself or as a consortium including the SDWAN

technology partner.

27.1 In case bidder quotes directly itself, it has to submit SDWAN Manufacturer Authorisation

Form which should include that SDWAN Manufacturer explicitly authorize the bidder to quote for

their SDWAN technology against the ESIC tender and certifies that it will give complete back to

back technical support and warranty support to the bidder for the entire duration of the project

including extended period, if any.

27.2 In case Bidder quotes as part of consortium, It will submit an consortium agreement

explicitly including the following terms:

I. There will be a legally valid Consortium Agreement among the participating partners including the SDWAN technology provider for the purpose of participation in the ESIC SDWAN Tender.

II. The prime member of the consortium will submit the bid and the prime member of the Consortium as a whole shall meet the qualifying norms specified in the ESIC SDWAN tender.

III. The Consortium and its members shall be jointly and severally responsible and be held liable for the purpose of contractual obligations and any other matter as required under the ESIC SDWAN tender.

IV. Work Order(s) will be placed on the prime member of the Consortium.

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V. The SDWAN technology member of the Consortium, explicitly authorize the prime member to quote for their SDWAN technology against the ESIC tender and certifies that it will give complete back to back technical support and warranty support to the prime bidder during the project duration including extended period, if any. It will also ensure successful completion of the project.

VI. In case of any breach by the Prime Member, the other member of the Consortium agreement, undertakes to ensure full and effectual and successful implementation of the ESIC project and will carry out all the obligations and responsibilities under the said Consortium agreement.

VII. The Consortium agreement shall be irrevocable and shall continue to be enforceable till the ESIC discharges the same. It shall be effective from the date the prime bidder submits bid and for all purposes and intents.

VIII. In case of any dispute amongst the members of the Consortium, ESIC shall not be in any way liable and also the Consortium members shall not be absolved from the contractual obligation in any manner.

IX. Consortium will be governed by the Laws of India. 28. Availability of requisite permissions and licenses and compliance with the statutory provisions:

i. The bidder/bidder/contractor is required to follow all the statutory acts as may

be applicable for such type of work / supply / services for which they are bidding through this tender.

ii. The scope of work under the present tender may involve manpower for meeting

SLA. In case manpower is required, then the bidder merely by filling up of the tender confirms that the bidder has all the requisite permissions and licenses to carry out all the works as stipulated by this tender. Further, merely by filling up of the tenders, the bidder reconfirms that the bidder has complied with all the statutory provisions of the central, state, local and municipal laws in force including those for manpower particularly with reference qualification, competency, minimum wages, ESIC/EPFO contribution, etc. The bidder also confirms merely by filling up of the tenders, to comply with any future laws that may be enforced upon by the statute.

iii. Bidders which do not have requisite permissions / licenses or who do not

comply with the statutory provisions are requested to fill in the tenders only if they are eligible in this respect.

iv. Valid registrations viz., GST and with any other authorities as applicable as per

requirement should be available with the bidder at the time of bid submission and be produced as and when required.

v. Consequences of insufficient permissions / licenses or compliances on the part

of the bidder would be to the bidder’s account and the bidder merely by filling up of the tender indemnifies ESIC of any or all such consequences.

29. Blacklisting/Debarring: The bidder merely by filling up of the tender confirms that

the bidder has not been blacklisted / debarred by any government department / bidder, Reserve Bank of India, nationalized bank, or any Public Sector Unit or body. The bidder is advised not to fill in the tenders if they have been blacklisted or debarred by any of the government agencies. If found during execution of WO, the EMD/security deposit or any other amount pending with ESIC will be confiscated and WO cancelled.

30. False Information: In case if it is found that the bidder has not given the correct

information and flouted any condition, or the bidder does not have all the appropriate licenses and all the statutory permissions, whatsoever required, to carry out the activity as required in these tenders and allied works then ESIC reserves the rights to cancel the work order issued to him and award his quantum of work in the manner as deemed fit. This can be done at any stage. In such a

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situation, the EMD/security deposit/Performance Security/BG will be confiscated and WO cancelled.

31. Indemnity: Further, by submitting this bid, the bidder/ bidder indemnifies ESIC

for any of the consequences arising out of unavailability of any of the requisite permissions/ licenses / insurances / any other statutory permission whatsoever required for carrying out this work. Also by submitting this bid, the bidder/ bidder indemnifies ESIC for any of the consequences arising out of noncompliance of any of the conditions laid by the statute for bidders/agencies or their representatives/ officials in carrying out this work.

32. Claim for increase in rates: Any claim for increase in rates on account of any

reason whatsoever shall not be entertained for the period as stipulated in the WO/agreement.

33. Extension of contract: As stipulated by ESIC, after the period of expiry of contract

(3+1+1 years), the agreement can be extended on mutual consent for a further period of one year or up to the period till a new contract comes into force. However, this option can be exercised only by ESIC.

34. Readiness: The Bidder should ensure that the manpower/

machine/materials are procured well in time to ensure quality of work and adherence to the time period and the work/ supply/ service is not interrupted/ delayed irrespective of volume assigned.

35. Delay: (i) If the Bidder does not start the work or if it is felt at ESIC that the pace of

work is slow and is likely to delay the work/ service / commissioning, ESIC reserves the right to terminate the contract, levy the penalty of confiscating the security as per tender and also reserves the right apart from legal remedies available, to carry out such work / service / commissioning at the risk and cost of the contractor / bidder. Any delay in installing the SDN Devices and activating the SDWAN links as per the timelines mentioned in the Annexure- 6, for what so ever may be the reason (apart from the delay attributable to ESIC) will lead to the penalty as detailed in Annexure-9. However, if the bidders upon award of contract fail to start the work within a reasonable period of time, and if, in the opinion of ESIC, there arises a situation which cannot wait, then, ESIC may terminate the contract and suitably take recourse to preserve its business continuity. In such a situation, The EMD/ performance security of the bidder will be confiscated.

(ii) Maximum penalty clause is applicable with reference to works undertaken only. No amount shall be payable on those parts which are not executed by vendor for whatsoever reason, except for dependencies on ESIC. However, penalties applicable in such situations as per tender will be levied.

36. Right to reject the work/ services which is not as per specifications or terms: ESIC has right to reject the work/ services if they are not found to meet the specifications laid out or are not as per terms of the tender / work order. No charges will be paid for the defective work. ESIC reserves the right to reject the items of brand other than specified in the WO. This can be done at any stage of the work. Penalties applicable in such situations as per tender/WO will be levied.

37. Penalty: For non-availability of network services due to failure of any SDN device

penalty will be levied as per the details given in Annexure-8.

38. Termination of Contract: In case it is found that the work/ service/ supply is not as per requirement / standards, timelines, or the frequency of corrective measures required is high then ESIC retains the right to terminate the Contract with the selected bidder and in such case, the bidder will not be entitled to claim any damages from ESIC or make any claim for fees in respect of such unsatisfactory / substandard services / supply / work. Further, ESIC will forfeit Performance BG.

39. Both parties may terminate the contract after giving 3 months notice at any time. In

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either case, whomsoever may be the initiation, it would be responsibility of Vendor to co-operate and suitably undertake transition by successfully transfer of asset and management to ESIC or any its nominated representatives acting on its behalf. Business continuity would be sole criteria for determining successful transition and handing over. However, if the vendor goes for termination, penal action of confiscating EMD/ performance BG will be taken.

40. Volume/Quantity of work: Volume/Quantity of the work as detailed in Annexure-

5 is only indicative and the same may vary as per the requirement of ESIC. i. In any case payment will be due only for actual number of sites and

no payment would be applicable for sites not working and out of scope.

ii. For any interpretation of volume and quantity, interpretation of SLA, ESIC decision would be treated final and binding.

41. Confidentiality: The Bidder shall maintain strict confidentiality of all

the documents, information, data coming in possession of the Bidder as a result of awarding the contract and also any oral, written or other information disclosed for evaluation or for any other purposes shall be considered as confidential information passed on to the Bidder.

42. Usage of data / documents / information: Only if applicable to this tender,

the Bidder shall ensure that the documents , data, information, etc if imparted by ESIC or if come to the knowledge of the bidder, are / is not used or permitted to be used in any manner (directly or indirectly) incompatible or inconsistent with that authorized by ESIC in writing. The confidential information will be safeguarded, and the Bidder shall take all necessary actions to protect ESIC’s, its customers, and Government of India’s interest against misuse, loss, destruction, alterations or deletions thereof. Any violation of the same will be liable for action under the law which shall entitle ESIC to claim damages from the bidder apart from taking action under the appropriate Law. This is an irrevocable condition and it will continue to be in force even if the agreement of the bidder is terminated with ESIC.

43. Breach of clause: In the event of any breach or threatened breach of any

clause by the Bidder and /or individual assigned by the Bidder for the performance of the services, the Bidder shall be liable to pay damages as may be quantified by ESIC. Apart from the above, ESIC shall have the right to proceed against the Bidder and/or its assigned person/s under appropriate law.

