Tender for Establishment Operationalisation Web System

1

Tender for Establishment &

Operationalisation Web System Architecture in an Internet Data Center.

(NESCO/WESCO/SOUTHCO)

TENDER NOTICE No.: CSO/IT/2012/IDC/2

Date: 31.03.2012

Registered Office

(Nesco /Wesco /Southco)

N1/22, IRC Village, Nayapalli

Bhubaneswar- 751015

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CONTENTS

Section No.

Description Page No.

Section - I Notice Inviting Tender (NIT) 4 - 6

Section - II Scope of the work 7 - 9

Section - III Technical Specification 10 - 14

Section - IV Instruction to Bidders (ITB) 15 - 22

Section - V General Terms and Conditions of Contract (GTCC) 23 - 27

Section - VI List of Annexure ( Schedules & Format ) 28

Annexure – I : General Information 29

Annexure – II: Details about the Firm 29 - 30

Annexure – III: Declaration Form 31

Annexure – IV: Performa for Composite Bank Guarantee for Security

Deposit, Payment and performance. 32 -33

Annexure – V: Performa for Bank Guarantee for Earnest Money Deposit (

EMD) 34 - 35

Annexure - VI : Price Schedule for Materials / Equipments / Manage Service.

36 - 37

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SECTION –I

Notice Inviting Tender (NIT)

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SECTION –I

Notice Inviting Tender (NIT)

A. Introduction: NESCO, WESCO & SOUTHCO are the three Power distribution companies supplying Electricity to 25 lakh

consumers in its licensed territory of North-Eastern, Western and Southern part in the state of Odisha

respectively. NESCO, WESCO & SOUTHCO desire to create an Internet Data Center (IDC) for three

DISCOMS under a secure and highly reliable environment for its customer services and therefore invite

offers from eligible bidders to manage the data center on 24 X 7 basis.

For and on behalf of the North Eastern Electricity Supply Company of Orissa Ltd. (NESCO), Western

Electricity Supply Company of Orissa Ltd. (WESCO) & Southern Electricity Supply Company of Orissa

Ltd. (SOUTHCO), the undersigned invites sealed tenders in duplicate on two part bidding system from the

eligible bidders, who comply with the terms and conditions for the implementation.

Cost of Tender Paper (`) 10,000.00 + 500.00 (VAT @ 5%) =

10,500.00/-

B.Tender Schedule:

1 Pre-Bid Discussion 11.04.2012 (15.00 hr)

2 Date & Time for Bid Submission 21.04.2012 (up to 13.00 hr)

3 Date & Time for Opening of Technical Bid 21.04.2012 (3 PM)

The intending bidders can purchase tender document by making payment of Rs. 10,500/- as cost of tender

paper in cash at registered office BBSR also download the tender document from Discoms website

www.nescoodisha.com or www.wescoodisha.com or www.southcoodisha.com.In such case the bidder has to

furnish an Account Payee Bank Draft drawn on any Scheduled Bank at Bhubaneswar in favor of the “North

Eastern Electricity Supply Company of Orissa Ltd.” payable at Bhubaneswar for the cost of the Tender

Paper as indicated above, along with his bid, failing which the bid will be rejected outright. In the event of

any specified date for the sale, submission or opening of bids being declared as holiday for

NESCO/WESCO/SOUTHCO, the bids will be sold / received / opened on the appointed time on the next

working day.

NESCO/WESCO/SOUTHCO reserve the right to accept or reject any or all bids received against this tender,

without assigning any reason thereof.

For detailed Tender Specification & Terms and Conditions, please visit Discoms websites

www.nescoodisha.com or www.wescoodisha.com or www.southcoodisha.com

http://www.nescoodisha.com/

http://www.nescoodisha.com/

http://www.southcoodisha.com/

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C .ELIGIBLE BIDDERS:

C-1. Technical Qualification:

1. The bidder should have successfully executed at least 2 (two) similar contracts for utilities in

India.

2. Copies of Purchase Order/ Work Orders should be enclosed along with the bid-document to

substantiate the claims .DISCOMs may insist for additional documents in proof of the above.

3. The bidders are required to submit the completion certificate from the client where they have

accomplished similar type of assignments.

4. The bidder shall have the following required hardware / software tools for carrying out the

service.

1) Have its own data center or have partnership should have long term lease in a data center.

2) Have clients covering at least 10 business verticals.

3) Have a minimum of 2 UPS to cater for uninterrupted P.S

4) Have IPS provision

5) Have the provision of Back-up

6) Provision for Internal security implementation

7) Provision alarm for Server Health reporting

8) Provision alarm for Network Health reporting

9) Facility of Central Air-conditioning

10) Availability 24x7

11) Flexibility for accommodation of further servers in case of expansion requirement

12) Standards adopted for complying to Green Computing

13) Availability of technical staff for administration of Oracle, SQL, IIS, Web Sphere,

Oracle 11iAS, Unix based OS, Microsoft based OS

14) Implementation of Fire Protection System.

15) The IDC should support Oracle based applications in addition to Microsoft based

Applications.

C-2. Financial Qualification:

1. Turn Over: Minimum Average Annual Turnover of Rs. 2 crore in three out of the last five

completed fiscal years.

2. Net Worth: Minimum Net Worth of Rs. 50 lakhs as per the latest Audited Balance Sheet.

C-3. Other Necessary Qualification:

1. Bidder should not have any past litigation / dispute / un-successful history with NESCO

/WESCO /SOUTHCO. Bidders earlier debarred by NESCO/WESCO/SOUTHCO shall be

rejected.

2. Bidder should preferably be a company registered in India under the Indian Companies Act

of 1956.

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1.5. Bidder shall provide the details given below:

Data center location at

(full address)

Location of DR site at

(full address)

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SECTION –II

SCOPE OF THE WORK

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SECTION –II

1. SCOPE OF THE WORK:

The “Scope of Work” shall be on the basis of Bidder’s responsibility, completely covering the obligations,

responsibility and workmanship, provided in this Bid Enquiry whether implicit or explicit.

1.1. Scope of the contract for set up, Operate and manage of IDC.

Option: 1 Discoms will purchase Hardware & Software License and avail managed services, on

monthly fees basis payable to bidder.

