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IS (Procurement & Contracts) Bharat Petroleum Corporation Limited
Bharat Bhavan II, 4 & 6, Currimbhoy Road,
Ballard Estate, Mumbai 400 001.
Limited Tender through E-Procurement
Tender Supply & Implementation of Enterprise Class Disk Storage & SAN Switches
at CDC, Mumbai
CRFQ NO. 1000225539
DUE ON: 27.01.2015 AT 3.00 p.m.
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Subject: Invitation of tender for Supply & Implementation of Enterprise Class Disk Storage & SAN Switches at Primary Data Center, Mumbai (CRFQ no. 1000225539 due on 27.01.2015 at 3.00 p.m.)
1. You are invited to submit your offer in a two-part bid [(i) Technical bid comprising of Technical Specifications and confirmation to Techno-Commercial Terms and Conditions of the Tender) and (ii) Price Bids; for the subject job as per the technical specifications and on the terms & conditions contained in this tender document.
2. Please visit the website https://bpcl.eproc.in for participating in the tender and submitting your bid
online. 3. It is necessary, for all the un-registered vendors to submit an EMD of Rs. 1 lakh by DD drawn on any
scheduled Bank payable at Mumbai, in physical form in our office at the following address before due date and time failing which bids will not be considered. EMD should be in favour of ‘M/s Bharat Petroleum Corporation Limited, Mumbai’and submitted at the following address. Address: Mr. M Mangalgiri, Sr. Manager IS (P & C) Bharat Petroleum Corporation Ltd. ‘IS Department’, 2nd floor, Bharat Bhavan II, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai - 400001
4. EMD of the unsuccessful bidders shall be returned after finalization of the successful bidder.(Lowest
Quote i.e. L-1 Bidder).
5. You should submit your technical & Price bid through online. However, the instrument i.e. EMD in the form of Demand Draft and the Integrity Pact duly signed and stamped by authorized personnel of your company to be submitted in physical form on or before the due date and time of this tender.
6. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or receipt of instrument i.e. DD, Integrity Pact and NDA to be submitted in physical form due to postal delay. No claims on this account shall be entertained.
7. Incomplete tenders shall be liable for rejection without seeking any further clarification. We also reserve the right to reject any or all tenders without assigning any reasons whatsoever.
Thanking you,
Yours faithfully,
for Bharat Petroleum Corporation Ltd. M. Mangalgiri, Sr. Manager IS (Procurement & Contracts)
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Contents Prologue ........................................................................................................................................................ 4
Background ................................................................................................................................................... 4
Scope of Work ............................................................................................................................................... 4
1. Important Note to Bidders ................................................................................................................... 5
2. General Instructions to Tenderers for E-Tendering. ........................................................................... 6
3. Important Instruction to Bidders ......................................................................................................... 8
4. Integrity Pact (IP) .................................................................................................................................. 9
Commercial Terms & Conditions ................................................................................................................ 10
5. Pricing Type ........................................................................................................................................ 10
6. TAX Clause .......................................................................................................................................... 10
7. Delivery Schedule ............................................................................................................................... 10
8. Project Execution ................................................................................................................................ 11
9. Payment Term .................................................................................................................................... 11
10. Warranty, AMC & SLA .................................................................................................................... 12
11. Penalty ............................................................................................................................................ 13
12. Monitoring of SLAs ......................................................................................................................... 14
13. Non-Compliance of SLAs ................................................................................................................ 14
14. Other Contractual Stipulations ...................................................................................................... 14
Technical Bid Format .................................................................................................................................. 16
Annexure-I: Technical Specification for Enterprise Class Disk Storage & SAN Switches ............................ 17
Annexure-II: Project Services for Enterprise Class Disk Storage & SAN Switches ...................................... 26
Annexure-III: Commercial Bid Format ........................................................................................................ 28
Annexure IV: List of Storage & Switches under Buy-back ........................................................................... 30
Annexure – V: Proactive & Reactive Services ............................................................................................. 30
Annexure – VI: Declaration ......................................................................................................................... 34
Annexure – VII: Customer Reference .......................................................................................................... 36
Annexure – VIII: Integrity Pact .................................................................................................................... 37
Annexure – IX: Non Disclosure Agreement ................................................................................................. 42
Annexure – X: MANUFACTURERS’ AUTHORIZATION FORM ....................................................................... 47
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Prologue
1. While preparing this document, BPCL tried to cover all relevant information. However, vendor
should examine this document for technical feasibility and bring out any omissions in a separate chapter under “deviation Statement”, in their “Technical Bid” with relevant write-up and any such inclusions must be factored-in in their commercial bids. Once the bid is technically acceptable & commercially evaluated, it is the responsibility of the vendor to complete the Project, as per the Scope, without any further commercial impact to BPCL.
2. It is the Vendor’s responsibility to carefully review this document and understand the scope of work while quoting the bid. The Project is to be carried out on turn-key basis. Any additional software / hardware required to execute the Project will have to be made available by the vendor themselves.
Background SAP systems are being used as Corporate IT backbone for running majority of BPCL’s business processes. The SAP hardware included HP-UX based Itanium servers, Red Hat Linux based Intel Servers, Disk array systems (SAN – Storage Area Network), Tape Libraries for backup, SAN Fabric switches for connecting servers with storage and associated software. In addition to SAP, MS SQL Databases and DotNet developed critical applications like LPGNext are hosted in Intel servers. BPCL have deployed multiple Disk Array Storage viz. XP2400 (HP), Two EVA 8400 (HP) and One VNX 5300 (EMC) at the Corporate Data center (CDC) in Mumbai. SAN storage from HP is used for SAP systems and storage from EMC is used for Microsoft applications and databases. XP2400 is exclusively used for SAP production systems and EVA8400 primarily provides storage to SAP development systems in virtual environment and physical environment. All Microsoft systems including production systems source storage from VNX5300. DR site (Integrated Data center –IDC, Greater Noida) has got Hitachi Disk Array storage VSP, EVA8400 and VNX5300 for standby systems. BPCL have planned to replace XP2400, EVA8400 (old one) and DC04 SAN Switches with new consolidated enterprise class SAN storage and SAN switches through this tender.
Scope of Work This RFP is meant for following Product & Services:
Sr. No. Product / Services Details A.
Supply of Hardware with 3 years on-site comprehensive warranty
• 1 number of Enterprise Class Disk Storage. Total Usable Capacity = 360 TB.
• 2 number of Enterprise Class SAN Switches B. Services – Implementation • Installation & Configuration of the supplied Hardware,
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Sr. No. Product / Services Details associated Software & System Integration.
• Migration of systems from existing Storages & SAN Switches to New H/W.
• Training as defined in this RFP document. C. Services – Support during
warranty • Proactive, Reactive & other Service Deliverables during
warranty on Supplied H/W for 1st, 2nd and 3rd Year. • Updates & Upgrades during warranty on Supplied H/W
for 1st, 2nd and 3rd Year. D. Services – Support during Post
Warranty AMC • Proactive, Reactive & other Service Deliverables (Post
Warranty AMC) on H/W Supplied for 4th, 5th and 6th Year. • Updates & Upgrades during AMC support on supplied
H/W for 4th, 5th and 6th Year. E. Buy-back Items • On completion of entire project & 6 years of lifecycle;
destroying the data on Old Storages – XP24000 & EVA8400 (old), and removing from BPCL Premises.
• On completion of entire project & 6 years of lifecycle; removing one pair of DC04 SAN Switches from BPCL Premises.
1. Important Note to Bidders
a) This Project is to be completed on Turn-Key Basis as defined in the Annexure. Any hardware, software required for executing the project & not listed in this RFP, must be on vendor’s account and bidder must take into account all such costing while submitting bids.
b) Jobs awarded under this contract cannot be sub-contracted. c) A Pre-bid meeting would be scheduled at ERPCC, BPCL Sewri Fort Road, Sewri –East, Mumbai-
63. Meeting Room: BlueBell on 23.01.2014 at 10.00 hours. d) Venue & time will be informed subsequently. e) During technical bid evaluation the vendor may be required to give Technical Presentation on
the Architectural Design & SLAs. f) Evaluation Criteria:
• Technical bid will be accepted only if they are in the prescribed format, with complete information and technical conditions have been complied with.
• Commercial bids would be evaluated based on total cash outflow for BPCL [i.e. overall lowest quote (L1) basis]. This would include all costs such as Hardware cost, support during warranty, implementation, AMC , taxes and duties etc. and net off buyback amount and set-off.
• For supplies required within Maharashtra: In case party shall be making supplies from within Maharashtra and billing from within Maharashtra with TIN Registration (in Maharashtra), VAT CREDIT will be taken in to account while commercially evaluating the offers.
• Contract/Order shall be placed based on overall lowest quote (L1) basis.
