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RFP for Hiring Agency to
provide Facility Management
Services for SAP Project of
DHBVN
Dakshin Haryana Bijli Vitran Nigam Vidyut Sadan
Vidyut Nagar, Hisar
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Introduction
Dakshin Haryana Bijli Vitran Nigam (DHBVN) hereinafter called 'Owner' /Nigam’s/
Purchaser invites sealed tenders from competent agencies to carry out billing
activities in the area jurisdiction of DHBVN.
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Data Sheet
Data Sheet
S.NO. EVENT DESCRIPTION
Part I
1.
DHBVN Contact Person for Queries
SE/IT, DHBVN, Hisar
2.
DHBVN Contact person for Submission of Bids
SE/IT, DHBVN, Hisar
Part II: Schedule of Events
3.
Time, Date and Place for Pre-bid meeting
On ___________ at 11.00 AM in the O/o SE/IT, DHBVN, Vidyut Sadan, Vidyut Nagar, Hisar. The queries relating to RFP must be sent at the e-mail [email protected] by ___________ positively.
4.
Time, Date and Place for Submission of Bids
Up to ___________ till 1.00 PM in the O/o SE/IT, DHBVN, Vidyut Sadan, Vidyut Nagar, Hisar
5.
Time, Date and Place for Opening of bids
On _____________ at 3.00 PM in the O/o SE/IT, DHBVN, Vidyut Sadan, Vidyut Nagar, Hisar
Part III. Others
6. Website for information / RFP download
www.dhbvn.org.in
7. Validity of Bid The Bid will remain valid for a period of 180 days from the date of opening of Part-I of tender document.
8. Earnest Money
Rs 2,50,000/- via e-tendering portal i.e. http://haryanaeprocurement.gov.in as mentioned under the heading “Important Instructions to Bidders for e-Tender”
9. Cost of RFP document (Non-Refundable)
Rs 5,000/- via e-tendering portal i.e. http://haryanaeprocurement.gov.in as mentioned under the heading “Important Instructions to Bidders for e-Tender”
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About DHBVN
Haryana Government as a part of its power sector reforms programme unbundled its
State Electricity Board into four independent Power Corporations – Haryana Power
Generation Corporation (HPGCL), Haryana Vidyut Prasaran Nigam (HVPN), Uttar
Haryana Bijli Vitran Nigam (UHBVN) and Dakshin Haryana Bijli Vitran Nigam
(DHBVN).
DHBVN is a Govt. of Haryana undertaking registered under the Companies Act-1956.
DHBVN inherited the distribution business of erstwhile Haryana State Electricity
Board in pursuance to second transfer scheme notified by the Govt. of Haryana on
July 1, 1999. It commenced its operations on July 1, 1999 for the Power Distribution
and Retail Supply Business in Haryana. DHBVN covers the Southern Parts of Haryana
covering ten districts namely Faridabad, Palwal, Gurgaon, Mewat, Rewari, Narnaul,
Bhiwani, Hisar, Fatehabad and Sirsa.
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Operational & Maintenance Units
DHBVN is carrying on its several operational and maintenance activities through the
following organizational structure.
The number of offices of DHBVN in the above mentioned structure is as follows:-
Sr. No. Type of office No. in DHBVN
1 Head Office 1
2 Zonal Office 2
3 Circle Office 9
4 Divisional Office 27
5 Sub Divisional Office/Sub Offices 125
All the consumers in DHBVN are catered to through the respective Sub Divisional
Offices. The consumers in DHBVN are divided into various categories depending upon
the nature of usage of electricity. For different categories of consumers the billing of
electricity consumption is being done on monthly or bi-monthly basis. The billing
frequency of the various categories of consumers is governed by HERC regulations
Head Office
Zonal Office
Circle Office
Divisional
Office
Sub
Divisional
Office/Sub
Offices
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and Sales Instruction/Regulation issues by DHBVN. The circle wise category wise
approximate number of consumers ending 03/2014, in DHBVN is as per Annexure-
IV.
The number of connections under various categories under various Sub Divisions
may increase or decrease due to release of new connection, disconnection of present
consumers, creation of new Sub Divisions.
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Current Setup of SAP Project in DHBVN A) The SAP Project was implemented in DHBVN by M/s Telecommunication
Consultant India Limited (TCIL).
B) In the current scenario following modules of SAP has been implemented in
DHBVN:-
1) FICO (Financial & Controlling)
2) PS (Project Systems)
3) PM (Plant Maintenance)
4) MM (Material Management)
5) QM (Quality Management)
C) 300 licenses of SAP were procured by DHBVN in 2007.
D) The complete hardware of SAP Project is situated at Tikona Data Centre,
Noida and is being maintained by M/s TCIL.
E) Purchase of Latest hardware, with 5 year warranty support, for SAP Project
via HARTRON is under process and is expected to be delivered shortly.
F) The SAP application shall be hosted from Data Centre of DHBVN at Hisar.
G) All the SAP modules are being utilized across complete geography of DHBVN.
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Scope of Work The scope of work of the project is:-
1) Overall Project Management.
2) Take over the SAP project in its existing state from M/s TCIL.
3) Migration & Installation of SAP application from Existing location of Tikona
Data Centre to DHBVN Data Centre at Hisar.
4) Managing the SAP hardware at Data Centre at Hisar on 24X7 basis.
5) Providing 1 no. SAP consultants of each module at Head Office, Hisar (Out of
the SAP consultant deputed at Hisar, one will act as a overall Project Manager
and single point of contact for DHBVN for all indents and purposes).
6) Any additional requirement of consultants of SAP, as per the needs arising out
from time to time, if any, shall be managed by the successful bidder at its
own premises or in any of the DHBVN office, depending upon the
emergency/criticality of the work.
7) Any upgradation requirement of software as per the latest market trend.
8) Development and maintenance of additional functionalities in the existing
modules of SAP.
9) Implementation of new modules of SAP as per the requirement of DHBVN
(The SAP License cost shall be borne by DHBVN as per the then market
rates).
10) Development & support related to any addition of new licenses in the existing
modules (The SAP License cost shall be borne by DHBVN as per the then
market rates).
11) Payment of SAP License cost/ATS Charges to SAP India Pvt. Ltd. (The cost
shall be borne by DHBVN as per the then market rates).
12) Interaction with SAP India Pvt. Ltd. for any support requirement related with
the project.
The broad scope of work of HR Module is:-
1) Managing all transactions and data related to the entire lifecycle of employee management from recruitment to separation.
2) Organization Management: This module covers the corporate structure of the
organization, categories of employees, administrative powers, designations of employees, departments, hierarchy, functions and roles.
3) Policies and procedures, Service rules, Maintaining service book, Employee
self-service: This module covers storing of all the DHBVN policies and
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complete employee details in terms of employee name, dependents name, address, service history, promotion history, disciplinary history, training history, payroll related information etc
4) Training and Development: This module covers the training related processes
of the company; training need assessment, training budget, training calendar, nominations, feedback, cost analysis, training expenditure etc and maintenance of database with respect to training attendance, internal trainings conducted etc
5) Recruitment, Manpower planning: This module covers the recruitment process
Performed by DHBVN (internal and external), the procedures of storing selection lists, generating merit lists, formation of interview panel, seniority lists etc as per regulations. It also covers the procedures of manpower planning by calculating vacancies based on the differences in sanctioned and existing strength.
6) Promotion, Regularization / Probation, Appraisal process: This module covers
the Performance appraisal process (KPIs, targets, ratings etc), Promotion process (seniority lists, mandatory exams etc) and Regularization or probation process (appraisal process conducted) as per company provisions.
