Enclosure to WESEE letter PC-2 to ADM/OFFICE SPACE/087 dated 04 Apr

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WESEE, West Block 5, Sec-1, RK Puram, New DelhiInvitation of Bids for

SETTING UP OF WESEE SOFTWARE DEVELOPMENT CENTRE ON THE SIXTH FLOOROF THE MTNL TELEPHONE EXCHANGE BUILDING AT

BHIKAJI CAMA PLACE, NEW DELHI

Request for Proposal (RFP) No. (03) PC-2 to ADM/OFFICE SPACE/087 dated 04 Apr16

1. Bids in sealed cover are invited for “SETTING UP OF SOFTWAREDEVELOPMENT CENTRE FOR WESEE ON THE SIXTH FLOOR OF THE MTNLTELEPHONE EXCHANGE BUILDING AT BHIKAJI CAMA PLACE, NEW DELHI” as perterms given in Part-II of this RFP. Please superscribe with the above mentionedtitle, RFP number and date of opening of the Bids on the sealed cover to avoid theBid being declared invalid.

2. The address and contact numbers for sending Bids or seeking clarificationsregarding this RFP are given below -

(a) Bids/queries to be addressed to: The Director GeneralMinistry of Defence (Navy)WESEE, Wing No.1West Block –V, RK PuramNew Delhi-110066

(b) Postal address for sending the Bids: Same as at Para 2(a) above

(c) Fax number: 26101143

3. This RFP is divided into five parts as follows:

(a) Part I – Contains general Information and Instructions for the Biddersabout the RFP such as the time, place of submission and opening of tenders,Validity period of tenders, etc.

(b) Part II – Contains essential details of the items/services required, suchas the Schedule of Requirements (SOR), Technical Specifications, DeliveryPeriod, Mode of Delivery and Consignee details.

(c) Part III – Contains Standard Conditions of RFP, which will form part ofthe Contract with the successful Bidder.

(d) Part IV – Contains Special Conditions applicable to this RFP and whichwill also form part of the contract with the successful Bidder.

(e) Part V – Contains Evaluation Criteria and Format for Price Bids.

4. This RFP is being issued with no financial commitment and the customerreserves the right to change or vary any part thereof at any stage. Customer also

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reserves the right to withdraw the RFP, should it become necessary at any stage.

Part I – General Information

1. Last date and time for depositing the Bids. The Last date of submissionof the bids will be within 21 days from the date of publishing of advertisement innewspaper. The sealed Commercial Bid should be deposited/reach by the due dateand time. The responsibility to ensure this lies with the Bidders. The bid should besealed in envelope.

2. Manner of depositing the Bids. Sealed Bids should either be dropped inthe Tender Box marked as WESEE kept near the reception office at main entranceof WEST BLOCK-V or sent by registered post at the address given above so as toreach by the due date and time. Late tenders will not be considered. Noresponsibility will be taken for postal delay or non-delivery/non-receipt of Biddocuments. Bids sent by FAX or e-mail will not be considered (unless they havebeen specifically called for by these modes due to urgency).

3. Time and date for opening of Bids. The Bid will be opened at 1500hrs on the Wednesday following Bid submission date. If the Bid submissiondate happens to be a Wednesday, then bids received till 1430 hrs will be opened.(If due to any exigency, the due date for opening of the Bids is declared a closedholiday, the Bids will be opened on the next working day at the same time or onany other day/time, as intimated by the Buyer).

4. Location of the Tender Box. Sealed bids are to be dropped in theTender Box marked as WESEE kept near the reception office at mainentrance of West Block-V. Only those Bids that are found in the tender box willbe opened. Bids dropped in the wrong Tender Box will be rendered invalid.

5. Place of opening of the Bids. Office of Logistics Officer,WESEE. The Bidders may depute their representatives, duly authorized in writing,to attend the opening of Bids on the due date and time. Rates and importantcommercial/technical clauses quoted by all Bidders will be read out in thepresence of the representatives of all the Bidders. This event will not be postponeddue to non-presence of your representative.

6. Forwarding of Bids. Single-Bid Commercial Quote should beforwarded by Bidders under their original memo / letter pad inter alia furnishingdetails like TIN number, VAT/CST number, Bank address with EFT Account ifapplicable, etc and complete postal & e-mail address of their office.

