EoI 026
EoI 026
EoI 026
2023
Corporate Office
Plate-A, 6th Floor, Office Tower-2,
NBCC Building, East Kidwai Nagar, New Delhi-110023
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
EOI NOTICE
RailTel Corporation of India Ltd.
19th Floor, Aurora Waterfront, GN 34/1, Sector V,
Bidhannagar, Kolkata, West Bengal 700091
EXPRESSION OF INTEREST
EOI Notice No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
RailTel Corporation of India Ltd., (hereafter referred to as RailTel) invites EOIs from RailTel’s Empanelled
Partners Selection of Implementation Partner from RailTel Empanelled Business Associate /System
Integrator for exclusive PRE-BID TEAMING ARRANGEMENT for “Supply, Installation & Testing of
Integrated Tunnel Communication system in the Sukhovi-Pherima new single line section of Lumding
Division.”
The details are as under:
1 Date of EOI Floating 7th December ,2023 at 18:00 Hours
2 Last date for submission of Bids against EOI 12th December,2023 at 13:00 Hours
3 Opening of Bids received against EOI 12th December,2023 at 13:30 Hours
4 Number of copies to be submitted Single Stage (Single Packet System)
5 EOI document cost inclusive tax (non- Rs. 5900/- (Five Thousand Nine
refundable) Hundred only)
6 Value of EOI Rs 24,05,72,747.50 /-
7 EOI EMD Rs. 5,00,000/- (Five Lakhs Only) to be
submitted along with EOI. (To be
submitted via online bank transfer) per
tendered SOR Balance EMD of 1% of EoI
value shall be submitted by selected
Business Associate in the form of
BG/DD/online transfer, before
submission of final bid to the end
customer. (With bank SFMS report
marked to Union Bank of India., IFSC
Code UBIN0540161)
Note: RailTel reserves the right to change the above dates at its discretion.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
Initially while participating in EoI the bidder needs to submit EMD i.e., Rs. 5,00,000/- in form of RTGS /
NEFT. The remaining amount may be submitted before the CoR Bid.
The EMD should be in the favour of RailTel Corporation of India Limited payable at KOLKATA through
online bank transfer. Partner needs to share the online payment transfer details like UTR No. date and
Bank along with the proposal.
RailTel Bank Details for Submission of EMD/PBG: Union Bank of India, Account no. 401601010519491,
IFSC Code: UBIN0540161. Demand Draft should be submitted in favour of RailTel Corporation of India
Limited payable at Kolkata.
Eligible Business Associates are required to direct all communications related to this Invitation for EoI
document, through the following Nominated Point of Contact persons:
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
Note:
1. Empanelled partners are required to submit soft copy of response through Online on RailTel’s e-
nivida portal at https://railtel.enivida.com duly signed by Authorized Signatories with Company
seal and stamp.
2. The EOI response is invited from eligible Empaneled Partners of RailTel only.
3. The interested bidder should be OEM/Distributor of OEM/Direct Partner of OEM
4. The interested bidder should submit Documentary proof to establish OEM/Distributor of
OEM/Direct Partner of OEM criteria.
5. If, the interested bidder is OEM/Distributor of OEM/Direct Partner of OEM, it should submit the
supporting document for the same.
6. All the document must be submitted with proper indexing and page no.
7. This is an exclusive pre-RFP partnership arrangement with empaneled business associate of
RailTel for participating in the end customer RFP. Selected partner’s authorized signatory has to
give an undertaking they will not submit directly or indirectly their bids and techno-commercial
solution/association with any other organization once selected in this EOI for pre-bid teaming
arrangement (before and after submission of bid to end customer organization by RailTel). This
undertaking has to be given with this EOI Response.
8. Transfer and Sub-letting. The Business Associate/consortium has no right to give, bargain, sell,
assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let
a third party take benefit or advantage of the present.
9. Bidder has to agree to comply with all scope of work and term and conditions including special
term and condition, SLA and OEM technical & Financial documentation including MAF, Technical
certificates/others as per end-to-end requirement mentioned in the end customer’s RFP as
mentioned below:
10. Anything not mentioned in the EOI, Customer RFP may be referred & considered.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
1. RAILTEL – INTRODUCTION
RailTel Corporation of India Limited (RailTel), an ISO-9001:2000 organization is a Mini Ratna Government
of India undertaking under the Ministry of Railways. The Corporation was formed in Sept 2000 with the
objectives to create nationwide Broadband Telecom and Multimedia Network in all parts of the country,
to modernize Train Control Operation and Safety System of Indian Railways and to contribute to
realization of goals and objective of national telecom policy 1999. RailTel is a wholly owned subsidiary of
Indian Railways.