7) Disciplinary cases: This module covers the process of managing disciplinary
cases in the organization as per the provisions; it is proposed that the complete workflow from reporting of an misconduct to issuing a show cause notice or initiating a disciplinary enquiry and award of punishment shall be carried out in the system.
8) Changes in Employment status: This module covers the various processes of
changes in employment status such as all modes of separation (VRS, CRS, Resignation, Technical Resignation, Retirement and Death), transfers and deputation as per company provisions.
9) Leave and Attendance: This module covers the processes of managing leaves
and attendance in the system; configuring the types of leaves, eligibility, reconciliation in case of sanctioned but not availed leaves etc are few of the sub processes identified.
10) Grievance redressal and Industrial relations: This module covers the process of managing all types of grievances in the company by designing a format for the same and also devising suitable workflow approvals.
11) Legal: This module covers the process of managing all types of legal processes (cases) in the company by designing a format for the same and also devising suitable workflow approvals.
12) Miscellaneous: This module covers the miscellaneous processes in DHBVN; Managing Receipt / Dispatch, Travel management, Managing Medical process, Managing House allotment, Managing Corporate Social Responsibility, Managing RTI and other queries, Management of LTC and Managing issue of NoC.
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13) E-Exit: This module covers the full and final settlement processes during
separation of an employee from the company such as checking of any outstanding balances, generation of leave certificate etc as per company Provisions.
14) Employee Services, including a. Leave Management b. Requests for travel advances / tickets/ guest house/ vehicle c. Travel/ medical/ LTC etc. expense Claim d. Employee loans and advances e. Performance Appraisal and competency view
Note: -
1) The above scope of work of HR Module of SAP is an overview. The detailed
scope of work shall be finalized at the later stage. However, the detailed
scope of work shall not exceed the broad scope of work mentioned above.
2) The SAP licenses required for the above implementation shall be procured by
DHBVN directly from SAP India Pvt. Ltd.
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Eligibility Criterion
General 1) All bids must be accompanied by an Earnest Money Deposit (EMD) & Cost of
tender document/proof of purchase of tender document. 2) The bidder should be a company registered under the Indian Companies Act,
1956 (Proof Required: Certificate of Incorporation). The bidder shall provide copies of the original documents defining the constitution or the legal status, place of registration and principal place of business.
3) Power of Attorney on NJSP, duly notarized, in favour of the authorized signatory of the bid.
4) All the pages of the proposal shall be duly signed and stamped at each and every page, by the authorized signatory of the bid, along with the RFP document.
5) The Bidder shall not be under a Declaration of Ineligibility or should not have been blacklisted with any of the government organizations or PSUs or Nigam/Corporation. (Proof Required: Affidavit from the Authorized Signatory of the Bidder on NJSP, duly notarized).
6) The bidder must abide by all the Labour Laws during the execution of the project. (Proof Required: Affidavit from the Authorized Signatory of the Bidder on NJSP, duly notarized).
Work Specific
1) The Bidder must have an Average Annual turnover of more than INR 100 Crores per year in the last three Financial Years (i.e. FY 2013-14, FY 2012-13, FY 2011-12). (Proof Required: Audited financial statements for the last three financial years and Statutory Auditor's certificate for the last three financial years).
2) The company should be profit making in at least 2 Financial years out of the last 3 Financial years (i.e. FY 2013-14, FY 2012-13, FY 2011-12). (Proof Required: Audited financial statements for the last three financial years and Statutory Auditor's certificate for the last three financial years).
3) The Bidder must have implemented/consulted/supported/upgraded ERP products for at least 2 (Two) Customers Globally in last 7 Financial Years with at least 300 licenses in each implementation/support/upgrade. (Proof Required: Certificate of successful implementation from the customer/statutory auditor of the bidding company).
4) The Bidder must have experience of implementation/consulting/upgrade/support of two IT projects in a Government Organizations or PSUs Globally. (Proof Required: Work orders and Certificate of successful implementation from the customer against the work order).
5) The Implementation Partner must have at least 30 full time SAP consultants on its current payroll in India. (Proof Required: Self Certificate from the bidder).
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6) Authorized partner of OEM with the certificate mentioning the implementation capabilities of SAP, valid as on date of submission of bid.
Note (w.r.t. General and Work Specific PQR):-
1) A Bidder shall be disqualified if it is determined by the DHBVN at any stage of bidding process that the Bidder has made misleading or false representation in the form, statements and attachments in the proof of the qualification requirements.
2) The bidders shall submit requisite documents justifying the proof of eligibility. 3) The Supplementary information or documentation regarding qualifications
may be sought from the Bidders at any time and must be so provided within a reasonable time frame as stipulated by the DHBVN.
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Operational Time after Award of Contract
The successful bidder shall start the operations related with the project within 30
calendar days from the date of issue of LOI.
Tenure of Contract
As mentioned in the scope of work the tenure of the contract shall be 1 years from
the date of issue of LOI and further extendable up to another 4 years on yearly basis
on the basis of overall performance of the vendor.
Service Level Agreement & Penalties The failure to meet SLAs any time during the engagement period would invite the
penalties as specified below.
Penalty On Account Of Operational Deficiencies
After commencement of operations of the billing center the deficiencies in operation,
maintenance and failure to meet SLAs will attract penalties as under:
Sr. No.
Item Requirement Penalty
1 Resolution of Critical
Problems related to
Software Application.
(Critical Problem
shall be described as
one which is
effecting the
continuity of
business).
Critical Problems should be
resolved in 24 hours.
Penalty of Rs. 5000/- per day or
part thereof after 24 hours from
the reporting of complaint.
2 Resolution of Non-
Critical Problems
related to Software
Application.
(Non-Critical
Critical Problems should be
resolved in 72 hours.
Penalty of Rs. 2000/- per day or
part thereof after 72 hours from
the reporting of complaint.
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Problem shall be
described as one
which is not effecting
the continuity of
business).
3 Implementation of
new functionalities in
the SAP.
Implementation should be done
within the mutually agreed
specified time frame.
Penalty of Rs. 500/- per day or
part thereof after completion of
mutually agreed time frame.
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Terms and Schedule of Payment 1) Invoices and payment of the “One Time” activities, as per Price Schedule shall
be made to the vendor after completion of the activities.
2) Invoices and payment shall be made to the vendor on monthly basis for the
support activities.
3) The successful bidder shall submit the following documents: -
o Monthly Invoice in triplicate.
o Details of various monthly reports to ascertain the extent of penalties
as defined in this specifications and that the operational performance
achieved the defined SLAs.
o Other specified monthly MIS reports and data in prescribed formats in
soft copy as well in hard copy.
4) The above documents shall be submitted to the O/o SE/IT, DHBVN, Hisar,
who will scrutinize the same & forward the bill duly verified & approved for
payment to the O/o FA/MM for payment.
5) The Payments will be made on a monthly basis and will be paid on 30th day of
the expiry of a month or submission of invoices alongwith SLAs report
whichever is later subject to satisfactory achievement of SLAs during the
month. The payment shall be made from the O/o CGM/F&A/MM in the shape
of cheque.
6) Further a rebate of 0.35 percent per week or part thereof shall be availed of
by the Nigam if payment is made earlier than the period specified. The rebate
will be calculated on the payable amount.
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Policy for Bids under Consideration
From the time the Proposals are opened to the time the Contract is awarded, the
Bidders should not contact the Nigam on any matter related to its Technical and/or
Financial Proposal. Any effort by bidders to influence the Nigam in the examination,
evaluation, ranking of Proposals, and recommendation for award of Contract may
result in the rejection of the bidder’s Proposal.