44. Essence of contract: The Bidder shall carry out the work / provide the services/

complete the supply as per the specifications and standards laid out within the stipulated time. It is clarified that carrying out the work or providing services or supply of goods as per specified quality in specified quantity in specified time is the essence of the contract. Not adhering to above shall entail ESIC to rescind the contract and forfeit the security deposit and in which case, there shall not be any claims for damages against ESIC by the Bidder. Further ESIC shall have the right to get the unfinished services done/supply made, if any by virtue of the said revocation of the contract, through other sources and the expenses incurred thereof shall be borne by the Bidder in default. The Bidder shall also indemnify ESIC against any loss, damage, expenses, costs etc, incurred by ESIC as a result of the said delay in timely completion of the said services / jobs, by the Bidder.

45. Spirit of contract is to provide seamless network connectivity to ESIC Locations for

business continuity. Vendor is expected to comprehensively manage networking solution in this pursuit.

46. Jurisdiction: All matters pertaining to the present bid / tender / quote, shall be subject to the jurisdiction of the courts in Delhi only.

47. Submission of bills and terms & conditions of payment: The periodicity for

submitting the Invoices for items supplied and services rendered in a quarter and the Terms and conditions of payments are given in Annexure- 7.

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48. Inspection: Wherever required, ESIC reserves the right to depute its Officers,

Auditors, other officials as it may decide etc. to visit the office / commercial / manufacturing site/s of the selected bidder for checking their infrastructure, man power and other related documents mentioned and for checking stock records, quality controls, work processes without advance intimation and the bidder will have to provide the necessary documents etc to ESIC to help ESIC ensure presence of appropriate and adequate controls on various processes. Inspection will be done, if so decided by ESIC on periodic basis also.

49. Nomenclature: In the said tender, the bidder or the bidder or the vendor or

the contractor or the supplier or the service provider or the company have the same meaning with reference to the context. As also, reference to any gender covers both the genders and reference to singular also covers plural.

50. Corrections:

i. The Bidder must stamp and initial all pages and sign all forms at the end. The Bidder’s participation in the bid shall be deemed to imply unqualified acceptance of the Terms and Conditions.

ii. ESIC reserves the right to call for further information / documents/ break-up of

rates, taxes, etc. in respect of already submitted information/ documents as required for evaluation of the tender.

51. In the event the resultant L1 rate(s) obtained through this tender are perceived to

be substantially higher than the rates at which the goods or services were being procured on the earlier tender then, ESIC reserves the right to:

a) Negotiate with the L1 bidder for getting reasonable quote.

b) If L1 bidder agrees to do so, the work order will be placed to him. If not, this tender would be cancelled and refloated.

c) The idea is to obtain the most competitive and beneficial rates for ESIC.

d) The decision of the Tender Evaluation and Awards Committee of ESIC shall be final in this case.

52. Performance Bank Guarantee 1. Vendors shall be required to submit Performance Security as irrevocable Bank

Guarantee for an amount equal to 10% of Work Order value, from a scheduled bank located in India, along with the acceptance of the Work Order. The format of performance bank guarantee is provided in Annexure 10.2

2. Performance Bank Guarantee should remain valid for a period of 6(Six) Months

beyond the date of completion of all contractual obligations of the supplier including warranty /provision for services obligations.

3. The Performance Guarantee shall contain a claim period of 6(Six) Months from the last date of validity. The selected vendor shall be responsible for extending the validity date and claim period of the Performance Guarantee as and when it is due on account of non completion of the project and Warranty/ services period. In case the selected vendor fails to submit performance guarantee within the time stipulated, ESIC at its discretion may cancel the order placed on the selected vendor without giving any notice. ESIC shall invoke the performance guarantee in case the selected Vendor fails to discharge their contractual obligations during the period or ESIC incurs any loss due to Vendor’s negligence in carrying out the project implementation as per the agreed terms & conditions.

53. As per CVC Circular No.03/01/12 dated 13.1.2012:

a. In a tender, either the Indian Agent on behalf of the OEM or the OEM itself

can bid but both cannot bid simultaneously for the same item/product in the same

tender.

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b. If an agent submits bid on behalf of any OEM, the same agent shall not submit

bid on behalf of another OEM.

54. In the event the selected company or the concerned division of the company being

taken over /bought over by another company, all the obligations and execution

responsibilities under the agreement with the ESIC, should be passed on for

compliance by the new company in the negotiation for their transfer.

55. All bidders/selected bidder agree with ESIC for honouring all aspects of fair trade

practices in executing the work orders placed by ESIC.

56. If the name of the product is changed for describing substantially the same in a

renamed form; then all techno-fiscal benefits agreed with respect to the original product,

shall be passed on to ESIC and the obligations with ESIC taken by the Vendor with

respect to the product with the old name shall be passed on along with the product so

renamed.

57. The award of bid under this tender is not assignable by the selected vendor. The

selected bidder shall not assign its contractual authority to any other third party. The

vendor should not assign or sublet the work order or any part of it to any other bidder in

any other form than defined in this tender. If found doing so, it will result in termination

of Work Order and forfeiture of Security Deposit.

58. In case the selected vendor is found in breach of any condition(s) of tender or

supply order, at any stage during the course of supply / installation or warranty period,

the legal action as per rules/laws, shall be initiated against the vendor and

EMD/Security Deposits /performance security shall be forfeited, besides being liable to

be debarred for a period of three years, for further dealings with ESIC.

59. Bidding Cost

The bidder shall bear all costs associated with the preparation and submission of their

bids. ESIC will, in no case, be responsible or liable for those costs, regardless of the

outcome of the tendering process.

60. Force Majeure

If at any time, during the execution of the WO, the performance in whole or in part by

either party of any obligation under the WO is prevented or delayed by reasons beyond

the control of a party such as war, hostility, acts of public enemy, civil commotion,

sabotage, fires, floods, explosions, epidemics quarantine restrictions, strikes, natural

calamities, lockouts, acts of state or acts of God (hereinafter referred to as "events"),

provided notice of happenings of any such event is duly endorsed by the appropriate

authorities/chamber of commerce in the country of the party giving notice, is given by

party seeking concession to the other as soon as practicable, but within 21 days from

the date of occurrence and termination thereof, neither party shall, by reason of such

event, be entitled to terminate the WO nor shall either party have any claim for damages

against the other in respect of such non performance or delay in performance, and

deliveries under the WO shall be resumed as soon as practicable after such event has

come to an end or ceased to exist, provided further, that if the performance in whole or

in part or any obligation under the WO is prevented or delayed by reason of any such

event for a period exceeding 60 days, ESIC may at its option, terminate the WO.

Neither Party shall be liable for any failure or delay in the performance of its obligations

under the contract or Work Orders hereunder to the extent such failure or delay or both

is caused, directly, without fault by such Party, by reason of such event. ESIC shall

however, be responsible to pay the selected vendor for the services successfully

rendered to the satisfaction of ESIC/user department under the work orders/ purchase

orders issued pursuant to the contract.

61. Dispute Resolution

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The Bidder and ESIC shall endeavour their best to amicably settle, by direct negotiation,

all disputes arising out of or in connection with the WO. In case any dispute between

the Parties, does not settle by negotiation, the same may be resolved exclusively by

arbitration and such dispute may be submitted by either party for arbitration. Arbitration

shall be held in New Delhi and conducted in accordance with the provisions of

Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment

thereof. Each Party to the dispute shall appoint one arbitrator each and the third to be

appointed by the Department of Information Technology, Government of India.

The “Arbitration Notice” should accurately set out the disputes between the parties, the

intention of the aggrieved party to refer such disputes to arbitration as provided herein,

the name of the person it seeks to appoint as an arbitrator with a request to the other

party to appoint its arbitrator within 45 days from receipt of the notice. All notices by one

party to the other in connection with the arbitration shall be in writing and be made as

provided in this tender document.

Each Party shall bear the cost of preparing and presenting its case, and the cost of

arbitration, including fees and expenses of the arbitrators, shall be shared equally by the

Parties unless the award otherwise provides. The Bidder shall not be entitled to

suspend the Service/s or the completion of the job, pending resolution of any dispute

between the Parties and shall continue to render the Service/s in accordance with the

provisions of the Contract/Agreement/WO notwithstanding the existence of any dispute

between the Parties or the subsistence of any arbitration or other proceedings.

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PART II

SPECIAL CONDITIONS

A. Scope of Work:

I. ESIC invites technically complete and commercially competitive online bids from reputed Service Providers for providing managed SDWAN Technology/Solution services with SDWAN Network devices for ESIC offices across India. The solution should have operational simplicity and ease, application aware networking, robust and secure infrastructure and reduce TCO (Total Cost of Ownership) of WAN Infrastructure. The proposed solution should be able to create VPN Tunnels in between Edge devices and the DC and DR so that the web applications of ESIC, Web conferencing etc can use the channel to offer services to the beneficiaries of ESIC and also for the Day to Day office tasks.

