Ref. No. APSFL/ IPTV Boxes/221/2017, dated 17 / 07 /2017

Transcription

1 REQUEST FOR PROPOSAL (RFP) FOR SUPPLY & MAINTENANCE OF IPTV &TRIPLE PLAY BOXES Ref. No. APSFL/ IPTV Boxes/221/2017, dated 17 / 07 /2017 Andhra Pradesh State FiberNet Limited NTR Administrative Block, 3rd Floor, Pandit Nehru Bus Station, Vijayawada Web address: address: apsfl@ap.gov.in 1

2 Table of Contents Disclaimer...4 Acronyms...5 Definitions Inviting Authority Key Events and Dates Procedure for Bid Submission Registration with e-procurement platform Digital Certificate Authentication Hard Copies Deactivation of Bidders Introduction Scope of Work Pre-Qualification Criteria Technical Bid Evaluation Financial Bid Opening & Award of Contract Instructions to the Bidder General Pre-bid Queries Language of the Bid Amendments Clarifications by APSFL Suppression of facts and misleading information Contacting Tender Inviting Authority Tender Validity Hand written documents, Erasures or Alterations Bid Prices Firm Prices Letter of Authorization Conditional Bids/Offers by the Bidders Late Tender Bids Opening of Bids Right to Accept or Reject Bids Notification of Award Earnest Money Deposit Performance Bank Guarantee Signing of Agreement Rejection Criteria Concessions permissible under statutes Bid forms Delivery Timelines Delivery & Documents

3 7.26. Third Party Claims Inspection & Test Execution of Work Order Service Levels & Warranty Payment Terms Force Majeure Liquidated Damages Termination of Contract Arbitration and Jurisdiction ANNEXURES Annexure I Cover Letter Annexure II Bidder Profile Annexure III - Financial Information Annexure IV- Declaration of Acceptance of RFP Terms & Conditions Annexure V - Declaration of Clean Track Record/ No Blacklisting Annexure VI -EMD Format Annexure VII Performance Bank Guarantee Format Annexure VIII- Manufacturer s Authorization Form (MAF) Annexure IX Price Bid Form Annexure X Minimum Tech Specifications

4 Disclaimer The information contained in this Request for Proposal document ( RFP ) or subsequently provided to Applicants, whether verbally or in documentary or any other form by or on behalf of the APSFL or any of its employees or advisers, is provided to Applicants on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided. This RFP is not an agreement and is neither an offer nor invitation by the APSFL to the prospective Applicants or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the preparation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by APSFL. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. This RFP may not be appropriate for all persons, and it is not possible for APSFL, its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFP and obtain independent advice from appropriate sources. Information provided in this RFP to the Applicants is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. APSFL accepts no responsibility for the accuracy or otherwise for any interpretation of the law. APSFL, its employees and advisers make no representation or warranty and shall have no liability to any person including any Applicant under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way in this Selection Process. APSFL also accepts no liability of any nature whether resulting from negligence or otherwise, howsoever caused, arising from reliance of any Applicant upon the statements contained in this RFP. APSFL may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFP. Issuance of this RFP does not imply that the APSFL is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the RFP, APSFL reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever. The applicant shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations which may be required by the APSFL or any other costs incurred in connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and APSFL shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation or submission of the Proposal, regardless of the conduct or outcome of the selection process 4

5 Acronyms APSFL BG CPE DD EMD GPON GST HDMI INR IPTV ISP LCO LD LLP LoA MPTS MSO MTTR NOC OEM PBG PoP PSU SD SLA SPOC USB VAT GST Andhra Pradesh State FiberNet Limited Bank Guarantee Customer Premise Equipment Demand Draft Earnest Money Deposit Gigabit-capable Passive Optical Networks Goods and Services Tax High Definition Multimedia Interface Indian National Rupee Internet Protocol Television Internet Service Provider Local Cable Operator Liquidated Damages Limited Liability Partnership Letter of Acceptance Multiple Programme Transport Stream Multiple System Operator Mean Time To Repair/Replace Network Operations Centre Original Equipment Manufacturer Performance Bank Guarantee Point of Presence Public Sector Unit Security Deposit Service Level Agreement Single Point of Contact Universal Serial Bus Value Added Tax Goods and Services Tax 5

