Annual Maintenance Agreement

For

Remote Access Servers for NIB "C" Type Nodes

Supplied By

M/s ITI Limited

to

Bharat Sanchar Nigam Limited

(Ref: Tender NO. BSNL/DNW/Tech-4601/2003)
Annual Maintenance Agreement

for

RAS ( TC-1000) supplied by M/s ITI Limited

to

Bharat Sanchar Nigam Limited

This Annual Maintenance Agreement (the “Agreement”) is made at New Delhi on 05-10-2006 by and between:

Bharat Sanchar Nigam Limited, O/o The Chief General Manager Data Networks at CTS Compound, Netaji Nagar, New Delhi-110023 (hereinafter referred to as “BSNL”)

AND

ITI Limited, a company incorporated and registered under the Companies Act, 1956, having its registered office at ITI Bhavan, Doorvani Nagar, Bangalore, India (hereinafter referred to as the “M/s ITI")

NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

  1. DEFINITIONS

1.1The "Equipment" shall mean the RAS remote Access Server and its components including Hardware and Software procured from M/s ITI.

1.2The faults will be classified as Major faults and Minor faults.

1.3"Major Fault” means any fault if it affects the Quality of Service/ Availability of Service of more than:

(a) 20% ports of the supplied equipment at Low Capacity Node

(b) 10% ports of the supplied equipment at Medium Capacity Node

(c) 5% ports of the supplied equipment at High Capacity Node

"Minor Fault": The other faults will be termed as Minor faults.

(The details of the Node where High, Medium and Low capacity equipment that has been installed and commissioned is available at Annexure-I.)

1.4 “Scheduled Downtime” shall mean the period for which the given RAS is intentionally made unavailable for maintenance purposes. The scheduled downtime shall be as mutually agreed upon between BSNL and M/s ITI representative. The scheduled downtime will not be considered for downtime calculation.

1.5“M/s ITI Personnel” shall mean the support staff designated and authorized by M/s ITI for delivering the support and services covered under this agreement.

1.6“Resolution Time” – shall mean time taken to resolve a problem related to the supplied equipment covered under this agreement.

1.7“Support Service” shall mean – the support services for the equipment supplied by M/s ITI as per the details given in Annexure-I and Annexure-II.

1.8“AMC” shall mean Annual Maintenance Contract/Annual Maintenance Agreement.

1.9 “NIB-I” is National Internet Backbone Phase-I, BSNL’s Internet Infrastructure.

1.10“NIB-II” is National Internet Backbone Phase-II, BSNL’s Internet Infrastructure.

  1. TERM AND SCOPE OF SERVICES

2.1The Annual Maintenance Contract (hereinafter called AMC) shall start immediately after warranty period ends and this agreement shall be valid for a period of three years with effect from July 20, 2006 till July 19, 2009(the “Term”) for AMC.

2.2During the term, M/s ITI shall

  1. Diagnose the hardware and software faults.
  2. Rectify the hardware/software faults detected within defined time frame or Arrange to get and replace any faulty or defective card/module/sub-assembly within the defined timeframe.
  3. Maintain the stock of spares, Printed Circuit Boards, Sub-Assemblies and Accessories.
  4. Repair/replace the faulty PCBs and any other part etc of the equipment.
  5. Carry out On-site preventive maintenance every six months as per the mutually agreed schedule and method defined in Annexure-V.
  6. Upkeep the software periodically and supply to BSNL, all relevant global software upgrades issued by the manufacturer(s) free-of-cost, as part of the AMC as well as to provide maintenance support of these upgrades.
  7. Upgrade the software version.
  8. Carry out all the changes in the hardware/software versions as may be necessitated due to upgradation/changes in technology of the system or produce range by the supplier at free of cost.
  9. To get the problem attended to by M/s ITI specialist, if the problem is not fixed within specified resolution time and getting it resolved thereafter. However the delay in resolution of any problem will attract the penalty provisions specified in this agreement.