7. Clarification regarding contents of the RFP. A prospective bidder whorequires clarification regarding the contents of the bidding documents shall notifyto the Buyer in writing about the clarifications sought not later than 03 days priorto the date of opening of the Bids. Copies of the query and clarification by theBuyer will be sent to all prospective bidders who have received the biddingdocuments.

8. Modification and Withdrawal of Bids. The bidder may modify orwithdraw his bid after submission provided that the written notice of modificationor withdrawal is received by the Buyer prior to deadline prescribed for submissionof bids. A withdrawal notice may be sent by fax but it should be followed by asigned confirmation copy to be sent by post and such signed confirmation should

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reach the Buyer not later than the deadline for submission of bids. No bid shall bemodified after the deadline for submission of bids. No bid may be withdrawn inthe interval between the deadline for submission of bids and expiration of theperiod of bid validity specified. Withdrawal of a bid during this period will result inBidder’s forfeiture of bid security.

9. Clarification regarding contents of the Bids. During evaluation andcomparison of bids, the Buyer may, at its discretion, ask the bidder for clarificationof his bid. The request for clarification will be given in writing and no change inprices or substance of the bid will be sought, offered or permitted. No post-bidclarification on the initiative of the bidder will be entertained.

10. Rejection of Bids. Canvassing by the Bidder in any form, unsolicitedletter and post-tender correction may invoke summary rejection with forfeiture ofEMD. Conditional tenders will be rejected.

11. Unwillingness to quote. Bidders unwilling to quote should ensurethat intimation to this effect reaches before the due date and time of opening ofthe Bid, failing which the defaulting Bidder may be delisted for the given range ofServices as mentioned in this RFP.

12. Validity of Bids. The bids should remain valid till 90 Days from the lastdate of submission of the Bids.

13. Earnest Money Deposit: All the completed tender documents should besubmitted along with Rs. 6,00,000.00 (Rupees Six Lakhs only) earnest moneyfor total amount by way of demand draft in favour of Director General, WESEE,payable at Delhi. The EMD draft shall be placed with the bid. On opening ofcommercial quotes, earnest money will be returned to all except the L1 firm (whichwill be arrived at by a board of officers by way of screening the submittedCommercial bids). No interest will be paid on the amount of earnest money held byIndian Navy in the context of the project. EMD would stand forfeited if successfultenderer withdraws amends, impairs and derogates from the tender within thevalidity period of different phases of the related project.

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Part II – General Information

1. Schedule of Requirements – Broad Scope of work along with indicativelayout towards setting up of Software Development Centre for WESEE on the Sixthfloor of the MTNL Telephone Exchange building at Bhikaji Cama Place, New Delhi is placed atAppendix B.

2. Delivery Period. Entire setting up of Software Development Centre forWESEE in accordance with the scope of work placed at Appendix should becompleted within 45 days from the effective date of contract. Shifting to newSoftware Development Centre would commence immediately on completion ofwork.

3. Single – Bid System. Bidders are required to furnish clause by clausecompliance of RFP bringing out clearly the deviations from the RFP. The Bidder isadvised to submit the compliance statement in the following format along withcommercial Bids:-

Para of RFP specifications item-wise

Specification in V&V Plan Document (VVPD) offered

Compliance to RFP specification – whether Yes / No

In case of noncompliance, deviation from RFP to be specified in unambiguous terms.

4. Consignee details:- The Director GeneralMinistry of Defence (Navy)WESEE, Wing No.1, West Block –V, RK PuramNew Delhi-110066

Part III – Standard Conditions of RFP

The Bidder is required to give confirmation of their acceptance of the StandardConditions of the Request for Proposal mentioned below which will automaticallybe considered as part of the Contract concluded with the successful Bidder (i.e.Seller in the contract) as selected by the Buyer. Failure to do so may result inrejection of the Bid submitted by the Bidder.

1. Law. The Contract shall be considered and made in accordancewith the laws of the Republic of India. The contract shall be governed by andinterpreted in accordance with the laws of the Republic of India.

3. Effective Date of the Contract. The contract shall come into effect onthe date of signatures of both the parties on the contract (Effective Date) and shallremain valid until the completion of the obligations of the parties under thecontract. The delivers, supplies and performance at the services shall commencefrom the effective date of the contract.