6 Definitions Agreement means the Agreement to be signed between the successful bidder and APSFL including all attachments, appendices, all documents incorporated by reference thereto together with any subsequent modifications, the RFP, the bid offer, the acceptance and all related correspondences, clarifications, presentations. Authority refers to MD/Directors of APSFL or its nominated representatives Authorized Representative shall mean any person authorized by either of the parties. Bidder means any firm or group of firms (called consortium) offering the solution(s), service(s) and /or materials as required in the RFP. The word Bidder/ System Integrator when used in the pre-award period shall be synonymous with parties bidding for this RFP, and when used after award of the Contract shall mean the successful party with whom APSFL signs the agreement for rendering of services for implementation of this project. Contract is used synonymously with Agreement. Law shall mean any Act, notification, bye law, rules and regulations, directive, ordinance, order or instruction having the force of law enacted or issued by the Central Government and/ or Andhra Pradesh or regulatory authority or political subdivision of government agency. LoA means Letter of Acceptance, which shall constitute the intention of the department to place the Purchase Order with the successful bidder. Party means APSFL or Bidder, individually and Parties mean APSFL and Bidder, collectively. Proposal / Bid means the Pre-Qualification and Technical Proposals submitted along with the subsequent clarifications and undertakings, if any; Request for Proposal (RFP) means this document and its annexure etc., seeking a set of solution(s), services(s), materials and/or any combination of them. Requirements shall mean and include schedules, details, description, statement of technical data, performance characteristics and standards (Indian & International) as specified in RFP. Service Level(s) means the performance standards, which shall apply, to the solution design, implementation & services delivered by the Empanelled Agency. Service Centre The centre or place, wherein the Bidder, inter alia undertakes and performs the service activities relating to IPTV/Triple Play boxes/tendered items as indicated in the tender and shall include a Direct service centre or Authorized dealer or Franchisee service centre of the bidder in 13 Districts of Andhra Pradesh: o Ananthapur, Chittoor, East Godavari, Guntur, Kadapa, Krishna, Kurnool, Nellore, Prakasam, Srikakulam, Visakhapatnam, Vizianagaram, West Godavari 6

7 1. Inviting Authority Andhra Pradesh State FiberNet Limited (APSFL) invites sealed bids from the prospective bidders for supply and maintenance of IPTV boxes with Wi-Fi & Triple Play IPTV Boxes with Wi-Fi. The IPTV & Triple Play boxes to be supplied by the vendors as per the technical specifications mentioned in this RFP and selected bidder(s) should support APSFL in providing high quality services to households. Selected bidder(s) should support & maintain the supplied boxes with comprehensive onsite warranty for a period of one (1) year Key Events and Dates 1. Name of the Authority Andhra Pradesh State FiberNet Limited 2. Name of the Assignment Request for Proposal (RFP) for Supply & Maintenance of IPTV & Triple Play Boxes 3. RFP Number Ref.No. APSFL/IPTV Boxes/221/2017, dated 17/07 / RFP Release Date 19/07/ Last date &time for receiving queries/clarifications 6. Last date and time for submission of proposal (Proposal Due Date) 7. Date and time of opening of pre-qualification cum technical bids on e- procurement platform 8. Date and time of opening of financial bid 9. Bid Processing Fee (Non-refundable) 10. Bid Security / EMD (Refundable) 26/07/2017 at 5:00 PM 03/08/2017 at 3:00 PM The proposal is to be submitted on on e-procurement portal. 03/08/2017 at 4:00 PM Andhra Pradesh State FiberNet Limited NTR Administrative Block, 3rd Floor, Pandit Nehru Bus Station, NH -65, Vijayawada Web address: address: apsfl@ap.gov.in To be intimated to the technically qualified agencies at a later date INR 50,000 (Fifty Thousand only) in the form of Demand Draft issued by one of the Nationalized / Scheduled Banks in India drawn in favour of Andhra Pradesh State FiberNet Ltd, payable at Vijayawada. Original DD must be submitted in APSFL office at Vijayawada before proposal due date. INR 50,00,000 (Fifty Lakhs only) in the form of Bank Guarantee issued by one of the Nationalized / Scheduled Commercial Banks in India drawn in favour of Andhra Pradesh State FiberNet Ltd, payable at Vijayawada. Original BG must be submitted in APSFL office at 7

8 Vijayawada before proposal due date. Bid Security / EMD should be valid for a period of 180 (One Hundred & Eighty) days from Proposal Due Date. The Bid Security / EMD will be refunded to unsuccessful Applicant agencies within 30 (Thirty) days of completion of selection process. 11. Performance Bank Guarantee INR 50,00,000 (Fifty Lakhs only) in the form of Bank Guarantee issued by one of the Nationalized / Scheduled Commercial Banks in India drawn in favour of Andhra Pradesh State FiberNet Ltd, payable at Vijayawada. Should be valid for the contract period EMD of the successful bidder will be considered towards PBG and validity should be extended as per the contract duration. 12. Warranty & Maintenance* Comprehensive onsite warranty for a period of one year 13. For any enquiries and clarifications, please contact: Executive Director Commercial, Andhra Pradesh State FiberNet Limited NTR Administrative Block, 3rd Floor, Pandit Nehru Bus Station, Vijayawada Web address: edc.apsfl@ap.gov.in 14. Validity of the Proposal Bidder proposals shall remain valid for a period of 180 days from the Proposal due date. 15. Method of Selection Least Cost Method (L1) Note: *The IPTV/Triple Play Boxes should be replaced in case of failure within warranty period 1.2. Procedure for Bid Submission The Bidder shall submit their response through Bid submission process on e-procurement platform at by following the procedure given below: The bidder would be required to register on the e-procurement platform or and submit their bids online. Offline bids shall not be entertained by the RFP Inviting Authority for the RFPs published in e-procurement platform. The bidders shall submit their Pre-Qualification cum Technical bid and Price bid online in e- Procurement web site. The bidders shall upload the scanned copies of all the relevant certificates, documents etc., in support of their Pre-Qualification cum Technical bids and other certificates/documents with clear readability, in the e-procurement web site. The bidder should sign on all the statements, documents, certificates uploaded in the e-procurement website, owning responsibility for their correctness/authenticity. 8