The Services provided under this AMC Agreement shall extend to and include RAS (TC-1000) equipment and its sub-assemblies and components (Hardware and Software included) purchased by BSNL from M/s ITI. However BSNL reserves the right to deploy/divert these RAS within any of the locations mentioned in Annexure-II and to any other location not mentioned in Annexure-II. However, the diversion of these RAS to any other location, not mentioned in Annexure-II shall be with mutual agreement. M/s ITI shall provide support to all such RAS (or subassemblies e.g. ARC, DSP cards etc.) diverted to other locations, once agreed at no extra cost. BSNL shall intimate in writing to M/s ITI, for any diversions.

2.3Following services are excluded from the scope of this Agreement:

  • Day to day monitoring of networking equipment.
  • Network Administration and generation of reports.
  • Repair damage(s) to the equipments arising out of (i) accident, negligence or misuse by BSNL and (ii) acts of third person other than if the third person is an employee of M/s ITI (iii) D.C. voltage fluctuations beyond the permissible limits (iv) fires, floods, windstorms, riots, strikes, acts of God, acts of public enemy.

2.4The cards/chassis shall have to be permanently sign-written by the ITI so as to avoid any issues of mixing up. The name of the ITI and the PO date has to be mentioned on the cards/chassis.

2.5All the Major faults shall be rectified within the following duration of its reporting to M/s ITI :

  • 12 Hrs for High capacity nodes
  • 24 hours for Medium and Low capacity nodes

All Minor faults shall be rectified within the following duration of its reporting to the M/s ITI

  • 72 hours for Minor Faults

Any non-operation of the card due to configuration change of the card/equipment in which the card is installed, done by BSNL/any third person, other than assigned by M/S ITI will not be considered for downtime calculation.

2.6During the term M/s ITI shall assign an account support manager for BSNL, who shall act as a single point of contact for BSNL for any service related issues other than the Technical support engineers. In addition the account support manager shall, review the support and Services on Quarterly basis with BSNL.

2.7Where the Service involves replacement of defective equipment or part with a equipment or part with different serial number, the replaced equipment or part shall become the property of BSNL and the defective one will become property of ITI Limited.

2.8M/s ITI shall be solely responsible for the maintenance and repair of the RAS equipment including its software/hardware systems, equipment and parts, thereof and BSNL shall not be liable to interact with its partners/collaborators or sub-contractors of M/s ITI.

  1. SPARES STOCKING
  • M/S ITI shall maintain spares/stock of the Printed Circuit Boards/sub-assemblies and accessories etc. for the purpose of rectifying the faults and shall keep an up to date record. The same shall be liable for inspection by BSNL Team.
  • M/S ITI will stock the critical spares as per clause 3(ii)of Annexure II of Tender Document.
  • However, it will be the responsibility of M/S ITI to get the defective card replaced at any of the locations within the defined time frame, failure to so will attract penalty as per the provisions of this agreement.
  • Further, the replaced cards shall have to be permanently sign-written by M/s ITI so as to avoid any issues regarding mixing of cards supplied by other vendors (Supplier of the chassis and other equipment) and M/s ITI.
  • As per the clause 9.1(b) of Tender document , In the event of termination of the production of spare parts,:-

(i)M/s ITI shall give advance notification to the BSNL of the pending termination (not less than 2 year), in sufficient time to enable the BSNL to procure the life time spares.

(ii)Following such advance intimation of termination, furnishing the blueprints, drawings and specifications of the spare partsby M/s ITI at no cost to BSNL, if and when requested.

  • After the expiry of the 3 years maintenance contract, it will be optional for BSNL to enter or not to enter into AMC further with M/S ITI. In such circumstances, M/s ITI will be bound to hand over the spare parts/sub assemblies/printed circuit boards, etc. to BSNL.
  1. CONSIDERATION AND PAYMENT

4.1In consideration of receiving the Services, BSNL agrees to pay M/S ITI, charges at the rate of Rs 13,654,624/- per annum ( Indian Rupees One Crore Thirty Six Lakhs Fifty four thousand six hundred and twenty four rupees only)aggregating to Rs.4,09,63,872 (Indian Rupees Four Crore Nine Lakhs Sixty Three Thousand Eight Hundred and Seventy Two only) for 3-years i.e. the entire Term of this Agreement. Income Tax will be deducted at source.

(The annual charges, does not include Service Tax. Service Tax if applicable will be paid separately by BSNL over and above the annual charges.)

4.2The AMC charges shall be paid by BSNL to M/S ITI on quarterly basis at the end of the respective quarter subject to deduction of penalties, Income Tax etc.