4. Arbitration. All disputes or differences arising out of or in connectionwith the contract shall be settled by bilateral discussions. Any dispute,disagreement or question arising out of or relating to the Contract or relating toconstruction or performance, which cannot be settled amicably, may be resolvedthrough arbitration. The standard clause of arbitration is as per Forms DPM-7,DPM-8 and DPM-9.

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5. Penalty for use of Undue influence. The Seller undertakes thathe has not given, offered or promised to give, directly or indirectly, any gift,consideration, reward, commission, fees, brokerage or inducement to any personin service of the Buyer or otherwise in procuring the Contracts or for bearing to door for having done or forborne to do any act in relation to the obtaining orexecution of the present Contract or any other Contract with the Government ofIndia for showing or forbearing to show favour or disfavour to any person inrelation to the present Contract or any other Contract with the Government ofIndia. Any breach of the aforesaid undertaking by the Seller or any one employedby him or acting on his behalf (whether with or without the knowledge of theSeller) or the commission of any offers by the Seller or anyone employed by him oracting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or thePrevention of Corruption Act, 1986 or any other Act enacted for the prevention ofcorruption shall entitle the Buyer to cancel the contract and all or any othercontracts with the Seller and recover from the Seller the amount of any loss arisingfrom such cancellation. A decision of the Buyer or his nominee to the effect that abreach of the undertaking had been committed shall be final and binding on theSeller. Giving or offering of any gift, bribe or inducement or any attempt at anysuch act on behalf of the Seller towards any officer/employee of the Buyer or toany other person in a position to influence any officer/employee of the Buyer forshowing any favour in relation to this or any other contract, shall render the Sellerto such liability/ penalty as the Buyer may deem proper, including but not limitedto termination of the contract, imposition of penal damages, forfeiture of the BankGuarantee and refund of the amounts paid by the Buyer.

5. Agents / Agency Commission. The Seller confirms and declares to theBuyer that the Seller is the original manufacturer at the stores/ provider at theservices referred in this Contract and has not engaged any individual or firm,whether Indian or foreign whatsoever, to intercede, facilitate or in any way torecommend to the Government of India or any of its functionaries, whetherofficially or unofficially, to the award of the contract to the Seller; nor has anyamount been paid, promised or intended to be paid to any such individual or firmin respect of any such intercession, facilitation or recommendation. The Selleragrees that if it is established at any time to the satisfaction of the Buyer that thepresent declaration is in any way incorrect or if at a later stage it is discovered bythe Buyer that the Seller has engaged any such individual/firm, and paid orintended to pay any amount, gift, reward, fees, commission or consideration tosuch person, party, firm or institution, whether before or after the signing of thiscontract, the Seller will be liable to refund that amount to the Buyer. The Sellerwill also be debarred from entering into any Contract with the Government of Indiafor a minimum period of five years. The Buyer will also have a right to considercancellation of the Contract either wholly or in part, without any entitlement orcompensation to the Seller who shall in such an event be liable to refund allpayments made by the Buyer in terms of the Contract along with interest at therate of 2% per annum above LIBOR rate. The Buyer will also have the right torecover any such amount from any contracts concluded earlier with theGovernment of India.

6 Access to Books of Accounts. Not applicable.

7 Non-disclosure of Contract documents. Except with the writtenconsent of the Buyer/ Seller, other party shall not disclose the contract or anyprovision, specification, plan, design, pattern, sample or information thereof to anythird party.

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8 Liquidated Damages. In the event of the Seller's failure to submit theBonds, Guarantees and Documents, supply the stores/goods and conduct trials,installation of equipment, training, etc as specified in this contract for reasonsattributable to the SELLER, the Buyer may, at his discretion, withhold any paymentuntil the completion of the contract. The BUYER may also deduct from the SELLERas agreed, liquidated damages to the sum of 0.5% of the contract price of thedelayed/undelivered stores/services mentioned above for every week of delay orpart of a week, subject to the maximum value of the Liquidated Damages beingnot higher than 10% of the value of delayed stores/work.

9 Termination of Contract. The Buyer shall have the right to terminatethis Contract in part or in full in any of the following cases:-

(a) The delivery of the services is delayed for causes not attributable toForce Majeure for more than (01 month) after the scheduled date of delivery.

(b) The Seller is declared bankrupt or becomes insolvent.

(c) The delivery of services is delayed due to causes of Force Majeure bymore than (02 months) provided Force Majeure clause is included in

contract.