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2. General Instructions to Tenderers for E-Tendering. a) Interested parties may download the tender from BPCL website http://www.bharatpetroleum.in
(or) from the e-tendering website https://bpcl.eproc.in and participate in the tender as per the instructions given herein, on or before the due date and time of the tender. The tender available on the BPCL website can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcl.eproc.in.
b) For registration on the e-tender site https://bpcl.eporc.in, you need to download the User Instruction Manual from the site and read it. Vendor has to select “Enrollment” and complete the “Supplier Registration Form” by filling in all the information correctly. Kindly remember the login id, password entered therein. After you complete this process, system will generate an e-mail wherein a system generated “Challenge Phrase” will be mailed to you to complete balance registration process.
c) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate with encryption of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the tenderer.
d) In case any tenderer so desires, he may contact our e-procurement service provider M/s. C1
India Pvt. Ltd., Mumbai (Contact no. 022-32444300/ 65281885/ 65281886) for obtaining the digital signature certificate.
e) Corrigendum/amendment, if any, shall be notified on the site https://bpcl.eproc.in. In case any corrigendum/amendment is issued after the submission of the bid, then such tenderers who have submitted their bids, shall be intimated about the corrigendum/amendment by a system-generated email. It shall be assumed that the information contained therein has been taken into account by the tenderer. They have the choice of making changes in their bid before the due date and time.
f) Tenderers are required to complete the following process online on or before the due date/time of closing of the tender: • Technical Bid • Priced bid
g) Directions for submitting online offers, electronically, against e-procurement tenders directly
through internet: • Tenderers are advised to log on to the website (https://bpcl.eproc.in) and arrange to
register themselves at the earliest.
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• The system time (IST) that will be displayed on e-tender web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.
• Tenderers are advised in their own interest to ensure that their bids are submitted in e-tender system well before the closing date and time of bid. If the tenderer intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.
• Once the entire process of submission of online bid is complete, the tenderers are required to go to option ‘own bid view’ through dashboard and take the print of the envelope receipt as a proof of submitted bid.
• Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.
• No manual bids/offers along with electronic bids/offers shall be permitted. h) Once the un-priced bids are opened, tenderers can see the list of tenderers who have
participated in the bid by logging on to the portal under their user ID and password and clicking on “Other Bids” view. Subsequently, once the price bids are opened, tenderers can see the rates quoted by all the participating bidders using the same option.
i) No responsibility will be taken by BPCL and/or the e-tender service provider for any delay due to connectivity and availability of website. They shall not have any liability to tenderers for any interruption or delay in access to the site irrespective of the cause. It is advisable that tenderers who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date /time so that there is sufficient time available with him/her to acquaint with all the steps and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/ time of the tender opening. The non availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials.
j) BPCL and/or the e-tender service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.
k) In case of any clarification pertaining to e-procurement process, the tenderer may contact the following agencies / personnel: • For e-procurement site (https://bpcl.eproc.in ) related issues: M/s.C1 India at contact no.
022-32444300/ 65281885/ 65281886 followed with a e-mail to id [email protected] • Mr. K S Swaminathan of BPCL at contact no. 022-22714264 followed with an email to ID
[email protected]. • For Technical related queries: Mr. L. B. Sharma of BPCL at contact No. 022-
24117816/+919819113557 followed with an email to ID [email protected]. • The responsible person of the tender is Mr. M. Mangalgiri of BPCL at contact no. 022-
22713754 / 22714214.
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3. Important Instruction to Bidders
Sr. No.
Quote & Supply of H/W & S/W
Support & Services during Implementation, Warranty & AMC
Remarks
1 Directly (OEM)
Directly (OEM) • BPCL prefers this option. • Invoice amount should be in Indian Rupees.
2 In case OEM prefers to submit quote through their Business Partner or SI
Directly (OEM) • Invoice amount should be in Indian Rupees. • OEM should intimate BPCL about the Business
Partner by submitting the MAF strictly as per the enclosed Draft MAF .
• SI/Business partner should submit an undertaking on the letterhead of the concerned OEM that the OEM will enter into back to back agreement with their SI/Business partner for supply of Hardware & Software and also OEM would provide Support & Services during Implementation, Warranty & AMC as mentioned in the Tender (CRFQ).This should be submitted alongwith the Technical bid.
• The Business Partner should submit the above back to back agreement , within 15 days of opening of Commercial bids and on intimation from BPCL, in case they become L1 bidder .
The Vendors who are meeting following qualifying criterion only can bid for this tender: • Either System Integrator (SI) or OEM itself can bid, but both cannot bid simultaneously for the
the same tender. • If an SI submits on behalf of the principal / OEM, the same shall not submit a bid on behalf of
another Principal / OEM in the same tender. • In any scenario, BPCL would like to have support (L1, L2 & L3) from the OEM. Bidder should
explicitly state the same.
On opening Technical Bids in the system on the Tender Due Date and Time, vendors shall be evaluated as per the Technical Specifications and Techno-Commercial Terms and conditions including the above mentioned instructions. Commercial bids shall be opened of those Bidders who qualify the technical bid evaluation.
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Submission of Bids Bid should be submitted online through bpcl.eproc.in in two-part bid as follows:
a) Technical Bid b) Commercial Bid
Along with technical bid following documents should also be uploaded on procurement site: • Your cover note on company’s letter head, duly signed by “Authorized signatory” indicating
if you are submitting bid as OEM or SI. • Last 3 years audited balance sheets in support of turnover. • Undertaking on Non-Judicial stamp paper of Rs. 100/- that they will maintain back-to-back
valid Contract with respective OEMs & L1/L2/L3 support will be provided by respective OEM.
4. Integrity Pact (IP)
• Proforma of Integrity Pact as per attached Annexure shall be uploaded by the Bidder/s along with the technical bid documents, duly signed by the authorized same signatory. All the pages of the Integrity Pact shall be duly signed and witnessed. Bidder's failure to upload the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.
• If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.
• If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/ Performance Bank Guarantee as per provisions of the Integrity Pact.
• Bidders may raise disputes/complaints if any, with the nominated Independent External Monitor.
Names/addressed/contact numbers of Independent External Monitors appointed to oversee implementation is as follows: Shri Brahm Dutt C-II/2282, Vasant Kunj New Delhi – 110070 Tel: 09871920282
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Commercial Terms & Conditions 5. Pricing Type
a) The quoted rates shall be valid for acceptance for the period of 90 days from the date of opening technical bid.
b) It is mandatory for the vendor to quote AMC cost post warranty in terms of percentage (%) of the basic hardware cost and which should not be less than 10% per year of the basic hardware cost.
c) The Vendor should quote separately for Basic price, Excise duty and VAT / CST as applicable in the Price Bid. Rate of Excise duty, VAT / CST and service tax as applicable on the material should be quoted separately in the un-priced bid.
d) Variation in the rates for Statutory levies/ taxes / duties during the tenure of the contract for supplies within delivery schedule will be allowed only on the submission of documentary evidence from Govt. / Statutory Authorities and its acceptance by BPCL.
e) Vendor to quote separately for Supplies i) Within Maharashtra and ii) out of Maharashtra. • In case, vendor supplies goods to locations within Maharashtra, from Maharashtra, BPCL
shall avail Vat Credit subject to the vendor has TIN Certificate for the same and billing also being made from within Maharashtra.
• Vendor should submit Maharashtra VAT Reg. No (TIN No) along with a copy of the registration certificate. All the invoices raised should be #TAX INVOICES# and should be in the manner set out under section 86 of the ACT, so as to ensure that Input Tax Credit could be availed by BPCL on purchases from you within Maharashtra.
6. TAX Clause
Rate of VAT applicable on the material supplied should be separately mentioned in the Tender Form. For deriving at the material component of the works contract please mention the method followed which can be either of the following:- a) Actual material used- giving the details of the actual material used and the applying the rate of
VAT on each as per Schedule on each of them. b) Standard deduction method- Applying the standard deduction percentage (as specified in ACT
#depending on type of contract) on the contract value to derive the material cost. c) Composition scheme- Whether opted for composition scheme under MVAT act.
7. Delivery Schedule
• All Schedules will be calculated from the Zero Date i.e. Date of issue of Purchase Order. • Delivery of the Hardware shall be made within 6 weeks from the date of PO. • Part delivery will not be considered. Even if it is delivered partly, the last shipment as per the
purchase order will be considered as delivered date. • Road permits / Entry permits shall be made available to the vendor by the respective location.
However, the same should be communicated to BPCL within 7 days in advance. • Vendor should indicate the Nodal point for deliveries/logistics and to whom Road permits are to
be sent. • Delivery as per the purchase order has to be made before submitting the invoice for payment.
Part payment of the equipment will not be made other than payment terms. • Vendor to provide complete bill of materials with part numbers which will be required to
identify proper delivery.
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• Delayed Delivery: Penalty @ 0.5% per week or part thereof, maximum up to 5% of the total purchase order value shall be deducted for delayed delivery at the time of making first payment.
• Vendor shall supply and install the Hardware as per the address given below: CDC: BPCL Corporate Data Centre, “A” Installation, Sewri Fort Road, Sewri -East, Mumbai, Maharashtra. PIN: 400015.
8. Project Execution • Testing, commissioning & integration of the total system / solution as defined in the Annexure
and final acceptance by BPCL should be completed within 8 weeks from the date of delivery. • The OEM vendor will provide “Project Services” as specified in the RFP. • The OEM Vendor is required to execute the order as a turn-key project and BPCL shall not be
responsible for any omission/deletion of any component and no additional cost shall be paid to vendor by BPCL towards the same. Such component / accessories shall be provided by Vendor at his cost.
• Delay in project execution shall attract penalty calculated @ 0.1% of PO Value per day of delay (Maximum delay of 30 calendar days), beyond which BPCL reserves the right to get project completed by third party at the cost & expenses of the successful bidder.
9. Payment Term
Sr. No. Product / Services Terms A. Supply of Hardware &
Software with 3 years on-site comprehensive warranty
Hardware & embedded software: • 50% value of supplied items (Hardware, Software &
Licenses Keys) ON receipt and physical verification of the supplied items.