Bids shall be deemed to be under consideration immediately after they are opened
and until such time official intimation of award/rejection is made by the
Nigam/Purchaser to the bidders. While the bids are under consideration, bidders
and/or their representatives or other interested parties are advised to refrain from
contacting by any means, the Nigam/purchaser and/or his
employees/representatives on matters related to the bids under consideration. In the
event of such happening the bidders proposal may be declared as rejected
irrespective of his selection or rejection on the basis of tender conditions.
The Nigam/Purchaser, if necessary, will obtain clarifications on the bids by requesting
for such information from any or all the bidders, either in writing or through personal
contact, as may be necessary. Bidder will not be permitted to change the substance
of the bid after the bid has been opened.
The Nigam reserves the right to reject or accept any Bid without assigning any
reason thereof and annul the bidding process and reject all bids, at any time prior to
contract award, without thereby incurring any liability to Bidders. In case of
annulment, all bids submitted and specifically, bid securities, shall be promptly
returned to the Bidders.
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Bid Evaluation Criteria and Process
The bidders are required to separately submit, in sealed envelops, the Qualifying
cum Technical Proposal and Financial Bids.
The technical proposal would be considered and evaluated as below:
A. The completeness of the proposal and the supporting documents would be
examined. The following documents will be checked.
i. DD for Rs <as per Data Sheet> towards purchase price of the RFP document
ii. EMD for Rs <as per Data Sheet>
B. The proposal, inter alia, would be checked for overall bid completeness and
compliance with the bid requirements and that there are no deviations in times
schedules and terms and conditions.
DHBVN may ask the bidders to make a presentation on their proposal and offerings.
The bid evaluation process shall be divided into two parts:-
1) Technical Evaluation:- The technical proposal of all the bidders shall be
evaluated. The bidders, whose technical proposal is found to be responsive
and meets the DHBVN requirements given herein, shall be qualified and the
financial proposal of only technically qualified bidders shall be opened and
considered for further evaluation. The date of opening of Financial Proposal
shall be intimated to all the Technically qualified bidders.
2) Financial Evaluation:- The Financial proposal of the technically qualified
bidders shall be opened and considered on the intimated date and time. The
bid shall be awarded on Lowest cost (i.e. L-1) basis.
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Instructions to Bidders Disclaimer
The information contained in this Tender Document or subsequently provided to
Bidder(s) or Applicants whether verbally or in documentary form by or on behalf of
DHBVN or any of their employees or advisors, is provided to the Bidder(s) on the
terms and conditions set out in this Tender Document and all other terms and
conditions subject to which such information is provided. This Tender Document purports to provide the Bidder(s) with information to support the formulation of their Proposals. This Tender Document does not claim to contain all the information each Bidder may think of as requirement for working out its proposal. This Tender Document may not be adequate for all parties, and it is not possible for DHBVN, their employees, or advisors to consider the investment objectives, financial situation, and particular needs of each Bidder who reads or uses this Tender Document. Each Bidder should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this Tender Document and where necessary obtain independent advice from appropriate sources. DHBVN employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the precision, reliability or completeness of the Tender Document. DHBVN may in their absolute discretion, but without being under any obligation to do so, update, improve or supplement the information in this tender document any time prior to the submission of bids. Such addition, modification, deletion from the document, if done, shall be available at the same DHBVN web site where this document is made available. DHBVN will select a vendor from those bidders who are submitting proposals in
accordance with the method of selection.
The Proposal will be the basis for contract negotiations and ultimately for a signed
Contract with the selected Vendor.
Vendors should familiarize themselves with local conditions and take them into
account in preparing their Proposals. Without limitation on the generality of this rule,
vendors shall not be hired under the circumstances set forth below:
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• The Nigam will reject a proposal for award if it determines that the vendor
selected for award has engaged in corrupt or fraudulent activities in competing
for the contract in question.
• Bidders shall be aware of the provisions on fraud and corruption stated herein.
Preparation of Proposal
The bidders are requested to submit the proposal written in English
Bidder’s Qualifications Documents
• The tender document can be purchased from the Customer Care Centre, Rajgarh
Raod, Hisar during working hours on any working day on payment of Rs <as per
Data Sheet> by DD in favour of Dakshin Haryana Bijli Vitran Nigam and payable
at Hisar.
• Where the bidder had not purchased tender document from DHBVN but
downloaded it from website www.dhbvn.com, a DD of Rs <as per Data Sheet>
(non refundable) drawn in favour of AGM/EAD, Dakshin Haryana Bijli Vitran
Nigam and payable at Hisar should be attached along with the submitted
proposal.
• EMD of Rs <as per Data Sheet> in the form of DD issued by any scheduled bank,
in favour of Sr. Accounts Officer/F&A/MM, DHBVN, Hisar, payable at Hisar.
• Documents supporting the qualifying criteria including relevant experience.
DHBVN reserves the right to forfeit Earnest Money Deposit or a part thereof in
circumstances, which according to it indicate that the bidder is not earnest in
accepting/executing order placed under the specification.
The proposal shall contain Technical Bid and Financial Bid separately in sealed
envelope. The technical proposal of all the bidders shall be evaluated. The bidders,
whose technical proposal is found to be responsive and meets the DHBVN
requirements given herein, shall be qualified and the financial proposal of only
technically qualified bidders shall be opened and considered for further evaluation.
The date of opening of Financial Proposal shall be intimated to all the Technically
qualified bidders.
In preparing the Proposal, the bidders are expected to examine the documents
comprising this RFP in detail. Material deficiencies in providing the information
requested may result in rejection of a Proposal.
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The bidders are not allowed to form a consortium/bidding entity /teaming agreement
to make their response to this RFP.
Financial Proposal
In preparing the Financial Proposal, the bidders are expected to take into account the
requirements and terms and conditions of the RFP document. The Financial Proposal
should follow the format given in this document. It lists all costs associated with the
assignment should be inclusive of all taxes, duties, fees, levies, service tax etc. and
other charges imposed under the applicable law, on the bidders.
The Bidders should express the price of their services in Indian Rupees.
The Data Sheet indicates how long the proposals must remain valid after the
submission date. The Nigam will make its best effort to complete the bidding process
within this period.
Earnest Money Deposit (EMD)
An Earnest Money Deposit (EMD) of Rs <as per Data Sheet> in the form of DD
drawn from any scheduled bank in favour of Sr. Accounts Officer/F&A/MM, Dakshin
Haryana Bijli Vitran Nigam, Hisar and payable at Hisar must be submitted along with
the Proposal.
Proposals not accompanied by EMD shall be rejected as non-responsive and will not
be taken up even for Pre qualification evaluation.
No interest shall be payable by the Nigam for the sum deposited as EMD.
The EMD of the unsuccessful bidders would be returned within one month of signing
of the contract
The Nigam shall forfeit the EMD in case of the following:
If, proposal is withdrawn during the validity period or any extension agreed by the
bidder thereafter.
If the bidder tries to influence the evaluation process.
Submission, Receipt and Opening of Proposals
The bidder will submit their proposals complete in all respects with enclosures.
The original Technical proposal shall contain no interlineations or overwriting, except
as necessary to correct errors made by the bidders themselves. The person who
signed the proposal must initial such corrections. In case of Financial proposal no
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interlineations or overwriting shall be considered and in such case the Financial
proposal shall be considered as non-responsive and hence rejected.
An authorized representative of the bidder shall initial all pages of the original
Proposal and Financial Proposal. The authorization shall be in the form of a duly
notarized written power of attorney accompanying the Proposal.
The signed Proposal document and Financial Proposal shall be marked "ORIGINAL".
The original and all 3 copies of the Proposal shall be placed in a sealed envelope.
The Technical and Financial Proposal shall be placed in a different sealed envelope.