(d) The Buyer has noticed that the Seller has utilized the services of anyIndian/Foreign agent in getting this contract and paid any commission tosuch individual/company etc.

(e) As per decision of the Arbitration Tribunal.

10 Notices. Any notice required or permitted by the contract shall be writtenin the English language and may be delivered personally or may be sent by FAX orregistered pre-paid mail/airmail, addressed to the last known address of the partyto whom it is sent.

11 Transfer and Sub-letting. The Seller has no right to give, bargain, sell,assign or sublet or otherwise dispose of the Contract or any part thereof, as well asto give or to let a third party take benefit or advantage of the present Contract orany part thereof.

12 Patents and other Industrial Property Rights: The prices stated in thepresent Contract shall be deemed to include all amounts payable for the use ofpatents, copyrights, registered charges, trademarks and payments for any otherindustrial property rights. The Seller shall indemnify the Buyer against all claimsfrom a third party at any time on account of the infringement of any or all therights mentioned in the previous paragraphs, whether such claims arise in respectof manufacture or use. The Seller shall be responsible for the completion of thesupplies including spares, tools, technical literature and training aggregatesirrespective of the fact of infringement of the supplies, irrespective of the fact ofinfringement of any or all the rights mentioned above.

13 Amendments. No provision of present Contract shall be changed ormodified in any way (including this provision) either in whole or in part except byan instrument in writing made after the date of this Contract and signed on behalfof both the parties and which expressly states to amend the present Contract.

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14 Taxes and Duties

(a) General

(i) If Bidder desires to ask for excise duty or Sales Tax / VAT extra,hesame must be specifically stated. In the absence of any such

stipulation, it will be presumed that the prices include all such chargesand no claim for the same will be entertained.

(ii) If reimbursement of any Duty/Tax is intended as extra over thequoted prices, the Bidder must specifically say so. In the absence ofany such stipulation it will be presumed that the prices quoted are firmand final and no claim on account of such duty/tax will be entertainedafter the opening of tenders.

(iii) If a Bidder chooses to quote a price inclusive of any duty/tax anddoes not confirm inclusive of such duty/tax so included is firm andfinal, he should clearly indicate the rate of such duty/tax and quantumof such duty/tax included in the price. Failure to do so may result inignoring of such offers summarily.

(iv) If a Bidder is exempted from payment of any duty/tax up to anyvalue of supplies from them, he should clearly state that no suchduty/tax will be charged by him up to the limit of exemption which hemay have. If any concession is available in regard to rate/quantum ofany Duty/tax, it should be brought out clearly. Stipulations like, thesaid duty/tax was presently not applicable but the same will becharged if it becomes leviable later on, will not be accepted unless insuch cases it is clearly stated by a Bidder that such duty/tax will not becharged by him even if the same becomes applicable later on. Inrespect of the Bidders, who fail to comply with this requirement, theirquoted prices shall be loaded with the quantum of such duty/ taxwhich is normally applicable on the item in question for the purpose ofcomparing their prices with other Bidders.

(v) Any change in any duty/tax upward/downward as a result of anystatutory variation in excise taking place within contract terms shall beallowed to the extent of actual quantum of such duty/tax paid by thesupplier. Similarly, in case of downward revision in any duty/tax, theactual quantum of reduction of such duty/tax shall be reimbursed tothe Customer by the Contractor. All such adjustments shall include allreliefs, exemptions, rebates, concession etc. if any obtained by theContractor.

(b) Sales Tax / VAT

(i) If it is desired by the Bidder to ask for Sales tax / VAT to be paidas extra, the same must be specifically stated. In the absence of anysuch stipulation in the bid, it will be presumed that the prices quotedby the Bidder are inclusive of sales tax and no liability of sales tax willbe developed upon the Buyer.

(ii) On the Bids quoting sales tax extra, the rate and the nature ofSales Tax applicable at the time of supply should be shown separately.

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Sales tax will be paid to the Contractor at the rate at which it is liableto be assessed or has actually been assessed provided the transactionof sale is legally liable to sales tax and the same is payable as per theterms of the contract.

(c) Octroi Duty & Local Taxes

(i) Normally, services/materials to be supplied to GovernmentDepartments against Government Contracts are exempted from levyof town duty, Octroi Duty, Terminal Tax and other levies of local bodies.The local Town/Municipal Body regulations at times, however, providefor such Exemption only on production of such exemption certificatefrom any authorized officer. Contractor should ensure that storesordered against contracts placed by this office are exempted from levyof Town Duty/Octroi Duty, Terminal Tax or other local taxes andduties. Wherever required, they should obtain the exemptioncertificate from the Customer, to avoid payment of such local taxes orduties.