RailTel has approximately 61000 kms of OFC along the protected Railway tracks. The transport network
is built on high capacity DWDM and an IP/ MPLS network over it to support mission critical
communication requirements of Indian Railways and other customers. RailTel has Tier-III Data Center in
Gurgaon and Secunderabad hosting / collocating critical applications. RailTel is also providing
Telepresence as a Service (TPaaS), where a High-Definition Video Conference facility bundled with
required BW is provided as a Service.
For ensuring efficient administration across India, country has been divided into four regions namely,
Eastern, Northern, Southern & Western each headed by Executive Director and Headquartered at
Kolkata, New Delhi, Secunderabad & Mumbai respectively. These regions are further divided into
territories for efficient working. RailTel has territorial offices at Guwahati, & Bhubaneswar in East,
Chandigarh, Jaipur, Lucknow in North, Chennai & Bangalore in South, Bhopal, and Pune & Ahmedabad
in West. Various other territorial offices across the country are proposed to be created shortly.
RailTel’s business service lines can be categorized into three heads namely B2G/B2B (Business to
Government and Business to Business) and B2C (Business to customers):
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
National Long Distance: Carriage of Inter & Intra -circle Voice Traffic across India using state of the
art NGN based network through its Interconnection with all leading Telecom Operators.
Lease Line Services: Available for granularities from E1 to multiple of Gigabit bandwidth& above.
Dark Fiber/Lambda: Leasing to MSOs/Telco’s along secured Right of Way of Railway tracks.
Co-location Services: Leasing of Space and 1000+ Towers for collocation of MSC/BSC/BTS of
Telco’s.
a) Enterprise Services
Managed Lease Line Services: Available for granularities from E1, DS-3, STM-1 & above
MPLS VPN: Layer-2 & Layer-3 VPN available for granularities from 2 Mbps& above
Dedicated Internet Bandwidth: Experience the “Always ON” internet connectivity at your
fingertips in granularities 2 Mbps to several Gbps
b) DATA CENTER
Infrastructure as a service (IaaS), Hosting as Services, Security operation Centre as a Service (SOCaaS):
RailTel has MeitY empanelled two Tier-III data centres in Gurgaon & Secunderabad. Presently RailTel
is hosting critical applications of Indian Railways, Central & State government/ PSUs applications.
RailTel will facilitate Government’s applications / Hosting services including smooth transition to
secured state owned RailTel’s Data Centers and Disaster Recovery Centres. RailTel also offers SOC as
a Service ‘SOCaaS’. In addition, RailTel offers VPN client services so that employees can seamlessly
access government’s intranet, applications securely from anywhere without compromising security.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
RailTel invites EOIs from RailTel’s Empaneled Partners for the selection of suitable partner for
participating in above mentioned work for the agreed scope work. The empaneled partner is expected
to have excellent execution capability and good understanding customer local environment.
3. SCOPE OF WORK:
The scope of work will be as mentioned in the pertinent end Customer organization Tender for
“Supply, Installation & Testing of Integrated Tunnel Communication system in the Sukhovi-Pherima
new single line section of Lumding Division.” floated through IREPS E-Tender Notice No.
DyCSTE_C_LMG_2023_17_11_R on the IREPS e-tender Portal (www.ireps.gov.in) with all latest
amendment/Corrigendum/ clarifications.
The above scope of work is indicative and the detailed scope of work is given in the end customer
tender documents with latest amendments and clarifications.
In case of any discrepancy or ambiguity in any clause / specification pertaining to scope of work area,
the RFP released by end customer organization shall supersede and will be considered sacrosanct.
(All associated clarifications, response to queries, revisions, addendum and corrigendum, associated
prime service agreement (PSA)/MSA/SLA also included.)
Special Note: RailTel may retain any portion of the work mentioned in the end organization RFP,
where RailTel has competence so that overall proposal becomes most winnable proposal.
The proposal and all correspondence and documents shall be written in English in soft copy through an email.
RailTel reserves the right to accept or reject any response and annul the bidding process or even reject all
responses at any time prior to selecting the partner, without thereby incurring any liability to the affected
bidder or Business Associate or without any obligation to inform the affected bidder or bidders about the
grounds for RailTel’s action.
The bidder is expected to examine all instructions, forms, terms and conditions and technical specifications in
the bidding documents. Submission of bids, not substantially responsive to the bidding document in every
aspect will be at the bidder’s risk and may result in rejection of its bid without any further reference to the
bidder.
All pages of the documents shall be signed by the bidder including the closing page in token of his having
studies the EOI document and should be submitted along with the bid.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
Bids shall remain valid for a period of 180 days from the last date of submission of bids to end Customer
organization.