The four envelopes containing separately the RFP document fee/or proof of payment,
EMD, Qualification documents & Proposal and Financial Proposal, shall be placed into
an outer envelope and sealed. This outer envelope shall bear the submission
address, reference number and be clearly marked “DO NOT OPEN, BEFORE” [insert
the time and date of the opening indicated in the Data sheet]”. The Nigam shall not
be responsible for misplacement, losing or premature opening if the outer envelope
is not sealed and/or marked as stipulated. This circumstance may be case for
Proposal rejection. Similarly the Bidders shall seal and mark each copy of the Bid.
Telegraphic / Tele fax / Telex / E-mail quotations will not be accepted.
If the Financial Proposal is not submitted in a separate sealed envelope duly marked
as indicated above, this will constitute grounds for declaring the Proposal non-
responsive.
The Proposals must be sent to the address indicated in the Data Sheet and received
by the Nigam not later than the time and the date indicated in the Data sheet, or any
extension to this date.
If the outer cover of the bid is not sealed and marked as explained above, the Nigam
will assume no responsibility for the bid's misplacement or premature opening.
Opening of the Commercial / Price Bid
The price bids of technically qualified bidders will be opened at the venue, date and
time given in the intimation. The bidders’ representatives who are present shall sign
a register evidencing their attendance.
The bidders’ names, the bid prices, the total amount of each bid and such other
details as the Purchaser may consider appropriate, will be announced and recorded
at the opening. The bidder’s representatives will be required to sign this record.
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Late Bids
Any bid received by the Nigam after the appointed time on the last date for
receipt of bids prescribed by the Nigam, will be rejected and/or returned
unopened to the Bidder.
Period of Validity of Bids
Bids shall remain valid for 180 (One hundred and eighty days) from the date of
opening of technical bids. A bid valid for a shorter period may be rejected by the
Nigam/Purchaser as non responsive.
Modification & Withdrawal of Bids
The Bidder may modify or withdraw its bid after the bid's submission, provided that
written notice of the modification or withdrawal is received by the Nigam prior to the
last date prescribed for receipt / submission of bids. The Bidder's modification shall
be prepared, sealed, marked and dispatched in accordance.
A withdrawal notice may be sent by fax but followed by a signed confirmation copy,
post marked not later than the last date and time for receipt of bids.
No bid shall be modified after the last date for receipt of bids
No bid shall be withdrawn in the interval between the last date for receipt of bids and
the expiry of the bid validity period. Withdrawal of a bid during this interval shall
result in the Bidder's forfeiture of its bid security.
Clarifications and Amendment of RFP Documents
At any time before the last date of submission of Proposals, the Nigam may for any
reason, amend the RFP by issuing an addendum / amendments in writing or by
standard electronic means. To give the bidders reasonable time in which to take an
amendment into account in their Proposals, the Nigam may, if the amendment is
substantial, extend the deadline for the submission of Proposals.
Address of Correspondence
The Bidder shall designate the official mailing address, e-mail and fax number and
the designated person to whom all correspondence shall be sent by the Nigam. Such
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details shall be provided by the bidder on a separate page duly signed by the
authorized signatory of the bid.
Cost incidental to RFP preparation
Bidders shall bear all costs associated with the preparation and submission of their
proposals and contract negotiation. DHBVN is not bound to accept any proposal, and
reserves the right to annul the selection process at any time prior to Contract award,
without thereby incurring any liability to the bidders.
Site Condition The bidder may in its own interest, before submitting the bid, inspect and examine
the area involved and satisfy itself regarding the existing system.
Bidders should inform the Nigam’s representative of their plan to visit or to obtain
additional information. Bidders should ensure that these representatives are advised
of the visit well in adequate time to enable Nigam to make appropriate
arrangements.
No claim for change in the bid or terms & conditions of the contract shall be
entertained on the ground that the conditions are different than what were
contemplated.
Terms & Conditions for Bidders
Printed terms and conditions of the Bidders will not be considered as forming part of
their bids.
In case the Equipment and Services being offered have deviations from the
Technical specifications laid down, the Bidder shall describe in what
respects and to what extent the Equipment and Services being offered
differ/deviate from the specifications, even though the deviations may not be very
material. Bidder must state categorically whether or not his offer conforms to tender
specifications and indicate deviations, if any, in the stipulated format “Deviation from
Technical Specifications”, and deviations from General Conditions as per Annexure.
If the bidder has certain deviations, such deviations may or may not be accepted on
its merit subject to financial and technical implications. The bid must include a
separate statement indicating all deviations from the bid documents.
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Clarifications on Bids
The bidder is required to carefully examine the specifications and documents and
fully inform himself as to all the conditions and terms matters which may in any way
affect the Work or the cost thereof. If any Bidder finds discrepancies or omissions in
the specifications and documents or is in doubt as to the true meaning of any part,
he shall at once request in writing for an interpretation/clarification by the
Nigam/Purchaser. The Nigam/Purchaser, then, will issue interpretation and
clarifications as he may think fit in writing. After receipt of such interpretations and
clarifications, the Bidder may submit his bid but within the time and date as
specified in the Invitation to Bid. All such interpretations and clarifications shall form
a part of the specifications and documents, and accompany the bidder's proposal.
Verbal clarifications and information given by the Nigam/Purchaser or his
employee(s) or his representative(s) shall not in any way be binding on the
Nigam/Purchaser.
However, if price change is envisaged due to any clarification, supplementary bid in a
separate sealed cover, commensurate with addition/ deletion only, shall be
submitted prior to price bid opening only if agreed by the Nigam.
Legal Relationship
Nothing contained in this Contract shall be construed as establishing or creating
between the Parties, a relationship of master and servant or principal and agent.
Collusive Proposal
Bidders and their employees, agents, advisors and any other person associated with
the bidder, must not engage in any collusive proposal, anti competitive conduct or
any other similar conduct with any other bidder or any other person in relation to the
preparation or lodgment of response. This equally applies to all members of a
consortium.
In addition to any other remedies available under any law or any contract, DHBVNL
reserves the right, in its sole and absolute discretion, to reject any submission
lodged by a bidder that engaged in any collusive proposal, anti competitive conduct
or any other similar conduct with any other bidder or any other person in relation to
the preparation or lodgment of proposals.
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Return of Information to DHBVN DHBVN reserves the right, in its sole and absolute discretion, to demand that at any
stage all written information provided by DHBVN (whether confidential or otherwise
and without regard to the type of media on which such information was provided to
any bidder, including all copies of such information) be:
Returned to DHBVN, in which case the bidder must promptly return all such
information to the address identified by DHBVN; or
Destroyed by the bidder, in which case the bidder must promptly destroy all such
information and provide DHBVN with written certification that it has been destroyed.
Conflict of Interest
The Nigam requires that Vendors provide professional, objective, and impartial
advice and at all times, hold the Nigam's interests paramount, strictly avoid conflicts
with other Assignment/jobs or their own corporate interests and act without any
consideration for future work.
Without limitation on the generality of the foregoing, Vendors, and any of their
affiliates, shall be considered to have a conflict of interest and shall not be engaged
under any of the circumstances set forth below:
Conflicting activities:
A firm hired to provide consulting Assignment/job for the preparation or
implementation of a project, and any of its affiliates, shall be disqualified from
subsequently providing goods or works or Assignment/job other than consulting
Assignment/job resulting from or directly related to the firm's consulting
Assignment/job for such preparation or implementation.
A Consultant hired to prepare Terms of Reference for an Assignment/job would not
be hired for the Assignment/job in question.
A Consultant (including its Personnel and Sub-Consultants) that has a business or
family relationship with a member of the Nigam’s staff who is directly or indirectly
involved in any part of (i) the preparation of the Terms of Reference of the
Assignment/job, (ii) the selection process for such Assignment/job, or (iii)
supervision of the Contract, may not be awarded a Contract, unless the conflict
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stemming from this relationship has been resolved in a manner acceptable to the
Employer throughout the selection process and the execution of the Contract.