(ii) In case where the Municipality or other local body insists uponpayment of these duties or taxes the same should be paid by theContractor to avoid delay in supplies and possible demurrage charges.The receipt obtained for such payment should be forwarded to theCustomer without delay together with a copy of the relevant act or by-laws/notifications of the Municipality of the local body concerned toenable him to take up the question of refund with the concernedbodies if admissible under the said acts or rules.

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Part IV – Special Conditions of RFP

The Bidder is required to give confirmation of their acceptance of SpecialConditions of the RFP mentioned below which will automatically be considered aspart of the Contract concluded with the successful Bidder (i.e. Seller in theContract) as selected by the Buyer. Failure to do so may result in rejection of Bidsubmitted by the Bidder.

1. Performance Guarantee. The Bidder will be required to furnish aPerformance Guarantee by way of Bank Guarantee through a public sector bank ora private sector bank authorized to conduct government business (ICICI Bank Ltd.,Axis Bank Ltd or HDFC Bank Ltd.) for a sum equal to 10% of the contract valuewithin 30 days of receipt of the confirmed order. Performance Bank Guaranteeshould be valid up to 60 days beyond the date of warranty. The specimen of PBG isgiven in Form DPM-15 (Available in MoD website and can be provided on request).

2. Option Clause. The contract will have an Option Clause, wherein the Buyercan exercise an option to procure an additional 50% of the original servicesquantity in accordance with the same terms & conditions of the present contract.This will be applicable within the currency of contract. The Bidder is to confirm theacceptance of the same for inclusion in the contract. It will be entirely thediscretion of the Buyer to exercise this option or not.

3. Repeat Order Clause. The contract will be have a Repeat OrderClause, wherein the Buyer can order up to 100% quantity of the items under thepresent contract within six months from the date of supply/successful completionof this contract, the cost, terms & conditions remaining the same. The Bidder is toconfirm acceptance of this clause. It will be entirely the discretion of the Buyer toplace the Repeat order or not.

4. Tolerance Clause. To take care of any change in the requirement duringthe period starting from issue of RFP till placement of the contract, Buyer reservesthe right to 50% plus/minus increase or decrease the quantity of the services up tothat limit without any change in the terms & conditions and prices quoted by theseller. While awarding the contract, the quantity ordered can be increased ordecreased by the Buyer within this tolerance limit.

5. Payment terms. It will be mandatory for the Bidders to indicate their bankaccount numbers and other relevant e-payment details so that payments could bemade through ECS/EFT mechanism instead of payment through cheques, whereverfeasible. A copy of the model mandate form prescribed by RBI to be submitted byBidders for receiving payments through ECS is at Form DPM-11 (Available in MoDwebsite and can be given on request). 100% payment on delivery and acceptanceby the user.

6. Advance Payments: No advance payment(s) will be made.

7. Paying Authority: The JCDA (Navy), Project Seabird, 1st floor, West Block-V,RK Puram, New Delhi-110066. The payment of bills will be made through JCDA(Navy), New Delhi-110066 on submission of the following documents by the Seller

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to the Paying Authority along with the bill:

(a) Ink-signed copy of contingent bill / Seller’s bill.

(b) Ink-signed copy of Commercial invoice / Seller’s bill.

(c) Copy of Supply Order/Contract, where required under delegation ofpowers.

(d) CRVs in duplicate.

(e) Inspection note.

(f) Performance Bank guarantee / Indemnity bond where applicable.

(g) Details for electronic payment viz Account holder’s name, Bank name,Branch name and address, Account type, Account number, IFSC code, MICRcode (if these details are not incorporated in supply order/contract).

(h) Any other document / certificate that may be provided for in theSupply Order / Contract.

(i) Xerox copy of PBG.

(Note – From the above list, the documents that may be required dependingupon the peculiarities of the procurement being undertaken, may beincluded in RFP)

8. Fall clause. The following Fall clause will form part of thecontract placed on successful Bidder:-

(a) The price charged for the software supplied under the contract by theSeller shall in no event exceed the lowest prices at which the Seller sells thegoods or offer to sell goods of identical description to any persons/Organization including the purchaser or any department of the Centralgovernment or any Department of state government or any statutoryundertaking the central or state government as the case may be during theperiod till performance of all supply Orders placed during the currency of therate contract is completed.