Option :2

The bidder purchases the Hardware & Software licenses other than SQL licenses

and also provides managed services. Bidder shall transfer the ownership of hardware to

Discoms at the end of 5 years at free of cost.

Under this option bidders price shall have two component:

i) Monthly rental (EMI) for five years towards hardware

cost rental.

ii) Cost of manage services per month.

Note: Both these above two options need be quoted the bidders in the attached price bid format,

However NESCO/WESCO/SOUTHCO reserves right to choose any option or combination of options.

NESCO/WESCO/SOUTHCO decision in this regards will be final. Bidder should provide

Unconditional acceptance to the above terms along with their bids.

2. Clarifications of bid document:

2.1. The prospective bidder requiring any clarification on the this document shall notify the company in

writing or by fax at the CSO mailing address indicated in this document, latest by the date mentioned in

Notice details. Response, if any, on such clarifications will be displayed on Discoms website latest by

the date mentioned in Notice details and further, to clarify the queries already received & replied.

2.2. Any clarifications issued by Discoms, in response to such query raised by prospective bidders, shall form

an integral part of this documents and shall amount to an amendment of relevant clauses of this

document.

3. Proposal Form:

3.1. The Firm shall comply with all the provisions mentioned in this document & sign each page under

stamp of firm as a mark of acceptance of all conditions contained herein.

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3.2. All pages of the Proposal shall be serially numbered, indicated in an index.

3.3. Additional / ambiguous conditions are not permissible and will render the proposal liable for rejection.

4. Successful Bidder will work out detailed setup at Data Center and provide the hosting space as per the

requirement with components and specs already finalized by DISCOMS.

5. Successful bidder may include additional component if any required in its technical and financial bids

otherwise any components required for completion of project shall be treated as included in the solution

and will have to be provided by the Successful Bidder without any additional cost. .

6. The successful bidder will provide all necessary support for the smooth transfer of the network after the

expiry of the contract before the expiry of the PBG or as mutually agreed upon.

7. The successful bidder will be responsible for smooth operations and maintenance of all equipment and

services throughout the service of the contract.

8. Proactive Monitoring of the entire infrastructure and internet link.

9. Any new infrastructure or software which is required to be installed to meet out the statutory

requirement of the project will be the responsibility of the bidder to install and commission the same.

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SECTION –III

TECHNICAL SPECIFICATION

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SECTION –III

1. Technical Specification minimum (Main Website)

SlNo. Items Qty

1 Load Balancer (8 port intelligent switch) 2

2 4 CPU Xeon Server Quad core 32 GB RAM,500 GB HDD, RAID 5 , IBM

Make . 4

3 SAN Storage 1 TB 1

4 SQL Server 2008 standard R2 4

5 Window Server 2008 R2 enterprise license 2

6 Window Server standard 2008 R2 License. 2

7 4 port switch for server connectivity 1

8 4 port standard switch 1

2. Technical Specification minimum (DR Website)

SlNo. Items Qty

1 4 CPU Xeon Server Quad core 32 GB RAM,500 GB HDD, RAID 5, IBM

Make. 2





Note:

However, these are minimum configuration requirement. Incase, any bidder offers for a configuration more

than this specifications then, the comparison will be made only basis the minimum requirement.

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1.1 Main web architecture:

--

Load Balancer & 2 Nos. of

failover

SAN 1 TB

HTTP

DATABASE SQL SERVER

2008

DATABASE SQL SERVER

2008

Application

IIS

ACTIVE

HTTP

Application

IIS

PASSIVE ACTIVE

ACTIVE

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2.1 Disaster Recovery Web architecture:

Internet

Application Server

DataBase Server

SAN(Storage )

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3. Clustering service by the data center:

This service is to be provided by the data center. So that clustering is done for the two application servers

which are clustered (in active - active mode) & two data base server are clustered (in active – passive mode)

4. Managed Service of IDC:

Server hardening and implementation of server security with service of enterprise level H/W firewall

with failover.

Provision of unlimited band width.

HTTP Monitoring.

Backup Services

Security protection with IPS (Total security management through UTM)

WEB STATS

DRS ( Hot or Warm)

Failure reporting ( Server / Network / ISP )

Collocation

Extension of rack space when needed afterward.

DNS propagation.

Mails and Bulk mailing facility.

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SECTION –IV

INSTRUCTION TO BIDDERS (ITB)

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SECTION –IV

Instruction to Bidders (ITB)

1.0 Documents Comprising the Bid:

The Bid prepared and submitted by the Bidder shall comprise of two parts i.e. Part-I (Techno- Commercial

Bid), & Part-II (Price Bid)

A) The Part-I (Techno-Commercial Bid) must contain the following documents

a) Bid Document signed by the bidder in every page, all other Schedules / Formats enclosed in the Bid-

Document duly filled in & signed by the bidder with seal in a separate envelop super scribed as “Techno

Commercial Bid”. Bids containing information in formats other than the prescribed formats in the tender

notices shall not be acceptable and shall make the bid non-responsive.

b) Requisite Earnest Money Deposit (E.M.D) in a separate envelope super scribed as “EMD” failing which

the Bid shall be treated as non- responsive and shall be rejected outright.

c) Following Documentary evidence establishing that, the Bidder is qualified to perform the Contract if the

Bid is accepted:

i) Bidder shall furnish copies of original documents defining the constitution or legal status, place

of registration and principal place of business, namely Memorandum and Article of Association

etc.

ii) Bidders shall submit their audited financial reports for best three financial years out of last five

years. In case the Bidder is in existence for less than five years, the audited financial report/s

from the date of its incorporation should be furnished.

iii) Copies of Purchase orders successfully executed, Users Performance Certificate etc.

d) Power of Attorney / Board resolution indicating that the person(s) signing the Bid have the authority to

sign the Bid and as such the Bid is binding upon the Bidder during the full period of its validity.

e) Requisite Cost of Tender Document as mentioned above in shape of account payee Bank draft from a

scheduled Bank in favor of the “North Eastern Electricity Supply Company of Orissa Ltd.” Payable at

Bhubaneswar is to be enclosed along with the Bid, if the document is downloaded from Discoms web-site.

f) Bidder should provide evidentiary proof of following:

1) Having its own data center or have partnership should have long term lease in a data center.