The vendor have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Nigam, or that may
reasonably be perceived as having this effect. Any such disclosure shall be made as
per the Standard forms of technical proposal provided herewith. If the consultant
fails to disclose said situations and if the Nigam comes to know about any such
situation at any time, it may lead to the disqualification of the Consultant during
bidding process or the termination of its Contract during execution of assignment.
Unlawful Inducements
Bidders and their employees, agents, advisers and any other person associated with
the bidder must not have violated and must not violate any applicable laws or
DHBVN policies regarding the offering of inducements in connection with the
preparation of their response. This applies to all members of a consortium.
Improper Assistance
Proposals, which in the opinion of DHBVN, have been completed with the improper
assistance of employees of DHBVN and ex-employees of DHBVN, or with the
utilization of information unlawfully obtained from DHBVN, will be excluded from
further consideration.
False or Misleading Claims
DHBVN may in its absolute discretion exclude or reject any proposal that in the
reasonable opinion only of DHBVN contains any false or misleading claims or
statements. DHBVN has no liability to any person for excluding or rejecting any such
proposal.
No Reliance
Bidders must form independent judgments about any information and other figures
in the RFP. Bidders must make their own enquiries to form their judgments. DHBVN
has no liability to any person who acts or fails to act in reliance on any information or
figures in this RFP.
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Ownership of Responses
Without affecting any intellectual property rights, which may exist in a response to
the RFP document, all responses submitted will become and remain the property of
DHBVN.
Without limiting the section, DHBVN reserves the right to copy and reproduce
responses for the purposes of evaluation, clarification, negotiation and / or contract
execution and anything else related to these purposes. In addition, DHBVN will retain
(soft and hard) copies of all responses, evaluation, negotiation or such other material
as are required for the discharge of its legal obligations and in order to efficiently and
effectively manage any contract entered into with a bidder.
Preliminary Examination of Proposals
DHBVN will examine the proposals to determine whether they are complete, whether
any computational errors have been made, whether required guarantees have been
furnished, whether the documents have been properly signed, and whether the
proposals are generally in order.
DHBVN may waive any minor non-conformity, or irregularity in a proposal that does
not constitute a material deviation, provided such waiver does not prejudice or affect
the relative ranking of any bidder.
Prior to the detailed evaluation, DHBVN will determine whether each proposal is
complete, and is substantially responsive to the RFP. For purposes of this
determination, a substantially responsive proposal shall be one that conforms to all
the terms, conditions and specifications of the RFP without material deviations,
exceptions, objections, conditions or reservation. The non-responsive proposal is:
• One that limits in any substantial way the scope, quality or performance of the
systems; or
• One that limits, in any substantial way that is inconsistent with the RFP, DHBVN’s
rights or the successful bidder’s obligations under the contract; and
• One that the acceptance of which would unfairly affect the competitive position of
other bidders who have submitted substantially responsive proposals.
If a proposal is not substantially responsive, it will be rejected by DHBVN and shall
not subsequently be made responsive by the bidder by correction of the non-
conformity.
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DHBVN’s determination of proposal’s responsiveness will be based on the contents of
the proposal itself and any written clarifications, if sought for by DHBVN, submitted
by the bidder.
1. Prior to the detailed evaluation, the owner will determine the substantial
responsiveness of each bid to the bidding document. For purpose of these
clauses, a substantially responsive bid is one which conforms to all the terms
and conditions of the bidding document without material deviations. A
material deviation is one which affects in any way the prices, quality, quantity
or delivery period of the equipment or which limits in any way to the
responsibilities or liabilities of the bidder of any right of the owner as required
in these specifications and documents. The Nigam’s determination of a bid's
responsiveness shall be based on the contents of the bid itself without
recourse to extrinsic evidence.
2. Bid price shall mean the total price quoted by each bidder for complete
package in his proposal for the complete scope of works.
3. The Nigam reserve the right to waive any minor infirmity or non- conformity
or irregularity in a bid which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative ranking of any
bidder.
Award of Contract
Notification of award will be made in writing to the successful bidder by the owner.
The contract will be deemed to have been awarded on signing of the contract.
The contract will be awarded to the best qualified and the responsive bidder offering
the lowest evaluated bid in conformity with requirements of the specifications and
documents and the owner shall be the sole judge in this regard and subject to the
provisions of these instructions to bidders and other terms and conditions detailed
out in these documents and specifications.
A responsive bid is one which accepts all terms and conditions of these specifications
and documents without any major modifications. A major modification is one which
affects in any way the prices, quality, quantity or delivery period of the equipment or
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which limits in any way the responsibilities or liabilities of the bidder or any rights of
the owner as required in these specifications and documents. However, the owner
may waive any minor formalities or irregularities in the bid.
Amendment to the Contract
No variation or modification of the terms of the Contract shall be made except by
written amendment signed by both the parties i.e. the Vendor and the Nigam.
Taxes & Duties
The bidder shall be entirely responsible for all taxes, duties, levies, octroi, license
fees, demurrage charges, insurance & transportations etc.
Whenever the supply of Goods and Related Services requires that the Supplier obtain
permits, approvals, and import and other licenses from local public authorities, the
vendor shall make its own arrangements without seeking any assistance from
DHBVN and DHBVN shall in no way be obligated to help nor condone any delay
arising out of the vendor’s failure to ensure timely supplies.
Successful Implementation and Good Performance
Any work if specifically not mentioned but reasonably implied for the successful
implementation and good performance of the proposed work is deemed to be
included and is to be executed within the ordered price.
Others
DHBVN reserves the right to:
Amend the scope of the proposed contract.
Reject or accept any bid.
Cancel the bid process and reject all applications.
Vary the area.
DHBVN shall neither be liable for any action nor be under any obligation to inform
the bidders of the grounds for any of the above actions.
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Important Instructions to Bidders for e-tender
The e-tendering sytem has been introduced in DHBVN through the portal
https://haryanaeprocurement.gov.in. The existing instructions to the bidders are for
the offline mode of submission of tenders. But, with the introduction of e-tendering
mode, the procedures as laid down below shall be followed. In the event of
contradiction between the existing ITB for offline mode and following instructions for
e-tendering, the procedures of e-tendering shall govern.
Registration of bidders on eProcurement Portal:-
All the bidders intending to participate in the tenders processed online are required
to get registered on the centralized e - Procurement Portal i.e.
https://haryanaeprocurement.gov.in. Please visit the website for more details.
Obtaining a Digital Certificate:
1) The Bids submitted online should be encrypted and signed electronically with
a Digital Certificate to establish the identity of the bidder bidding online.
These Digital Certificates are issued by an Approved Certifying Authority, by
the Controller of Certifying Authorities, Government of India.
2) A Digital Certificate is issued upon receipt of mandatory identity (i.e.
Applicant’s PAN Card) and Address proofs and verification form duly attested
by the Bank Manager / Post Master / Gazetted Officer. Only upon the receipt
of the required documents, a digital certificate can be issued. For more details
please visit the website – https://haryanaeprocurement.gov.in.
3) The bidders may obtain Class-II or III digital signature certificate from any
Certifying Authority or Sub-certifying Authority authorized by the Controller of
Certifying Authorities or may obtain information and application format and
documents required for the issue of digital certificate from:
M/s Nextenders (India) Pvt. Ltd.