9 1.3. Registration with e-procurement platform For registration and online bid submission bidders may contact Helpdesk on or Digital Certificate Authentication The bidder shall authenticate the bid with the agency s Digital Certificate for submitting the bid electronically on e-procurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the e-procurement platform. For obtaining Digital Certificate, you may please contact: Andhra Pradesh Technology Services Limited, Vijayawada (OR) You may please contact any Registration Authorities of Certifying Authorities in India. The list of CAs is available in the link provided below Hard Copies All bidders should submit below documents in hard copy Original DD towards the bid processing fee & Original BG towards EMD in APSFL office at Vijayawada before proposal due date. All the bidders shall invariably upload the scanned copies of DD in e-procurement system and this will be the primary requirement to consider the bid responsive. i. APSFL shall carry out the evaluation solely based on the uploaded certificates/documents, BG towards EMD in the e-procurement system and open the price bids of the responsive bidders only. ii. APSFL will notify the bidders for submission of original hardcopies of the uploaded documents if required. iii. APSFL will not take any responsibility for any delay in receipt/non-receipt of original DD/BG towards Document Fee/ EMD before the stipulated time. On receipt of documents, APSFL shall ensure the genuinity of the DD towards document fee, BG towards EMD and all other certificates/documents uploaded by the bidder in e-procurement system in support of the qualification criteria before concluding the agreement Deactivation of Bidders Vide Ref GO Ms. No.174 I&CAD dated , if any successful bidder fails to submit the original hard copies of uploaded certificates/documents, BG towards EMD within stipulated time or if any variation is noticed between the uploaded documents and the hardcopies submitted by the bidder, the successful bidder will be suspended from participating in the RFPs on e-procurement platform for a period of 3 years. The e-procurement system would deactivate the user ID of such defaulting bidder based on the trigger/recommendation by the RFP Inviting Authority in the system. Besides this, APSFL shall invoke all processes of law including criminal prosecution of such defaulting bidder as an act of extreme deterrence to avoid delays in the RFP process for execution of the development schemes taken up by the government. Other conditions as per RFP document are applicable. The bidder is requested to get a confirmed acknowledgement from the RFP Inviting Authority a proof of Hardcopies submission to avoid any discrepancy. 9

10 a) Payment of Transaction Fee: It is mandatory for all the participant bidders from 1st January 2006 to electronically pay a prescribed non-refundable Transaction fee to M/s. APTS, the service provider through "Payment Gateway Service on E-Procurement platform". The Electronic Payment Gateway accepts all Master and Visa Credit Cards issued by any bank and Direct Debit facility/net Banking to facilitate the transaction. This is in compliance as per G.O.Ms. 13 dated b) Corpus Fund: As per GO MS No.4,user departments shall collect 0.04% of ECV (estimated project cost) with a cap of Rs.10,000 (Rupees ten thousand only) for all works with ECV upto Rs.50 Crores, and Rs.25,000/- (Rupees twenty five thousand only) for works with ECV above Rs.50 Crores, from successful bidders on e-procurement platform before entering into agreement / issue of purchase orders, towards e- procurement fund in favour of Managing Director, APTS. There shall not be any charge towards e- Procurement fund in case of works, goods and services with ECV less than and upto Rs. 10 lakhs c) RFP Document: The bidder is requested to download the RFP document and read all the terms and conditions mentioned in the RFP Document and seek clarification if any from the RFP Inviting Authority. Any offline bid submission clause in the RFP document could be neglected. The bidder has to keep track of any changes by viewing the Addendum/Corrigenda issued by the RFP Inviting Authority from time-to-time in the e-procurement platform. The Department calling for RFPs shall not be responsible for any claims/issues arising out of this. d) Bid Submission Acknowledgement: The bidder shall complete all the processes and steps required for Bid submission. The system will generate an acknowledgement with a unique bid submission number after completing all the prescribed steps and processes by the bidder. Users may also note that the bids for which an acknowledgement is not generated by the e-procurement system are treated as invalid or not saved in the system. Such invalid bids are not made available to the RFP Inviting Authority for processing the bids. The Government of AP is not responsible for incomplete bid submission by users. 1. The bidders need to register on the electronic procurement market place of Government of Andhra Pradesh i.e., On registration in the e-procurement market place they will be provided with a user ID and password by the system using which they can submit their bids on line. 2. While registering on the e-procurement market place, the bidders need to scan and upload the required documents as per the RFP requirements on to their profile. The e-procurement market place provides an online self-service registration facility to all such Contractors who are already registered with respective participating departments for supply of specified goods and services. 3. All the bidders shall invariably upload the scanned copies of DD/BG in e-procurement system and this will be the primary requirement to consider the bid as responsive. The Department shall carry out the Technical bid evaluation solely based on the uploaded certificates/documents, BG towards EMD in the e-procurement system and open the price bids of the eligible and responsive bidders. 4. The bidders shall furnish a declaration in online stating that the soft copies uploaded by them are genuine. Any incorrectness/deviation noticed will be viewed seriously and apart from cancelling the work duly forfeiting the EMD, criminal action will be initiated including suspension of business. 10