2) Having clients covering at least 10 business verticals.

3) Having a minimum of 2 UPS to cater for uninterrupted P.S

4) Having IPS provision

5) Having the provision of Back-up

6) Provision for Internal security implementation

7) Alarm for Server Health reporting

8) Alarm for Network Health reporting

9) Facility of Central Air-conditioning

10) Availability 24 X 7.

11) Flexibility for accommodation of further servers in case of expansion requirement

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12) Standards adopted for complying to Green Computing

13) Availability of technical staff for administration of Oracle, SQL, IIS, Web Sphere, Oracle

11iAS, Unix based OS, Microsoft based OS

14) Implementation of Fire Protection System.

15) The IDC should support Oracle based applications in addition to Microsoft based

applications

B) Part-II (Price Bid):

i) The Price Bid shall contain the price schedules (ANNEXURE – VI) & signed by the bidder with

seal. This shall be submitted in a double sealed envelope separately duly super scribed as “Price

Bid”.

ii) The Price offered shall be inclusive of all costs as well as Duties, Taxes and Levies paid or

payable during implementation of the contract. If the Bidder is exempted from Excise duties,

Concession in the Sales tax, levy of entry tax, same should be clearly mentioned supported with

documentary evidence.

iii) Prices quoted by the Bidder shall be “Firm” and not subject to any price adjustment during the

performance of the Contract. A Bid submitted with variable Price or an adjustable price clause

shall be treated as non-responsive and rejected out rightly.

2.0 Additional Documentation:

2.1: In addition to what specifically mentioned in the specification, the bidders shall provide the following:

a) Brief background of company.

b) Infrastructure facilities available

c) Technical Know-how and collaboration, if any.

d) Quality systems and quality assurance plan

e) Bidder’s experience

f) Any other specific qualifications, experiences and capabilities directly related to this enquiry.

3.0 Signing of Bid:

3.1 The Bidder shall complete and submit the Bid Document in duplicate enclosing all documents at clause

“2.1” above in two sealed envelopes clearly marked “Original Bid & Duplicate separately, super scribing

the “Tender Notice No. ______________________ Date _______, Date of Opening ________ &

Description of Material ____________”.

3.2. The Price Bid in Original should be Submitted in a separate seal envelop marked as “ price bid” in the

event of any discrepancy between the original and the copies, the original shall govern.

3.3. The original and the duplicate copy of the Bid shall be typed or written legibly and shall be signed by the

Bidder or a person or persons duly authorized to sign on behalf of the Bidder. Such authorization shall be

indicated by written Power-of-Attorney/ Board Resolution accompanying the Bid.

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3.4. The Bid shall contain no interlineations, erasures, overwriting except as necessary to correct errors,

made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the

Bid.

4.0 Price Bid Envelope:

4.1. The inner and outer envelopes shall be addressed to the Company at the following address: The Vice

President (IT), Central Services Office (NESCO, WESCO, SOUTHCO), N 1/22, IRC Village,

Nayapalli, Bhubaneswar – 751 015

In addition to above, the outer envelope shall indicate the name and address of the Bidder to enable the Bid

to be returned unopened in case it is declared “Late”.

4.2. The Bidders have the option of sending the Bids by Post/ Courier services or in person. Bids submitted

by Telex/Telegram/Fax will not be accepted. No request from any Bidder to the Company to collect the

proposals from Airlines/ Cargo/Courier Agents etc. shall be entertained by the Company.

5. Earnest Money Deposit (EMD)

5.1.1. The bidder shall have to submit Earnest Money of Rs.100000/- ( One lakh only) in shape of DD or

Bank Guarantee in favor of North Eastern Electricity Supply Company of Orissa Ltd, Bhubaneswar. The

EMD shall be valid for a period of six months. In the event the successful bidder fails to execute the

confirmed order, such EMD shall be forfeited. The EMD shall have to be enclosed inside a separate

envelope which should be the super scribed “EMD” in bold letters. The Technical Bid shall be opened if

valid EMD is found enclosed with the Bid.

5.2. The EMD shall be in the following form: A/C payee demand draft in favor of North Eastern Electricity

Supply Company of Orissa Ltd. issued by a Scheduled bank payable at Bhubaneswar.

Or

Bank Guarantee in favor of “North Eastern Electricity Supply Company of Orissa Ltd.” issued by a

Scheduled bank encashable at local branch at Bhubaneswar only with a validity of 180 days from the date of

opening of Tender, suitably modify if required. The BG shall be strictly as per the format is mentioned below

in Annexure – V.

NB: In case of any deficiency such as the ownership of the security bond (other than the issuing bank),

deviation from the approved format, absence of signature of witness etc. found in the EMD Bank Guarantee,

the same shall be liable for rejection upfront. The bidder will not be given any chance to rectify the same.

5.3. E.M.D of unsuccessful bidders shall be refunded back as promptly as possible but, not later than thirty

(30) days after the expiry of the period of bid validity. E.M.D of successful bidders shall be discharged upon

furnishing of the performance security.

5.4. The EMD may be forfeited due to following reasons:

1) If the bidder withdraws bid during the period of bid validity specified by the bidder in the Bid form.

2) In case the successful bidder fails to sign the contract in specified time and / or fails to submit the requisite

performance Bank guarantee.

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6.0 Contract Price

6.1 The Ex-Works Prices quoted for the Contract shall remain FIRM as per the above Parameters and

Company shall not compensate Bidder for any variations. However any variation in the taxes & duties within

the schedule date of delivery shall be borne by the Company, else the same shall be borne by the bidder.

6.2 In case the Company, revise the scope of woks, bidders shall be compensated based on the Unit Rate

(Ex-Works) agreed upon before Order placement or as per mutually acceptable rates.

7.0 Bid Currencies

7.1 Prices shall be quoted in Indian Rupees Only.

8.0 Documents Establishing Conformity to the Bidding Documents

8.1 The bidders shall confirm by the documentary evidence of the Goods conformity to the bidding

documents by submitting equipments data sheets.