O/o. DS&D Haryana,
SCO – 09, IInd Floor,
Sector – 16,
Panchkula – 134108
E - mail: [email protected]
Help Desk: 1800-180-2097 (Toll Free Number)
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4) Bid for a particular tender must be submitted online using the digital
certificate (Encryption & Signing), which is used to encrypt the data and
sign the hash during the stage of bid preparation & hash submission. In case,
during the process of a particular tender, the user loses his digital certificate
(due to virus attack, hardware problem, operating system or any other
problem) he will not be able to submit the bid online. Hence, the users are
advised to keep a backup of the certificate and also keep the copies at safe
place under proper security (for its use in case of emergencies).
5) In case of online tendering, if the digital certificate issued to the authorized
user of a firm is used for signing and submitting a bid, it will be considered
equivalent to a no-objection certificate/power of attorney /lawful authorization
to that User. The firm has to authorize a specific individual through an
authorization certificate signed by all partners to use the digital certificate as
per Indian Information Technology Act 2000. Unless the certificates are
revoked, it will be assumed to represent adequate authority of the user to bid
on behalf of the firm in the department tenders as per Information
Technology Act 2000. The digital signature of this authorized user will be
binding on the firm.
6) In case of any change in the authorization, it shall be the responsibility of
management / partners of the firm to inform the certifying authority about
the change and to obtain the digital signatures of the new person / user on
behalf of the firm / company. The procedure for application of a digital
certificate however will remain the same for the new user.
7) The same procedure holds true for the authorized users in a private/Public
limited company. In this case, the authorization certificate will have to be
signed by the directors of the company.
Opening of an Electronic Payment Account:
Tender document can be downloaded online. Bidders are required to pay the tender
documents fees online using the electronic payments gateway service. For online
payments guidelines, please refer to the Home page of the e-tendering Portal
http://haryanaeprocurement.gov.in.
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Pre-requisites for online bidding:
In order to bid online on the portal http://haryanaeprocurement.gov.in , the user
machine must be updated with the latest Java. The link for downloading latest java
applet is available on the Home page of the e-tendering Portal.
Online Viewing of Detailed Notice Inviting Tenders:
The bidders can view the detailed NIT and the time schedule (Key Dates) for all the
tenders floated through the single portal eProcurement system on the Home Page at
http://haryanaeprocurement.gov.in.
Download of Tender Documents:
The tender documents can be downloaded free of cost from the e-Procurement portal
http://haryanaeprocurement.gov.in.
Key Dates:
The bidders are strictly advised to follow dates and times as indicated in the online
Notice Inviting Tenders. The date and time shall be binding on all bidders. All online
activities are time tracked and the system enforces time locks that ensure that no
activity or transaction can take place outside the start and end dates and the time of
the stage as defined in the online Notice Inviting Tenders.
Bid Preparation (Technical & Financial) Online Payment of Tender Document
Fee, eService fee, EMD fees and Submission of Bid Seal (Hash) of online
Bids:
1) The online payment for Tender document fee, eService Fee & EMD can be
done using the secure electronic payment gateway. The Payment for Tender
Document Fee and eService Fee can be made by eligible bidders/ contractors
online directly through Debit Cards & Internet Banking Accounts and the
Payment for EMD can be made online directly through RTGS / NEFT.
2) The secure electronic payments gateway is an online interface between
contractors and Debit card / online payment authorization networks.
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3) The bidders shall upload their technical offer containing documents, qualifying
criteria, technical specification, schedule of deliveries, and all other terms and
conditions except the rates (price bid).
4) The bidders shall quote the prices in price bid format.
5) Submission of bids will be preceded by submission of the digitally signed &
sealed bid (Hash) as stated in the time schedule (Key Dates) of the Tender.
NOTE:-
(A) If bidder fails to complete the Online Bid Preparation & Submission
stage on the stipulated date and time, his/hers bid will be considered
as bid not submitted, and hence not appear during tender opening
stage.
(B) Bidders participating in online tenders shall check the validity of
his/her Digital Signature Certificate before participating in the online
Tenders at the portal http://haryanaeprocurement.gov.in.
For help manual please refer to the ‘Home Page’ of the e-Procurement website at
https://haryanaeprocurement.gov.in, and click on the available link ‘System
Requirement” to download the file.
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General Terms and Conditions
Signing of Contract
The successful bidder will have to execute the contract agreement for the proper
fulfillment of the contract. In case of ambiguous or contradictory terms and
conditions mentioned in the bid, interpretations as may be advantageous to DHBVN
may be taken, if satisfactory clarification is not furnished within the prescribed
period.
At the same time as DHBVN notifies the successful bidder that its bid has been
accepted (LOA), DHBVN will ask the bidder to submit Performance Guarantee within
15 days of the issue of such notification. On receipt of the Performance Guarantee,
the Work Order/Purchase Order will be issued and agency will submit a non-judicial
stamp paper of Rs 100 (or as applicable at the time of signing the contract) for
execution of the contract. The person to sign the agreement must be duly authorized
by the Bidding entities.
Failure of the successful bidder to sign the contract proposed through the Work
Order/Purchase Order, shall constitute sufficient grounds for the annulment of the
award, in which event, DHBVN may make the award to the next lowest bidder at the
cost of L1 or call for new bids.
Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing,
is dated, expressly refers to the Contract, and is signed by a duly authorized
representative of each party thereto.
Contract Performance Guarantee
The guarantee shall be in the form of Demand Draft/Bank Guarantee from any
Nationalized/Scheduled Bank.
On receipt of notification of award (i.e. LOA) from DHBVN the successful bidder shall
deposit performance guarantee equivalent to 10 percent of the contract value within
15 days from the issue of notification of award (i.e. LOA), failing which:
1) The issue of Purchase Order/Contract will be withheld by the concerned
authority till the receipt of performance bank guarantee or DD in lieu of
performance security.
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2) Penalty @ 0.35% per week or part thereof of the value of Performance
Guarantee would be charged from due date of submission, till the Bank
Guarantee or DD in lieu of Bank Guarantee is submitted by the firm.
3) In case the performance bank guarantee or DD in lieu of performance security
is not submitted within 45 days from the date of issue of LOA, the Nigam
reserve the right to cancel the LOA and initiate the action for allotment to L-2
firm.
The performance guarantee shall be valid up for 90 days after the expiry of warranty
period/contract period i.e. defects liability period. In case the time of completion of
work/contract period gets extended, the vendor shall get the validity of the
Performance Guarantee extended to cover such enlarged time of completion of work.
After the expiry of the warranty period/contract period + 90 days, the Performance
Guarantee shall be returned to the vendor, without any interest.
In the event of contract being determined or rescinded under the provision of any of
the Clause/Condition of the agreement, the Performance Guarantee shall stand
forfeited in full and shall be absolutely at the disposal of DHBVN.
The bidder shall not seek any interest or appreciation of the Performance Guarantee
amount deposited with DHBVN.
Delay in the Vendor’s Performance
If at any time during performance of the Contract, the Vendor should encounter
conditions, not attributable to him or his associates, impeding timely completion of
the services under the contract and performance of the services, the Vendor shall
promptly notify the Nigam in writing of the fact of the delay, its likely duration and
its cause(s). As soon as practicable, after receipt of the Vendor's notice, the Nigam
shall evaluate the situation and may at its discretion extend the Contract time for
performance, in which case the extension shall be ratified by the parties by
amendment of the Contract.
Any delay by the Contractor for reasons other than those given in the above
paragraph in the performance of its Contract obligations shall render the Vendor
liable to any or all of the following:
• Forfeiture of its performance security;
• Imposition of penalty
• Termination of the Contract for default
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Penalty for Delay in Completion
If the vendor fails to deliver on time as per the time schedule mentioned above,
the work order shall be deemed to be considered as terminated and no payment of
any sort shall be due to vendor.