4.6.1 The Business Associate shall furnish a sum as given in EOI Notice via online transfer from any scheduled
bank in India in favour of “RailTel Corporation of India Limited” along with the offer. This will be called
as EOI EMD.
4.6.2 Offers not accompanied with valid EOI Earnest Money Deposit shall be summarily rejected.
4.6.3 In case of sole partner/ consortium offer is selected for bidding, sole partner/consortium has to furnish
Earnest Money Deposit (for balance amount as mentioned in the customer’s Bid as and if applicable)
for the bid to RailTel. The selected Business Associate shall have to submit a Bank Guarantee against
EMD in proportion to the quoted value/scope of work to RailTel before submission of bid to end
customer as and if applicable.
4.6.4 Return of EMD for unsuccessful Business Associates: EOI EMD of the unsuccessful Business Associate
shall be returned without interest after completion of EOI process.
4.6.5 Return of EMD for successful Business Associate: EOI-EMD & Earnest Money Deposit (balance
proportionate EMD) if applicable of the successful bidder will be discharged / returned as promptly as
possible after the receipt of RailTel’s EMD/BG from the Customer and or on receipt of Security Deposit
Performance Bank Guarantee as applicable (clause no. 4.7) from Business Associate whichever is later.
4.6.6 Forfeiture of EOI EMD or EOI EMD & EMD (balance proportionate EMD) and or Penal action as per EMD
Declaration:
4.6.6.1 The EOI EMD may be forfeited and or penal action shall be initiated if a Business Associate withdraws
his offer or modifies the terms and conditions of the offer during validity period.
4.6.6.2 In case of non-submission of SD/PBG (as per clause no. 4.7) lead to forfeiture of EOI EMD, EMD (balance
proportionate EMD) if applicable and or suitable action as prescribed in the EMD Declaration shall be
initiated as applicable.
4.7.1 In case the bid is successful, the PBG of requisite amount proportionate to the agreed scope of the
work will have to be submitted to RailTel.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
4.7.2 As per work share arrangements agreed between RailTel and Business Associate the PBG will be
proportionately decided and submitted by the selected Business Associate.
EOI response must be submitted to RailTel at the email address specified in the preamble not later than
the specified date and time mentioned in the preamble.
EOI response once submitted will treated, as final and no modification will be permitted except with the
consent of the RailTel.
No Business Associate shall be allowed to withdraw the response after the last date and time for
submission.
The successful Business Associate will not be allowed to withdraw or back out from the response
commitments. In case of withdrawal or back out by the successful business associate, the Earnest Money
Deposit shall be forfeited and all interests/claims of such Business Associate shall be deemed as foreclosed
Sole partner/ consortium with lowest (L1) offer will be selected for exclusive pre-bid arrangement for
optimizing technical and commercial solution so that most winnable solution is submitted to end
customer.
The final bid for the tender will be prepared jointly with the selected Business Associate/Consortium so
that the optimal bid can be put with a good chance of winning the Tender.
To assist in the examination, evaluation and comparison of bids the purchaser may, at its discretion, ask
the Business Associate for clarification. The response should be in writing and no change in the price or
substance of the EOI response shall be sought, offered or permitted.
5.1 The interested bidder should be an Empanelled Partner with RailTel on the last date of bid
submission of EOI & has to provide relevant documents
5.2 The interested bidder should be OEM/Distributor of OEM/Direct Partner of OEM
5.3 The interested bidder should submit Documentary proof to establish OEM/Distributor of
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
5.10 The interested bidder should not be seeking / extending / exploring similar arrangements /
engagements with any other organization except RailTel, for the CoR tender.
A) Financial Conditions
C) Annexures
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
6. BIDDER’S PROFILE
7. EVALUATION CRITERIA
7.1 The Business Associates are first evaluated on the basis of the Eligibility Criteria as per clause 5 above.
7.2 The Business Associate (the bidder) will be selected on the lowest quote (L-1) basis for complete
‘Scope of Work’ as mentioned in the EOI document and documents of technical specifications of CoR,
subject to the respective overall bid is in compliance to the requirements of this EOI. The so selected
partner will be termed as ‘Commercially Suitable Partner (hereafter referred to as ‘CSP’)’. It is re-
mentioned, that the final selection of CSP will be on the L-1 basis only. Further, RailTel reserves the
right to have negotiation with the CSP at any stage before issuing Work Order.
7.3 The Business Associate with lowest commercial (L1) offer will be selected for exclusive pre-bid
arrangement for optimizing technical and commercial solution so that most winnable solution is
submitted to end customer.