11 2. Introduction Andhra Pradesh State FiberNet Limited (APSFL) has been incorporated under the Companies Act 2013 in October 2015, to undertake the works of AP Fiber Grid, its operations & maintenance and related business activities. It is a fully owned entity of the Government of AP under the control of Energy, Infrastructure & Investment (E, I&I) department. APSFL aims to provide high quality & affordable digital services to households, government departments and enterprises across the State. Fiber Grid is one of the 5 Grids identified by the Government of Andhra Pradesh to accelerate socioeconomic growth of the State. Fiber Grid is primarily aimed at harnessing the power of information resource and enabling provision of qualitative and cost-effective IT, Communication (data, voice & video) and other related services to the citizens of A.P. Vision of AP Fiber Grid is as follows: To establish a highly scalable network infrastructure, accessible on a non-discriminatory basis, to provide on demand, affordable and end-to-end broadband connectivity of 10 Mbps for all households and 1 to 10 Gbps for institutions & multi-dwelling units by 2018, to enable realization of the Vision of Digital Andhra Pradesh, in partnership with the Government of India and Private Sector. In line with the vision, a dual phased approach has been undertaken to deliver the project mandate in AP. Phase I Aerial Fiber Grid Network will create an aerial fiber network up-to Mandal level by leveraging assets of Electricity companies. Phase II - Underground Fiber Network is envisioned to create an underground Fiber network covering the entire State upto Gram Panchayats level. Phase I of the Project (Aerial Fiber grid project), APSFL has established state-wide high speed optical fiber network infrastructure covering approximately 23,000 kms route across the 13 districts of Andhra Pradesh through 2445 PoPs being operated and controlled from Network Operations Centre (NOC) setup in Vishakhapatnam. Phase I project components include laying aerial optical Fiber across the State upto mandal level, so that the State, District, Zonal and Mandals are connected with each other using ring topology as much as possible. In addition, the last mile connectivity is to be made available through a network of MSOs/ LCOs. APSFL is in the process of procurement of CPE (customer premise equipment) boxes to extend the Triple Play Services to all households across the State. The specifications and open standards for Customer Premises Equipment (CPE) under this network, which can deliver all the three services i.e. Triple play Cable TV, high-speed broadband and telecom, have already been released via initial tenders. Online enrolment of MSOs/LCOs for business association with APSFL have been done and extended Triple Play Services to thousands of customers through the CPE boxes procured. Considering the demand from customers for the triple play services APSFL intends to procure IPTV & Triple Play boxes with the specifications provided (Annexure-X) on immediate basis to meet the target set by the Govt of AP. In this regard, APSFL is looking forward to engage vendors who can supply the specified IPTV & Triple Play boxes upto 5 lakhs each within a period of 6 months. 11

12 3. Scope of Work Andhra Pradesh State FiberNet Limited intends to provide the Triple Play services (Internet, Telephone, IPTV or CATV & other Value Added Services) through the Fiber Network to Households and Enterprise Customers (Govt. Departments /PSU s/ Schools/Hospitals/Other Enterprises). APSFL has already finalized the standards & specifications for various Customer Premise Equipment (CPE) boxes to deliver the intended services. In order to expedite Triple Play Services connectivity across the State, APSFL is looking for IPTV and Triple Play box vendors who can supply the specified boxes upto 5 lakhs each within a period of 6 months. APSFL shall place orders in lots on need basis within the contract period. It is responsibility of the selected bidder(s) to supply ordered quantity at designated locations within Andhra Pradesh. Selected bidder(s) should establish service centres in all the 13 districts of AP to provide necessary support to repair/replace faulty boxes. The scope of work covers three phases as follows: a) Sample Testing & Acceptance Phase b) Delivery Phase c) Maintenance Phase a) Sample Testing & Acceptance The selected bidder(s) (post issuance of LoA) have to submit the sample as per the standards & specifications given in the tender and any other compliance that are deemed necessary for delivery of quality services to the end users adhering to the SLA. The number of samples required will be informed by APSFL at the time of calling for sample testing. Testing will be done at APSFL lab as well as at the field as per requirement. The selected bidder(s) should submit samples to APSFL for testing as per the timelines stipulated. In case of failure/delay in submission of samples, APSFL reserves the right to cancel the LoA issued. b) Delivery Phase The scope of work shall comprise of delivery of the CPE (IPTV & Triple Play) Boxes against the work order that will be released on periodical basis by APSFL. It is the responsibility of the selected vendor to deliver the boxes at the designated locations across the 13 districts of Andhra Pradesh. Necessary coordination & support including training to be provided to the last mile service provider of APSFL. c) Warranty Phase After the installation and commissioning of the IPTV / Triple Play Boxes by the service provider, the supplied vendor shall be solely responsible for support & maintenance during the warranty phase from the date of commissioning. The service provider of APSFL will attend to any last mile connectivity problem/issue in delivering the service. If the issue is with the IPTV /Triple Play Boxes, then it has to be attended by the selected bidder at the installed location until the problem is rectified and ensure adequate spare boxes for replacement in case of any failure. Selected bidders have to setup service centers in all districts of Andhra Pradesh where faulty IPTV /Triple Play Boxes can be repaired or replaced. In these centers required spares are to be maintained as per SLA. The minimum technical specifications of the specific IPTV & Triple Play boxes are provided in Annexure -X 12