Settlement of Disputes
Amicable Settlement: Performance of the contract is governed by the terms &
conditions of the contract. In case a dispute arises between the parties regarding any
matter under the contract, either Party of the contract may send a written Notice of
Dispute to the other party. The Party receiving the Notice of Dispute will consider
the Notice and respond to it in writing within 30 days after receipt. If that party
fails to respond within 30 days, or the dispute cannot be amicably settled within 60
days following the response of that party, arbitration shall become applicable.
Arbitration:
All matter questions, disputes, differences and / or claims arising out of and /or
concerning and /or in connection and /or consequences or relating to this contract
whether or not obligations of either or both parties under this contract be subsisting
at the time of such dispute and whether or not this contract has been terminated or
purported to be terminated or completed, shall be referred to the Sole Arbitration of
the M.D. DHBVN or an Officer appointed by the M.D. DHBVN as his nominee. The
Award of the Arbitration shall be final and binding on the Parties to this contract.
The objection that the Arbitrator has to deal with the matters to which the contract
relates in the course of his duties or he has expressed his views on any or all of the
matters in dispute of difference, shall not be considered as a valid-objection.
The Arbitrator may from time to time with the consent of Parties to the Contract
enlarge the time for making the Award. The venue of arbitration shall be the place
from which the acceptance of offer is issued or such other place as the Arbitrator in
his discretion may determine.
The parties to the contract agree that cost of arbitration shall the as per the
instructions of the Nigam issued / prevalent on the date of appointment of arbitrate
tribunal.
Subject to aforementioned provisions, the provisions of the Arbitration & Conciliation
Act, 1996 and the Rules there under any statutory modifications thereof for the time
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being in force, shall be deemed to apply to the Arbitration proceedings under this
clause.
Governance of Laws
The contract shall be interpreted in accordance with the Indian laws.
Dispute Settlement Jurisdiction
Jurisdiction for filing any suit in case of any dispute shall be local courts at Hisar
only.
Currency of Payment
Payment shall be made in Indian Rupees only.
Termination of contract
The purchaser may, without prejudice to any other remedy for breach of contract, by
written notice of default sent to the supplier, terminate the contract in whole or in
part:
1) If the supplier fails to deliver any or all of the deliverables within the time
period(s) specified in the contract, or any extension thereof granted by the
Purchaser; or
2) If the supplier fails to perform any other obligation under the contract within
the period specified in the contract or any extension thereof granted by the
purchaser.
3) If the supplier, in the judgement of the purchaser has engaged in corrupt or
fraudulent practices in competing for or in executing the contract
In the event the purchaser terminates the contract in whole or in part. Performance
Security (Cash/Bank Guarantee) submitted by the firm/supplier shall be forfeited.
Force Majeure
Force Majeure shall mean any event or circumstances or combination of events or
circumstances that materially and adversely affects, prevents or delays any Party in
performance of its obligation in accordance with the terms of the Agreement, but
only if and to the extent that such events and circumstances are not within the
affected party's reasonable control, directly or indirectly, and effects of which could
have prevented through Good Industry Practice or, in the case if construction
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activities through reasonable skill and care, including through the expenditure of
reasonable sums of money. Any events or circumstances meeting the description of
the Force Majeure which have same effect upon the performance of any contractor
shall constitute Force Majeure with respect to the Vendor. TheParties shall ensure
compliance of the terms of the Agreement unless affected by the Force Majeure
Events. The Vendor shall not be liable for forfeiture of its implementation /
Performance guarantee, levy of Penalties, or termination for default if and to the
extent that its delay in performance or other failure to perform its obligations under
the Agreement is the result of Force Majeure.
Force Majeure Events
The Force Majeure circumstances and events shall include the following
events to the extent that such events or their consequences (it being understood
that if a causing event is within the reasonable control of the affected party, the
direct consequences shall also be deemed to be within such party's reasonable
control) satisfy the definition as stated above.
Without limitation to the generality of the foregoing, Force Majeure Event shall
include following events and circumstances and their effects to the extent that they,
or their effects, satisfy the above requirements:
Natural events (“Natural Events”) to the extent they satisfy the foregoing
requirements including:
Any material effect on the natural elements, including Acts of God, acts of Civil and
Military authorities, lightning, fire, earthquake, cyclone, flood, storm, tornado, or
typhoon;
Explosion or chemical contamination (other than resulting from an act of war);
Epidemic such as plague;
Any event or circumstance of a nature analogous to any of the foregoing.
Governing Language
The Agreement shall be written in English language. All correspondence and other
documents pertaining to the Contract that are exchanged by the parties shall be
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written in English language. English shall be the binding and controlling language for
all matters relating to the meaning and implementation of this document.
Insurance taken by the Vendor
The Vendor (i) shall take out and maintain insurance, at its own cost but on terms
and conditions approved by the "Nigam", insurance against the risks and for the
coverage, and (ii) at the "Nigam’s” request, shall provide evidence to the "Nigam"
showing that such insurance has been taken out and maintained and that the current
premiums there for have been paid.
Handling of Document/ Confidentiality
Except with the prior written consent of the "Nigam", the Vendor and the Personnel
shall not at any time communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall the Vendor and its
Personnel make public the recommendations formulated in the course of, or as a
result of, the Services.
Personnel
General:
The Vendor shall employ and provide such qualified and experienced personnel as
are required to carry out the Services.
Removal and/or Replacement of Personnel:
If, for any reason beyond the reasonable control of the Vendor, such as resignation,
retirement, death, medical incapacity, among others, it becomes necessary to
replace any of the Personnel, the Vendor shall forthwith provide as a replacement a
person of equivalent or better experience and qualifications.
If the "Nigam" finds that any of the Personnel has committed serious misconduct or
has been charged with having committed a criminal action, or has reasonable cause
to be dissatisfied with the performance of any of the Personnel, then the Vendor
shall, at the "Nigam's” written request specifying the grounds there for, forthwith
provide as a replacement a person with qualifications and experience acceptable to
the "Nigam".
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Contract Agreement
This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound by or be liable for, any other statement, representation,
promise or agreement not set forth herein.
Modifications or Variations:
Any modification or variation of the terms and conditions of this Contract, including
any modification or variation of the scope of the Services, may only be made by
written agreement between the Parties.
In cases of substantial modifications or variations, the prior written consent of the
Nigam is required.
Modification of Scope of Work
The Nigam may at any time, by a written order given to the Vendor, make
additions/changes within the general scope of the Contract.
Corrupt & Fraudulent Practices
It is the Nigam's policy to require that Nigam’s as well as Vendors observe the
highest standard of ethics during the execution of the Contract. In pursuance of this
policy, the Nigam defines, for the purpose of this provision, the terms set forth below
as follows:
"Corrupt practice" means the offering, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the selection process or
in contract execution;
"Fraudulent practice" means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
"Collusive practices" means a scheme or arrangement between two or more
bidders/vendors, with or without the knowledge of the Nigam, designed to establish
prices at artificial, noncompetitive levels;
"Coercive practices" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of a contract;
Measures to be taken by the Nigam
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The Nigam may terminate the contract if it determines at any time that
representatives of the Vendor engaged in corrupt, fraudulent, collusive or coercive
practices during the selection process or the execution of that contract, without the
contractor having taken timely and appropriate action satisfactory to the Nigam to
remedy the situation;
The Nigam may also sanction against the Vendor, including declaring the Vendor
ineligible, either indefinitely or for a stated period of time, to be awarded a contract
if it at any time determines that the Vendor has, directly or through an agent,
engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in
executing, a contract.
Enforcement of Terms
The failure of either party to enforce at any time any of the provisions of this
Contract or any rights in respect thereto or to exercise any option here in provided,
shall in no way be construed to be a waiver of such provisions, right or options or in
any way to affect the validity of the Contract. The exercise by either party of any of
its rights herein shall not preclude or prejudice either party from exercising the same
or any other right it may have.