7.4 RailTel reserves the right to accept or reject the response against this EOI, without assigning any
reasons. The decision of RailTel is final and binding on the participants. The RailTel evaluation
committee will determine whether the proposal/ information is complete in all respects and the
decision of the evaluation committee shall be final. RailTel may at its discretion assign lead factor to
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
the Business associate as per RailTel policy for shortlisting partner against this EOI.
7.5 All General requirement mentioned in the Technical Specifications are required to be complied. The
solution proposed should be robust and scalable.
8. PAYMENT TERMS
(ii) 20% payment will be released after successful Installation and Testing of thework at
respective site & after the issue of PAC or after completion of last phase of work.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
i. Payment will only be released once GSTR-1 and GST-3B is filed by the bidder for claimed
invoice.
ii. Last bills shall be settled after end of the contract period after adjusting all outstanding
dues.
iii. No interest is payable on any amount whatsoever to the successful Bidder.
iv. Final Costing and Reverse Auction: The Bidder has to revise it cost during RA and the same will be
considered as the final Bidding value of the EoI. The Work Order will be issued on the final
negotiated rates after Reverse Auction.
The selected bidder will be required to adhere to the SLA matrix as defined in the end Customer organization
tender for his scope of work and the SLA breach penalty will be applicable proportionately on the selected
bidder, as specified in the end Customer organization Tender. The SLA scoring and penalty deduction
mechanism for in-scope of work area shall be followed as specified in the Tender. All associated clarifications,
responses to queries, revisions, addendum and corrigendum, associated Prime Services Agreement (PSA)/
MSA/ SLA also included. Any deduction by Customer from RailTel payments on account of SLA breach which
is attributable to Partner will be passed on to the Partner proportionately in terms of value based on its scope
of work.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
Notwithstanding and without prejudice to any rights whatsoever of RailTel under the contract in the
matter, the proceeds of the PBG shall be payable to RailTel as compensation for any loss resulting from
the CSP’s failure to complete its obligations under the contract. RailTel shall notify the CSP in writing of
the exercise of its right to receive such compensation within 14 days, indicating the contractual
obligation(s) for which the CSP is in default.
c) RailTel shall also be entitled to make recoveries from the CSP’s bills, PBG or from any other amount due
to him, the equivalent value of any payment made to him due to inadvertence, error, collusion,
misconstruction or misstatement.
d) If the service period gets extended by virtue of extension of same by CoR, PBG should also be extended
accordingly.
e) During the contract period, RailTel may issue Purchase Order(s) for the additional services ordered by CoR
(in case) to RailTel.
f) In case the CoR has sought PBG of the contract in the terms of Indemnity Bond from RailTel, the selected
bidder has to provide the equivalent value PBG from scheduled Bank to RailTel. No Indemnity Bond from
Selected Bidder will be accepted in lieu of PBG from Scheduled Bank.
g) In case CoR has sought any other types of PBG in this contract at present or in future or else Integrity Pact
PBG (presently or in future), same remain applicable on selected Bidder. The Said PBG will be issued by
Selected Bidder from Scheduled Bank favouring RailTel Corporation of India Limited. No Indemnity Bond
in lieu of such PBG will be accepted by RailTel.
h) If, CoR ask for submission for value more than 10%, same also needs to be submitted by the selected BA.
13. Insurance:
The CSP agrees to take insurances to cover all the elements of the project under this EOI including but not
limited to Manpower, Hardware, Software etc. as per CoR tender specified terms.
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iv. Bidder will be custodian of all the material till installation and commissioning of system.
16.Other Conditions:
Bidder has to agree to comply with all scope of work and term and conditions including special term and
condition, SLA and OEM technical & Financial documentation including MAF, Technical
certificates/others as per end-to-end requirement mentioned in the end customer’s RFP as mentioned
below:
a) Immediately after the completion of the work at all the sites, the Bidder shall certify and advise the
purchaser in writing that the installation is complete, commissioned and ready for handing over to
customer.
b) The tests will be conducted jointly by purchaser and Bidder as soon as possible after receipt of such advice
of completion of the work from the Bidder. The test schedule shall be finalized mutually between the
Bidder and RailTel. Any component/modules/sub-assemblies or equipment failing during the
commissioning shall be replaced/repaired free of cost by tenderer.
c) Purchaser's Engineer shall issue a Provisional Acceptance Certificate (PAC) after successful Installation,
Configuration, integration & commissioning of all materials and services included in the Schedule of
Requirements after the acceptance test as per the approved test procedure have been completed and the
performance has been found to meet the specifications. RailTel’s decision in this respect shall be final. The
Provisional Acceptance Certificate (PAC) shall be signed by both the parties. The period of Comprehensive
Maintenance shall commence from the date of issue of Provisional Acceptance Certificate (PAC).
a) The final acceptance of the works shall take effect after One year i.e. 12 months of issue of Provisional
Acceptance Certificates, provided in any case that the Bidder has complied fully with his obligations in
respect of each item under the contract
b) Notwithstanding the issue of Final Acceptance Certificate (FAC), the Bidder and the purchaser (subject to
Sub Clause as above) shall remain liable for fulfilment of any obligation incurred under the provision of
the contract prior to the issue of Final Acceptance Certificate which remains unperformed at the time such
certificate is issued and for determining the nature and extent of such obligation the contract shall be
deemed to remain in force between the parties hereto.