• 30% value of supplied items after verification of components, configuration, commissioning, installation, implementation & migration as per acceptance sheet jointly signed by the vendor & BPCL representative.
• 20% of total value ON submission of Performance Bank Guarantee (PBG) for 20% of total PO value, valid for a 3 year period from date of receipt of items at BPCL premise.
B. Services – Implementation • 100% of the Service items (Migration, Training etc.) after delivery of the service, and acceptance by BPCL.
C. Services – Support during the warranty – 3 years
• Quarterly payment after the completion of quarter within 30 days from the date of submission of invoice duly authorized by BPCL officer.
D. Services – Support Post Warranty (3 years on-site comprehensive AMC)
• Creation of AMC PO by BPCL and to be accepted and signed by Vendor.
• Quarterly AMC Payment after the completion of quarter within 30 days from the date of submission of invoice duly authorized by BPCL officer.
• The payment against “Buy-back Items” shall be deducted from any outstanding bill. On intimation by
BPCL for upliftment of buyback items; Vendor need to remove buy-back items within 30 days failing
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which, BPCL reserves the right to dispose these items at its discretion. The cost and expenses such disposal along with buyback amount shall be deducted from any outstanding bill.
• Vendor/System Implementer will have to ensure that all invoices and other documents are signed, stamped with date by the location In-charge/BPCL officer and submitted at respective departments for payment.
• Octroi, if applicable shall be paid against original receipt only. • Successful bidder will have to ensure that all the equipment carries in-transit insurance • Payment would be made through Electronic Fund Transfer (EFT). Hence, please ensure that a bank
detail submitted by you is correct or submit the latest bank details in the format available with us. • If the equipment is shifted to any other location in India by BPCL during the Warranty / AMC period,
the vendor has to provide support under warranty/AMC period at the location. 10. Warranty, AMC & SLA
a) All Hardware & Software • 3 years warranty (1st, 2nd and 3rd Year) from the date of installation & acceptance by BPCL to
be provided by OEM Vendor. Subsequent to the 3 Years Warranty, BPCL shall enter into AMC contract with the OEM vendor at the AMC rates for a further period of 3 years on satisfactory performance on yearly basis.
• 3 years AMC support post warranty period (4th, 5th and 6th Year). • 6 Years Upgrades, Updates, patches & support on hardware from OEM with no additional
cost to BPCL.
b) Service Level Agreement (SLA): Mandatory & Non-negotiable • Successful bidder would work as single service window for all L1 & L2 calls on the hardware
and software supplied. For L3 calls, the successful bidder would initiate call logging activity with respective OEM. Successful bidder would be solely responsible for any defect in service.
• In any scenario, BPCL would like to have L1, L2 & L3 support from the OEM. Bidder should explicitly state the same.
Support Elements Hardware Support Critical – Support Yearly Planned Downtime – Hardware (Maximum on cumulative basis)
4.38 hours (Availability = 99.95%)
Call to Resolution – Hardware & Associated Software
6 Hours 24x7x365 basis
c) Service Operations – Level Defined
Support Level Defined 1st Level The responsibility of 1st Level Support is to register and classify received
Incidents and to undertake an immediate effort in order to restore a failed IT service as quickly as possible. If no solution can be achieved, 1st Level Support will transfer the Incident to expert technical support groups (2nd Level Support). 1st Level Support also processes Service Requests and keeps users informed about their Incidents' status at agreed intervals. On-site for L1 is required as & when there are changes in SAN configuration
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Support Level Defined (storage & switch). Also refer proactive & reactive support during warranty & AMC period. This support preferably should from OEM and the support engineer should be trained in supplied Storage & SAN Switch and, must have necessary skill of handling offered devices.
2nd Level 2nd Level Support takes over Incidents which cannot be solved immediately with the means of 1st Level Support. If necessary, it will request external support, e.g. from software or hardware manufacturers. The aim is to restore a failed IT Service as quickly as possible. If no solution can be found, the 2nd Level Support passes on the Incident to Problem Management.
3rd Level 3rd Level Support is typically located at hardware or software manufacturers (third-party suppliers). Its services are requested by 2nd Level Support if required for solving an Incident. The aim is to restore a failed IT Service as quickly as possible.
For all levels, in case of interdisciplinary issues, vendor will be responsible until it is proven that the problem/issue lie outside vendor’s domain.
d) Downtime & Cumulative downtime Defined
• Down Time: Any unplanned down time, irrespective of hardware or software, during which the services are not available due to the hardware / software supplied by the vendor. If downtime is due to failure of multiple units say Storage & SAN Switch then (A) for resolution purposes, each downtime is to be calculated separately and (B) for Overall uptime purposes, the time Business is affected would be taken into consideration.
• Cumulative downtime: Downtime for each instance of breakdown, irrespective of hardware or software, would be cumulated over one year.
11. Penalty
a) During Warranty for Violation of Resolution clause • For every additional hour or part there of resolution time, Penalty will be 1% of cost of the
unit under repair / replacement and will be calculated separately for each violation.
b) During AMC for Violation of Resolution clause • For every additional hour or part there of resolution time, Penalty will be 1% of AMC cost at
the site and will be calculated separately for each violation.
c) Maximum Penalty • The penalty clause is to ensure that OEM vendor is putting best efforts to honor SLAs
committed to BPCL. • Above penalties are subject to following maximum limits. Penalty Period Percentage Warranty Penalty 10% of PO Basic value
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AMC penalty (Per Annum) 30% of PO Basic value of AMC of each year respectively
• For example if PO issued is for Rs. 100 lakhs (Basic Value) & post warranty support (AMC)
cost is (@10%) say INR 10 lakhs per annum. a) Maximum penalty during warranty period would be INR 10 lakhs. b) Maximum penalty during AMC period would be INR 3 lakhs per annum.
d) Other Conditions
• During warranty period, the penalty would be calculated on year to year basis and OEM vendor has to pay the penalty on demand raised from BPCL failing which PBG of bidder would be encashed & penalty amount would be adjusted.
• During AMC period, it will be adjusted against AMC payment done at the end of quarter(s). • BPCL reserves the right to terminate the contract on reaching the maximum penalty and
take legal action for deficient service & claim suitable compensation for business losses. 12. Monitoring of SLAs
• A hard-bound register would be kept at CDC, where logs of all support calls with information such as Time (from & to), dates, Type (H/w, S/w), No of hours delay(if any) beyond SLA, reasons of delay is to be recorded in chronological order, duly signed by nominated official from BPCL side & engineer from Vendor side.
• BPCL may use computerized SLA monitoring tool for this purpose. • For logging calls, the process/tool provided by OEM should be used for L1/L2/L3 calls.
13. Non-Compliance of SLAs
• Bidders must take a note that the Max limits of penalties are upper tolerance and BPCL reserves right to terminate the contract at any point of time for breach of SLAs without reaching the Max limit of penalties and initiate legal action to claim business losses from the vendor.
14. Other Contractual Stipulations
a) Risk Purchase: If the vendor fails to supply the required quantity or if the quality of items supplied is found to be unsatisfactory or bad, BPCL will have the right to procure from elsewhere and extra cost incurred would be recovered from the vendor.
b) We reserve the right to reject the tender without assigning any reason whatsoever. c) If the equipment is shifted to any other location in India by BPCL during the warranty / AMC
period, the successful vendor has to provide support under warranty/AMC period at the location.
d) Right to Audit: BPCL reserves the right to audit or inspect work performed by the vendor. BPCL may participate directly or through an appointed representative, e.g., Mutually Agreeable external auditor, in order to verify that the tasks related to this project have been performed in accordance to the procedures indicated.
e) NDA Clause: The successful bidder has to sign the 'Non Disclosure Agreement(NDA)' on Rs. 100/- stamp paper (Non Judicial) from their competent authority as a compliance for the 'Non Disclosure Agreement' in line with BPCL's IS Security Policy(pl. refer Annexure-IX for details).
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Purchase orders will not be placed without entering into above NDA. If NDA has already been submitted, please ignore this clause.
f) IP (Intellectual Property) • Organization retains all rights to its pre-existing intellectual property and any intellectual
property it creates in connection with the agreement; and • The vendor assigns to organization all rights in any work product developed pursuant to the
agreement and acknowledges that all materials created by the vendor pursuant to the agreement shall be deemed to be owned by the organization. If the vendor will not agree to an assignment, then the vendor should, at a minimum, grant organization a perpetual, irrevocable, worldwide, royalty-free license to use the work product developed pursuant to the agreement.
g) Force Measure Clause: The parties to this agreement cannot be responsible for any failure of performance or delay in performance of their obligations there under if such failure or delay shall be the result of any Government Directive relevant to this agreement or due to war, hostilities, act of public enemy, riots or civil commotion’s, strikes, lock out, fire, floods, epidemics or act of God, arrests and restraints or rulers and people political or administrative acts of recognized or defacto Government Import or Export restrictions, compliance with any Government or local authority or any other cause or cause beyond the control of the parties hereto.
h) Arbitration clause: • In case of any dispute or differences arising under and out of, or in connection with the
contract, shall be referred to the sole arbitration by an arbitrator appointed under the provision of Indian arbitration Act and conciliation Act 1996 and subject to jurisdiction of courts in Mumbai only.