Blacklisting of the bidder
As the purchase order becomes a valid contract between the purchaser and supplier
on the date of its issue, no further changes in the terms and conditions thereof are
permissible and any request received in this regard from the supplier should be
summarily rejected, making it clear to supply the goods strictly in accordance with
the terms and conditions of the contract. It should be noted that such a liability can
be enforced on the supplier only if the purchase order does not contain any term or
condition contrary to what had been quoted in the supplier’s tender. Once this is
ensured, any attempt by the supplier to back out of his commitment should be taken
a serious and his earnest money deposited be forfeited forthwith, without prejudice
to any further legal remedies open to the Nigam under the relevant laws. Where
necessary, the case of supplier illegally backing out of the commitment, should also
be put up to the Whole Time Directors for consideration and to decide for black-
listing of the firm and damages, if any, to be recovered.
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Annexures
Annexure 1: General Profile of the Bidder
Kindly attach a copy of latest RoC to substantiate the information furnished against
general profile of the bidder
Details Responses
Full legal name of the firm
Year of establishment
Registered Office Address
Address for Correspondence
Telegraphic Address
Authorized person(s) to be contacted
Telephone number(s) of Authorized person(s)
Email id of Authorized person(s)
Fax number of Authorized person(s)
Whether registered under companies act or any other act
Registration Number & Date
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Annexure II: Financial Offer Guiding Note: Bidder is required to read carefully the following before quoting the
prices
I. The format enclosed herewith is to be used to quote the price. No other
format shall be used.
II. The price bid in the other formats may be rejected.
III. The total quoted price should be inclusive of all taxes and duties as per the
prevailing taxes and duties. In case of any variation in taxes and duties or
introduction of new taxes and duties/ statuary variations, the same will be in
DHBVN’s account.
IV. Each page of financial bid is to be signed.
V. In the event the enclosures, as requested, in the financial bid are not
submitted by the bidder, the bid will be considered as non responsive.
________________________
Dakshin Haryana Bijli Vitran Nigam Ltd
Vidyut Sadan, Vidyut Nagar,
Hisar (Haryana)
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Dear Sir,
The detailed quoted price in accordance with the scope of work and specifications is
as under
Sr.
No.
Activity Charges
Applicable
Unit Cost Tax Rate Total Cost
1 Dismantle and Physical
Shifting of servers
from Tikona Data
Centre to DHBVN Data
Centre at Hisar.
One Time
2 Installation of Servers
at DHBVN Data
Centre, Hisar.
One Time
2 Migration of Complete
SAP System on the
New Servers.
One Time
3 Support Please
provide the
combined
rate for 1
year (i.e. 12
months)
4 Implementation of
additional module of
SAP (i.e. HR module).
One Time (On
the basis of
Requirement)
Note –
1) For Financial evaluation, the total cost of the project for 1 year shall be
considered. The lowest bidder shall be evaluated as below.
The “Total Cost” mentioned in the table above is inclusive of all taxes, levies
and duties etc. Any statutory variation and imposition of new tax by
government shall be on Nigam’s account.
Page - 45 - of 48
2) All the payments to be made to SAP India Pvt. Ltd (i.e. SAP ATS
charges, additional cost of SAP license etc.) shall be made directly to
SAP India Pvt. Ltd. by DHBVN.
We declare the following:
The rates quoted above will remain valid for a period of 180 days from the last date
of submission.
Signature __________________________
(Seal of the Company)
Designation_________________________
Date:
Place: Enclosures of Financial bid:
Page - 46 - of 48
Annexure III: Performa of Contract Performance Bank Guarantee
(To be executed on a non-judicial stamped paper of the appropriate value)
Ref : _________________ Date _________________
Bank Guarantee No. ___________________________________________
To
1. Against contract Acceptance of the Tender No : ……………………………… covering ---------------------------------------------------------------------------------------------------------------(hereinafter called the said 'Contract') entered into between Dakshin Haryana Bijli Vitran Nigam Ltd., Vidyut Sadan, Hisar (Haryana)) (hereinafter called the Purchaser) and M/S _________________ (hereinafter called the Contractor) this is to certify that at the request of the Contractor who have entered into a contract or who unconditionally accepted the Purchaser Order, we________________Bank Ltd., are holding in trust in favour of the Purchaser, the amount of ___________________________ (write the sum here in words) to indemnify and keep indemnified the Purchaser against any loss or damage that may be caused to or suffered by the Purchaser by reason of any breach by the Contractor of any of the terms and conditions of the said contract and/or in the performance thereof. We agree that the decision of the Purchaser, whether any breach of any of the terms and conditions of the said contract and/or in the performance thereof has been committed by the Contractor and the amount of loss or damage that has been caused or suffered by the Purchaser, shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on demand and without demur to the Purchaser. 2. We __________________________________ Bank Ltd, further agree that the
guarantee herein contained shall remain in full force and effect during the period that
would be taken for satisfactory performance and fulfillment in all respects of the said
contract by the Contractor i.e. till _________________ hereinafter called the said
date and that if any claim accrues or arises against us _________________ Bank
Ltd, by virtue of this guarantee before the said date, the same shall be enforceable
against us ___________________________________________________ Bank Ltd,
notwithstanding the fact that the same is enforced within six months after the said
date, provided that notice of any such claim has been given to us
_________________ Bank Ltd, by the Purchaser before the said date. Payment
Page - 47 - of 48
under this letter of guarantee shall be made promptly upon our receipt of notice to
that effect from the Purchaser.
3. It is fully understood that this guarantee is effective from the date of the said contract
and that we _________________ Bank Ltd, undertake not to revoke this guarantee
during its currency without the consent in writing of the Purchaser.
4. We undertake to pay to the Purchaser any money so demanded notwithstanding any
dispute or disputes raised by the Contractor in any suit or proceeding pending before any
court or Tribunal relating thereto, our liability under this present bond 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 shall have no claim against us for
making such payment.
5. We __________________________________ Bank Ltd, further agree that the Purchaser shall
have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of
the terms and conditions of the said contract or to extend time of performance by the Contractor
from time to time or to postpone for any time or from time to time any of the powers exercisable
by the Purchaser against the said Contractor and to forebear or enforce any of the terms and
conditions relating to he said contract and we, _________________ Bank Ltd., shall not be
released from our liability under this guarantee by reason of any such variation or extension being
granted to the said Contractor or for any forbearance by the Purchaser to the said Contractor or
for any forbearance or omission on the part of the Purchaser or any other matter or thing
whatsoever, which under the law relating to sureties, would, but for this provision, have the effect
of so releasing us from our liability under this guarantee.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
7. We hereby agree that any claim or dispute arising under this Deed shall fall within
the jurisdiction of competent courts at Chandigarh / Panchkula
8. We hereby further declare that this Deed has been executed by our lawfully constituted
attorney legally competent to sign and execute such deeds.
Page - 48 - of 48
Place _________________
Signed ……………………………
1. Witness ……………………………… for ……………………………...
2. Witness ………………………………. Bank ……………………………
(Bank’s Common Seal)
DIRECTIONS FOR SENDING BANK GUARANTEE
Bank Guarantee shall only be accepted direct from the bank through registered dak/post duly contained in the printed envelope of the bank and shall be duly accompanied by a forwarding letter on the printed letterhead of the bank. This forwarding letter shall state that the bank guarantee has been signed by the lawfully constituted authority legally competent to sign and execute such legal instruments. Bank Guarantee shall be witnessed by two bank officers with complete address.
An attested copy of the power of attorney in favour of the executant of guarantee
along with his authenticated signatures shall be supplied with the guarantee. The
attestation shall be done by some officers of the bank other than the executant
