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"5. Eligibility Criteria Eligibility Criteria Supporting Documents Must have been in Certificate of 2 existence in business Incorporation and A of MPLS services/ Purchase order of at VPN services for a least 100 locations of minimum period of 5 MPLS/VPN services.
                  years in India (As on
                  RFP date)
                  Bidder should have       Audited      Balance
          3       minimum        annual    Sheet and Profit and
                  turnover of Rs.300       Loss         Account
                  crore or above each      Statement for last
                  from Indian business     three years and CA
                  functions for the last   certificate.
                  three financial years
                  (FY 2015-16, FY
                  2016-17 and FY
                  2017-18). In case of
                  merger              or
                  acquisition,
                  financials of merged
                  or           acquired
                  companies may be
                  considered in case of
                  new companies.


5. It has been submitted on behalf of the petitioner that the said eligibility criteria prescribed in the Request for Proposal put forth by the respondent is arbitrary and intentionally malafide and exclusionary to benefit only a few players in the market to the disadvantage of the petitioner at the cost of public interest. It has been submitted by the petitioner that it is one of the major stake holders in the market as being a service provider for providing data connectivity and network hardware and merely because it has not been in the business of MPLS/VPN service for a minimum period of five years as on the date of the Request for Proposal dated 09.04.2019, it cannot be excluded from participation in the said tender for selection of the bandwidth service provider as sought by the respondent in as much as the respondent thereby seeks to resort to obsolete technology. It has been submitted by the petitioner that the petitioner has provided the same and similar services to other organization, State Departments, entities, banks and is demonstrably eligible for participating in the RFP and that the petitioner is currently one of the largest telecom service providers in the country in terms of subscriber base and has the widest network in terms of infrastructure.
W.P. (C) No.6730/2019 Page 5 of 22
                             CORPORATIO        BANK OF                                           AIRPORT
Paragra    SIMILAR                                               SOFTWARE       FARIDAB
                            N          BANK INDIA                                               AUTHORI
ph No.     TENDERS                                               TECHNOLO       AD
                            (12.04.2019)      (21.2.2019)                                       TY        OF
                                                                 GY PARKS SMART
           ELIGIBILI        (p.298/V2)        (p.409/V3)                                        INDIA
                                                                 OF     INDIA CITY
           TY                                                                                   (WON)
                                                                 (16.1.2019)    LIMITED
           CRITERIA                                                                             (5.11.2018)
                                                                                (31.12.201
           (p. 31/VI)                                            (p.499/V3_                     (p.751/V5)
                                                                                8)
                                                                                (p.626/ V4)
          Must      have No            similar No similar No            similar The             No similar
 5.2
          been         in requirement         requirement         requirement   eligibility     requiremen
          existence in      existed and all Existed and existed {See criteria was               t
          business of the              tender all          the generally p.     Changed         Existed
          MPLS              required     was tender               499     @p. pursuant to {See
          services /        that the bidder required              502/ V3)      RJIL's          generally
          \VT'N             "should be a was that the                           representati    S.
          services for leading                bidder have                       on and the No, 3.2/p.
          a minimum         Telecommunic      its                               requiremen      751@        p.
          period of 5 ation / Network "presence                                 t of being 761/
          years        in Services /          in India for                      "operationa     V5)
          India (As on Company with more than 5                                 l in the last

          (p.31@p.          3G / 4G as its be                                   years     was
          44/VI)            main business" "registered                          deleted
          [MPLS         = (S. No. 1 / p.      in                                (Original
          Multiprotoc       298@ p. 311 / India"           (S.                  Criteria: S.
          ol Label          V2)               No.      5     /                  No.
          Switching;                          p.;409                            7 / p. 626
          and                                 @p.464                            @p.       651
          VPN           =                     /V3)                              r/w
          Virtual                                                               Revised
          Private                                                               Criteria; S.