13 Selected vendor is free to provide higher or better specifications in line with the current solution available to render smooth network operations. It is the responsibility of bidder to provide the recommendations to APSFL in case of any such modifications required and obtain approval. The selected bidder has to understand the current solution in place and propose accordingly. The IPTV/Triple Play boxes should be compatible with existing equipment supplied to deliver triple play services to customers. Functional Block Diagram of the IPTV Box with Wi-Fi IPTV is the box, having Ethernet (RJ45) input with IPTV functionality, able to connect LCD/LED TV or traditional TVs (AV input), at least one Ethernet port, one SD card slot and feature for Wi-Fi. Functional Block Diagram of the Triple Play IPTV Box (TPIP) with Wi-Fi TPIP-Wi-Fi is the box, having GPON fiber input with IPTV functionality, able to connect LCD/LED TV or tradition TVs (AV input) and at least one Ethernet port, one Telephone interface and Wi-Fi features. Refer Annexure- X for Minimum Technical Specifications 13

14 4. Pre-Qualification Criteria The prospective bidders must satisfy the following eligibility criteria for submission of their bids and provide supporting documents as proof of eligibility. S. No. Prequalification Criteria Documentary Proof to be submitted In case the Bidder is a Registered Company in India, they should produce the copy of the Certificate of Incorporation. 1. The Bidder/consortium members should be a Company registered in India under the Indian Companies Act 1956/2013 or a Registered Partnership Firm or a Sole Proprietary Firm or LLP. In case the Bidder is Registered Partnership Company / Firm, they should produce the copy of Registered Partnership Deed. In case the Bidder is a Sole Proprietary Firm, they should produce the copy of valid Tax Registration Certificate(s) Foreign companies can be a consortium member provided they are manufacturer/oem of the products being supplied. In case of consortium, lead member should always be an Indian firm. Registration certificate under equivalent law abroad for foreign company The Bidder/ any consor tium member should have 3 years of existence in manufacturing or supply of products such as CPEs viz., GPON, IPTV, Triple Play, Set Top Box or similar products on The Bidder/consortium should have an average Annual Turnover of INR 100 Crores and above in the last two successive audited financial years. In case of consortium the sum of annual turnover of all the members should be INR 100 Crores during the last two successive audited financial years. The annual turnover of the lead member for the last two audited financial years should not be less than INR 50 Crores Copy of Purchase Orders and client certificate should be submitted. In the case of authorized distributor/dealer, a Letter of Authorization from the OEM/manufacturer. In the case of OEM, the documentary proof for manufacturing the products. Copies of the Audited Balance sheets and Profit and Loss account for the last 2 audited financial years. ( & or & ) 14

15 S. No. Prequalification Criteria Documentary Proof to be submitted Certificate from the statutory auditor for Bidder/ Consortium (all partners) having positive net worth for the last 3 4. should have positive net worth for the successive audited financial years. last 3 successive audited financial ( , , or , years & ) 5. The Bidder/ Consortium should have valid GST registration in India Certified copy of valid GST registration certificates issued by competent authority in India In case of consortium, this is applicable for all Indian members. 6. The Bidder/ Consortium should not have been blacklisted by any Govt or PSU in India as on the date of bid submission Self-declaration by the bidder duly signed by the authorized signatory The bidder shall submit all the technical leaflets /technical literature/product certifications etc. to confirm the technical compliance. 7. Technical compliance for the minimum specifications provided in scope of work The OEM should submit the compliance confirmation for each parameter in their letterhead and also MAF The Bidder / lead member of consortium should have executed work orders for a min value of INR 10 Crore for supply of CPEs viz., GPON, IPTV, Triple Play and Set Top Box in last 3 FYs in India Existing service centers of OEM/ authorized distributors or dealers in Andhra Pradesh If there is any deviation, the deviation with justification should be spelt out. Copy of Purchase Orders/Client Certificate should be submitted Self-certified declaration and address proof of service centers to be submitted. Undertaking to establish service centers in each of the districts in AP Note: 1) In case of consortium, all correspondence related to this project shall be done with /through the lead member. 2) Consortium cannot be more than two members. 3) One of the consortium members should be designated as the lead member and should be an Indian company. Roles and Responsibilities of both the parties should be clearly mentioned in the agreement. 15