9.0. Alternative Bids

9.1. Bidders shall submit bids, which comply tender documents .Alternative bids shall not be considered for

evaluation.

10.0 Sealing & Marking of Bids

10.1 Bid submission: One Original, One Copy of all the Bid Documents shall be sealed and submitted to the

Company before the last date & time for submission of the bid.

10.2 The Bid proposal should be divided into two parts and should be submitted in two separate sealed

envelopes, addressed to Company. All the envelopes should bear the Name and Address of the Bidder and

marking is made for the Original and the Duplicate copy. The envelopes should be super scribed with the

title of its contents as follow:

i) Techno-Commercial / Price Bid Bid Envelope: Shall contain the Bid Security (EMD), Cost of Tender

Document, all supporting documents for qualifying requirement of this tender, duly filled in formats Abstract

of General Terms & Conditions, Declaration Form, Technical Data Schedule, Technical & Commercial

Deviations, Un-quoted blank Price Schedule etc. as per enclosed formats in this document

11.0 Timeline for submission of Bids

11.1 The original Bid together with required copies, must be received by the company at the address

specified in Clause 4.1 not later than 13.00 Hrs. (IST) on/before the due date as indicated in the invitation

for bids.

11.2 The company may, at its discretion, extend the deadline for the submission of Bids by amending the

Bidding Documents, in which case all rights and obligations of the company and Bidders previously subject

to the timeline will thereafter be subject to the timeline as extended.

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12.0 One Bid per Bidder

12.1 Each Bidder shall submit only one Bid either by himself, or as a partner in a Joint Venture/Consortium.

A Bidder who submits or participates in more than one Bid for the same item, either individually or jointly,

will cause all those Bids to be rejected out rightly.

13.0 Late Bids

13.1 Any Bid received by the Company after the deadline for submission of Bids prescribed by the company,

pursuant to Clause 17, will be declared “Late” and will be rejected out rightly and will be returned unopened

to the Bidder.

14.0 Modification & Withdrawal of Bids

14.1 The Bidder may modify or withdraw his Bid after the Bid’s submission, provided that written notice of

the modification or withdrawal is received by the company prior to the deadline prescribed for submission of

Bids.

14.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in

accordance with the provisions of Clause 10 & 11. A withdrawal notice may be sent by fax but must be

followed by an original signed confirmation copy.

14.3 No Bid can be modified subsequent to the deadline for submission of Bids.

14.4 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the expiry of

the period of Bid validity specified by the Bidder on the Bid form. 15.0 Evaluation of Bids

15.1 Process to be confidential

Information relating to the examination, clarification, evaluation and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not

officially concerned with such process. Any effort by a Bidder to influence the Company’s processing of

Bids or award decisions may result in the rejection of the Bidder’s Bid.

16.0 Clarification of Bids

To assist in the examination, evaluation and comparison of Bids, the Company may, at its discretion, ask the

Bidder for a clarification of its Bid. All responses to requests for clarification shall be in writing and no

change in the price or substance of the Bid shall be sought, offered or permitted.

17.0 Preliminary Examination of Bids/Responsiveness

17.1 Company will examine the Bids to determine whether they are complete, whether any computational

error have been made, whether required sureties have been furnished, whether the documents have been

properly signed, and whether the Bids are generally in order.

17.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit

price and the total price per item that is obtained by multiplying the unit price and quantity, the unit price

shall prevail and the total price per item will be corrected. If there is a discrepancy between the total amount

and the sum of the total price per item, the sum of the total price per item shall prevail and the Total Amount

will be corrected

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17.3 Prior to the detailed evaluation, the Company will determine the substantial responsiveness of each Bid

to the Bidding Documents including production capability and acceptable quality of the materials offered.

Substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding

Documents without material deviation.

17.4 A Bid determined as not substantially responsive will be rejected by the Company and will not

subsequently allowed to be made responsive by the Bidder by correction of the non – conformity.

18.0 Evaluation & Comparison of Bids

18.1 The evaluation of Bids shall be done based on the cost competitiveness.

18.2 The evaluation of the Bids shall be a stage-wise procedure. The following stages are identified for

evaluation purposes:

In the first stage, the Bids would be subjected to a responsiveness check as detailed in the Clause - 17. The

Technical Proposals and the Commercial terms & conditions of the Bidders would be evaluated and

discussed as per Clause - 19 of this document.

Subsequently, the Financial Proposals of Bidders with Techno-commercially Acceptable Bids submitted at

the time of bid submission shall be considered.

18.3 The Company evaluation of a Bid will take into account, in addition to the Bid price, the following

factors, in the manner and to the extent indicated in this Clause:

a) Implementation schedule.

b) Deviations from Bidding Documents as mentioned in Non-Compliance Schedule.

c) Past performance and capability to execute the contract.

.

Bidders shall base on their Bid price on the terms and conditions specified in the Bidding Documents. The

Cost of all quantifiable deviations and omissions from the specification, terms and conditions, specified in

Bidding Documents shall be evaluated. The Company will make his own assessment of the cost of any

deviation for the purpose of ensuring fair comparison of Bids.

19.0 Award of Contract

If there is more than one lowest evaluated price (L1) bidder, the purchaser has exclusive right to give the bid

any one among the L1 bidders.

20.0. Contacting the Company

20.1 From the time between Bid opening to award of contract, if any Bidder wishes to contact the company

on any matter related to the Bid, he should do so in writing.

20.2 Any effort by a Bidder to influence the Company and / or in the company decisions in respect of Bid

evaluation, Bid comparison or Contract of Award, will result in the rejection of the Bidder’s Bid.

20.3 The Company reserves the right to accept any Bid and to reject any or all Bids or to relax any Terms &

Conditions.

20.4.The company reserves the right to accept or reject any Bid and to annul the Bidding process and reject

all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder

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or Bidders or any obligation to inform the affected Bidder or Bidders regarding the grounds for the

company’s action.

20.5 In the interest of work, the company reserves the right to relax any terms and conditions without

affecting the quality & price of the equipment.