4.3M/S ITI shall submit a Performance Bank Guarantees for the amount of AMC i.e. for Rs 20,50000 (Rupees Twenty Lakhs Fifty Thousand only) at the time of signing of the AMC agreement, valid for 39 months from the start of the agreement. This PBG shall be submitted to Data Networks, BSNL. Although AMC shall be signed between the Data Networks, BSNL and M/s ITI, the implementation of the AMC will be done by respective Telecom Circles/NIB circle coordinators."

4.4This AMC payment will be made only after ITI submits quarterly report and “no fault pending” report from the BSNL node-in-charges for the quarter for which the payment is due. “No fault pending” reports may be obtained via fax/email. The format of ‘No Fault Pending Report’ is attached at Annexure-IX.

4.5Six monthly Preventive maintenance report signed by BSNL Node-in-charges will be submitted for every Alternate quarterly AMC Paymentto the concerned NIB Circle Coordinator who will be responsible for the processing of the AMC Payment related activities for the concerned Telecom circle. The list of NIB Node In-charges is attached at Annexure-IV.

4.6In case the signed Preventive Maintenance reports from all concerned Nodes in a Telecom circle are not submitted by ITI, the payment for that alternate quarter shall not be released.

4.7Paying authority for quarterly AMC charges shall be Chief General Manager of the respective Telecom Circles where the equipment has been supplied. The Calculation of the amount for all Telecom Circles is attached at Annexure VIII. The amount payable shall be the amount after all the penalty charges have been levied (if any).

4.8All the NIB Circle Coordinators shall ensure about the amount of the AMC charges, Penalty charges etc, are correct for their Telecom Circles.

4.9The entire process of repair/replacement of the defective cards has to be completed with in stipulated no. of hours as indicated in point 2.5 above and this shall be calculated from the time of reporting/logging the complaint. In case of delay beyond this stipulated time-frame, BSNL shall charge aPenalty

  • For Major Faults:@ Rs. 5,000/- (Rupees Five Thousand only/-) per 12 hours or part thereof for 72 Hours (3 days) and beyond that @ Rs 40,000/- (Rupees Forty Thousand only) per 24 Hours or Part thereof.
  • For Minor Faults:@ Rs. 5,000/- (Rupees Five Thousand only/-) per 24 hours or part thereof for 168 Hours (7 days) and beyond that @ Rs 40,000/- (Rupees Forty Thousand only) per 24 Hours or Part thereof.

(Kindly refer to point 1.3 above for definition of the Major and Minor Faults and point 2.5 above for the Rectification Time period for High, medium and Low capacity Nodes)

4.10If any defect is not remedied by M/s ITI within a reasonable time, BSNL may proceed to get the defects remedied from other supplier/vendor at M/s ITI’s risk and expenses, but without prejudice to any other rights which BSNL may have against M/s ITI in respect of such defects.

  1. Fault Booking & ESCALATION PROCEDURE
  • BSNL filed unit representative shall report the fault on telephone/FAX/E-Mail to the M/s ITI's Fault control Center/Engineer. In response to the complaint, M/s ITI will immediately issue a fault docket number but not later than in one hour. It will be the responsibility of M/s ITI to ensure that that his personnel are accessible on telephone/Fax/e-mail.
  • BSNL representative (Node In charge) shall maintain a separate logbook for faults reported under AMC to M/s ITI. The log book shall contain the following details for each fault reported:

(1)Date & time of Fault Reporting:

(2)Mode of Fault Reporting:

(3)Telephone Number/FAX/E-mail on which the fault was reported:

(4)Name of the Contact Person to whom the fault was reported:

(5)Affected Card: ARC/NMC card/ DSP Card/ Power Supply Module/ E1 termination Points etc.

(6)Serial No. of the affected card:

(7)Description of Fault:

(8)New fault or repeat fault :

(9)Previous reference in case of repeat fault: (M/s ITI Docket No.)