16 5. Technical Bid Evaluation SL No Technical Criteria Average Annual Turnover in the last 2 audited financial yrs. ( & ) or ( & ) Technical compliance for IPTV/Triple Play boxes specifications. Documentary Proof to be submitted Copies of the Audited Balance sheets and Profit and Loss account The bidder shall submit all the technical leaflets/technical literature/product certifications etc. to confirm the technical compliance. The OEM should submit the compliance confirmation for each parameter for each of the boxes in their letterhead. Compliance Max Marks (INR Crores) 100 & >150 & > Mandatory Compliance. Marking Schema: Compliance with RFP specifications 10/20 Higher / better specifications 20/20 20 If there is any deviation, the deviation should be spelt out by the bidder in the OEM letter head. (decision of technical committee shall be final in award of full marks) The Bidder/ consortium should have manufactured the products viz., IPTV/ GPON, Triple Play /Set top Box in the last 3 years and the avg. supply quantity in India per annum shall be In the case of distributor/dealer, the average quantity per annum shall be The bidder/lead member of consortium shall have work orders for a value of INR 10 Crore for supply of CPEs viz., GPON, IPTV and Triple Play/Set Top Box in last 3 FYs in India. In the case of OEM, the documentary proof for manufactured & supplied the products in India for the specified quantity. In the case of authorized distributor/dealer, the purchase orders/client certificates for the specified quantity. Copy of Purchase Orders and client certificate should be submitted. OEM (Qty) 100,000 & 150, ,000 & 200, > 200, Dealer/Distributor 50,000 & 75, ,000 & 100, > 100, OEM (in INR Crores) 10 & & > Dealer/Distributor 5 &

17 SL No. Technical Criteria In the case of distributor/dealer, the value of work orders shall be INR 5 Crore Documentary Proof to be submitted Compliance 7.5 & > Max Marks Important Notes: Bidders should obtain minimum 60 out of 100 marks in the overall technical evaluation to qualify for opening of the Financial Bid. In case, none of the bidder achieves the min. qualifying marks, the Technical Evaluation Committee may revise the min. qualification marks as per the case in the interest of this RFP. The Technical Evaluation Committee s decision in this regard shall be final and binding on the Bidder. Bidders should submit necessary proofs towards experience claimed such as work orders / work completion certificates from clients/certificate from Auditors etc. as required by APSFL. APSFL may ask Bidder(s) for additional information to verify claims made in Bid documentation from already submitted Proposals at any point of time before announcement of final results. A Technical Committee will examine the Technical Bids against the Prequalification Criteria and Technical Criteria given in the Tender document and all other terms & conditions in the tender. The evaluation will be conducted based on the support documents submitted by the Bidders. 17

18 6. Financial Bid Opening & Award of Contract Price Bids of only those bidder(s) who are found eligible and obtain the minimum prescribed qualifying marks as per the Technical Evaluation Criteria will be evaluated. Eligible and qualified bidders will be evaluated on the following criteria: IPTV Boxes: S.No Description Unit Rate in INR (A) Qty (B) Total in INR (C) =A*B 1. IPTV Box with Wi-Fi 5,00,000 Total Amount (In Words) Triple Play Boxes: S.No Description Unit Rate in INR (A) 1. Triple Play IPTV Box with Wi-Fi Total Amount (In Words) Qty (B) 5,00,000 Total in INR (C) =A*B Note Supply to designated locations within AP as informed by APSFL. Unit Rate shall include all duties, levies, insurance, transport and other charges excluding Taxes. The bidder can quote for any one or both the boxes mentioned above. The Bidder offering the Lowest Unit Rate (Exclusive of Taxes) for each of the boxes will be considered for award of contract. If there is a discrepancy between words and figures, the amount in words shall prevail. APSFL reserves the right to 1. Negotiate with the Bidder whose offer is the lowest (L1) for each of the boxes for further reduction of prices. 2. Ask other bidders to match the price of L1 to declare them as the shortlisted bidders and issue the order incase L1 defaults in performance of agreed terms and conditions. 3. Insist on quality / specification of materials to be supplied. 4. Modify, reduce or increase the quantity requirements to an extent of the tendered quantity 5. Change the list of areas of work from time to time based upon the requirement of the purchase. 6. If delivery performance of the Bidder is not as per the Schedule, then APSFL reserves the right to take action against them. 7. APSFL reserves its right to withhold any amount for the deficiency in the service aspect of the ordered items supplied. 18

19 7. Instructions to the Bidder 7.1. General 1. The Bidders are requested to examine the instructions, terms and conditions and specifications given in the Tender. Failure to furnish all required information in every respect will be at the Bidder's risk and may result in the rejection of bid. 2. It will be imperative for each Bidder(s) to familiarize itself/ themselves with the prevailing legal situations for the execution of contract. APSFL shall not entertain any request for clarification from the Bidder regarding such legal aspects of submission of the Bids. 3. It will be the responsibility of the Bidder that all factors have been investigated and considered while submitting the Bids and no claim whatsoever including those of financial adjustments to the contract awarded under this tender will be entertained by APSFL. Neither any time schedule nor financial adjustments arising thereof shall be permitted on account of failure by the Bidder to appraise themselves. 4. The Bidder shall be deemed to have satisfied itself fully before Bidding as to the correctness and sufficiency of its Bids for the contract and price quoted in the Bid to cover all obligations under this Tender. 5. It must be clearly understood that the Terms and Conditions and specifications are intended to be strictly enforced. No escalation of cost in the Tender by the Bidder will be permitted throughout the period of Agreement or throughout the period of completion of contract whichever is later on account of any reasons whatsoever. 6. The Bidder should be fully and completely responsible to APSFL and State Government for all the deliveries and deliverables Pre-bid Queries All enquiries from the Bidders relating to this RFP must be submitted to the Executive Director (Commercial), APSFL, Vijayawada. These queries should be ed in non-editable Format document to The queries should necessarily be submitted in the following Format: # RFP Part No. Section No. Page no. Content of the RFP requiring clarification Clarification Sought 7.3. Language of the Bid The bids prepared by the Bidder and all subsequent correspondence and documents relating to the bids exchanged by the Bidder and APSFL shall be written in English language. Any printed literature furnished by the Bidder, written in another language, shall be accompanied by an accurate English translation, in which case, for purposes of interpretation of the Bid, the English translation shall govern. 19