Note: Depending on RailTel’s business strategy RailTel may choose to work with Partner who is most
likely to support in submitting a winning bid.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
To,
Dear Sir,
Having examined the Invitation for EoI document bearing the reference number
released by your esteemed organization, we, undersigned, hereby
acknowledge the receipt of the same and offer to participate in conformity with the said
Invitationfor EoI document.
If our application is accepted, we undertake to abide by all the terms and conditions mentioned
inthe said Invitation for EoI document.
We hereby declare that all the information and supporting documents furnished as a part of our
response to the said Invitation for EoI document, are true to the best of our knowledge. We
understand that in case any discrepancy is found in the information submitted by us, our EoI is
liable to be rejected.
Authorized
SignatoryName
Designation
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
To,
Dear Sir,
1) Having examined the Technical specifications mentioned in this EOI & end customer tender, we hereby
confirm that we meet all specification.
2) We agree to abide by all the technical, commercial & financial conditions of the end customer
RFP for which EOI is submitted (except pricing, termination & risk purchase rights of the RailTel). We
understand and agree that RailTel shall release the payment to selected sole partner/lead partner in case of
consortium after the receipt of corresponding payment from end customer by RailTel. Further we
understand that in case selected sole partner/lead partner in case of consortium fails to execute assigned
portionof work, then the same shall be executed by RailTel through third party or departmentally at the risk
and cost of selected sole partner/lead partner in case of consortium.
3) We agree to abide by all the technical, commercial & financial conditions of the end customer’s RFP for the
agreed scope of work for which this EOI is submitted.
4) We hereby agree to comply with all OEM technical & Financial documentation including MAF, Technical
certificates/others as per end to end requirement mentioned in the end customer’s RFP. We are hereby
enclosing the arrangement of OEMs against each of the BOQ item quoted as mentioned end customer’s RFP.
We also undertake to submit MAF and other documents required in the end Customer organization tender in
favour of RailTel against the proposed products.
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EOI No: RAILTEL/ER/MKT/EOI/2023-24/Tender/026 DTD 07.12.2023
5) We hereby certify that any services, equipment and materials to be supplied are produced in eligible source
country complying with OM/F. No. 6/18/2019 dated 23rd July 2020 issued by DoE, MoF.
6) We hereby undertake to work with RailTel as per end customer’s RFP terms and conditions. We confirm to
submit all the supporting documents constituting/ in compliance with the Criteria as required in the end
customer’s RFP terms and conditions like technical certificates, OEM compliancedocuments.
7) We understand and agree that RailTel is intending to select sole partner/ consortium who is willing to accept all
terms &conditions of end customer organization’s RFP for the agreed scope of work. RailTel will strategies to
retain scope of work where RailTel has competence.
8) We hereby agree to submit that in case of being selected by RailTel as sole partner/ consortium for the
proposed project(for which EOI is submitted), we will submit all the forms, appendix, relevant documents
etc. to RailTel that is required and desired by end Customer well before the bid submission date by end
customer and as and when required.
9) We hereby undertake to sign Pre Bid Agreement and Non-Disclosure Agreement with RailTel on a non-
judicial stamp paper of Rs. 100/- in the prescribed Format.
10) We undertake that we will not submit directly or indirectly out bids and techno-commercial
solution/association with any other organization once selected in this EOI for pre-bid teaming arrangement
(before and after submission of bid to end customer organization by RailTel)
Authorized Signatory
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To,
hereby declares that that the Company has not been blacklisted/debarred by any
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2. I/we the BA(s) also accept all the conditions of the EOI and have signed all the pages in confirmation
thereof.
3. I/we hereby declare that I/we have downloaded the EOI documents from RailTel website
www.railtel.enivida.com. I/we have verified the content of the document from the website and there
is no addition, no deletion or no alternation to be content of the EOI document. In caseof any
discrepancy noticed at any stage i.e. evaluation of EOI, execution of work or final payment of the
contract, the master copy available with the RailTel Administration shall be final and binding upon
me/us.