(b) If at any time, during the said period the Seller reduces the sale price,sells or offer to sell such stores to any person/ organisation including theBuyer or any Deptt. of central Govt. or any Department of the StateGovernment or any Statutory undertaking of the Central or stateGovernment as the case may be at a price lower than the price chargeableunder the contract, the shall forthwith notify such reduction or sale or offerof sale to the Director general of Supplies & Disposals and the price payableunder the contract for the stores of such reduction of sale or offer of the saleshall stand correspondingly reduced. The above stipulation will, however, notapply to:-

(i) Exports by the Seller.

(ii) Sale of goods as original equipment at price lower than theprices charged for normal replacement.

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(iii) Sale of goods such as drugs, which have expiry dates.

(iv) Sale of goods at lower price on or after the date of completionof sale/placement of the order of goods by the authority concernedunder the existing or previous Rate Contracts as also under anyprevious contracts entered into with the Central or State Govt. Depts,including their undertakings excluding joint sector companies and/orprivate parties and bodies.

9. Risk & Expense clause.

1. Should the stores or any installment thereof not be deliveredwithin the time or times specified in the contract documents, or ifdefective delivery is made in respect of the stores or any installmentthereof, the Buyer shall after granting the Seller 45 days to cure thebreach, be at liberty, without prejudice to the right to recoverliquidated damages as a remedy for breach of contract, to declare thecontract as cancelled either wholly or to the extent of such default.

2. Should the software or any installment thereof not perform inaccordance with the specifications / parameters provided by theSELLER during the check proof tests to be done in the BUYER’scountry, the BUYER shall be at liberty, without prejudice to any otherremedies for breach of contract, to cancel the contract wholly or to theextent of such default.

3. In case of a material breach that was not remedied within 45days, the BUYER shall, having given the right of first refusal to theSELLER be at liberty to purchase, manufacture, or procure from anyother source as he thinks fit, other stores of the same or similardescription to make good:-

(i) Such default.

(ii) In the event of the contract being wholly determined thebalance of the stores remaining to be delivered there under.

4. Any excess of the purchase price, cost of manufacturer, or valueof any stores procured from any other supplier as the case may be,over the contract price appropriate to such default or balance shall berecoverable from the SELLER. Such recoveries shall not exceed 10 % ofthe value of the contract.

10. Force Majeure clause:

(a) Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations (except for failure to pay any sumwhich has become due on account of receipt of goods under the provisionsof the present contract), if the non-performance results from such ForceMajeure circumstances as Flood, Fire, Earth Quake and other acts of God aswell as War, Military operation, blockade, Acts or Actions of State Authorities

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or any other circumstances beyond the parties control that have arisen afterthe conclusion of the present contract.

(b) In such circumstances the time stipulated for the performance of anobligation under the present contract is extended correspondingly for theperiod of time of action of these circumstances and their consequences.

(c) The party for which it becomes impossible to meet obligations underthis contract due to Force Majeure conditions, is to notify in written form theother party of the beginning and cessation of the above circumstancesimmediately, but in any case not later than 10 (Ten) days from the momentof their beginning.

(d) Certificate of a Chamber of Commerce (Commerce and Industry) orother competent authority or organization of the respective country shall bea sufficient proof of commencement and cessation of the abovecircumstances.

(e) If the impossibility of complete or partial performance of an obligationlasts for more than 6 (six) months, either party hereto reserves the right toterminate the contract totally or partially upon giving prior written notice of30 (thirty) days to the other party of the intention to terminate without anyliability other than reimbursement on the terms provided in the agreementfor the goods received.

11. Specification: The following Specification clause will form part of thecontract placed on successful Bidder - The Seller guarantees to meet thespecifications and requirements as given in Part 2 of this RFP and to incorporatethe modifications to the existing design configuration to meet the specificrequirement of the Buyer Services as per modifications/requirementsrecommended after the Maintenance Evaluation Trials. All technical literature anddrawings shall be amended as the modifications by the Seller before supply to theBuyer. The Seller, in consultation with the Buyer, may carry out technicalUpgradation/ alterations in the design, drawings and specifications due to changein manufacturing procedures, indigenization or obsolescence. This will, however,not in any way, adversely affect the end specifications of the equipment. Changesin technical details, drawings repair and maintenance techniques along withnecessary tools as a result of Upgradation /alterations will be provided to theBuyer free of cost within 30 (Thirty) days of affecting such Upgradation/alterations.