20.6 The company will award the Contract to the successful Bidder whose Bid has been determined to be the

lowest- evaluated responsive Bid, provided further that the Bidder has been determined to be qualified to

perform the Contract satisfactorily. The company at its option/ discretion may split the total quantity to be

supplied between two or more Techno- Commercially responsive Bidders in case of the bid prices are same

and early delivery is required by the company.

207. The company’s right to vary H/W & S/W up gradation.

20.8. The Company reserves the right to vary the Hardware / Software i.e. up gradation without any change

in terms and conditions at the time of placing the orders or during the execution of the Contract.

20.9 Letter of Intent / Notification of Award :

20.9.1 The letter of intent / Notification of Award shall be issued to the successful Bidder(s) whose bid(s)

have been considered responsive, techno-commercially acceptable and evaluated to be the Lowest (L1). The

successful Bidder shall be required to furnish a letter of acceptance to it within 7 days of issue of the letter of

intent / Notification of Award by Purchaser.

20.10. Performance Security

21.1 Within 15 days of the receipt of Notification of Award / Letter of Intent from the Purchaser, the

successful Bidder shall furnish the Performance Security in the form of Bank Guarantee executed on non-

judicial stamp paper worth Rs.100/- (Rupees One hundred only) issued by a scheduled Bank in favor of the

Purchaser encashable at Bhubaneswar only for an amount of equivalent to two months charges for managed

services and two months of cost towards the 60 installments of H/W and S/W or 10% of the H/W and S/W

cost if the same is purchased by DISCOMs in accordance with the General Conditions of Contract in the

Performance Security Form provided in Annexure – IV of Bidding Documents. The Bank Guarantee shall

be valid for a period not less than 90 days over and above the guarantee period.

20.11. All correspondence with regards to the above shall be made to the following:

Contact : CSO (IT)

Address : CENTRAL SERVICES OFFICE

(NESCO, WESCO & SOUTHCO)

Plot No- N1/22, IRC Village, Nayapalli

Bhubaneswar-751 015

FAX : 0674 - 255 8343

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SECTION – V

GENERAL TERMS AND CONDITIONS OF CONTRACT (GTCC)

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SECTION – V

General Terms and Conditions of Contract (GTCC)

1.0 General Instructions

1.1 All the Bids shall be prepared and submitted in accordance with these instructions.

1.2 Bidder shall bear all costs associated with the preparation and delivery of its Bid, and the Company in no

case shall be responsible or liable for these costs.

1.3 The Bid should be submitted by the Bidder in whose name the bid document has been issued and under

no circumstances it shall be transferred / sold to the other party.

1.4 The Company reserves the right to request for any additional information and also reserves the right to

reject the proposal of any Bidder, if in the opinion of the Company, the data in support of Tender

requirement is incomplete.

1.5 The Bidder is expected to examine all instructions, forms, terms & conditions and specifications in the

Bid Documents. Failure to furnish all information required in the Bid Documents or Submission of a Bid not

substantially responsive to the Bid Documents in every respect may result in rejection of the Bid. However,

the Company’s decision in this regard to the responsiveness and rejection of bids shall be final and binding

without any obligation, financial or otherwise, on the Company.

2.0 Definition of Terms:

2.1 NESCO/WESCO/SOUTHCO shall mean the “Company” on whose behalf this bid enquiry is issued by

its authorized representative/officers.

2.2 “Bidder” shall mean the firm who quotes against this bid document issued by the Company. “Contractor

/ Seller” shall mean the successful Bidder(s) whose bid has been accepted by the Company and shall include

his heirs, legal representatives, successors and permitted assigns.

2.3 “Site” shall mean the Electricity Distribution Area of the Company.

2.4 “Letter of Intent” shall mean the official notice issued by the Company notifying the Contractor that his

proposal has been accepted and it shall include amendments thereto, if any, issued by the Company. The

“Letter of

Intent” issued by the Company shall be binding on the “Contractor”. The date of detailed Company Order

shall be taken as the effective date of the commencement of contract.

2.5 “Month” shall mean the calendar month and “Day” shall mean the calendar day.

2.6 “Codes and Standards” shall mean all the applicable codes and standards as indicated in the Technical

Specification is mentioned above.

2.7 “Offer Sheet” shall mean Bidder’s firm offer submitted to Company in accordance with the specification.

2.8 “Contract” shall mean the “Detailed Company Order” issued by the Company.

25

2.9 “Contract Price” shall mean the Price referred to in the “Detailed Company Order”.

2.10 “Contract Period” shall mean the period during which the “Contract” shall be executed as agreed

between the Contractor and the Company in the Contract inclusive of extended contract period for reasons

beyond the control of the Contractor and / or Company due to force majeure.

2.11. “Project ” shall mean supply as per enclosed technical specification.

3.0 Contract Documents & Priority

3.1 Contract Documents: The Specification, terms and conditions of the contract shall consist solely of these

Tender conditions and offer sheet.

3.2 Priority: Should there be any discrepancy between any terms hereto and any term of the offer sheet, the

terms of this tender document shall prevail.

4.0 Force Majeure:

4.1. If, at any time, during the continuance of this contract, the performance in whole or in part by either

party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of

the public enemy, civil commotion, sabotage , fires, floods, explosions, epidemics, quarantine restrictions,

strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such

eventuality is given by either party to the other within 2 days from the date of occurrence thereof, neither

party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim

for damages against other in respect of such non-performance or delay in performance, and deliveries under

the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist,

and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and

conclusive. Further that if the performance in whole or part of any obligation under this contract is

prevented or delayed by reasons of any such event for a period exceeding 10 days, either party may, at its

option, terminate the contract.

4.2. Provided, also that if the contract is terminated under this clause, the company shall be at liberty to take

over from the vendor at a price to be fixed by the company, which shall be final, all unused, undamaged and

acceptable materials, bought out components and stores in course of manufacture which may be in

possession of the Supplier at the time of such termination or such portion thereof as the purchaser may deem

fit, except such materials, bought out components and stores as the vendor may with the concurrence of the

company elect to retain.