20 7.4. Amendments Before closing of the Tender, clarifications and amendments if any will be notified in the website mentioned in the Tender Schedule. The Bidders periodically check for the amendments or corrigendum or information in the website till the closing date of this Tender. APSFL will not make any individual communication and will in no way be responsible for any ignorance pleaded by the Bidders. Before the closing of the Tender, APSFL may amend the Tender document as per requirements or wherever APSFL feels that such amendments are necessary. Amendments also may be given in response to the queries by the prospective Bidders. Such amendments will be notified in the websites mentioned in the tender schedule. APSFL at its discretion may or may not extend the due date and time for the submission of bids on account of amendments. APSFL is not responsible for any misinterpretation of the provisions of this tender document on account of the Bidders failure to update the Bid documents on changes announced through the website Clarifications by APSFL When deemed necessary, APSFL may seek bonafide clarifications on any aspect from the Bidder. However, that would not entitle the Bidder to change or cause any change in the substance of the Bid or price quoted. During the course of Technical Bid evaluation, APSFL may seek additional information or historical documents for verification to facilitate decision making. In case the Bidder failed to comply with the requirements of APSFL as stated above, such Bids may at the discretion of APSFL, shall be rejected as technically non-responsive Suppression of facts and misleading information During the Bid evaluation, if any suppression or misrepresentation of is brought to the notice of APSFL. APSFL shall have the right to reject the Bid and if after selection, APSFL would terminate the contract, as the case may be, will be without any compensation to the Bidder and the EMD / PBG, as the case may be, shall be forfeited. Bidders should note that any figures in the proof documents submitted by the Bidders for proving their eligibility is found suppressed or erased, APSFL shall have the right to seek the correct facts and figures or reject such Bids. It is up to the Bidders to submit the full copies of the proof documents to meet out the criteria. Otherwise, APSFL at its discretion may or may not consider such documents. Tender calls for full copies of documents to prove Bidder's experience and capacity to undertake the project Contacting Tender Inviting Authority Bidders shall not make attempts to establish unsolicited and unauthorized contact with APSFL /Tender Committee after the opening of the Tender and prior to the notification of the Award and any attempt by any Bidder to bring to bear extraneous pressures on the Tender Accepting Authority shall be sufficient reason to disqualify the Bidder. Notwithstanding anything mentioned above, APSFL may seek bonafide clarifications from Bidders relating to the tenders submitted by them during the evaluation of tenders. 20

21 7.8. Tender Validity The offer submitted by the Bidders should be valid for a minimum period of 180 days from the date of opening of the Tender. The Contract will be valid for 1 year from the date of signing of the contract or agreement/date of release of the first Purchase order. However APSFL reserves the right to extend or short close the Tender validity period if situation warrants to benefit the Government Hand written documents, Erasures or Alterations The offers containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the offer. Filling up of the information using terms such as OK, noted, as given in brochure/manual is not acceptable and may lead to the disqualification of the Bid Bid Prices The Bidder shall indicate in the proforma prescribed, the unit rates and total Bid Prices for the equipment / services, it proposes to provide under the Contract. Prices should be shown separately for each item as detailed in this document. If during the course of execution of the project any minor revisions to the work requirements like technical specifications, equipment sizing, etc. are to be made to meet the goals of the Project; such changes shall be carried out within the proposed price. If any deviation has a major impact on the Project Cost, the Authority shall take appropriate decision and such decisions would be binding on the Bidder Firm Prices Prices quoted in the Bid must be firm and final and shall not be subject to any modifications, on any account whatsoever. The Bid Prices shall be indicated in Indian Rupees (INR) only. The Price Bid should clearly indicate the price quoted without any ambiguity / qualifications whatsoever and should include all applicable duties, fees, levies, and other charges as may be applicable in relation to the activities proposed to be carried out. Taxes as applicable shall be paid by APSFL. Prices in any form or by any reason before opening the Price Bid should not be revealed, failing which the offer shall be liable for rejection. If price change is inevitable due to any factor external to the bidders, the bidders may be given chance to submit revised Bids in a separate sealed cover. Decisions of the Authority shall be final in this regards Letter of Authorization A letter of Authorization from the Board of Directors / appropriate authority authorizing the Tender submitting authority or a Power of Attorney should be scanned and submitted in the Tender, otherwise the Bids will be summarily rejected Conditional Bids/Offers by the Bidders The Bidder should abide by all terms and conditions specified in the RFP Document. Conditional bids/offers shall be liable for disqualification Late Tender Bids Any tender offer received by APSFL after the deadline for submission of tender offer prescribed by the Authority, will be summarily rejected. 21