12. Quality: The quality of the stores delivered/work undertaken according tothe present Contract shall correspond to the technical conditions and standardsvalid for the deliveries of the same stores for in Buyer indicated location orspecifications enumerated as per RFP and shall also include therein modification tothe stores suggested by the Buyer. Such modifications will be mutually agreed to.The Seller is required to confirm that the stores to be supplied under this Contractshall be new and shall incorporate all the latest improvements and modificationsthereto.

13. Inspection Authority. The Inspection will be carried out by theBuyers representatives. The mode of Inspection will be User Inspection..

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14. Franking clause. The following Franking clause will form part ofthe contract placed on successful Bidder –

(a) Franking Clause in the case of Acceptance of Goods. “The factthat the goods have been inspected after the delivery period and passed bythe Inspecting Officer will not have the effect of keeping the contract alive.The goods are being passed without prejudice to the rights of the Buyerunder the terms and conditions of the contract”.

(b) Franking Clause in the case of Rejection of Goods. “The factthat the goods have been inspected after the delivery period and rejected bythe Inspecting Officer will not bind the Buyer in any manner. The goods arebeing rejected without prejudice to the rights of the Buyer under the termsand conditions of the contract.”

15. Claims: The following Claims clause will form part of the contract placed onsuccessful Bidder –

(a) The claims may be presented either: (i) on quantity of the stores,where the quantity does not correspond to the quantity mentioned inthe contract, or (ii) on quality of the stores, where quality does notcorrespond to the quality mentioned in the contract.

(b) The quantity claims for deficiency of quantity shall be presentedwithin 45 days of completion of acceptance of goods. The quantityclaim shall be submitted to the Seller as per Form DPM-22 (Available inMoD website and can be given on request).

(c) The quality claims for defects or deficiencies in quality noticedduring the acceptance shall be presented within 15 days of completionof acceptance of goods. Quality claims shall be presented for defectsor deficiencies in quality noticed during warranty period earliest butnot later than 45 days after expiry of the guarantee period i. Thequality claims shall be submitted to the Seller as per Form DPM-23(Available in MoD website and can be given on request).

(d) The description and quantity of the stores are to be furnished tothe Seller along with concrete reasons for making the claims. Copies ofall the justifying documents shall be enclosed to the presented claim.The Seller will settle the claims within 45 days from the date of thereceipt of the claim at the Seller’s office, subject to acceptance of theclaim by the Seller. In case no response is received during this periodthe claim will be deemed to have been accepted.

(e) Upon receipt of the Fault Report, the Seller shall assess the timeto rectify the defect and indicate the same to the BUYER. The repair/defect mitigation will then be undertaken as per the timelines mutuallyagreed between the BUYER and the SELLER taking in due cognizancethe number of defects to the mitigated prior to the next release of thesoftware application. The BUYER reserves the right to undertake trials

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of the rectified software at OEM premises prior to its formal release fordeployment.

(f) The quality claims will be raised solely by the Buyer and withoutany certification/countersignature by the Seller’s representative.

16. Warranty –

The following Warranty will form part of the contract placed on the successful Bidder

(a) Except as otherwise provided in the invitation tender, the Sellerhereby declares that the goods, store articles sold/supplied to theBuyer under this contract shall be of the best quality and workmanshipand new in all respects and shall be strictly in accordance with thespecification and particulars contained/mentioned in contract. TheSeller hereby guarantees that the said goods, store articles wouldcontinue to conform to the description and quality aforesaid for aperiod of 12 months from the date of supply of the said goods, storearticles to the Buyer and that notwithstanding the fact that the Buyermay have inspected and/or approved the said goods, store articles, ifduring the aforesaid period of 12 months the said goods, store articlesbe discovered not to conform to the description and quality aforesaidnot giving satisfactory performance or have deteriorated, and thedecision of the Buyer in that behalf shall be final and binding on theSeller and the Buyer shall be entitled to call upon the Seller to rectifythe goods, store articles or such portion thereof as is found to bedefective by the Buyer within a reasonable period, or such specifiedperiod as may be allowed by the Buyer in his discretion on applicationmade thereof by the Seller, and in such an event, the above periodshall apply to the goods, store articles rectified from the date ofrectification mentioned in warranty thereof, otherwise the Seller shallpay to the Buyer such compensation as may arise by reason of thebreach of the warranty therein contained.