                                                                              @p.
                                                                             747/V4)
      "Bidder           The    minimum No           similar The             The            The tender
5.3
      should have turnover                  requirement     minimum         minimum        required
      minimum           requirement was existed       and turnover          turnover       that       the
      annual            changed        from all the tender requirement      requirement bidder
      turnover of FYs 16-17 & required was was changed                      was            should have
      Rs.         300 17-18       to    the that       the from             hanged         "should
      crore        or average turnover bidder               minimum         from           have
      above each for the last 2 should                  be individual       minimum        annualized
      from Indian FYs, i.e., 17-18 "making Net turnover for individual,                    average
      business          & 18-19 of INR Profit             / FYs 16-17 & turnover for financial
      functions         20         Crores positive Net 17-18             to FYs 15-16,     turnover
      for the last (Original                Worth for the minimum           16-17       & of at least
      three             Criteria: S. No.    last          3 Average         17-18       to Rs.
      financial         3 / p. 298 @ p. Balance             turnover FYs minimum           11,13,96,50
      years (FY         311 r/w Revised Sheets,       i.e., 16- 17 & 17- average           3"          or
      2015-16,          Criteria: S. No. 2015-              18 of INR 50 turnover for equivalent
      FY,      2016- 3                      2016, 2016- Crores              FYs 15-16, during last
      17 and FY         / 397@ p. 403 / 2017          and (Original         16-17-&.       3 years. (S.
      2017-18). In V2)                      2017-           Criteria:    S. 17-18 of       No. 3.2.7 /
      case         of                       2018"      (S. No. 3.37 p. INR           200 p. 751 @p.
      merger or                             No. 10 / p. ,499 @ P- Crores                   761 / V5)
      acquisition,                          409 @p. 464 502             r/w (Original
      financials of                         / V3)           Revised         Criteria; S.
      merged                                                Criteria;       No. 2 / p.

      companies                                             565    @     p. r/w Revised
      may          be                                       567/Y3)-        Criteria; S.

      in case of                                                            @ p. 746/
      new                                                                   V4)





       companies
      (p. 31 @ p.
      44 /
      VI)
       Bidder            No         similar No similar No           similar No similar No        similar
5.8
       must     have requirement              requirement requirement        requirement requirement
       Primary &         existed        {See existed and existed        and existed       existed {See
       Secondary         generally p.         all        the all the tender {See          generally S.
       Network           298 @p. 311 / tender                required was generally p. No.        3.2/p.
       Operation         V2)                  required       that the        626      @p. 751@p.
       Centre that                            was that the bidder            650 / V4)    761/
       is                                     bidder         should have                  V5)
       operational                            should have "valid
       for the last                           "valid         quality
       2       years.                         certification certifications
       The      NOC                           s (ISO         like
       facilities                             9001:2008      ISO 9001 /
       should       be                        or        ISO ISO 27000"
       ISO 9001                               27001 / BS (S.No. 3.9 /
       (must) and                             7799       and p. 499 @p.
       should       be                        TL       9000" 503 /V3)
       either ISO                             (S.
       20000        or                        No. 14 / p.
       ISO 27001                              409 @ p.
       Certified"                             465,
       (p.31@p.                               /V3)
       44 / VI)
       Bidder            The       minimum The               No     similar No similar No        similar
5.9
       must     have requirement          of minimum         requirement     requirement requirement
       implemente commissioning               requirement existed {See existed            existed (See
       d          and "2000         MPLS, of                 generally p.    {See         generally S.
       managing          links" in any" commission 499 @p. 502 generally p. No.3.2/p.





  at               PSU/      Bank     / ing "2000         / V3)   626    @p. 751@p.
 least     2500 Financial              MPLS VPN                  650 / V4)   761/
 managed          Institution" was Layer 3                                   V5)
 MPLS links revised to "1000 link[s]"               in
 out           of MPLS links" in any "single
 which         at any     "PSU       / banking and
 least     1000 Bank / Financial       Financial
 link should Institution/              Services
 be      for   1 Govt.                 Institution /
 Scheduled        Organisation /       Organisatio
 Commercia Information                 n"         was
 l Bank in Technology                  revised
 India" (p.       Services             to      "2000
 31@ p. 45 / Organisation"             MPLS VPN
 VI)              (Original            Layer         3
                  Criteria: S. No.     link[s]"     in
                  S / p. 298 @ p. any "single
                  312 r/w              banking and
                  Revised              Financial
                  Criteria: S. No. Services
                  8 / 397@ p. 404 institution /
                  / V2)                Organisatio
                                       n / Fortune

                                       Company"
                                       (Original
                                       Criteria: S.
                                       No. 11 / p.
                                       409@p 464
                                       r/w Revised
                                       Criteria: S.
                                       No.     11    /





                             498 p. 498 /
                            V3)