22 7.15. Opening of Bids Bids received within the prescribed closing date and time will be opened on the e-procurement platform, on the date, time and at the address mentioned in the RFP Documents. Price Bid of only those Bidders who fulfilled all the eligibility criteria shall be opened Right to Accept or Reject Bids Authority reserves the right to accept or reject any Bid, and to annul the RFP process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for such action Notification of Award Authority will notify the Successful Bidder via letter / fax / of its intent of accepting the bid. Within 7 days of receipt of the Letter of Acceptance (LoA) issued by the Authority, the Successful Bidder shall be required to sign the LoA and return the same to the address specified above as a token of acceptance of the LoA. Every work order issued is subject to successful testing of boxes supplied Earnest Money Deposit An EMD amount as specified in the Tender Schedule should be paid by way of Bank Guarantee drawn in favour of Andhra Pradesh State FiberNet Limited payable at Vijayawada. The EMD of the unsuccessful Bidders will be returned at the expense of the Bidders within a reasonable time consistent with the rules and regulations in this behalf. The EMD amount held by APSFL till it is refunded to the unsuccessful Bidders will not earn any interest thereof. The EMD amount of the Successful Bidder(s) can be converted as part of Security Deposit (SD) for successful execution of the work and will be returned only after the successful fulfilment of the Contract. The EMD amount will be forfeited by APSFL, if the Bidder withdraws the bid during the period of its validity specified in the tender or if the Successful Bidder fails to sign the contract or the Successful in bidder fails to remit Security Deposit within the respective due dates Performance Bank Guarantee As a condition precedent to execution of the Agreement, the Successful Bidder shall ensure submission of the requisite unconditional irrevocable Bank Guarantee, in the prescribed Format within 15 days of receipt of the LOA as a Performance Bank Guarantee (PBG) for INR 50,00,000 (Fifty Lakhs only) for the services to be performed under the resultant Agreement. The Performance Bank Guarantee shall be valid for the term of the resultant Agreement, and shall be renewed and maintained as necessary by the SI for the term of the resultant Agreement, and extensions if any. In case of any delay/ non-submission of PBG, decision of APSFL shall be final & binding on the bidder. Earnest Money Deposits (EMD) submitted by the bidders along with their bids shall be refunded to all bidders, except the Successful Bidder, within 30 days of issuance of the LOI. EMD of the successful bidder will be considered towards PBG and validity should be extended as per the contract duration. The Performance Bank Guarantee may be liquidated by the Authority as penalty/liquidated damages resulting from the Successful bidder s failure to complete its obligations under the resultant Agreement. The 22

23 Performance Bank Guarantee shall be returned by Authority to the Bidder within 120 days of the term/expiration of the resultant Agreement after applicable deductions as per the Agreement, if any Signing of Agreement Subsequent to Authority notification to the Successful Bidder by way of a LoA, acceptance of the LoA and submission of the Performance Guarantee, the Successful Bidder shall execute the Agreement with the APSFL. Failure of the Successful Bidder to furnish the Performance Guarantee or execute the Agreement within the prescribed time shall cause the EMD of the Successful Bidder to be liquidated. In such event, APSFL shall negotiate with the next eligible bidder. The Successful Bidder will be liable to indemnify APSFL for any additional cost or expense, incurred on account of failure of the Successful Bidder to execute the Agreement. Notwithstanding anything to the contrary mentioned above, the Authority at its sole discretion shall have the right to extend the timelines for execution of Agreement on the request of the Successful Bidder, provided the same is bonafide Rejection Criteria Besides other conditions and terms highlighted in the RFP Document, bids may be rejected under following circumstances: a) Conditional Bids. b) If the information provided by the Bidder is found to be incorrect / misleading / fraudulent at any stage / time during the RFP Evaluation Process. c) Any effort on the part of a Bidder to influence the bid evaluation, bid comparison or contract award decisions. d) Bids received after the prescribed time & date for receipt of bids. e) Bids without signature of person (s) duly authorized on required pages of the bid. f) Bids without power of attorney/ board resolution or its certified true copy. g) Bids received without submission of the prescribed Bid processing fee/emd. h) Incomplete Price Bid. i) Price Bids that do not conform to the RFP s Price Bid Format. j) If there is an arithmetic discrepancy in the Price Bid calculations the RFP Evaluation Committee shall rectify the same. If the Bidder does not accept the correction of the errors, its Bid may be rejected Concessions permissible under statutes Bidder, while quoting against this RFP, must take cognizance of all concessions permissible, if any, under the statutes and ensure the same is passed on to the Authority, failing which it will have to bear extra cost. In case Bidder does not avail concessional rates of levies like customs duty, excise duty, sales tax, etc. APSFL will not take responsibility towards this. However, the Authority may provide necessary assistance, wherever possible, in this regard Bid forms a. Wherever a specific form is prescribed in the bid document, the bidder shall use the form to provide relevant information. b. For all other cases the bidder shall design a form to hold the required information. 23