4. I/we declare and certify that I/we have not made any misleading or false representation in the forms,
statements and attachments in proof of the qualification requirements.
5. I/we also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
6. I/we declare that the information and documents submitted along with the EOI by me/us arecorrect
and I/we are fully responsible for the correctness of the information and documents,submitted by
us.
7. I/we undersigned that if the certificates regarding eligibility criteria submitted by us are foundto be
forged/false or incorrect at any time during process for evaluation of EOI, it shall lead to forfeiture of
the EOI EMD besides banning of business for five years on entire RailTel. Further, I/we (insert name
of the BA)** and all my/our constituents
understand that my/our constituents understand that my/our offer shall be summarilyrejected.
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8. I/we also understand that if the certificates submitted by us are found to be false/forged or incorrect
at any time after the award of the contract, it will lead to termination of the contract,along with
forfeiture of EMD/SD and Performance guarantee besides any other action provided in the contract
including banning of business for five years on entire RailTel.
DEPONEN
TSEAL AND
SIGNATUREOF
THE BA
VERIFICATION
I/We above named EOI do hereby solemnly affirm and verify that the contents of my/our
aboveaffidavit are true and correct. Nothing has been concealed and no part of it is false.
DEPONENT
SEAL AND
SIGNAURE
Place: OF THE BA
Dated
:
**The contents in Italics are only for guidance purpose. Details as appropriate, are to befilled
insuitably by BA. Attestation before Magistrate/Notary Public.
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NON-DISCLOSURE AGREEMENT
This Non-Disclosure Agreement (this “Agreement”) is made and entered into on this
day of , 2023 (the “Effective Date”) at .
By and between
And
WHEREAS, the Parties have initiated discussions regarding a possible business relationship for
.
WHEREAS, each Party accordingly desires to disclose certain Information (each Party, in such
disclosing capacity, the “Disclosing Party”) to the other Party (each Party, in such receiving capacity,
the “Receiving Party”) subject to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the receipt of certain Information, and the mutual
promises made in this Agreement, the Parties, intending to be legally bound, hereby agree as follows:
1. Permitted Use.
(ii) use such Information for the purpose of evaluating the possibility of
enteringinto a commercial arrangement between the Parties concerning such Information; and
(b) The restrictions on Receiving Party’s use and disclosure of Information as set forth
above shall not apply to any Information that Receiving Party can demonstrate:
(i) is wholly and independently developed by Receiving Party without the use of
Information of Disclosing Party;
(ii) at the time of disclosure to Receiving Party, was either (A) in the public
domain, or (B) known to Receiving Party;
(c) Both parties further agree to exercise the same degree of care that it exercises to protect its own
Confidential Information of a like nature from unauthorised disclosure, but in no event shall a less than
reasonable degree of care be exercised by either party.
2. Designation.
(a) Information shall be deemed confidential and proprietary and subject to the
restrictions of this Agreement if, when provided in:
3. Cooperation. Receiving Party will immediately give notice to Disclosing Party of any
unauthorized use or disclosure of the Information of Disclosing Party.
4. Ownership of Information. All Information remains the property of Disclosing Party and no
license or other rights to such Information is granted or implied hereby. Notwithstanding the
foregoing, Disclosing Party understands that Receiving Party may currently or in the future be
developing information internally, or receiving information from other parties that may be similar to
Information of the Disclosing Party. Notwithstanding anything to the contrary, nothing in this
Agreement will be construed as a representation or inference that Receiving Party will not develop
products, or have products developed for it, that, without violation of this Agreement, compete with
the products or systems contemplated by Disclosing Party’s Information.
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5. No Obligation. Neither this Agreement nor the disclosure or receipt of Information hereunder
shall be construed as creating any obligation of a Party to furnish Information to the other Party or to
enter into any agreement, venture or relationship with the other Party.
(a) All Information shall remain the sole property of Disclosing Party and all materials
containing any such Information (including all copies made by Receiving Party) and its Representatives
shall be returned or destroyed by Receiving Party immediately upon the earlier of:
(iii) Receiving Party’s determination that it no longer has a need for such
Information.
(b) Upon request of Disclosing Party, Receiving Party shall certify in writing that all
Information received by Receiving Party (including all copies thereof) and all materials containing such
Information (including all copies thereof) have been destroyed.
7. Injunctive Relief: Without prejudice to any other rights or remedies that a party may have,
each party acknowledges and agrees that damages alone may not be an adequate remedy for any
breach of this Agreement, and that a party shall be entitled to seek the remedies of injunction, specific
performance and/or any other equitable relief for any threatened or actual breach of this Agreement
8. Notice.
(a) Any notice required or permitted by this Agreement shall be in writing and shall be
delivered as follows, with notice deemed given as indicated:
(iii) by certified or registered mail with return receipt requested, upon verification
of receipt.