4.3. Maintenance:

a) Scheduled Maintenance: The Bidder shall specify the basis for scheduled maintenance causing / or not

causing disruption of Service. Maintenance shall be performed during off-peak hours and the bidder shall

always provide advanced notice of scheduled maintenance to DISCOM.

b) Emergency Maintenance: The Bidder shall specify the major reasons for performing emergency

maintenance (Example: security related issues). Bidder shall immediately notify DISCOMs regarding the

emergency maintenance. Un-notified service unavailability due to emergency maintenance will be included

in the service downtime calculations.

4.4. Downtime Maintenance:

Bidder shall take corrective steps for restoration and modification of the system to meet the requirement of

DISCOMs and the downtime shall be mutually agreed by the parties but not exceeding 4hours

26

5.0 Indemnify:

5.1. The Vendor, its successor and assignee shall indemnify the Company , its successor and assignee from

all current & future liabilities that may arise out of purchase contract(s) entered into between the vendor

& the Company under this Tender Notice. The Purchaser in term shall indemnify the DISCOM.

5.0 Contact Information

NESCO/WESCO/SOUTHCO Orissa (DISCOM of Orissa) Contact: All communication as regards to

this Tender Notice/Technical Specifications shall be made (i) in English, (ii) in writing and (iii) sent by

mail / facsimile to:

Contact : CSO (IT)

Address : CENTRAL SERVICES OFFICE

(NESCO, WESCO & SOUTHCO)

Plot No- N1/22, IRC Village, Nayapalli

Bhubaneswar-751 015

FAX : 0674 - 255 8343

7.0 Deviation from Specification

It is in the interest of the Bidders to study the Specification, drawing etc. specified in the tender document

thoroughly before tendering so that, if any deviations are made by the Bidders, the same are prominently

brought out on a separate sheet in the Technical & Commercial Deviation . Deviation mentioned in any other

format or any other part of the offer document shall not be considered as a deviation & in such case it will be

presumed that the bidder has accepted all the conditions, stipulated in the tender specification,

notwithstanding any exemptions mentioned therein.

8.0.Price Basis:

The breakup of prices shall indicate all types of Taxes, Duties and other Levies of whatsoever nature

indicated separately and clearly

CST / VAT clearance certificate, Copy of PAN card.

9.0 Terms of Payment:

The payment of managed services on monthly basis on providing of paper bill as per contract. If the Bidders

will purchase H/W on behalf of DISCOMs, the 1st monthly bill (out of 60 months installments) towards

replenishment of cost of H/W and managed service will be paid within 30 days of receipt and installation of

materials in good conditions at desired destination and verification there of subject to approval of the

Guarantee certificates & Test Certificates and submission of Performance Bank Guarantee.

If the performance Bank Guarantee is not provided, an equivalent amount of 10 % of the Total Contract

Price shall be deducted from the first bill raised by the successful bidder & the same shall be refunded

after submission and approval of the required Performance Bank Guarantee or expiry of Guarantee Period

Whichever is earlier.

10.0 Price validity:

All bids submitted shall remain valid, firm and subject to unconditional acceptance by company for 180

days post bid date. For award of Contract, the prices shall remain valid and firm till contract completion.

27

11.0. Penalty (Down time):

If the downtime is beyond the agreed hours, as stipulated in downtime maintenance, then the bidder shall be

liable to pay to the DISCOMs as penalty @ Rs.1,000/- per hour or part thereof. The Purchaser may, without

prejudice to any method of recovery, deduct the amount for such damages from any amount due or which

may become due to the seller or from the Performance

Bank Guarantee or file a claim against the seller. Capping should be 2 monthly manage charges during any 1

month.

11.1. Guarantee: The hardware if supplied by the bidders shall be guaranteed for trouble free service for the entire five year

period of contract from the date of receipt of the material at desired destination. Any defect if noticed during

the guarantee period should be rectified / replaced by you free of cost, provided such defects are traced due

to faulty design, bad workmanship or bad material used.

11.2. Liquidated Damage:

Failure to establish IDC in the stipulated period of 1 week, from the date of handing over of site will result in

imposition of penalty of Rs. 5,000 per day of delay for a period of one week and thereafter, Rs 10,000 per

week of further delay for another two weeks. Delay beyond 2 weeks may attract forfeiture of the SD/ PBG

and cancellation of contract, at the discretion of the company.

14.0. Termination for Default:

The company may, without prejudice to any other remedy for breach of contract, by written notice of default,

sent to the contractor, terminate this contract in whole.

a) If the contractor fails to deliver any or all of the goods and perform services within the time period(s)

specified in the contract, or any extension thereof granted by the company.

b) if the contractor fails to perform any obligation(s) under the contract .

c) if the contractor, in either of the above circumstances, does not remedy his failure within a period of 15

days (or such longer period as the purchaser may authorize in writing) after receipt of the default notice from

the company.

d) Termination of contracts when Assets are in working conditions.

If the contracts are terminated on the above three grounds, DISCOMs shall have right to take over the assets

without giving any option to the vendor by paying balance installment towards monthly H/W & S/W cost at

discounted value at the prevailing bank rate.

e) Termination of contracts when Assets are not working conditions.

If the contracts are terminated on the above three grounds, DISCOMs shall have right to take over the assets

without paying any balance installments towards monthly H/W & S/W cost.

15.0. Court Jurisdiction:- Any dispute arising out of the tender/bid document/ evaluation of bids/issue of APO shall be subject to the

jurisdiction of the competent court at the place from where the NIT/tender has been issued Where a Bidder

has not agreed to arbitration, the dispute/claims arising out of the Contract/PO entered with him shall be

subject to the jurisdiction of the competent Court at the place from where Contract/PO has been issued.

Accordingly, a stipulation shall be made in the contract as under.

“This Contract/PO is subject to jurisdiction of Court at Bhubaneswar only”.