II. This invitation of Bid is open to all OEMs/Firms/Company having presence in India to fulfil the minimum qualification criteria as mentioned in bid document. The main purpose of this RFP is to appoint Service Provider for providing SDWAN Technology Services to ESIC.

III. The expected SDWAN architecture with proposed connectivity diagram is also given in Annexure-1.

IV. The Current overall Network Setup is also given in Annexure -1.

V. The Service provider will have to supply, Install, test and commission the SDWAN Network devices at approximately 2200 locations at ESIC offices across country with Network devices as per the delivery schedule in Annexure-6 and also provide Operation & Maintenance Services of all the devices for a period of 3 (Three) years extendable up to 1+1 years at the same rates and terms and conditions. The number of locations may increase over the time. The solution/technology services will be required to be further extended to increased number of ESIC offices across country with the same rates and terms and conditions in phased manner.

VI. In all the office locations of ESIC, SDWAN vendor has to provide SDWAN devices to provide a secure, stable, redundant connectivity over the multiple shared or dedicated internet and MPLS links. Service provider also needs to provide & install Unmanageable switches (12 port) and patch chords at some locations estimated as about 150 numbers. Payment for the Unmanageable switches (12 port) will be paid by ESIC as per finalized rates. The patch chords as required will be provided by the vendor. The details of required configuration of SDWAN device which will be installed at ESIC offices and SDWAN devices which will be installed at Both the Data Centre (DC and DR) with redundancy is given in Annexure-1. The ESIC Office details are given in Annexure- 5.

VII. Bidder will supply, Install, test and Commission the SDWAN solution with required devices at all locations of ESIC as given in Annexure- 5 and as per the time schedule in Annexure – 6.

VIII. The bidder will have to provide managed end-to-end SDWAN services to ESIC as a part of deliverables at ESIC field locations across India. The charges should be inclusive of monitoring, troubleshooting and maintaining them.

IX. The bidder should be capable for providing application performance

management.

X. In case of failure of the primary SDWAN services at DC, the connectivity should be continued to the DR site.

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XI. At all the ESIC offices, ESIC will provide any combination of two or more Internet/MPLS/3G/4G connections from different service providers. The connection (shared/dedicated) at branch office may be varying from 8 Mbps to 100 Mbps. The SDWAN device and switch provided at ESIC offices should have the capacity to handle the data traffic.

XII. Service provider shall install the Network hardware i.e. SDN Box and any other

network equipment required at ESIC offices along with the SDWAN Technology and will configure the network devices within the given delivery and installation time period.

XIII. As per the Service agreement all equipment’s & Software will be under warranty &

upgraded during the period of service delivery. In the event of extending the support for 1+1 year, same terms and conditions will be applicable.

XIV. Service provider will be responsible for delivery, installation and commissioning of

the Network/SDWAN equipment’s ordered at specified ESIC offices and for making them fully operational at no additional cost. ESIC reserves the right to make changes to the list of locations and same should be accepted by the service provider.

XV. At present Data Centre of ESIC is located at Delhi and Data Recovery Centre

is located at Hyderabad. The rack space at Data Centre will be provided by ESIC in existing racks of ESIC at Data Centre in Delhi and Data Recovery Centre in Hyderabad for keeping the SDN equipment’s. Service provider has to ensure that all the equipments required/installed at Data Centre and Data Recovery Centre are having dual power supply facility and will provide all the other associated network equipments/accessories like Power Cables, modems etc.

XVI. In case of any ESIC DC/DR will be shifted to another location, Service Provider has to shift all the Network Equipment’s(SDN Box and Network Switch (if any)) to new location and commission the services within the specified timelines. ESIC will pay any charges to the service provider on a mutually agreed terms & Conditions.

XVII. Service Provider shall maintain and follow the industry standards in developing, upgrading and managing the SDWAN Network that is implemented at Data Centre, Data Recovery Centre and all the offices of ESIC. QOS also to be maintained as per the Industry

XVIII. Service Provider shall fix all bugs / errors / deficiencies in SDWAN Network services/Network devices provided by Service Provider giving high priority.

XIX. Service Provider shall submit detailed plan / schedule for all the activities and shall try their best to adhere to it.

XX. This RFP should be treated as invitation for proposal for offers as stated in Commercial Form as in Part-III. Hence the bidders should offer their quotations accordingly.

XXI. The cost should involve the cost of supply, installation, testing and commissioning, up gradation of the, equipment, Software, SDN Box and any other cost in regards with the scope of the work.

XXII. The bidder will have to develop a project implementation plan indicating milestones and deliverables to ESIC. This plan should be closely monitored for the delay and the achievements for the deliverables and any corrective action to be taken if required. The bidder will also have to submit and maintain the

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detailed network diagrams and documents with the detailed configuration, which would be ESIC property.

XXIII. The Bidder should be an authorized partner with the highest partnership level of the OEM for supply, installation and support for the SDN Box/Device as per the terms mentioned in Annexures- 3 & 4.

XXIV. The Bidder should provide proof of Back-to-Back support agreement with OEM(s) for the proposed SDN Box.

XXV. The proposed solution is to be erected and sustained for the minimum period of 3 years extendable to 1+1 years on same rates and terms & conditions.

XXVI. The bidder to provide support manpower deployment plan to ensure immediate response and faster complaint resolution. The bidder should also provide the onsite support if required within the specified timelines as given in Annexure – 8.

XXVII. Bidder should have PAN India support and give services to ESIC offices located across the country.

XXVIII. It is mandatory to provide the details in the exact formats given in the tender. The relevant product information, brand and model number offered, printed product brochure, technical specification sheets etc. should be submitted along with the technical bid.

XXIX. Bidder is requested to provide list of service centres, technical manpower there, arrangement for repair or replacement of SDWAN device for providing SLA, etc.

XXX. Service Response time line:

The Service Provider should clearly mention the following support terms:

a. In case of connectivity failure due to SDWAN hardware or software (maintained by the SDWAN vendor) failure the penalty will be charged as per the penalty calculations given under point d.

b. In case of WAN links failure, the SLA provided by the respective service provider will be applicable. The SDWAN equipment availability at the Spoke/HUB location is calculated on the assumption that the WAN links are available and connected and there is no failure or degradation in the hardware and software.

c. Uptime will be calculated as per the formula below.

Uptime = {1- [(System Downtime) / (Total Time – Planned Maintenance

Time)]} * 100

(System downtime will be the cumulative downtime of the individual links)

d. Calculation of Uptime/Downtime For the purpose of calculation of Uptime/Down time the working hours of respective location types will be taken into account. For administrative purpose the Working Hours are as below:

i. 0:00 Hrs. to 24:00 Hrs. in DC & DR ( 24x7x365 )

ii. 07:30 Hrs. to 19:30 Hrs. in Dispensaries iii. 0:00 Hrs. to 24:00 Hrs. in Hospitals ( 24x7x365 ) iv. 09:00 Hrs. to 21:00 Hrs. in other ESIC offices

e. Penalty Calculation

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i. Penalty will be calculated on Quarterly basis

ii. Penalty Table

iii. Up time Table for Penalty Calculation.

Average Uptime

(AU) Penalty in % of the Total Amount Due

<90 20 % >=90<93 15 % >=93<97 10 % >=97<99 5 % =>99% 0 %

Total Amount = {(Total Equipment cost/36)*3} + Operation & management cost of the said

Quarter).

iv. - Schedule for Complaint Resolution.

Location category Maximum

Resolution

Period

Type A 24 Hrs

Type B 4 Hrs

Type C -(DC & DR) 30 Minutes

v- Example/Formula for Penalty calculation.

Uptime will be calculated per quarter and by accumulating uptime on the basis of all complaints

of all sites as per the calculation examples given in the foregoing paras.

-Uptime will be calculated per location and also on account for DC & DR separately.

-Penalty will be calculated based on the uptime table and resolution period will only be used to

calculate the total downtime.

-Time difference between actual resolution time and required resolution time will be calculated

as double, where resolution time is higher than the required resolution time.

-All times are working Hrs for that location

For Type A Locations.

Total days in a quarter: 90 days

Type A location working hrs per day: 12Hrs

Total working hrs for the Quarter: 90 x 12 = 1080 Hrs.

Scene-I where complaint is resolved within the defined resolution time.

If the link is down two times with below details.

Date-A -- 12 Hrs downtime (Resolution time is less than 24Hrs )

Date-B -- 18 Hrs downtime (Resolution time is less than 24 Hrs)

Total Downtime --- 12+18=30 Hrs

The up time will be calculated as (1080 - 30)/1080 *100 = 97.2 %

Penalty will be 5 %.

Scene-I where complaint is resolved by taking time more than the defined resolution

time.