(10)Remarks:

(11)Signature of Node In charge:

Response by M/s ITI to the Fault Reported by BSNL Node In charge (fault is considered to be responded after a unique docket number is allotted by M/s ITI)

(1)M/S ITI response Date & time:

(2)Docket No. Provided by M/s ITI:

(3)Name of the Person Responded:

(4)Remarks:

(5)Fault Rectification Date & time:

(6)Details of card removed (if any ) from the Node including its serial no.:

(7)Details of card added (if any) on the Node including its serial no.:

(8)Signature of Node In charge:

(9)Signature of M/s ITI Engineer (If visited on site):

  • The contact details with Telephone nos. and email ids of all the Call centers & Escalation levels of M/s ITI Limited are given at Annexure-VI.
  • M/s ITI shall be responsible for providing the latest contact details to BSNL of its engineers, call center etc.
  • M/s ITI shall open a complaint ticket/docket corresponding to every fault reported but not later than in one hour. It will be the responsibility of M/s ITI to ensure that that his personnel are accessible on telephone/Fax/e-mail.
  • After the fault is logged with M/s ITI, M/s ITICallCenter or Engineer will call back BSNL (respective site) within 2 hrs of the fault booking and inform about his onsite visit/action.
  • In case the BSNL representative fails to make contact or get back call response from the local engineer/Regional Call Center in the first 4 hrs, the complaint should be escalated to the First level (L1).
  • In case the call is not responded within 12 hrs, the BSNL representative may escalate the call to the Second level support (L2) as given in the Escalation Matrix. The second Level escalation would ensure that the call is allocated on priority & an engineer is detailed for the call.
  • Third Level Escalation (L3) is the ultimate Escalation point. In case the call is not responded within 24 hrs by either an engineer visit or a telephone call, it should be escalated to Level 3, who will ensure immediate allocation of a resource for attending to the call and would also initiate a backend process to investigate why such a delay has occurred. Rectification measures would be incorporated to prevent such occurrences in the future.
  • In any case, it will be the responsibility of M/s ITI to get the problem rectified within the stipulated time after the fault is first reported to M/s ITI at its call center/local engineer/Toll free number or through e-mail /fax. The downtime shall start from the time the fault is reported over telephone/fax or the time stamp of e-mail. In case the fault is not rectified within the stipulated time after its first reporting to M/s ITI, penalty as stipulated in this agreement shall be imposed.
  • The escalation procedure described above is depicted diagrammatically below:-

Diagrammatic Support Methodolgy

In any case, once a fault has been logged at M/s ITI Call Centre/Local Engineer, it shall be the responsibility of M/s ITI to see that the fault is attended to and rectified within the defined time frames.

  1. PREVENTIVE MAINTENANCE SCHEDULE & METHODOLOGY

6.1M/s ITI shall prepare the schedule of preventive maintenance for each half-yearly period and shall submit the same to Data Networks, BSNL in advance (at least by one month in advance). The preventive maintenance shall not affect the normal functioning of the system.

6.2M/s ITI will carry out on site preventive maintenance of the supplied RAS equipment every six months.

6.3The Preventive Maintenance for each RAS at every node shall be done by Personal Visit of the Engineer to the Site. NO Remote Login shall be allowed for the Preventive Maintenance. If Preventive Maintenance is carried by remote login it will be taken as Preventive Maintenance not done for that node.

6.4No separate charges shall be paid for visit of engineers or attending to faults and repairs of spare parts.

6.5M/s ITI shall maintain a consolidated Logbook at its central location and at each node ( to be kept with BSNL) wherein the corrective/preventive maintenance undertaken by M/s ITI shall be entered and the same has to be counter-signed by the BSNL representative

6.6A schedule containing the date and contact details (Name, Designation, Phone, Fax and E-mail) of M/s ITI engineer who will be visiting the NIB nodes, for carrying out the preventive maintenance shall be supplied to Data Networks at least one month before beginning of Preventive Maintenance cycle( six-monthly). The procedure for carrying out the preventive maintenance at a site is given at Annexure-V.

6.7 A Consolidated report on the Preventive Maintenance carried out at each node, containing the signatures of Node-in-charge and M/S ITI engineer as per format given at Annexure-V will be submitted to on Six Monthly Basis to NIB Circle Coordinators with a copy to Data Networks Circle.

6.8At the end of every quarter, M/S ITI will submit a consolidated report of the faults attended, nature of faults, response time, resolution time, details of cards replaced, maximum type of faults etc. to NIB Circle Coordinators with a copy to Data Networks, New Delhi.