28

SECTION – VI

LIST OF ANNEXURE

29

SECTION VI

Annexure - I

Sl No. Particulars Information (GI)

1.1 HQ Location

1.2 Affiliation / Parent

1.3 Type of Business

1.4 Estimated Size

1.5 Estimated Total Work Force

1.6

Presence in India

1.6.1 Manage Service Center

1.6.2 Marketing Office

Annexure – II

Details about the Firm

Sl No. Details Required Response from the bidder

1 Full Name of the firm ( in capital letter)

2 Address of the firm

3 Phone Number

4 Type of firm ( Proprietary / Partnership / Ltd./Pvt. Ltd)

5 Details of the authorized signatory

Name:

Designation:

Phone:

Mobile:

e - mail:

Address:

30

6 Brief description of work carried out by firm in last three years

7 Has the firm black listed by any organization, if so attached the details of the same.

8 Is the firm registered with any Government / Semi Government undertaking? If so furnish details of the registration.

9 Income Tax account No. /PAN number (latest income tax clearance Certification to be attached with proposal)

10 Service Tax registration No.

31

Annexure – III

DECLARATION FORM

To,

Vice President ( IT),

Registered Office, NESCO, WESCO & SOUTHCO ,

N 1/22, IRC Village, Nayapalli,

Bhubaneswar - 15

Sir,

Having examined the above specifications together with the Tender terms and conditions referred to therein.

1. I/we the undersigned do hereby offer to implement for both option I& II covered thereon in complete

shape in all respects as per the rules entered in the attached contract schedule of prices in the tender.

2. I/we do hereby undertake to have implementation / delivered within the time specified in the tender.

3. I/we do hereby guarantee the technical particulars given in the tender supported with necessary reports

from concerned authorities.

4. I/we do hereby certify to have furnished a copy of the tender specifications by remitting Cash/ Demand

draft & this has been duly acknowledged by you in your letter No…………….. Date ……………….

5. I / we do hereby agree to furnish the composite Bank Guarantee in the manner specified / acceptable by

the<contractor>& for the sum as applicable to me / us as per section-v of penalty clause within fifteen days

of issue of the Letter in favor of the contractor to decided, failing which I / we clearly understand that the

said shall be liable to be withdrawn by the contractor

Signed this…………….Day of……………………20….

Yours faithfully,

(Signature of Tenderer with Seal)

32

Annexure- IV

PROFORMA FOR COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT, PAYMENT

AND PERFORMANCE

This Guarantee Bond is executed this _______day of_________________ by us

the____________________ ___________________________ Bank at

__________________P.O._______________ P.S. Dist _________ State_______________ ( indicate

designation of Purchaser )

Whereas North Eastern Electricity Company of Orissa Ltd. (NESCO) Regd. Office: N 1/22, IRC Village,

Nayapalli, Bhubaneswar – 751015 registered under the Company Act 1956 has placed work Order

No.____________ Dt.__________________ (hereinafter called “the Agreement”) with

M/s.__________________________________________________ (hereinafter called “the Contractor”) for

implementation of ___________________________ (IDC) and whereas NESCO has agreed for

implementation of IDC for NESCO , WESCO & SOUTHCO ( Discoms) as per the said agreement on

furnishing by the Contractor to the NESCO a security in form of performance Bank Guarantee of the

amount equivalent to two months charges for managed services and two months of cost towards the 60 installments of H/W and S/W or 10% of the H/W and S/W cost if the same is purchased by DISCOMs of the Contract price of the said Agreement.

1. Now, therefore, in consideration of Whereas North Eastern Electricity Company of Orissa Ltd. having

agreed in terms of the said Agreement as aforesaid, we the ______________________Bank,

Address________________________________ (code No. ______________) (hereinafter referred to as “the

Bank”) do hereby undertake to pay to the NESCO an amount not exceeding Rs._________________

(Rupees )______________________ only against any loss or damage caused to or suffered by Whereas

North Eastern Electricity Company of Orissa Ltd, by reason of any breach by the said Contractor(s) of any of

the terms or conditions contained in the said Agreement.

2. We, the _____________________________Bank do hereby undertake to pay the amounts due and

payable under the guarantee without any demur, merely on a demand Whereas North Eastern Electricity

Company of Orissa Ltd, stating that the amount claimed is due by way of loss or damage caused to or

suffered by NESCO by reason of any breach by the said Contractor(s) of any of the terms or conditions

contained in the said Agreement or by the reason of any breach by the said Contractors 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________________ (Rupees______________________________) only.

3. We, the ________________________________Bank also undertake to pay to Whereas North Eastern

Electricity Company of Orissa Ltd, any money so demanded not withstanding any dispute or dispute raised

by the Contractor(s) in any suit or proceeding instituted/ pending before any court or Tribunal relating

thereto our liability under this Agreement being absolute and irrevocable.

The payment so made by us under this bond shall be valid discharge of our liability for payment there under

and the Contractor(s) shall have no claim against us for making such payment.

4. We, the_______________________________________ Bank further agree that the guarantee herein

contain shall remain in full force and affect during the period that would be taken for the performance of the

said Agreement and it shall continue to remain in force endorsable till all the dues of Whereas North Eastern

Electricity Company of Orissa Ltd. under by virtue of the said Agreement have been fully paid and its claim

satisfied or discharged or till NESCO 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 and will not

be revoked by us during the validity of the guarantee period.

33

Unless a demand or claim under this guarantee is made on us or with (Local Bank Name, address and code

No.) , Bhubaneswar in writing on or before (date) we shall be discharged from all liability under this

guarantee thereafter.

5. We, the__________________________ Bank further agree that Whereas North Eastern Electricity

Company of Orissa Ltd. 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 said Agreement or to extend

time of performance by the said Contractor(s) and we shall not be relieved from our liability by reason of

any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission

on part of NESCO or any indulgence by Whereas North Eastern Electricity Company of Orissa Ltd, to the

said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would

but for this provisions have effect of so relieving us.

6. The Guarantee will not be discharged due to change in the name, style and constitution of the Bank and or

Contractor(s).

7. We, the _______________________________Bank lastly undertake not to revoke this Guarantee during

its currency except with the previous consent of Whereas North Eastern Electricity Company of Orissa Ltd,

in writing .Dated____________ the_____________ day of Two thousand______________

Notwithstanding anything contained herein above.