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Date-A -- 50 Hrs (Resolution time is greater than 24 Hrs , So penalty hrs will be calculated as

{24 + 2*(50-24)} = 76 Hrs)

Date-B -- 78 Hrs downtime ( Resolution time is greater than 24 Hrs , So penalty hrs will be

calculated as {24 + 2*(78-24)} = 132 Hrs )

Total Downtime will be 76+132= 208 Hrs.

The up time will be calculated as (1080 - 208)/1080 *100 = 80.74 %

Penalty will be 20 %.

Penalty Calculation for Type B Locations will be done in as done for Type A Locations.

Complaint for DC/DR

If the DC/DR SDWAN controller or software is down for 10 Mins (i.e less than resolution time).

10 Mins will be calculated in the downtime of each site in addition to their downtime otherwise at

that time.

If the DC/DR SDWAN controller or software is down for 63 Mins i.e more than the resolution

time.

Down Time= 30+2(63-30)=96 minutes.

96 Minutes will be calculated in the downtime of each site in addition to their downtime

otherwise at that time.

The penalty for all quarters and for Type A, B & C will be calculated as per above

examples/formulas.

* TA, Total Amount = {(Equipment cost/36)*3} + Operation & management cost of the said Quarter)

f. Down time due to the following situations will not be considered for the purpose of penalty calculation for downtime:

i. Due to power failure or CPE (Customer Premises Equipments) switch issue at the respective locations.

ii. Scheduled maintenance by ESIC.

iii. Any unavoidable Natural calamity.

Rest all the down time will be calculated as the Service provider’s down

time.

g. An online portal (NMS) with proper authentication should be provided to ESIC designated person for monitoring of all the links for their utilization and uptime which should be accessible from the Internet and also from the Backhaul SDWAN Technology. Some of the silent features for the NMS are given below :

i. It should be possible to manage the complete network from a single point using the Network Monitoring Software.

ii. It should be possible to share NMS information with other locations, to facilitate local efforts in monitoring and maintenance.

iii. Management Dashboard/Controller should provide the statistics regarding resource utilization and faults in the network.

iv. NMS should give details such as bytes sent and bytes received by each location.

v. NMS should be able to store statistical information for the whole month for traffic through LAN and WAN ports and print this information in the

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form of visual graphs, reports. It should be able to show a cumulative picture over a period of a week or more. These statistics should also be available in readable form.

vi. NMS should be able to accept traps, alarms or notifications from other devices and display an appropriate message on the NMS console. The NMS should offer tabular information giving percentage uptimes of individual links on monthly basis. In the event of any third party raising claim or bringing action against the ESIC including but not limited to action for injunction in connection with any rights affecting the connectivity / services provided by the Bidder covered under the Purchase Order or the use thereof, the Bidder agrees and undertakes:

a. To defend and / or to assist the ESIC in defending at the Bidder’s cost

against such third party’s claim and / or actions and against any law

suits of any kind initiated against the ESIC.

b. To indemnify, keep indemnified and hold harmless the ESIC against all

actions, claims, demands, costs, charges and expenses arising from or

incurred by reason of any infringement of patent, trade mark, registered

design, copy rights and/ or intellectual property right of any third party or

parties in connection with use of the solution provided by the Bidder

whether or not the ESIC is held liable by any court judgment.

XXXI. General Instructions for Technical Bid: In the Technical Bids authorization certificates / documents are required. If bidder fails to provide any of the relevant document / certificate on demand they would be technically disqualified.

a. The Bidder must stamp and initial all pages and all forms at the end of this document. The Bidder’s signature on the bid shall be deemed to imply unqualified acceptance of the General Terms and Conditions.

b. The bidder shall provide the services (as in the scope of work) for minimum of 3 years and it may be extended further by 1+1 years with mutual agreement where ESIC’s decision would be the final.

c. The bidder has to support for both Hardware and software related problem during the period of contract after implementation.

d. The vendor shall warrant that all goods supplied under the contract are the most recent or current models and shall incorporate all latest improvements in design and materials. Undertaking Certificate will be attached for reference. The vendor shall further warrant that the goods supplied under the contract shall have no defect arising out of faulty design, inadequate and / or inferior materials or workmanship or from any act of omission of the vendor, when used under normal use of the supplied goods in the conditions prevalent in India.

e. The vendor shall be responsible for delivery, installation, testing and commissioning of the equipment offices and for making them fully operational in ESIC Offices at no additional charges.

f. 80% of 70% of total cost (including Taxes) of the Work Order will be released on delivery. 20% of 70% of total cost of the Work Order will be released after complete and satisfactory installation/ commissioning of the SDWAN device. However, delivery and installation/commissioning period remains 90 days. For O & M, quarterly payments will be made only in arrears after deducting the penalty (if any). These payment terms will not be changed. The vendors are required to quote on these payment terms only. The Bidder should specifically note that no advance payment will be made.

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g. All equipments should be checked before and after connecting to ESIC network, which should be bidder’s responsibility.

h. In the event of likely termination of production of spare parts / consumables, the bidder should stock up such parts / consumables.

i. Escalation matrix for call logging, technical and commercial support should be provided.

XXXII. Eligibility Criteria: The bidder should submit the following required scanned copies of Certificate/ Documents/ Information;

i. The Bidder must have been in existence for last Five years. The certificate of incorporation to be submitted. This Certificate shall be submitted online along with the Technical bid

ii. The Bidder should be into the Network Integration, Supply, Services and

Support business for at least past five consecutive years. This Self Declaration Letter shall be submitted online along with the Technical bid

iii. Company Turnover should be of minimum Rs. 100 Crore in each of the last 3

financial years i.e. 2015-16, 2016-2017 and 2017-18. This must be the individual company turnover and not that of any group of companies – The necessary supporting documents like profit and loss Account & Balance Sheet , to this effect should be submitted online along with the Technical bid

iv. Company GSTIN Registration Certificate. This Certificate shall be submitted online along with the Technical bid.

v. The Bidder should not be blacklisted by any government organization in India. A Self- Declaration Certificate should be enclosed. The self declaration letter (Format given as Annexure- 4) shall be submitted online along with the Technical bid

vi. The Client Satisfaction Certificates from minimum 2 clients shall be submitted online along with the Technical bid. The certificate should be relating to implementation/Management of WAN/Network Management

vii. Service Providers should submit the details about the technical design and architecture, redundancy features, monitoring, reporting and manageability features and QOS offered etc. All the detail in the documented form shall be submitted online along with the Technical bid

viii. The bidder should submit the details about how on-line interface will be provided to ESIC for monitoring of services. All the detail in the documented form shall be submitted online along with the Technical bid

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“TechnicalBid”

Senders name & address:

_________________________

_______________________

Dated: _________________

Additional Commissioner (ICT), ESIC Hqrs. Extesion office, Express Building BSZ Marg Ground Floor New Delhi-110002

Sir,

Technical Bid for Providing managed SDWAN Technology with Network devices for ESIC Branch Network across India

I/We refer to the e-tender released by ESIC in the ESIC e-tender portal on _____________ and I/We/ the undersigned am/are submitting this online Bid for providing managed SDWAN Technology services with Network devices for ESIC Branch Network across India, the above mentioned requirement on the terms and conditions as mentioned in the online document as available on the website: https://esictenders.eproc.in/ I / We are an OEM / OEM Authorized Channel Partner / Solution provider “M/s____________________ whom I / We represent. The authority letter/ Power of Attorney from the bidder, I/ We represent is submitted attached. The detail of the bidder and checklist for submission of bid is as under:

Sl.No.

Description Details(asapplicabl

e)

1 Name of Company/ Bidder

2 Address of Registered Office /Head Office

Locations of Branch/Support Offices

3 Contact Details:

(a) Name and Designation of the Administrative contact

person.

(b) Telephone no. with STD code

(c) Mobile No.

(d) Fax No.

(e) e-mail

(f)Name and Designation of the Technical contact person.

(g) Telephone no. with STD code

(h) Mobile No.

(i) Fax No.

(j) e-mail

Website of the Company

4 Name of the Technology Partner

5 Address of Registered Office /Head Office

6 Contact Details:

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(a) Name and Designation of the Administrative contact person.

(b) Telephone no. with STD code

(c) Mobile No.

(e) e-mail

(f)Name and Designation of the Technical contact person.

(g) Telephone no. with STD code

(h) Mobile No.

(j) e-mail

Website of the Technology Partner

7 Prime Bidder PAN No. (Upload copy)

5 Type of the bidder: A) A private business entity, limited company or limited liability partnership or partnership etc. B) Public Sector Undertaking (Indian Government or State Government Company). C) Consortium of companies including SDWAN Technology Provider.