(b) Notice shall be sent to the following addresses or such other address as either Party
specifies in writing.
Attn:
Address:
Phone:
Email.
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Attn:
Address:
Phone:
Email:
(a) Unless terminated earlier in accordance with the provisions of this agreement, this Agreement
shall be in full force and effect for a period of years from the effective date hereof.
(b) Each party reserves the right in its sole and absolute discretion to terminate this Agreement
by giving the other party not less than 30 days' written notice of such termination.
(c) Notwithstanding the foregoing clause 9(a) and 9 (b) , Receiving Party agrees that its
obligations, shall:
10. Governing Law and Jurisdiction. This Agreement shall be governed in all respects solely and
exclusively by the laws of India without regard to its conflicts of law principles. The Parties hereto
expressly consent and submit themselves to the jurisdiction of the courts of New Delhi.
11. Counterparts. This agreement is executed in duplicate, each of which shall be deemed to be
the original and both when taken together shall be deemed to form a single agreement
12. No Definitive Transaction. The Parties hereto understand and agree that no contract or
agreement with respect to any aspect of a potential transaction between the Parties shall be deemed
to exist unless and until a definitive written agreement providing for such aspect of the transaction has
been executed by a duly authorized representative of each Party and duly delivered to the other Party
(a "Final Agreement"), and the Parties hereby waive, in advance, any claims in connection with a
possible transaction unless and until the Parties have entered into a Final Agreement.
a) The parties shall, at the first instance, attempt to resolve through good faith negotiation and
consultation, any difference, conflict or question arising between the parties hereto relating
to or concerning or arising out of or in connection with this agreement, and such negotiation
or consultation shall begin promptly after a Party has delivered to another Party a written
request for such consultation.
b) In the event of any dispute, difference, conflict or question arising between the parties hereto,
relating to or concerning or arising out of or in connection with this agreement, is not settled
through good faith negotiation or consultation, the same shall be referred to arbitration by a
sole arbitrator.
c) The sole arbitrator shall be appointed by CMD/RailTel out of the panel of independent
arbitrators maintained by RailTel, having expertise in their respective domains. The seat and
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the venue of arbitration shall be New Delhi. The arbitration proceedings shall be in accordance
with the provision of the Arbitration and Conciliation Act 1996 and any other statutory
amendments or modifications thereof. The decision of arbitrator shall be final and binding on
both parties. The arbitration proceedings shall be conducted in English Language. The fees and
cost of arbitration shall be borne equally between the parties.
Without the Disclosing Party’s prior written consent, the Receiving Party shall not disclose to any
Person who is not a Representative of the Receiving Party the fact that Confidential Information has
been made available to the Receiving Party or that it has inspected any portion of the Confidential
Information or that discussions between the Parties may be taking place.
15. REPRESENTATION
The Receiving Party acknowledges that the Disclosing Party makes no representation or warranty as
to the accuracy or completeness of any of the Confidential Information furnished by or on its behalf.
Nothing in this clause operates to limit or exclude any liability for fraudulent misrepresentation.
16. ASSIGNMENT
Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be
assigned, in whole or in part, by operation of law or otherwise by any of the Parties without the prior
written consent of each of the other Parties. Any purported assignment without such consent shall
be void. Subject to the preceding sentences, this Agreement will be binding upon, inure to the
benefit of, and be enforceable by, the Parties and their respective successors and assigns.
Each Party shall advise its Representatives, contractors, subcontractors and licensees, and shall
require its Affiliates to advise their Representatives, contractors, subcontractors and licensees, of the
obligations of confidentiality and non-use under this Agreement, and shall be responsible for
ensuring compliance by its and its Affiliates’ Representatives, contractors, subcontractors and
licensees with such obligations. In addition, each Party shall require all persons and entities who are
not employees of a Party and who are provided access to the Confidential Information, to execute
confidentiality or non-disclosure
agreements containing provisions no less stringent than those set forth in this Agreement. Each Party
shall promptly notify the other Party in writing upon learning of any unauthorized disclosure or use
of the Confidential Information by such persons or entities.
18. NO LICENSE
Nothing in this Agreement is intended to grant any rights to under any patent, copyright, or other
intellectual property right of the Disclosing Party, nor will this Agreement grant
the Receiving Party any rights in or to the Confidential Information of the Disclosing Party, except as
expressly set forth in this Agreement.
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entity between the parties for any purpose whatsoever. Neither party has any power or authority
to bind the other party or impose any obligations on it and neither party shall purport to do so or
hold itself out as capable of doing so.