Our liability under this Bank Guarantee shall not exceed Rs. _________________________________

(Rupees______________________________________________) only. The Bank Guarantee shall be valid

up to only. We or our local Bank at Bhubaneswar (Name & Address of the Local Bank) are liable to pay the

guaranteed amount depending on the filing of claim and any part thereof under this Bank Guarantee only and

only if you serve upon us or our local Bank at Bhubaneswar a written claim or demand and received by us or

by Local Branch at Bhubaneswar on or before Dt. ________________ otherwise bank shall be discharged of

all liabilities under this guarantee thereafter.

For________________________

(Indicate the name of the Bank)

N.B.: (1) Name of the Contractor:

(2) No. & date of the Purchase order / agreement:

(3) Amount of P.O.:

(4) Name of Materials:

(5) Name of the Bank:

(6) Amount of the Bank Guarantee:

(7) Name, Address and Code No. of the Local Branch:

(8) Validity period or date up to which the agreement is valid:

(9) Signature of the Constituent Authority of the Bank with seal:

(10) Name & addresses of the Witnesses with signature:

(11) The Bank Guarantee shall be accepted only after getting confirmation from the respective Banks.

34

Annexure -V

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(ON NON-JUDICIAL STAMP PAPER OF Rs.100/-)

Ref Date Bank Guarantee No:

In accordance with invitation to Tender Notice No.--------- Dated ------------- of North Eastern Electricity

Supply Company of Orissa Ltd. [herein after referred to as the NESCO] for the purchase of

__________________(name of Material) M/s ________________________Address

______________________________________________wish/wished to participate in the said tender and as

the Bank Guarantee for the sum of Rs. [Rupees

___________________________________________________Valid for a period of ………… days (in

words) is required to be submitted by the Bidder.

1.We the__________________________________________ [Indicate the Name of the Bank] [Hereinafter

referred to as „the Bank‟ ] at the request of M/S.____________________________ [Herein after referred to

as supplier (s)] do hereby unequivocally and unconditionally guarantee and undertake to pay during the

above said period, on written request by NESCO an amount not exceeding

Rs._____________________________ to the NESCO, without any reservation. The guarantee would remain

valid up to 4.00 PM of ____________________________[date] and if any further extension to this is

required, the same will be extended on receiving instructions from M/s

__________________________________________on whose behalf this guarantee has been issued.

2. We the__________________________________________ [Indicate the name of the bank] do hereby

further undertake to pay the amounts due and payable under this guarantee without any demur, merely on a

demand from the NESCO stating that the amount claimed is due by way of loss or damage caused to or

would be caused to or suffered by the NESCO by reason of any breach by the said supplier [s] of any of the

terms or conditions or failure to perform the said Bid. 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 wards).

3.We, the____________________________________ Bank undertake to pay the NESCO any money so

demanded not withstanding any dispute or disputes so raised by the supplier [s] in any suit or proceeding

instituted/pending before any Court or Tribunal relating thereto, our liability under this agreement 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 supplier(s) shall have no claim against us for making such payment.

4. We, the__________Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further

agree that the guarantee herein contain shall remain in full force and effect during the aforesaid period of

-------------- days and it shall continue to be so enforceable till all the dues of the NESCO under by virtue

of the said Bid have been fully paid and its claims satisfied or discharged or till NESCO certifies that the

terms and conditions of the said Bid have been fully and properly carried out by the said Supplier [s] and

accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in

writing on or before the _________________ (date) we shall be discharged from all liability under this

guarantee thereafter.

5. We, the __________________________Bank [Indicate the name of the bank] or our local branch at

Bhubaneswar further agree that the NESCO shall have the fullest liberty without our consent and without

35

affecting in any manner our obligations here under to vary any of the terms and conditions of the said

Bid or to extend time of performance by the said Supplier [s] from time to time or to postpone for any

time or from time to time any of the powers exercisable by the NESCO against the said supplier [s] and

to forbear or enforce any of the terms and conditions relating to the said bid and we shall not be relieved

from our liability by reason of any such variation, postponement or extension being granted to the said

Supplier [s] or for any forbearance act or omission on the part of the NESCO or any indulgence by the

NESCO to the said Supplier[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.

6. This guarantee will not be discharged due to the change in the name, style and constitution of the Bank

or the supplier [s].

7. We, the _Bank or our local branch at Bhubaneswar lastly undertake not revoke this Guarantee

during its currency except with the previous consent of the NESCO in writing.

8. We, the Bank further agree that this guarantee shall also be encashable at our place of business at

Bhubaneswar (Indicate detail address of local branch with code no.) in the State of Orissa.

Dated ___________________________Day of 2011.

Witness ((Signature, names & address) For_________ _____ [Indicate the name of Bank]

1. Power of Attorney No.__________________

2. Date:

SEAL OF BANK

Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the bank,

which has issued the bank guarantee.

36

Annexure: VI

Price Schedule for Materials / Equipments / Manage Service Offered as per Tender Notice

No.

Name of Bidder………………………………………………………………………………………….

(Option-I ): Manage Services charge, installation & commissioning inclusive of all taxes & duties:

SL No Main Website (Description of requirement) Qty Rate Value Total


2 4 CPU Xeon Server Quad core 32 GB RAM,500 GB

HDD, RAID 5.( IBM) 4







SL No DR Site (Description of requirement) Qty Rate Value Total


HDD, RAID 5 (IBM) 2





37

(Option -II) : Cost of H/W & S/W, Manage Services charge, installation & commissioning inclusive of all taxes & duties

SL No Main Website (Description of requirement) Qty

Monthly Installment H/W & S/W

cost

Manage Service charge, installation & commissioning. Total

Rate Valu

e Rate Value



HDD, RAID 5 (IBM) 4







SL No DR Site (Description of requirement) Qty

Monthly Installment H/W & S/W

cost.

Manage Service charge, installation & commissioning. Total

Rate Value Rate Value


HDD, RAID 5 (IBM) 2





Signature of Bidder along with seal & date.

Note: 1) Any column left blank shall be treated as Nil / Inclusive of.

2) Incase of discrepancy between unit rate and total value shall prevail over the total value.

The above is to be duly filled up, signed in all pages and submitted in sealed condition in a separate envelop

superscribed as” part – II Bid – Price Bid”