• In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation shall be final and binding
Limitation of liability will be restricted to Total Contract Value. ALL ABOVE TERMS & CONDITIONS ARE ACCEPTABLE TO US. SIGNATURE & NAME OF THE PERSON COMPANY SEAL
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Technical Bid Format Please provide the following information as part of your RFP bid. All information required herein must be provided. If the information provided is found to be incomplete, incorrect or unsatisfactory, the bid is liable to be rejected. Please provide following: a) List of Deviations, if any else submit NIL deviation statement. b) Power of Attorney – Attested copy. c) BPCL’s RFP duly stamped & signed by the authorized signatory in token of acceptance of all terms &
conditions mentioned in this document. d) Your cover note on company’s letter head, duly signed by “Authorized signatory” indicating if you
are submitting bid as OEM or SI. e) Technical write-up on the proposed solution for BPCL (Provide full technical write-up on the solution
offered to BPCL, including • Technical Brochure of the products. • Software licenses required & to be supplied by the vendor. • Detailed Architecture of the proposed Solution.
f) Detailed project execution plan with major milestones & deliverables at each milestone. g) Risk analysis in executing this project, if any, & proposed mitigation plan. h) Technical Specification & Compliance sheet as per Annexure-I. i) Customer References as per Annexure-VII given. j) The full Bill of Material (BOM) with part number of the vendor and the quantity needs to be
mentioned in the Technical bid. The individual items need to be clearly mentioned as Hardware, Software and Services.
k) Undertaking that the vendor is quoting for all the line items mentioned in technical bid and he will be supplying the same.
l) Provide an undertaking that the vendor will deliver “Proactive and Reactive Services” as per Annexure-V in true spirit of the contract within reasonable period in a satisfactory manner to ensure that the supplied H/W runs smoothly in BPCL environment.
m) Provide details of storage level replication in heterogeneous environment (EMC, HP, HDS and IBM etc.).
n) Written declaration that the Enterprise Storage has been tested for the load conditions mentioned e.g. IOPS with the combination of disks. This should be signed by the Product Division head from OEM. BPCL may visit one Vendor’s Labs or similar Customer site to get firsthand experience of similar load and environment.
o) Blank Commercial Bid with declaration on it that “The Commercial bid is as per the format requested & prices submitted are in the units specified in the tender without any condition attached” under the signature of the authorized signatories. In case there is any condition mentioned in commercial bid or is not in the required format, which is not mentioned in Technical bid under “Deviation Statement”, the bid is likely to be rejected.
p) Duly signed by ‘Authorized signatory’ an Integrity Pact (IP) q) Non Disclosure Agreement (NDA) form (Specimen enclosed) duly signed by the Authorized
signatory. The Bidder is required to present the proposed solution with full technical details, including architecture of the solution, Project deployment plan to BPCL. A hard copy along with soft copy of the proposed solution is required to be submitted along with the technical bid.
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Annexure-I: Technical Specification for Enterprise Class Disk Storage & SAN Switches
Technical Specification - Enterprise Class SAN Storage at CDC, Mumbai S.No. Component Specifications Compliance
(Yes/No) Enterprise Storage
1 Operating System & Clustering Support
The proposed storage should be Enterprise Class External Controller-Based (ECB) disk storage with multi-controller architecture with No Single Point of Failure. The storage architecture must support required performance and capacity scalability.
The storage array should support industry-leading Operating System platforms including: Windows Server 2008R2, VMware, Suse Enterprise Linux, RHEL 6.x, HP-UX 11.31 and above (for all OS).
The storage should support dynamic load balancing. Any software and licenses required to connect to these OS
should be supplied with the array.
Offered Storage should support all above operating systems in Clustering. The Storage should take care of multipathing connectivity to the storage using the software available at Server.
The storage offered should be of latest generation with newer technology and of recent launch. The End of Life (EoL) of the offered storage should not fall within 3 years from the date of sale and it should have at least 6 years of support from OEM from the date of installation at BPCL.
2 Configured Disks The storage should be configured with a total usable capacity of 360 TB in the following manner: a) Minimum 200GB SLC/MLC/e-MLC Enterprise SSD Disks to deliver minimum 30 TB Usable space in RAID5 disk capacity for automated tiering which is transparent and automated for specific applications. b) 300 GB, 15K RPM SAS SFF Disks to deliver 60 TB of useable space in RAID5. c) 300 GB, 15K RPM SAS SFF Disks to deliver 30 TB of useable space in RAID1. d) 900 GB or 600GB, 10K RPM SAS SFF Disks to deliver 240 TB of useable space in RAID5.
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S.No. Component Specifications Compliance (Yes/No)
3 Disk Scalability The proposed storage should support minimum 1500 Drive and should be scalable to 700 TB usable capacity with high performance SAS disks without any additional requirement of controller or any other Hardware upgrade.
4 Storage Tier Should support Tier0, Tier1 and Tier2 with SSD/EFD, SAS and SATA/NL-SAS respectively to support all on-line data storage tiers in order to maximize both system performance and capacity scalability. Any license (full capacity) required for this purpose should be included for the Proposed Storage.
5 Performance IOPS The Storage should serve minimum of 1,00,000 IOPS and it should be scalable to 2,00,000 IOPS calculated based on high performance SAS Disks. Only SAS disks will be considered for the computation of IOPS and drives should not be busy more than 50%.
6 Base Cache Memory
Minimum 768 GB Cache expandable to 1536 GB.
Cache shall be dynamically managed for Read and Write operations.
Shall have dynamic management of Cache block size (Optional).
The Global cache should be capable of mirroring all writes and keeping a single cached copy of read data thereby eliminating cache wastage for mirrored reads and optimizing utilization of cache resources. In case read and write both cache is mirrored by storage, vendor has to provide additional cache requirement for mirroring read data.
Backup cache write data that has not yet been de-staged to the hard disk drive or solid state disk (SSD) arrays in the case of power-fail scenarios, component failure or other unscheduled outages should be protected against any data loss. Cached write data in these scenarios should be mirrored in the data cache on separate power boundaries (different Data Cache modules).
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S.No. Component Specifications Compliance (Yes/No)
7 Architecture & Processing Power
Controller Architecture with minimum 4 numbers of controllers and scalable to 8 controllers. Controller means a device that is used for performing group of task like connecting front-end & back-end, Controlling IO operations, Memory & processor.
Overall uptime of 99.95% (Average Uptime on Monthly basis) with 0.05% for planned downtime.
No single point of failure. Adequate technical details to be provided, as a part of technical
write-up in technical bid, in support of above.
8 No Single point of Failure
Offered Storage Array will be configured in a "No Single Point of Failure" configuration including Array Controller card, back-plane, Cache memory, FAN, Power supply etc.
9 Single Electronics Failures
Single Electronics Failures should be Invisible to the SAN and connected servers.
10 Raid Support Support of RAID 1, 1+0, 5 and Raid 6. The Storage should support dynamic expansion of both RAID set
and disk group on controller and host level as per defined policies.
11 Data Protection In case of Power failure, Storage array shall be able to hold data in the cache for at-least 72 hours of time or de-stage to disk drives. Bidders shall ensure that in case of de-staging, dual redundant Standby power supplies or battery needs to be configured so as to allow sufficient time frame without loss of data in process of cache de-staging to Disk / Flash. Cache shall be backed up in case of power failure for indefinite time either using batteries or capacitors or any other equivalent/better technology. The storage should be able to sustain minimum three consecutive power failures to ensure data security and safety.
For optimal data protection, storage shall support distribution of metadata on more than one drive shelf.
12 Hosts Ports Must be configured with minimum 96 Number 8 Gb/s FC Host/SAN Ports scalable to 128 Ports with redundancy across the pair of controllers.
13 Host Ports scalability
Storage should support new emerging technologies in future such as FCoE and the 10Gig.
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S.No. Component Specifications Compliance (Yes/No)
14 Thin Provisioning/Virtual Provisioning
a) The Storage should be configured with capability of thin-provisioning, Any license (full capacity) required for this must be supplied with the storage. b) It should have support for Thin provisioning and Thin Re-claim to make the volume thin for an extended period of time.
15 Disks for archival Should support SATA/NL-SAS disks for data at rest. 16 Seamless LUN/Data
Migration Must be able to migrate data from one RAID type or set of drives to another without impacting applications within the same system. Any license (full capacity) required for this purpose should be included for the Proposed Storage.
17 Movement of data across storage Tier
The storage should provide smart and dynamic tiering functionality. It should support analysis of data activity as well as migration of data between storage tiers to achieve improved performance and TCO.
18 Quality of Service The storage array should be able to provide traffic prioritization from the hosts at the FC port level to enable guaranteed bandwidth to key business applications. The functionality is required to allow a single storage system to limit the input/output (I/O) activity of noncritical servers, such as a development server, and prioritize the performance of the business-critical servers accessing the same storage system ports. Any license (full capacity) required for this purpose should be included for the Proposed Storage.
19 Proactive Hot sparing
Must provide automatic monitoring of disk drive health and initiate a proactive background drive rebuild on un-used/spare drives.
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S.No. Component Specifications Compliance (Yes/No)
20 Remote Replication
The Storage should be capable of storage based synchronous/asynchronous remote replication between Primary and Secondary Data Centers. Synchronous/asynchronous remote replication should support solution like VMware DRS/SRM or equivalent.
Provide details of Licenses required for Remote Replication. Are they included as part of Storage Solution?
Please specify, if Multi-site replication at Storage level can be provided without any additional cost.