21 MISCELLANEOUS. This Agreement constitutes the entire understanding among the Parties as to
the Information and supersedes all prior discussions between them relating thereto. No amendment
or modification of this Agreement shall be valid or binding on the Parties unless made in writing and
signed on behalf of each Party by its authorized representative. The failure or delay of any Party to
enforce at any time any provision of this Agreement shall not constitute a waiver of such Party’s right
thereafter to enforce each and every provision of this Agreement. In the event that any of the terms,
conditions or provisions of this Agreement are held to be illegal, unenforceable or invalid by any court
of competent jurisdiction, the remaining terms, conditions or provisions hereof shall remain in full
force and effect. The rights, remedies and obligations set forth herein are in addition to, and not in
substitution of, any rights, remedies or obligations which may be granted or imposed under law or in
equity.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.
By By
Name: Name:
Title: Title:
Witnesses
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BG NO :
BG AMOUNT : Rs xxxxxxx /-
We, Bank Name a banking company incorporated under the Companies Act, 1956 and carrying on
Banking Business under The Banking Regulation Act, 1949 and having its Registered Office at Bank’s
Address and its Central office at Bank’s Corporate Office Address (indicate the name of the Bank) here
in after referred to as “the Bank”) at the request of Partner’s Name Contractor(s) do hereby undertake
to pay the RailTel an amount not exceeding Rs /- (In Words) .. against any loss or damage caused to
or suffered or would be caused to or suffered by the RailTel by reason of any breach by said
Contractor(s) of any of the terms or conditions contained in the said Agreement.
We, Bank Name do here by undertake to pay the amounts due and payable under this Guarantee
without any demur, merely on demand from the RailTel stating that the amount as claimed is due by
way of loss or damage caused to or would be caused to or suffered by the RailTel by reason of breach
by the said Contractor(s) of any terms and conditions contained in the said Agreement or by the
Contractor(s) failure to perform the said Agreement. Any such demand made on the Bank shall be
conclusive as regards the amount due and payable by the Bank under this guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding Rs. /- (In Words).
We, Bank’s Name undertake to pay to the RailTel any money so demanded not with standing any
dispute or disputes raised by the Contractor(s) / Supplier(s) in any suit or proceedings pending before
any court or Tribunal relating thereto our liability under this present being, absolute and unequivocal.
The payment so made by us under this Bond shall be a valid discharge of our liability for payment there
under and the Contractor(s)/ Supplier(s) shall have no claim against us for making such payment.
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We, Bank’s Name further agree that the Guarantee here in contained shall remain in full force and
effect during the period that would be taken for the performance of the said Agreement and that it
shall continue to be enforceable till all the dues of the RailTel under or by virtue of the said Agreement
have been fully paid and its claims satisfied or discharged or till RailTel certifies that the terms and
conditions of the said Agreement have been fully and properly carried out by the said Contractor(s)
and accordingly discharge this Guarantee. Unless a demand or claim under the Guarantee is made on
us in writing on or before the DD-MM-YYYY(Claim Expiry Date.) We shall be discharged from all
liability under this Guarantee thereafter.
We, Bank’s Name further agree with the RailTel that the RailTel shall have the fullest liberty without
our consent and without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the Agreement or to extend time or to postpone for any time or from time to time
any of the powers exercisable by the RailTel against the said contractor(s) and to forbear or enforce
any of the terms and conditions relating to the said Agreement and we shall not be relieved from our
liability by reason of any such variation, or extension to the said Contractor(s) or for any forbearance,
act or omission on the part of RailTel or any indulgence by the RailTel to the said Contractor(s) or by
any such matter or thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
This Guarantee will not be discharged due to the change in the Constitution of the bank or the
Contractor(s) Supplier(s).
Bank’s Name lastly undertake not to revoke this Guarantee during its currency except with the
previous consent of the RailTel in writing.
Date : DD-MM-YYYY
Place :
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Annexure-8: Deleted
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Note: -
All the above price would be in INR only.
The above price would include One Years Warranty Support.
The bidder has to compulsorily quote for all items mentioned in the
Commercial-bid Tables. In case bidder fails to quote for any of this
stage,the bid would be summarily rejected.
Above is indicative, however the quantity may increase or decrease at
the time of placing the purchase order as per actual.
Tenderer shall quote rates inclusive of Taxes, but there should be break up of
basic price and all type of applicable taxes and GST in a separate sheet
(to be uploaded with Price-Bid)
The bidder is expected to submit a separate sheet, which includes the
details of tax applicable for each component of the SOR, the breakup of
price for each item of SOR in terms of Basic Unit Price, GST, Excise duty,
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