6 Prime Bidder Date of Establishment and Certificate of Incorporation / Shop Establishment Certificate. (Submit the Certificate as Online Document Document Document)

7 Technology Partner Date of Establishment and Certificate of Incorporation / Shop Establishment Certificate. (Submit the Certificate as Online Document

8.1 Consortium with Technology Partner

7 Bidder Turnover (should be more than Rs.100 Crore during each year). The Bidder should not have suffered any financial loss for more than one year during the three years. (Rs. Crores) a) FY 2015-16 b) FY 2016-17 c) FY 2017-18 (Provide a copy of Annual Report containing profit And loss

Acc , Balance Sheet) (Submit the Certificate as Online Document)

Turnover Profit

8 Bidder GST Registration Certificate (Submit the Certificate as Online Document)

9 Technical Solution (As per the specification provided in Annexure 1) Bidders are required to provide a solution document. It should also include plan for deployment of technical manpower with reference to various ESIC sites for achieving SLA.

10 The duly filled Annexure- 3 with all supportive documents for the bidder. (Submit the given Annexure- 3 as Online Document)

11 Bidder quoting itself only. (Submit Manufactures Authorization Form on line as per tender condition No. 27.1)

11 Consortium of companies including SDWAN Technology Provider (Submit the consortium agreement as Online Document as detailed in tender condition No. 27.2)

12 Affidavit by bidder that, the bidder has not been blacklisted / debarred by any government organization or any regulatory authority in India.

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13 Letter of Acceptance of all terms and conditions (Submit the Letter as Online Document& Format attached as Per Attached Format)

14 Copy of an ISO Certificate (Submit the Certificate as Online Document)

15 Escalation Matrix for Call Logging (Submit the Escalation Matrix as Online Document)

16 Any other relevant documents required for Technical evaluation (Submit the relevant documents online only)

17 Financial Bid Form (Submit the signed and stamped bid document online) as per PART III (Annexure “A”)

18 All Certificates / Letters / Forms supporting the eligibility

criteria mentioned in PART II – SPECIAL CONDITIONS,

(Submit Certificates / Letter / Forms as Online Document)

19 Give details of projects implemented in SDWAN supply and

implementation in India or abroad by the

(I). by the bidder.

(II). by the SDWAN Technology Provider (OEM).

(III). by the bidder and SDWAN Technology Provider (OEM)

together.

20 Satisfactory Certificates from minimum 2 clients with complete

contact details to whom the bidder has provided WAN

services in the country which should be operational and

should be working successfully at present. Give detail of the

projects such as number of nodes, period for which service is

being provided, etc.

(Submit the documents online)

20 Service Provider should provide detail for providing remote

support on 24 x 7basis.

(Submit detail online)

21 Detail for providing PAN India support and services to ESIC offices located across the country. (Submit detail online)

22 Upload the Compliance Statement ref. to Annexure 11.

Offline Documents- NO Document would be required to be submitted offline.

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Annexure-1 SDWAN Architecture with Proposed Connectivity Diagram

Current Network Diagram

Expected Network Diagram using SDWAN Technology

SD-WAN

Location Types:

Location Type

Details

Type A ESIC Offices such as Dispensaries, BO offices etc.

Type B ESIC Offices such as Hospitals, Dispensaries, offices, RO etc

Type C DC & DR.

Expected list of Equipment at:

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Router (Hub Site Router)

Type A Edge Locations

EQUIPMENT Quantity Specification SD-WAN Box (Site Router)

01 (One) As Specified in the Specs table below

12 Port unmanageable LAN Switch

01 (One) Any reputed Brand

Ethernet Patch Cord (As per actual)

As required Any reputed Brand

Type B Edge Locations

Type C Locations (DC & DR) EQUIPMENT Quantity Specification

Software Defined Network Controller

(Network Controller)

As per the Vendor SDWAN Requirements

As Specified in the table below

the Vendor SDWAN Requirements

EQUIPMENT Quantity Specification

SD-WAN Box (Site

Router) in High

Availability Mode

02 (two) As Specified in the table ___ below

Network Management Software

As per the Vendor SDWAN Requirements

VMs or Hardware servers for Installation

As per the Vendor SDWAN Requirements

Table: 01 Specifications for the SDWAN and network Equipment’s and Software

1. Software Defined Network Controller (Network Controller)

The network controller should realize a software-defined wide area

network that connects all the branch locations (sites) to the centralized

hub (data center). The controller centralizes the network control plane

and should be responsible for computing the path optimization decisions.

The controller should centrally program the SD-WAN router deployed at

the branch locations or sites. The network controller should enable the

configuration of various types of policies such as the forwarding policy,

QoS policies and other configuration centrally on the SD-WAN Router.

i. The network controller should be deployed in a data center as an physical/virtual server or as a set of physical/virtual server.

ii. It should be possible to deploy the network controller in a high availability mode in with two instances of the controller deployed across geographic locations

iii. All policy and security rule configurations are to be done at the network controller device

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iv. The network controller should horizontally scale to support a larger number of branch locations

v. The network controller should be deployed in a highly available configuration to ensure 99.99% uptime and redundancy

vi. The network controller instance or set of instances should support a minimum of 3000 branch locations (High availability may be provided in N+1 mode for network Controller in DC as well as DR.).

vii. The network controller should be able to segment the network with IP Subnets spanning across locations

viii. The network controller should be able to attach each local area network IP segment to a different network segment or by creating multiple virtual private networks

2. i. SD-WAN Router (ESIC Office Site Router)

ii. The SD-WAN Router deployed at the branch office location should support the following:

iii. The SD-WAN Branch site router should support for a minimum of four 10/100/1000 Ethernet interfaces for WAN/LAN link.

iv. The SD-WAN Branch site router should support for a minimum of one 10/100/1000 Ethernet interface for terminating the LAN connection

v. The SD-WAN Branch site router should at least have one serial interface for WAN link termination. Although, ESIC requires serial port, if it is not possible, vendor may provide external converter.

vi. The SD-WAN branch router should have a locally accessible graphical user interface to add or change the static configuration parameters like the static IP Address of the WAN link terminated on it.

vii. The SD-WAN branch router should allow termination of at least two WAN links

viii. The SD-WAN router should allow for termination of MPLS, Internet leased Line, Point to Point circuit, wired broadband (ADSL/DSL based/cable) and wireless broadband 3G/4G/LTE as WAN links

ix. The SD-WAN branch router should be able to terminate a MPLS circuit and act as a customer edge router for a provider edge router deployed by the service provider serving the MPLS circuit

x. The SD-WAN branch router deployment should be plug and play. The SD-WAN branch router should support global zero touch provisioning of the device at branch locations.

xi. The SD-WAN branch router should be configurable only from the centralized network controller and the access at site should be restricted. The scope of work for the personnel at the branch office should be restricted to making physical connections and cabling.

xii. The SD-WAN branch router should be deployable as a stand alone appliance at the branch location

xiii. The SD-WAN branch router should be deployable in a high availability (in Type B Locations) deployment supporting both active+active and active+passive(stand-by) configuration

xiv. The SD-WAN branch router should support up to 100Mbps of encrypted traffic throughput.

xv. The SD-WAN router software should have a clear separation

Page 29 of 51

of the control plane and data plane elements. xvi. The control plane components should continue to function with

the SD-WAN branch router continuing to accessible to the centralized network controller as long as one of the WAN links is available in spite of software failures of the other services components in the SD-WAN router software

xvii. The SD-WAN branch router should be able to peer with an existing branch router using BGP or OSPF protocol to discover the LAN side subnets configured at the branch location

xviii. It should be possible to configure the LAN side subnets at a branch location centrally from the Network Controller

xix. In case of loss on connectivity with the Network Controller, the SD-WAN Router should continue to use the existing policy to forward the traffic. The data plane should not be affected with the loss of connectivity with the controller

xx. SD-WAN Branch router should support at least 500 concurrent sessions

3. SD-WAN Router (Hub Site Router)

The SD-WAN Router deployed at the Hub Location / Private Data Centre

location should support the following:

i. The SD-WAN Router should be deployable in a data centre as an physical/virtual server or as a set of physical/virtual server.

ii. The SD-WAN Router should be deployable in a data centre as a set of software virtual appliances in the data centre.

iii. The SD-WAN Router should be deployable in a data centre as a set of virtual machines in a virtualized data centre running ESXi hypervisor

iv. The SD-WAN Router physical appliance should support at least 6 x 1GbE Ethernet ports

v. The SD-WAN Router should be deployable in a high availability configuration with an active+active configuration of two or more appliances or an active+passive(stand-by) configuration of two or more appliances

vi. The SD-WAN Router should be able to peer with an existing router using BGP or OSPF to discover the LAN segments configured at the data center

vii. The SD-WAN Router should be able to interface with a Next Generation Firewall configured at the Data Center

viii. In case of loss on connectivity with the Network Controller, the SD-WAN Router should continue to use the existing policy to forward the traffic. The data plane should not be affected with the loss of connectivity with the controller

Virtual Private Network

4. Path based Virtual Private Network

I. The Virtual Private Network should be modelled as a path rather than as a network interface

II. VPN configuration should not change with change in WAN transport

III. SD-WAN router should not use classical router protocols to forward packets on the WAN. The solution should be a pure SDN implementation

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IV. VPN should support any kind of WAN transport as an underlay V. VPN configuration should not require availability of public IP

Addresses for the WAN interfaces at the Branch locations VI. Multiple types of virtual private network topologies like Full Mesh,

Hub and Spoke and Partial Mesh topology should be supported VII. The system should allow creation of regional hubs with the data

center being the central hub VIII. The use of encryption should not limit the performance or

availability of remote site applications and should be transparent to end users

Quality of Service

5. Quality of Service Policies

I. The solution at least support four different classes of the service:

A. 1. High

B. 2. Medium

C. 3. Low

II. The solution supports QoS schedulers that can be associated with

the egress ports

III. The solution should support traffic rate limiters and policer

6. URL Filtering

I. The system should allow URL whitelisting and blacklisting

II. This should be centrally configurable at the network segment level

(VPN), group of branch locations level and a branch office level.