21 Local Replication/BCV
The storage system should support comprehensive snapshot and full copy clone images functionality to provide point in time recovery for production data with no noticeable degradation in performance. If any license is required, the same is to be provided with the storage for unlimited size and unlimited number of copies/snapshots. Proposed storage solution should have the licenses (full capacity) of all flavors of local copy like, full copy, incremental copy and point in time copy and any other form applicable.
22 Security/Access Controls
Must provide multiple levels of access control including role-based security and auditing capability.
23 Availability Must provide availability of 99.95% computed on avg. Quarterly basis with 0.05% for planned downtime.
24 Load Balancing & Multi-path
Storage should support dynamic load balancing of IO among available controllers. Multi-path and load balancing software (along with licenses) shall be provided, if vendor does not support MPIO functionality of Operating system.
25 Storage Array Configuration & Management Software
Vendor shall provide Storage Array configuration and Management software.
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S.No. Component Specifications Compliance (Yes/No)
26 Microcode Updates
Offered storage shall support online non-disruptive firmware upgrade for both Controller & disk drives and can be non-disruptively backed out. Microcode updates should impact less than 25% of the array’s performance / throughput. Controller Micro code / Firmware upgrade should be completed within the scope of Support/Maintenance period.
The proposed system should provide both internal logging for all changes made to the environment and external interfaces for either extraction or direct reporting to a third-party platform.
27 Repair Activities and Capacity upgrades
Supports online maintenance and should be Invisible to the SAN and connected application servers. It should not impact more than 25% of the array’s performance / throughput during online maintenance.
28 Re-build time Vendor to provide rebuild feature and specify the re-build time in each RAID groups (Assume for a base figure of 900 GB 10K RPM fully populated space).
29 Management Should support application integration for ease of administration in a complex virtualized environment.
30 Performance Management
Vendor shall also provide the performance management software for Storage Array with historical reporting.
31 Replication between sites
Replication between two sites could be through either IP based replication (i.e. FC to IP conversion) offered by storage or FC-IP connectivity at SAN fabric level. Offered storage System should support additional native IP ports for the storage based replication. In case vendor does not offer native replication ports then additional devices required for replication like FC-IP router to be informed in the proposed solution.
Vendor has to provide details of additional equipment / license, if any, required implementing the above said replication in near future.
32 Hot Spare Disks a) Offered Storage Array shall support distributed Global hot Spare for offered Disk drives. b) Global hot spare shall be configured as per industry practice.
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S.No. Component Specifications Compliance (Yes/No)
33 Compatibility with Existing IT Infrastructure
Existing running LAN, SAN, Storage and Backup Infrastructure at CDC: LAN - CISCO L3/L2 Switches. SAN - Multiple 32 port Brocade/HP SAN Switches. Storage - XP24000/EVA8400 from HP & VNX5300 from EMC. Tape Library - ESL712e from HP. Backup Software - HP Data Protector 6.2 & above, TSM 6.0 & above. Virtualized SAP Systems on VMware 5.1/RHEL/Oracle 11g/Oracle 12c platform. Storage vendor needs to ensure that the Storage works with the above Infrastructure and has to carry out Migration of systems using above Infrastructure. During implementation stage, issues relating to compatibility (Hardware & Software) needs to be addressed by the storage vendor. Vendor should resolve any conflict arising out of implementation. No additional cost would be paid by BPCL.
34 Implementation & Support
The vendor should provide implementation & support with necessary hands-on trainings.
35 Warranty & Support
The OEM vendor should provide 3 Years comprehensive warranty, from completion of project, on the installed systems against any component, system or functional failures due to defects in products, mistakes in design, poor workmanship or errors in configurations. The OEM vendor should provide 3 years comprehensive warranty with 24x7x365 Support and 6hours CTR (call to repair). It is expected that any hardware problems reported will be resolved within “6” hours of initial engagement with the vendor, and that the proposed support contracts, cost, and model reflect this resolution timeframe. If the hardware fails to comply with the Minimum Performance and availability Level, the Service Vendor must replace a new unit with the same or better specification.
36 Buyback After successful installation and data migration vendor has to take back following hardware as buyback after the completion of 6 years life in BPCL: 1) EVA8400 - 01 Nos. 2) XP24000 - 01 Nos.
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Technical Specification - Enterprise Class SAN Switches at CDC, Mumbai Backbone SAN Switch S.No. Component Specifications Compliance
1 Compatibility SAN Brocade DCX 8510-4 Backbones. 2 Quantity 2 Number of Backbones Switches of same Configuration. 3 Number of ports 144 (Brocade DCX 8510-4) 8 Gbps universal (E, F, D, M, and EX)
Fibre Channel ports using 48-port 8 Gbps (Minimum) Fibre Channel blades.
4 Control processor Redundant (active/standby) control processor modules. 5 Inter-Chassis Links
(ICLs) Should support optical Inter-Chassis Links (ICLs) to connect Brocade DCX 8510 Backbones.
6 Chassis bandwidth 4.1 Tbps per chassis: 192 ports × 16 Gbps data rate + 1.024 Tbps ICL bandwidth.
7 High availability Integrated redundant, hot swappable cooling fans and power supplies.
8 USB 1 USB port per control processor for firmware download, support save and configuration upload/download.
9 OS & System Compatibility
Should connect to systems running Microsoft Windows Server 2008 and above, Red Hat Linux Enterprise (6 & above); SUSE Linux Enterprise; VMware Infrastructure 5.x, Standard or Enterprise, Hyper V, HP-UX 11.31 and above.
10 Compatibility with Existing IT Infrastructure
Existing running LAN, SAN, Storage and Backup Infrastructure at CDC: LAN - CISCO L3/L2 Switches. SAN - Multiple 32 port Brocade/HP SAN Switches. Storage - XP24000/EVA8400 from HP & VNX5300 from EMC. Tape Library - ESL712e from HP. Backup Software - HP Data Protector 6.2 & above, TSM 6.0 & above. Virtualized SAP Systems on VMware 5.1/RHEL/Oracle 11g/Oracle 12c platform. Storage vendor needs to ensure that the Storage works with the above Infrastructure and has to carry out Migration of systems using above Infrastructure. During implementation stage, issues relating to compatibility (Hardware & Software) needs to be addressed by the storage vendor. Vendor should resolve any conflict arising out of implementation. No additional cost would be paid by BPCL.
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S.No. Component Specifications Compliance
11 Implementation & Support
The OEM vendor should provide implementation & support with necessary hands-on trainings.
12 Warranty & Support
The OEM vendor should provide 3 Years warranty, from completion of project, on the installed systems against any component, system or functional failures due to defects in products, mistakes in design, poor workmanship or errors in configurations. The OEM vendor should provide 3 years comprehensive warranty with 24x7x365 Support. We expect that all hardware problems reported should be resolved within “6” hours of initial engagement with the providing vendor, and that the proposed support contracts, cost, and model reflect this resolution timeframe. If the hardware fails to comply with the Minimum Performance and availability Level, the Service Vendor must replace a new unit with the same or better specification.
13 Buyback After successful installation and data migration vendor has to take back following hardware as buyback after the completion of 6 years life in BPCL: 1) Brocade SAN Switch DC04 - 01 Pair.
Based on the above specifications, BPCL is of the opinion that the following OEM Models qualify and are comparable. Bidders are requested to quote for the comparable or higher version of the similar model. Bids received with lower configuration will be summarily rejected. If other models are offered, then BPCL will decide whether they are comparable and acceptable. Technical bids with unacceptable models will be rejected and no further correspondences will be entertained from bidder in this regard.
OEM SAN storage Model HP XP7 EMC VMAX3 200K or VMAX3 400K Hitachi G1000
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Annexure-II: Project Services for Enterprise Class Disk Storage & SAN Switches
Technical Specification for Project Services at Primary site- CDC, Mumbai SNo SAN Switch and
Storage Services Specifications in Brief Compliance
(Yes/ No) 1 End to end Project
Management # Supply of H/W & S/W licenses. # Creation of Master Reference Architecture Document and project plan with milestones for hardware setup considering New H/W & S/W and their Integration with existing datacenter infrastructure (Servers, LAN, SAN, Backup etc.). # Successful OEM to ensure that the Architecture design & documentation of SAN Switch & Storage is created to implement at BPCL using best practices guidelines. # Periodic project status updates to BPCL management team. # Installation of supplied H/W & S/W and their Integration with existing datacenter infrastructure(LAN, SAN, Backup etc.) as per the Master Reference Architecture Document. # Documentation, Periodic Activity Review and Knowledge sharing throughout the duration of the Project.
2 SAN Storage & SAN
Switch implementation The following tasks to be performed in compliance with the Master Reference Architecture: # Installation of SAN Storage and SAN switch at BPCL site. # Configuration of RAID groups, LUNs and presentation to hosts. # Configuration fault tolerence e.g. mirror copy, snapshots etc. # Resilient configuration of SAN switch with high availbility, Zoning and connectivity to servers, storage and backup devices. # Integration of SAN Switch & Storage to existing infrasturure. # Zoning/LUN masking for storage connectivity to VMware and physical server setups. # Configuration of auto tiering and thin provisioning. # Installation and implementation of Supplied Software Licenses such as local copy, performance manager etc.. # Configuration of automatic email notification alerts to OEM's 24x7 backend monitoring setup for repair & replacement of parts. # Demonstration and report genration of SAN switch & storage perfromance parameters for critical components such effective cache utilization, dynamic tiering, load balancing across multiple controllers.