WAN Link & Network Analytics

7. WAN Link Monitoring

I. The network controller should monitor all SD-WAN routers, WAN links connected to these SD-WAN routers and network segments (VPN)

8 Network Monitoring

I. The solution must store historical traffic and performance information to assist with troubleshooting and analysis, traffic forecasting and SLA compliance

II. The solution must support device health monitoring for all the SD-WAN routers in the network

9. Events & Alerts

I. The solution must support events and email based alarm to notify the administrators when any device/link fault or network performance degradation happens.

II. The network controller should allow alerting via SMS or Email for the events generated on the SD-WAN router

III. The thresholds should be configurable per location /per SD-WAN Router.

IV. The alerts should be received for all WAN performance related events (like change in link characteristic, bandwidth, congestion)

V. The configuration should be done centrally and for the entire WAN network.

Page 31 of 51

Annexure - 2

Affidavit to be submitted by Bidder

Date: - To, The Additional Commissioner (ICT) Employees State Insurance Corporation Annexe Building Express Building, Bahadur Shah Zafar Marg, New Delhi - 110002 Subject: Self Declaration regarding “Not Blacklisted” Dear Sir,

This is with reference to the ESIC Tender No. ……………………for “Bid for Providing Managed SDWAN Technology with Network devices for ESIC Branch Network across India” for ESIC Infrastructure Technology And Services LimiteWe hereby declare that we have not been blacklisted / debarred by any government organization in India.

For (Name of the Bidder Company) Authorized Signatory (Seal & Stamp)

Page 32 of 51

Annexure - 3

Letter of Terms & Conditions Acceptance

Date: - To, The Additional Commissioner (ICT) Employees State Insurance Corporation Annexe Building Express Building, Bahadur Shah Zafar Marg, New Delhi - 110002 Subject: Letter of Terms & Conditions Acceptance. Dear Sir, This is with reference to the ESIC Tender No. ……………………..for “Bid for Providing Managed SDWAN Technology with devices for ESIC Branch Network across India” due on (Please specify tender due date). We are agreeable to all the terms and conditions mentioned in the tender. For (Name of the Bidder Company) Authorized Signatory (Seal & Stamp)

Page 33 of 51

Annexure - 4

Signing Authority Letter

Date: - To, The Additional Commissioner (ICT) Employees State Insurance Corporation Annexe Building Express Building, Bahadur Shah Zafar Marg, New Delhi - 110002 Subject: Signing Authority Letter Dear Sir, This is with reference to the ESIC Tender No. ……………………..for “Bid for Providing Managed SDWAN Technology with Network devices for ESIC Branch Network across India” due on (Please specify tender due date) We hereby authorize (Name of the bidder’s official with designation) to sign the said bid on the behalf of (Name of the Bidder Company). For (Name of the Bidder Company) Authorized Signatory (Seal & Stamp)

Page 34 of 51

Annexure- 5

List Of ESIC Offices

SL

No

Office Name Office Address details Type of Office-

RO/SRO/HOSPITAL/

DISPENSARY/BRAN

CH

OFFICE/OTHERS

Page 35 of 51

Annexure – 6

Time Schedule for delivery and Installation of SDN Devices 1. Supply, Delivery, Installation, Testing and Commissioning of Controller and

SDN Devices in DC and DR – Within 90 days from the date of Work Order.

2. Supply, Delivery, Installation, Testing and Commissioning of SDN Devices in ESIC Offices, other than DC and DR- The installation and commissioning will be required to be done in two phases.

(I) First Phase – Complete Installation and commissioning in 1600 locations to be completed within 90 days from the date of Work Order.

(II) Second phase – Complete Installation and commissioning in balance locations and for these and any additional location the installation and commissioning will have to be completed within 60 days of the issue of order.

(III) The list of 1600 locations of the first phase will be provided in the WO. (IV) Go live is1 and 2(I) and rest all is additional.

Page 36 of 51

Annexure – 7

Submission of Bills and Terms & Conditions for Payment:

i. Bill for supply and installation of SDN Devices. ESIC will issue WOs for

DC, DR and 1600 sites. The total cost (All costs will be taken as inclusive of taxes) of the project will include expenditure towards HW, SW, commissioning and three year O&M for them. The 70 percent cost of the project cost will be paid on delivery and commissioning of hardware, software & commissioning. If the cost of hardware, software and commissioning is more than 70 %, it will be restricted to 70 % of total cost of the project. If cost of hardware, software & commissioning is less than 70 % of the total cost of project, ESIC will pay actual cost of hardware, software & commissioning and the balance cost will be treated as O & M cost for three years. In the case of DC and DR, 80% of the calculated cost as per above, will be released on delivery. Balance 20% of the calculated cost will be released after installation/commissioning. However, delivery and commissioning period remains as 90 days from the date of WO. In the case of ESIC sites, WO will be issued for all the 1600 sites. The cost of 1600 sites will be worked out as in the case DC & DR. Payment will be released in four parts, each part comprising any 400 sites. 80% will be released on delivery and balance 20% will be released on installation/commissioning. However, delivery and commissioning period remains as 90 days from the date of WO. Wherever possible, the installation certification may be done on WAN or dashboard.

ii. Bill for O&M Support of the SDN Devices. (30 % of Total Cost of the

project ) This Bill will be submitted by the vendor on before the 10th day of the month following the quarter to which it pertains.This Bill should be submitted for maintenance and support of the actual number of devices which have been installed before the start of the quarter to which the Bill pertains.

iii. The Bidder shall submit the bills correct/accurate in all respects with required

challans / receipts and with all relevant documents as specified by ESIC from time to time.

b. Terms & Conditions for payment of Bills -

i. All the Bills will be paid after verification by an officer nominated by

ESIC and after deducting damages for delay and penalty for breach of SLA, if any.

ii. Applicable TDS, etc. will be deducted at source as per rules.

Page 37 of 51

Annexure – 8 Levy of Damages for Delay in installation of SDN Devices and Penalty for Breach

of SLA (Service Level Agreement) Damages for Delay in installation

1. For delay in installation of each SDN device beyond one week or part thereof, from the due date of installation/commissioning, 1.5% of the cost of SDN Device will be levied as Damages. Subsequently, for delay of each week or part thereof, an additional Damages of 1.5% of the cost of SDN Device will be levied subject to maximum levy of 6.0% of the cost of SDN Device.

2. For non-availability of services of SDN Devices in any location a penalty, up to a maximum of 20% of the quarterly maintenance charges will be levied on the vendor. The required availability of each device is 99% of the time window for the ESIC locations.

3. The report of the availability of SDN Devices in ESIC Office locations will be measured through a tool based report which is accepted and approved by ESIC.

4. No Damages/Penalty will be levied if the delay in installation and / or breach in SLA is due to ESIC dependencies.

5. Schedule for Complaint resolved/redressed

Location category Resolution Period

Type A

24 Hours

Type B

4 Hours

Type C (DC & DR)

30 Minutes

Vendor need to keep extra SDWAN Box at the regional centers or strategic points from where then can replace the hardware within the stipulated timeframe.

Page 38 of 51

Annexure-9-

Special Instructions on E-Bidding Important Instructions for Bidders regarding Online Payment All bidders/contractors are required to procure Class-IIIB Digital Signature Certificate (DSC) with Both DSC Components i.e. Signing & Encryption to participate in the ETenders. Bidders should get Registered at https://esictenders.eproc.in. Bidders should add the below mentioned sites under Internet Explorer >Tools

> Internet Options >Security >Trusted Sites >Sites of Internet Explorer : https://esictenders.eproc.in https://www.tpsl-india.in https://www4.ipg-online.com Also, Bidders need to select “Use TLS 1.1 and Use TLS 1.2” under Internet Explorer >Tools >Internet Options >Advanced Tab >Security. Bidder needs to submit Bid Processing Fee charges of Rs. 2495/- (non-refundable) in favour of M/s. C1 India Pvt. Ltd., payable at New Delhi via Online Payment Modes such as Debit Card, Credit Card or Internet Banking for participating in the Tender. Bidders can contact our Helpdesk at

https://esictenders.eproc.in/html/Support.asp

Page 39 of 51

Annexure-10.1

Format of EMD Bank Guarantee

To, Additional Commissioner (ICT) ESIC HQ Office, Panchdeep Bhawan, CIG Road, New Delhi-110002 Tel. No.: 23210922 Fax: 23234537 E-mail: [email protected] & [email protected]

Employee’s State Insurance Corporation, New Delhi (hereinafter referred to as ESIC

which expression shall include his successor and assignees) has floated tender no ------

-------------- regarding Managed Networking solutions using SDWAN Technology for

ESIC Offices across India, which envisages submission of EMD of Rupees 1 Crore

(Rs. One Crore Only).

We <name> (hereinafter referred to as “the Service Provider” which expression, wherever the subject or context permits, includes its successors and assignees) are submitting bid for the above tender. In compliance of above and tender conditions for the bidder submitting EMD amounting to Rs. 1 Crore.

1. We (hereinafter referred to as the Bank or the said bank) and having our registered office at ______________ do hereby jointly and severally

2. undertake to guarantee the payment to ESIC in rupees forthwith on demand in writing and without any protest or demur any or all monies payable by the Vendor to ESIC in respect of or in connection with the said EMD inclusive of all ESIC’s losses and damages and costs. (inclusive between attorney and ESIC) charges, and expenses and other moneys anywise payable in respect of the above as specified in the notice of demand made by ESIC to the Bank with reference to this guarantee up to an aggregate limit of Rs.___________ .

3. We ______________ further agree that ESIC shall be the sole judge of and as to whether the said bidder has committed any breach or breaches of any of the terms and conditions of the said contract and the extent of loss, damages, charges and expenses caused to or suffered by or that may be caused to or suffered by ESIC on account thereof and the decision of ESIC that the Vendor has committed such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by ESIC from time to time shall be final and binding on us.

4. The guarantee shall not be determined or affected by the liquidation or winding up of, dissolution or change in constitution or insolvency of the bidder but shall in all respect and for all purposes be binding and operative until payment of all moneys payable to bidder in terms thereof.

5. The bank hereby waives all rights at any time inconsistent with the terms of this guarantee and the obligations of the bank in terms hereof shall not be in anywise affected or suspended by reasons of any dispute or disputes having been raised by the bidder (whether or not pending before any arbitrator, Tribunal or court) or purporting to stop or prevent any payment by the bank to ESIC in terms thereof. The Bank’s liability under these presents being absolute and unequivocal.

Page 40 of 51

6. The amount stated in any notice of demand addressed by ESIC to the bank as liable to be paid to ESIC by the bidder or as suffered or incurred by ESIC on account of any losses, damages, costs, charges and expenses shall be conclusive evidence of the amount so liable to be paid to ESIC or suffered or incurred by bidder as the case may be and in terms hereof.

7. This guarantee / undertaking shall be in a continuing guarantee / undertaking and shall remain valid and irrevocable for all claims of ESIC and liabilities of the bidder arising up to a period of 90 Days from the last date of submission of ESIC bid.

8. It shall not be necessary for ESIC to proceed against the said bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the bank notwithstanding that any security which ESIC may have obtained or obtain from the bidder shall at the time when proceedings are taken against the said bank hereunder be outstanding or unreleased.

9. We _________________ undertake not to revoke this guarantee during this currency except with the consent of ESIC in writing and agree that any change in the constitution of the said Vendor or the said bank shall not discharge our liability hereunder.

10. Notwithstanding anything contained herein above, our liability under this guarantee shall be restricted to Rs………………and this guarantee shall remain in full force till a period of 90 Days form last date of submission tender unless a claim is made on us within validity date of this BG, all the claims under this guarantee shall be forfeited and we shall be relieved of and discharged from our liabilities hereunder.

Dated………………. Day of ……………….2018

Name of Bank: ------------------------------------

Address: ------------------------------------

Date: ------------------------------------

Page 41 of 51

Annexure-10.2

Format of Performance Bank Guarantee

To, Additional Commissioner (ICT) ESIC HQ Office, Panchdeep Bhawan, CIG Road, New Delhi-110002 Tel. No.: 23210922 Fax: 23234537 E-mail: [email protected] & [email protected]

In consideration of Employee’s State Insurance Corporation, New Delhi acting through (hereinafter referred to as ESIC which expression shall include his successor and assignees) having awarded to <name> (hereinafter referred to as “the Service Provider” which expression , wherever the subject or context permits, includes its successors and assignees ) a contract for ‘providing Managed Networking solutions using SD WAN Technology for ESIC offices across India in terms of inter-alia ESIC ‘s letter No.----Date---- (hereinafter called “the Work Order.”) and upon the condition of the Vendor furnishing Security for the Vendor’s liability under and in connection with the said Work Order up to a sum of Rs.-------- amounting to 10% of the value of the Work Order.

1. We (hereinafter referred to as the Bank or the said bank) and having our registered office at ______________ do hereby jointly and severally

2. undertake to guarantee the payment to ESIC in rupees forthwith on demand in writing and without any protest or demur any or all monies payable by the Vendor to ESIC in respect of or in connection with the said Work Order inclusive of all ESIC’s losses and damages and costs. (inclusive between attorney and ESIC) charges, and expenses and other moneys anywise payable in respect of the above as specified in the notice of demand made by ESIC to the Bank with reference to this guarantee up to an aggregate limit of Rs.___________ .

3. We ______________ further agree that ESIC shall be the sole judge of and as to whether the said Vendor has committed any breach or breaches of any of the terms and conditions of the said contract and the extent of loss, damages, charges and expenses caused to or suffered by or that may be caused to or suffered by ESIC on account thereof and the decision of ESIC that the Vendor has committed such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by ESIC from time to time shall be final and binding on us.

4. ESIC shall have the fullest liberty without reference to the bank and without effecting in any way the liability of the said Bank under this guarantee to take any other security in respect of the Vendor’s obligation and liabilities hereunder or to vary the contract/ work to be done there under vis-à-vis the Vendor or to vary the prices of the total contract value or to release or forbear from enforcement of all or any other security or any other securities now or anytime held by ESIC and such arrangements with the Vendor or release or forbearance whatsoever shall absolve the bank of the full liability to ESIC hereunder or prejudice the rights of ESIC against the bank.

5. The guarantee shall not be determined or affected by the liquidation or winding up of, dissolution or change in constitution or insolvency of the Vendor but shall in all respect and for all purposes be binding and operative until payment of all moneys payable to Vendor in terms thereof.

Page 42 of 51

6. The bank hereby waives all rights at any time inconsistent with the terms of this guarantee and the obligations of the bank in terms hereof shall not be in anywise affected or suspended by reasons of any dispute or disputes having been raised by the Vendor (whether or not pending before any arbitrator, Tribunal or court) or purporting to stop or prevent any payment by the bank to ESIC in terms thereof. The Bank’s liability under these presents being absolute and unequivocal.

7. The amount stated in any notice of demand addressed by ESIC to the bank as liable to be paid to ESIC by the Vendor or as suffered or incurred by ESIC on account of any losses, damages, costs, charges and expenses shall be conclusive evidence of the amount so liable to be paid to ESIC or suffered or incurred by Vendor as the case may be and in terms hereof.

8. This guarantee / undertaking shall be in a continuing guarantee / undertaking and shall remain valid and irrevocable for all claims of ESIC and liabilities of the Service Provider arising up to a period of Six months beyond the date of completion of all contractual obligations of the Vendor including warranty obligations and until midnight of last day of validity. As per the terms of agreement with the ESIC the contractual obligations will continue till 6(Six) months after the end of the Contract Period.

9. This guarantee/ undertaking shall be in addition to any other guarantee or

security whatsoever that ESIC may now or any time anywise may have in relation to the Vendor’s obligations or liabilities under and/or in connection with the said contract, and ESIC shall have full authority to have recourse to or enforce this security in preference to any other guarantee or security which ESIC may have or obtain and not forbearance on the part of ESIC in enforcing or requiring enforcement of any other security shall have the effect of releasing the bank from its full liability hereunder.

10. It shall not be necessary for ESIC to proceed against the said Vendor before proceeding against the Bank and the guarantee herein contained shall be enforceable against the bank notwithstanding that any security which ESIC may have obtained or obtain from the Vendor shall at the time when proceedings are taken against the said bank hereunder be outstanding or unreleased.

11. We _________________ undertake not to revoke this guarantee during this currency except with the consent of ESIC in writing and agree that any change in the constitution of the said Vendor or the said bank shall not discharge our liability hereunder.