3 Migration of systems from existing SAN switch & Storages to new Environment
# Vendor should deploy technical experts during the implementation phase who would own the migration of the servers from existing storage to the new storage. # Successful migration systems connected to existing Storages and SAN switch to new setup # Necessary hands on training to BPCL team for migration and connectivity of new systems.
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4 Ensuring of HA for Critical Applications
# The OEM vendor should demonstrate dynamic load balancing, high availbility of SAN switch etc. with no single point of failure. # Configuration local copy and online split of mirror copy.
5 Backup Integration # Configuration & Integration of new setup with existing backup Infrastructure at CDC. # Demonstration of Snapshot backup and local copy for split mirror backup of SAP systems at CDC using DP & TSM.
6 Configuring Disaster Recovery Solution using VMware SRM Solution.
# Integration of one scenario of replication to DR site using VMWare SRM.
7 De-installation of Old
Storage & SAN Switches
# Deletion of Configuration from SAN Switches and Data Format on XP24K and EVA8400 Storages. # De-installation of Old Storage & SAN Switches. # Removal of old Storage & SAN Switches from Data Center under buyback using best practices.
8 Instructor led Training # 5 Day certified Instructor led training (with training material) to 10-12 number of BPCL team members. Training could be Onsite or Offsite as directed and mutually agreed.
Note: Existing running LAN, SAN, Storage and Backup Infrastructure at CDC & IDC: LAN - CISCO L2 Switches at IDC, CISCO L3/L2 Switches at CDC. SAN - Director Class SAN Switches from Brocade at CDC. Storage - XP24000/EVA8400/VNX5300 at CDC. Backup - ESL712e/VTL/Dell PowerVault ML6020 at CDC & ESL712e/Dell PowerVault ML6020 IDC. Backup Software - Data Protector for SAP Systems & IBM TSM for non-SAP Systems. Important: It is the responsibility of the bidder/OEM vendor to ensure smooth integration with existing hardware components. Any compatibility issue encountered during implementation should be addressed by bidder/OEM vendor without any additional cost to BPCL.
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Annexure-III: Commercial Bid Format
Bill of Material for Enterprise Class Disk Storage & SAN Switches
Sr No.
Description - Type - H/W (Hardware)
Qty Required for BPCL
(A)
UOM Rate in
INR (B)
Total in INR (A) X
(B) SER (Service)
1 Enterprise Class External Controller-Based (ECB) disk storage with 360TB usable disk capacity and 768 GB cache expandable to 1536 GB. The Storage should serve minimum of 100,000 IOPS and it should be scalable to 200,000 IOPS.
H/W 1 No.
1.a Comprehensive Warranty (03 Years): Support Services for disk storage during warranty period
SER 1 LS
1.b AMC & Support Charges for 4th Year - Disk Storage: Critical Support & Support Services
SER 1 Yr.
1.c AMC & Support Charges for 5th Year - Disk Storage: Critical Support & Support Services
SER 1 Yr.
1.d AMC & Support Charges for 6th Year - Disk Storage: Critical Support & Support Services
SER 1 Yr.
2 Brocade DCX 8510-4 SAN Backbones with 144 (Brocade DCX 8510-4) 8 Gbps universal (E, F, D, M, and EX) Fibre Channel ports using 48-port 8 Gbps (Minimum) Fibre Channel blades.
H/W 2 No.
2.a Comprehensive Warranty (03 Years): Support Services for SAN Switches during warranty period
SER 1 LS
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Sr No.
Description - Type - H/W (Hardware)
Qty Required for BPCL
(A)
UOM Rate in
INR (B)
Total in INR (A) X
(B) SER (Service)
2.b AMC & Support Charges for 4th Year - SAN Switches: Critical Support & Support Services
SER 1 Yr.
2.c AMC & Support Charges for 5th Year - SAN Switches: Critical Support & Support Services
SER 1 Yr.
2.d AMC & Support Charges for 6th Year - SAN Switches: Critical Support & Support Services
SER 1 Yr.
3 Project Implementation, Migration Service & Training
SER 1 LS
4 Additional Hardware/Software/Cables H/W 1 LS
5 Additional Services SER 1 LS
6 Buyback of Old Director Class (DC04) SAN Switches
H/W 2 No.
7 Buyback of SAN Storages (XP24000 and EVA8400) and additional disks.
H/W 5 No.
8 Buyback of Management Servers of SAN Storages.
H/W 2 No.
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Annexure IV: List of Storage & Switches under Buy-back
List of Buyback Items Make Location Model/Description Manufacturer
Serial No. Equipment Type SAP
Asset Number
QTY
HP CDC XP24000 USHC048592 SAN Storage 5605263 1 HP CDC EVA8400 (old) SGH941X0YM SAN Storage 5605264 1 HP CDC DC04-1: Brocade SAN Switch USB939J02G SAN Switch 5605685 1 HP CDC DC04-2: Brocade SAN Switch USB939J02K SAN Switch 5605685 1 HP CDC DL180G6 - PA Server for XP24K SGH941X3DW Server 5605685 1 HP CDC DL180G6 - Command View
Server SGH941X3DY Server 5605685 1
HP CDC XP24K Capacity upgrade of 100 x 300GB 15K - 20TB
USHC048592 SAN Storage 5608162 1
HP CDC Additional Disks in XP24000 SAN storage at CDC
USHC048592 SAN Storage 5606457 1
HP CDC Additional Disks in EVA8400 SAN storage at CDC
SGH941X0YM SAN Storage 5606458 1
Annexure – V: Proactive & Reactive Services
Proactive & Reactive Services during Warranty & AMC Period Account Support Team • The vendor should nominate an Account Support team with escalation matrix for handling
all Proactive & Reactive Services during Warranty & AMC Period. The Account Support Team should be the single point of contact with end-to-end account ownership for all committed deliverables during Warranty & AMC Period.
• The account team should maintain a document which should have a day-to-day interpretation of the support deliverables i.e. the service that will be delivered at BPCL site with requisite details like risk to the Storage availability, plan of the proactive activities e.g. firmware upgrades, performance assessments etc.
• Vendor should deploy a Resident Engineer (RE) having over two years of working experience in SAN Storage and SAN Switches to carry out Proactive & Reactive Services during Warranty & AMC Period at primary data center at BPCL. Resident Engineer would be required to visit and to be available onsite for 9 hours twice every week as decided by BPCL. The maximum number of onsite support by RE should not exceed 120 man days per year. RE would be required to work on Saturdays/Holidays and after office hours as demanded by business and under the direction of BPCL team leads. The activities carried out by RE cannot be clubbed with any other activities being currently carried out by the vendor at BPCL and cannot be assigned to the teams already deployed at BPCL
• The RE with Vendors back-end support will be responsible for proactively assessing risks to the BPCL environment by performing problem trend analysis, proactive alerts for known
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issues or advisories and provide necessary suggestions to mitigate risks in the BPCL environment.
• An assigned RE will perform activities related to hardware, SAN Storage & Switch Administration and necessary connectivity to host with SAN devices as per best practices. RE should have thorough knowledge and well experienced in handling SAN storage and Switch supplied by the Vendor. Required technical skills and experience for the RE and Account Support Team include the followings: Trained resource in offered storage and switch technology. Hands-on experience in handling offered SAN storage and SAN Switch model. Ability to provision LUNs, Zoning, Host connectivity, security related configuration,
performance analysis and data interpretation. Thorough understanding of SAN technology and how Virtual infrastructure is
implemented with shared storage (e.g. fiber channel, iSCSI, NFS or CIFS. RDM vs VMFS) strategies for performance and optimization across logical and physical network topologies.
Proactive Services during Warranty & AMC Period at BPCL (Primary Data Center -CDC) Vendor with the help of RE and back-end support would provide following Onsite Proactive Services during Warranty & AMC Period at BPCL (CDC): • System Health Check and/or Performance Analysis: The vendor should perform tool based
health check at least once a year for the servers to assess server configuration, performance and security. Comprehensive health check reports including compliance against best practices in the areas of server configuration, performance and security should be delivered post the health check. The report should also highlight improvement areas and any gaps against best practices.
• Microcode/Firmware Upgrade: Vendor is expected to conduct routine Firmware analysis, risk and exposure to environment and share with BPCL. Vendor should also plan and execute onsite microcode upgrade activity as and when new version is released in consultation with BPCL team so as to ensure no outage of storage.
• Incident Management/Problem Management: Vendor should have robust problem management tool which can automatically send alert notification to their backend for early intimation and proactive handling of problem such as parts replacement etc. Vendor should provide troubleshooting, call logging mechanism (hardware and software) and procedure for handling incident and/or problem management of supplied hardware. In case of any component failure a notification must be generated to backend team (available 24x7) who in turn line up necessary repair/replacement of component as per SLA.
• Change Management: Vendor should plan, manage and implement changes as may be required in BPCL environment e.g. SAN/ SAN Switch connectivity to host, LUN/Volume creation, LUN presentation to host etc. Change Approvals from back-end mission critical team msut be obtained and should be shared with BPCL technical team before carrying out the activities. The change plan should be done in co-ordination with BPCL team so as to ensure or no downtime or outage of services to business.
• SAN Admin Activities: The activities which are beyond the scope of a break-fix contractual deliverables for e.g. changing operating system parameters, performance monitoring, user creations and creation of new file system can be performed using proactive services after discussion and mutual agreement by Vendor and BPCL.