12. Notwithstanding anything contained herein above, our liability under this guarantee shall be restricted to Rs………………and this guarantee shall remain in full force till a period of six months beyond the date of completion of all contractual obligations of the Vendor including warranty obligations and unless a claim is made on us within 6(Six) Months from the date i.e. before………… all the claims under this guarantee shall be forfeited and we shall be relieved of and discharged from our liabilities hereunder.

Dated………………. Day of ……………….2018

Name of Bank: ------------------------------------

Address: ------------------------------------

Date: ------------------------------------

Page 43 of 51

Annexure 11

Compliance Statement S.NO Technical Specification Compliance (Yes/No) Technical Document Name

& Page no.

Page 44 of 51

PART III

FINANCIAL BID FORM

To be Printed on Bidder’s Letter Head

Date: To, The Additional Commissioner (ICT) Employees State Insurance Corporation Annexe Building Express Building, Bahadur Shah Zafar Marg, New Delhi - 110002

Sir,

Sub: ESIC Tender No. ------- for “Bid for Providing Managed SDWAN Technology with

Network devices for ESIC Branch Network across India”

This is with reference to your tender due on ------------. We are interested in getting our Company selected in your organization for providing SDWAN Technology for ESIC Network across India.

We have read and understood the details as given in the tender information regarding

the Scope of Work and Terms and Conditions for the selection of vendors for “Bid for

Supply of managed SDWAN Technology services with network devices for ESIC

Branch Network across India” and the same are acceptable to us.

We have been given all the required information from ESIC. We certify that we are

eligible as per the said Terms. The duly signed copies of the terms are attached

herewith.

We understand that cost comparative statement will be prepared for the said items

and L1 will be decided on basis of lowest rate quoted for tender items

In case of any ambiguity between arithmetic calculations, the rates will be considered

correct and the amount will be derived on the basis of the rates quoted and the

quantity originally mentioned in the Tender.

The supply of services will be done as per the specification mentioned in the tender

form.

In case of difference in price quoted, the price in words will be taken as final.

An EMD of `Rs……………………………..- (Rupees one crores only) has been paid

online vide UTR No.......................................................Dated ..............................OR

BG from (Name of Bank) dated ………for Rs. One crores only has been uploaded

and also original copy of the BG is going to be submitted to ESIC before closing

time of the bid submission.

Page 45 of 51

On Bidder’s Letter Head

Commercial Bid Form for ESIC Tender No. _________ for Providing Managed SDWAN

Technology with Network devices for ESIC Office Locations across India.

Estimated Number of Sites and SDWAN devices required

Type-A

Sites

Type-

B

Sites

Total

sites

Remarks

Phase-I 1342 258 1600 Normally, Type A

site will need one

SDWAN Device

and Type B site

will need two

SDWAN devices.

Phase-II 564 36 600

Total 1906 294 2200

Number of

SDWAN Devices

required

1906 588 2494

Page 46 of 51

Table A – Unit Prices to be used in subsequent Tables(Figures in Indian Rupees)

Sl. No.

Equipment Qty Equipment Unit Cost Annual Onsite Comprehensive Support

Annual Onsite

Support as

percentage of

Equipment Cost.

Basic Unit Cost

Tax as % and Amount

Total Unit Cost

Amount

Tax as % and Amount

Total annual Onsite

Comprehensive Support

Cols. (9/6)X10

0

Cols. 4+5

Cols.7+8

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1 SDN Controller 1

2 SDN Router/Device for Data Centre with redundancy and Auto Failover to handle connections of Max 3000 edge device

1

3 SDN Router/Device for DR with redundancy and Auto Failover) to handle connections of Max 3000 edge devices

1

4 Required Software, Hardware or VMs

1

5 Type-A SDN Router/Device for Type-A ESIC sites.

1

6 Type-B SDN Router/Device for Type-B ESIC sites.

1

Page 47 of 51

Table B - Total Cost for DC (Figures in Indian Rupees)

Sr.

No.

SDN

Equipment

Quantity

Required

Equipment cost with three year Onsite

Comprehensive Support

Total

Cost

Cols.

3X6

Equipment

Unit Cost

with taxes

Three Year

Onsite

Comprehensive

Support with

Taxes

Equipment cost

with three year

Onsite

Comprehensive

Support.

Cols. 4+5

(1) (2) (3) (4) (5) (6) (7)

1 SDN Controller

2 SDN

Router/Device

for Data Centre

(with

redundancy

and Auto

Failover) to

handle

connections of

Max 3000 edge

devices

3 Required

Software,

Hardware or

VMs

4 Total Cost of Hardware & Software for DC C1

Page 48 of 51

Table C - Total Cost for DR (Figures in Indian Rupees) Sr.

No.

SDN

Equipment

Quantity

Required

Equipment cost with three year Onsite

Comprehensive Support

Total

Cost

Cols.

3X6

Equipment

Unit Cost

with taxes

Three Year

Onsite

Comprehensive

Support with

Taxes

Equipment cost

with three year

Onsite

Comprehensive

Support.

Cols. 4+5

(1) (2) (3) (4) (5) (6) (7)

1 SDN Controller

2 SDN

Router/Device

for Data

Recovery

Centre (DR)

(with

redundancy

and Auto

Failover) to

handle

connections of

Max 3000 edge

devices

3 Required

Software,

Hardware or

VMs

4 Total Cost of Hardware & Software for DR C2

Page 49 of 51

Table E- Cost of Operations and Maintenance at DC (Figures in Indian

Rupees) Total

cost for 3 years Cols 3

X 6 Sr.

No.

Operations & Maintenance

cost

Number

of years

Cost for one Year

Basic

Amount

Tax as

% and

Amount

Total

cost

for 1

year

Cols.

4+5

(1) (2) (3) (4) (5) (6) (7)

1 Cost of operation & maintenance

Support at DC to provide SLA

per year

3 C4

Table D – Total Cost of SDN Devices for ESIC Sites (Figures in Indian Rupees) Sr.

No.

SDN

Equipment

Estimated

Quantity

Equipment cost with three year Onsite

Comprehensive Support

Total

Cost

for

2200

sites.

Cols.

3 X 6

Equipment

Unit Cost

with taxes

Three Year

Onsite

Comprehensive

Support with

Taxes

Equipment cost

with three year

Onsite

Comprehensive

Support.

Cols. 4+5

(1) (2) (3) (4) (5) (6) (7)

1 Type-A SDN

Router/Device

for Type-A

Sites (1906

sites)

1906

2 Type-B SDN

Router/Device

for Type-B

Sites (294

Sites X 2

=588 devices)

588

3 Total Cost for Phase-I and Phase-II sites C3

Note: About 8 percent of the total sites may need patch chord which vendor is

required to take care at the time of installation.

Page 50 of 51

Table F- Cost of Operations and Maintenance at DR (Figures in Indian Rupees)

Total cost for 3 years Cols 3

X 6 Sr.

No.

Operations & Maintenance

cost

Number

of years

Cost for one Year

Basic

Amount

Tax as

% and

Amount

Total

cost

for 1

year

Cols.

4+5

(1) (2) (3) (4) (5) (6) (7)

1 Cost of operation & maintenance

Support at DR to provide SLA

per year

3 C5

Table G – Cost of Operation & Maintenance for ESIC sites (Figures in Indian Rupees)

Total cost for 3 years for 2200

sites. Cols. 3 X 6 X 2200

Sr.

No.

Operations & Maintenance

cost

Number

of

years

Cost for one Year per site

Basic

Amount

Tax as

% and

Amount

Total

cost

for 1

year.

Cols.

4+5

(1) (2) (3) (4) (5) (6) (7)

1 Cost of operation & maintenance

Support at field level to provide

SLA per year for 2200 sites

3 C6

GRAND TOTAL COST = C1 of Table B + C2 of Table C + C3 of Table D + C4 of Table E +

C5 of Table F+C6 of Table G

Table H (Figures in Indian Rupees)

OPTIONAL ITEM

ITEM Basic Cost

with 3 year

Onsite

Support

Tax as %

and

Amount

Total Cost

12 port Unmanageable Switch

L1 Selection Criteria: Vendor quoting GRAND TOTAL COST as lowest will be declared as

L1 vendor.

In the case of Optional Item, L1 Vendor has to agree to the lowest cost of the tender.

The Price quoted is inclusive of everything i.e. charges related to delivery, installation, link commissioning, testing and transportation, manpower and efforts for operations and support

Page 51 of 51

meeting SLA, etc. We have also understood and noted that the period of the tender being 3 years, and

extendable by 1+1 year and all the rates/prices will remain valid for five years period. Further, it is certified that for the entire period of contract the per unit cost for payment of

delivery for actual supplied and additional supplied will be worked out on the basis of the above quoted price by us.

Date: Signature: Signature of the Bidder Place: Name: Designation: Seal of the Company