• HA Assessment: The vendor should be able to carry out HA Assessments to identify single points of failure in the storage and SAN infrastructure. This should include but, not limited
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to, single point of failure analysis, storage performance analysis, gap analysis for the firmware and software versions, configuration analysis, SAN topology analysis etc.
• Configuration Management: Vendor should Configure OS features, Virtualization features, etc. to meet all current and growing requirements.
• The vendor should maintain a centralized configuration repository for all the components covered in the contract. This repository should have updated configuration information and should have secured access to BPCL and the vendor teams. The repository should also maintain revision of supplied hardware configurations.
• The vendor should proactively notify BPCL about any new releases of patches and firmware for the products covered in the contract at least on a quarterly basis.
• The vendor must provide free software updates for any version upgrade for the supplied software required by BPCL to support the application requirements.
• The vendor should deploy an availability collector tool to track the availability of servers and provide reports on a quarterly basis indicating the availability of the solution.
• The vendor should have a system to send regular alerts to BPCL team on any security alerts, product related issues, OS patch alerts etc.
• The vendor should be able to conduct Proactive assessments for the datacenter environment including areas such as power, cooling and the environmental condition in case there is a need to conduct such assessments.
Reactive Services during Warranty & AMC Period at BPCL (Primary Data Center -CDC ) Vendor with the help of RE and back-end support would provide following Onsite Reactive Services during Warranty & AMC Period at BPCL: • Periodic Monitoring of hardware, ensuring alerts configuration (e.g. heartbeat), timely
actions on generated alerts etc. • Changes required in SAN storage & switch configuration as and when required. • Call logging with back-end support and issue resolution as per SLA timelines. • Alert monitoring and checking of information/alerts if any going to backend on a daily basis
using automated tools. • Reactive support in case of issues in any servers due to storage/switch related issue, mirror
copy, snapshots, software, etc. as per SLA timelines. • Collection of logs, health check script execution and transfer of data to back-end, etc for
issue resolution, proactive service delivery. • Planning with BPCL team for maintenance schedule and participating in the same during
agreed period (e.g. Saturday night / Sunday morning). • Develop and maintain technical documentation (design specs, architecture, configuration
diagrams, standard operating procedures, processes, standards, site reference, etc.) • Promote new ideas, strategies, technologies and concepts which improve quality and
reduce costs. • Conduct environmental evaluation, coordination activities, scheduling, and execution of
migrating hosts to the virtualized environment. • Continually evaluate better ways to monitor VMware environment and recommend
solutions to improve efficiencies. • Vendor to create and configure RAID group and Host groups and present LUNs to hosts. • Vendor to create fault tolerance configuration such as mirror copy, snapshots etc. • Vendor to perform SAN Zoning, ISL configuration and connections as applicable to the
requirement. • The vendor should be capable of diagnosing the cause for hardware failure remotely using
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the events generated from the hardware event monitoring tools. • The vendor should have a facility to log a call using web interface wherein all the support
contract details should be linked. This interface should provide the incident number for monitoring the progress of the call/support ticket.
• The vendor should have flexibility to log the calls using either emails / telephone or web interface. The vendor should allow the BPCL team to monitor the progress of the case using a web interface.
• For complex incidents involving multiple technology domains, the vendor should deploy a problem manager in addition to the technology experts to resolve the issue faster.
• Vendor should proactively define an escalation matrix including the contact details of BPCL and the vendor support teams. For High priority incidents with high business impact, the vendor should execute defined escalation matrix using a Critical Event Management process.
• The vendor must develop an effective problem management system. The system must have procedures that help reduce the impact of problem and minimize its reoccurrence. It should help in identifying the root cause of the problem and proper recording and tracking of the problem till its resolution.
• The vendor should have a comprehensive known error database or knowledge database in the form a web access which is accessible to BPCL team for resolving first level issues. This is not a local database maintained to track incidents. This repository is the knowledge base of all the incidents resolved worldwide by the vendor support teams.
• The vendor should also provide a web-based mechanism for BPCL to raise a support ticket with the vendor. The vendor should be capable of analyzing the root cause of individual component level failures by testing the hardware and identifying any product level issues.
• Software updates, Version updates of all relevant components requiring upgrade/update should be delivered at no additional cost during both warranty and AMC period.
• In the event of major equipment failure which may lead to business loss for BPCL, Vendor should facilitate Level 3 resource expert availability. This should be available 24 x 7 x 365.
• Access to Level 3 resources should be available during weekends and public holidays.
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Annexure – VI: Declaration
To, Date:
Bharat Petroleum Corporation Ltd. Bharat Bhavan – II, 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001. Subject: Tender No. CRFQ No. 1000225539 Dated 27.01.2015
Supply & Implementation of Enterprise Class Disk Storage & SAN Switches at CDC, Mumbai
Sr. No. Description Response 1. Name of the Company 2. Address
Tel No. Office 3. Name of the Authorized Signatory 4. Designation of the Authorized Signatory 5. Mobile No. 6. E-mail ID 7. Bidder is OEM or System Integrator
Please Tick mark in the appropriate Box against each Line Item and confirm that the following Documents are uploaded in the system as under:
8. Bid Qualification Criterion a Your cover note on company’s letter head, duly signed by “Authorized signatory”
indicating if you are submitting bid as OEM or SI. Yes / No
b Last 3 years audited balance sheets in support of turnover. Yes / No c Undertaking on Non-Judicial stamp paper of Rs. 100/- that they will maintain
back-to-back valid Contract with respective OEMs & L1/L2/L3 support will be provided by respective OEM.
Yes / No
9. Technical Bid Criterion Yes / No a List of Deviations, if any else submit NIL deviation statement. Yes / No b Power of Attorney – Attested copy Yes / No c Your cover note on company’s letter head, duly signed by “Authorized signatory”
indicating if you are submitting bid as OEM or SI. Yes / No
d Technical write-up on the proposed solution for BPCL (Provide full technical write-up on the solution offered to BPCL, including • Technical Brochure of the products. • Software licenses required & to be supplied by the vendor. • Detailed Architecture of the proposed Solution.
Yes / No
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Sr. No. Description Response e Detailed project execution plan with major milestones & deliverables at each
milestone. Yes / No
f Risk analysis in executing this project, if any, & proposed mitigation plan. Yes / No g Technical Specification & Compliance sheet as per Annexure-I. Yes / No h Customer References as per Annexure-VII given. Yes / No i The full Bill of Material (BOM) with part number of the vendor and the quantity
needs to be mentioned in the Technical bid. The individual items need to be clearly mentioned as Hardware, Software and Services.
Yes / No
j Undertaking that the vendor is quoting for all the line items mentioned in technical bid and he will be supplying the same.
Yes / No
k Provide an undertaking that the vendor will deliver “Proactive and Reactive Services” as per Annexure-V in true spirit of the contract within reasonable period in a satisfactory manner to ensure that the supplied H/W runs smoothly in BPCL environment.
Yes / No
l Provide details of storage level replication in heterogeneous environment (EMC, HP, HDS and IBM etc.).
Yes / No
m Written declaration that the Enterprise Storage has been tested for the load conditions mentioned e.g. IOPS with the combination of disks. This should be signed by the Product Division head from OEM. BPCL may visit one Vendor’s Labs or similar Customer site to get firsthand experience of similar load and environment.
Yes / No
n Blank Commercial Bid with declaration on it that “The Commercial bid is as per the format requested & prices submitted are in the units specified in the tender without any condition attached” under the signature of the authorized signatories. In case there is any condition mentioned in commercial bid or is not in the required format, which is not mentioned in Technical bid under “Deviation Statement”, the bid is likely to be rejected.
Yes / No
o Duly signed by ‘Authorized signatory’ an Integrity Pact (IP) Yes / No p Non Disclosure Agreement (NDA) form (Specimen enclosed) duly signed by the
Authorized signatory. Yes / No
Thanking you
Yours faithfully
For company name
Authorized Signatory
Designation
Company Seal
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Annexure – VII: Customer Reference
Note: Replace the values in the bracket fields.
(Date):
To Whom it may concern
(New Company Ltd: the supplier or person who is the subject of the reference)
We confirm that we have dealt with (New Company Ltd.) since (Year). We have been using the Enterprise Disk Storage model (Model number) procured from M/s (New Company Ltd.) on (Date in dd/mm/yyyy format).
As on date, (N: Number) of concurrent SAP users of ECC 6.(XX) are in use in our company (excluding subsidiaries) and the data is being written on to the SAN storage model Enterprise Disk Storage model (Model number).
We also confirm that the Storage & SAN switch provided by M/s (New Company Ltd.) is being used in productive environment and they have provided excellent Service & Support.
We can confidently recommend M/s (New Company Ltd.) as a solid and reliable supplier, and experts in their field.
Yours faithfully
Signature Company Seal
Name: Designation:
Contact No: Email:
Note: BPCL prefers to have customer reference on their Customer letterhead. Alternatively, OEM can provide name of one customer with contact details like email, fax, phone number, contact person on their letterhead.
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Annexure – VIII: Integrity Pact
(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)
INTEGRITY PACT
Between
Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",
And
………………………..hereinafter referred to as "The Bidder/Contractor/Supplier"
Preamble The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.
In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organization "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 – Commitments of the Principal 1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles: a) No employee of the Principal, personally or through family members, will in connection with the
tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.
b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.
2. If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
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Section 2 – Commitments of the Bidder / Contractor/Supplier 1. The Bidder / Contractor/Supplier commit itself to take all measures necessary to prevent corruption.
He commits himself to observe the following principles during his participation in the tender process and during the contract execution.
a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.
b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.
c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.
d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.
2. The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above
or be an accessory to such offences. Section 3 – Disqualification from tender process and exclusion from future contracts If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. 1. If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2
such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
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2. A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.
3. The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.
4. If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
Section 4 – Compensation for Damages 1. If the Principal has disqualified the Bidder from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.
2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.
3. The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.
Section 5 -Previous Transgression 1. The Bidder declares that no previous transgression occurred in the last 3 years with any other
Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.
Section 6 – Equal treatment of all Bidders / Contractors /Suppliers/Subcontractors 1. The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in
conformity with this Integrity Pact, and to submit it to the Principal before contract signing.
2. The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.
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3. The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.
Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 – Independent External Monitors 1. The Principal has appointed competent and credible Independent External Monitors for this Pact.
The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.
2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.
3. The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.
4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.
5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit nonbinding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.
6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.
7. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the
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Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.
8. The word 'Monitor' would include both singular and plural. Section 9 – Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions 1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.
2. Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.
3. If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
………………………. ……………………………………………………. For the Principal For the Bidder/Contractor/Supplier Place ……………… Witness 1: ……………………….
(Signature/Name/Address) Date ………………. Witness 2: ……………………….
(Signature/Name/Address)
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Annexure – IX: Non Disclosure Agreement
This Agreement is made as of the ------------- 2008 between BHARAT PETROLEUM CORPORATION LTD. (BPCL) a Government of India Enterprise, having its registered office and Corporate office at Bharat Bhavan , 4&6 , Currimbhoy Road , Ballard Estate , Mumbai -400001 hereinafter referred as First Part which expression shall unless repugnant to the subject or the context mean and included its successors, nominees or assigns and M/s ------------------ -------- --------------------------------------------------------- a company incorporated under the Indian Companies Act, 1956, and having its registered office at ------------------------------------ ------------------------------------------------------ herein after called “-Second Part ” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns.
Whereas in order to pursue the business purpose of this particular project as specified in Annexure A (the “Business Purpose”), M/s---------------------------------------------------------------------------------------------- recognize that there is a need to disclose certain information, as defined in para 1 below, to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure.
In consideration of First Part’s disclosure of such information, Second Part agrees as follows:
1. This Agreement will apply to all confidential and proprietary information disclosed by First part to Second part , including information which the disclosing party identifies in writing or otherwise as Confidential before or within thirty days after disclosure to the receiving party (“Confidential Information”).
Confidential Information consists of certain specifications, designs, plans, drawings, software, prototypes and/or technical information, and all copies and derivatives containing such Information, that may be disclosed to other part by first part for and during the Purpose, which disclosing party considers proprietary or confidential (“Information”). Confidential Information may be in any form or medium, tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual observation or by any other means by other part (hereinafter referred to as the receiving party) by the First Part (hereinafter referred to as one disclosing party). Information shall be subject to this Agreement, if it is in tangible form, only if clearly marked as proprietary or confidential as the case may be, when disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be announced, and it must be reduced to writing and furnished to the receiving party within thirty (30) days of the initial disclosure.
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2. M/s --------------------------- i.e. Second Part ----------------------------------hereby agreed that during the Confidentiality Period:
a) The receiving party shall use Information only for the Purpose, shall hold Information in confidence using the same degree of care as it normally exercises to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the Information, and shall grant access to Information only to its employees who have a need to know, but only to the extent necessary to carry out the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the provisions of this Agreement applicable to the receiving party, shall reproduce Information only to the extent essential to fulfilling the Purpose, and shall prevent disclosure of Information to third parties. The receiving party may, however, disclose the Information to its consultants and contractors with a need to know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to terms at least as restrictive as those stated herein, advise them of their obligations, and indemnify the disclosing party for any breach of those obligations.
b) Upon the disclosing party's request, the receiving party shall either return to the disclosing party all Information or shall certify to the disclosing party that all media containing Information have been destroyed.
3. The foregoing restrictions on each party's use or disclosure of Information shall not apply to Information that the receiving party can demonstrate:
a) Was independently developed by or for the receiving party without reference to the Information, or was received without restrictions; or
b) Has become generally available to the public without breach of confidentiality obligations of the receiving party. The information shall not be deemed to be available to the general public merely because it is embraced by more general information in the prior possession of Recipient or of others, or merely because it is expressed in public literature in general terms not specifically in accordance with the Confidential Information; or
c) Was in the receiving party's possession without restriction or was known by the receiving party without restriction at the time of disclosure and receiving party declare of possession of such confidential information within a day upon such disclosure by disclosing party ; or
d) Pursuant to a court order or is otherwise required by law to be disclosed', provided that Recipient has notified the disclosing party immediately upon learning of the possibility of any such court order or legal requirement and has given the disclosing party a reasonable opportunity and co-operate with disclosing party to contest or limit the scope of such required disclosure including application for a protective order.
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e) Is disclosed with the prior consent of the disclosing party; or
f) The receiving party obtains or has available from a source other than the disclosing party without breach by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing party.
4. Receiving party agrees not to remove any of the other party’s Confidential Information from the premises of the disclosing party without the disclosing party’s prior written approval and exercise extreme care in protecting the confidentiality of any Confidential Information which is removed, only with the disclosing party’s prior written approval, from the disclosing party’s premises. Receiving party agrees to comply with any and all terms and conditions the disclosing party may impose upon any such approved removal, such as conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be make off of the premises.
5. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing party all tangible items containing or consisting of the disclosing party’s Confidential Information all copies thereof.
6. Receiving party recognizes and agrees that all of the disclosing party’s Confidential Information is owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, receiving party agrees that the disclosing party will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
7. As between the parties, all Information shall remain the property of the disclosing party. By disclosing Information or executing this Agreement, the disclosing party does not grant any license, explicitly or implicitly, under any trademark, patent, copyright, mask work protection right, trade secret or any other intellectual property right. The disclosing party disclaims all warranties regarding the information, including all warranties with respect to infringement of intellectual property rights and all warranties as to the accuracy or utility of such information. Execution of this Agreement and the disclosure of Information pursuant to this Agreement does not constitute or imply any commitment, promise, or inducement by disclosing party to make any purchase or sale, or to enter into any additional agreement of any kind.
8. Disclosing party’s failure to enforce any provision, right or remedy under this agreement shall not constitute a waiver of such provision, right or remedy.
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This Agreement will be construed in, interpreted and applied in accordance with the laws of India.
9. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties with respect to the parties' respective obligations in connection with Information disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect thereto. The parties can amend or modify this Agreement only by a writing duly executed by their respective authorized representatives. Neither party shall assign this Agreement without first securing the other party's written consent.
10. This Agreement will remain in effect for three years from the date of the last disclosure of Confidential Information, at which time it will terminate, unless extended by the disclosing party in writing.
11. With regard to the confidential information of M/s disclosed to BPCL, BPCL agrees to comply with all the obligations of receiving party mentioned in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers or representatives.
M/S ----------------------------- BHARAT PETROLEUM
CORPORATION LIMITED
Signature: _____________ Signature: ____________
Printed Name: _________ Printed Name: ___________
Designation: ________________ Designation: ________________________
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Exhibit A
1. Business Purpose: …………………………………………………………… …………………………………………………………………………………….
2. Confidential Information of M/s ------------------------------------------------
a. All communication/ information submitted to the BPCL relating to the proposal of M/s _______________ for the purpose of procurement and subsequent integration with existing infrastructure of BPCL, marked as confidential.
3. Confidential Information of BPCL:
a. All details relating to architecture and other Network infrastructure details
of BPCL etc.
b. All information shared in oral or in written form by BPCL with M/s-------------
-----------------------------------------------------------------.
c. Any information desired by M/s ----------------------------- shall be justified for.
d. Information downloaded or taken in physical form shall be returned/ destroyed
after use and not copied.
e. Draft Technical specifications for the various projects and Tender documents
for the same.
BPCL: ___________________ M/s-------------------------------------------
Signed Signed
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Annexure – X: MANUFACTURERS’ AUTHORIZATION FORM Ref: Date: To, Sr.Manager IIS ( P & C) M/s Bharat Petroleum Corporation Limited IIS Department , , 2nd floor, Bharat Bhavan II, 4 & 6 Currimbhoy Road Ballard Estate, Mumbai - 400001 Subject: Manufacturer Authorization for Tender No CRFQ 1000225539 Sir, We, <OEM/ Manufacturer name> having our registered office at <OEM/ Manufacturer address>, are an established and reputed manufacturer of Enterprise Storage and San Switches. We confirm that <Bidder Name> having its registered office at <Bidder Address> is our authorized partner for ________________________. We hereby authorize <Bidder Name> to quote and execute the order for the subject tender on behalf of <OEM/ Manufacturer name>. Our full support is extended to them in all respects for supply and installation. Further, we <OEM/ Manufacturer name> shall provide L1, L2 & L3 support services during entire warranty and AMC period directly by us for the offered Enterprise Storage and San Switches in India as per the terms and conditions of the tender.
We also undertake that in case of default in execution of this tender by the <Bidder Name>, the <OEM/Company Name> will take all necessary steps for successful execution of this project as per tender requirements. Thanking You For <OEM/ Manufacturer name> <(Authorized Signatory)> Name : Designation : Note: This letter of authority should be on the letterhead of the manufacturer and should be signed & stamped by Legal Officer/HR Head/Company Secretary of OEM Company/Power of Attorney.