(b) Guarantee that they will supply spare parts , if and whenrequired on agreed basis for an agreed price. The agreed basis couldbe and including but without any limitation an agreed discount or anagreed percentage of profit on the landed cost.

(c) Warranty to the effect that before going out of production ofspare parts they will give adequate advance notice to the Buyer of theequipment so that the latter may undertake suitable measures toensure support for the balance of the lifetime requirements.

(d) Warranty to the affect that they will make available the blueprints of all the drawings (centre layout, electrical wiring layout andLAN connectivity layout)

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Part V – Evaluation Criteria & Price Bid issues

1 Evaluation Criteria - The broad guidelines for evaluation of Bids will be asfollows:

(a) Only those Bids will be evaluated which are found to be fulfilling all theeligibility and qualifying requirements of the RFP, both technically andcommercially.

(b) The Lowest Bid will be decided upon the lowest price quoted by theparticular Bidder as per the Price Format placed at Appendix ‘A’. Theconsideration of taxes and duties in evaluation process will be as follows:

(i) In cases where only indigenous Bidders are competing, all taxesand duties (including those for which exemption certificates areissued) quoted by the Bidders will be considered. The ultimate cost tothe Buyer would be the deciding factor for ranking of Bids.

(ii) In cases where both foreign and indigenous Bidders arecompeting, following criteria would be followed –

(aa) In case of foreign Bidders, the basic cost (CIF) quoted bythem would be the basis for the purpose of comparison ofvarious tenders.

(bb) Case of indigenous Bidders, excise duty on fully formedequipment would be offloaded.

(cc) Sales tax and other local levies, i.e. octroi, entry tax etcwould be ignored in case of indigenous Bidders.

(c) The Bidders are required to spell out the rates of Customs duty, Exciseduty, VAT, Service Tax, etc in unambiguous terms; otherwise their offers willbe loaded with the maximum rates of duties and taxes for the purpose ofcomparison of prices. If reimbursement of Customs duty / Excise Duty / VATis intended as extra, over the quoted prices, the Bidder must specifically sayso. In the absence of any such presumed that the prices quoted are firm andfinal and no claim on account of such duties will be entrained after theopening of tenders. If a Bidder chooses to quote a price inclusive of any dutyand does not confirm inclusive of such duty so included is firm and final, heshould clearly indicate the rate of such duty and quantum of excise dutyincluded in the price. Failure to do so may result in ignoring of such offerssummarily. If a Bidder is exempted from payment of Customs duty / ExciseDuty / VAT duty unto any value of supplies from them, they should clearlystate that no excise duty will be charged by them up to the limit ofexemption which they may have. If any concession is available in regard torate/quantum of Customs duty / Excise Duty / VAT, it should be brought outclearly. Stipulations like, excise duty was presently not applicable but thesame will be charged if it becomes leviable later on, will not be acceptedunless in such cases it is clearly stated by a Bidder that excise duty will notbe charged by him even if the same becomes applicable later on. In respectof the Bidders who fail to comply with this requirement, their quoted pricesshall be loaded with the quantum of excise duty which is normally applicableon the item in question for the purpose of comparing their prices with other

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Bidders. The same logic applies to Customs duty and VAT also.

(d) In import cases, all the foreign quotes will be brought to a commondenomination in Indian Rupees by adopting the exchange rate as BC sellingrate of the State Bank of India on the date of the opening of Price Bids.

(e) If there is a discrepancy between the unit price and the total price thatis obtained by multiplying the unit price and quantity, the unit price willprevail and the total price will be corrected. If there is a discrepancybetween words and figures, the amount in words will prevail for calculationof price.

(f) The Lowest Acceptable Bid will be considered further for placement ofcontract /Work Order after complete clarification and price negotiations asdecided by the Buyer. The Buyer will have the right to award contracts todifferent Bidders for being lowest in particular items. The Buyer alsoreserves the right to do Apportionment of Quantity, if it is convinced thatLowest Bidder is not in a position to supply full quantity in stipulated time.

(g) The bidder is required to visit the site and submit the Layout drawing,electrical wiring drawing and LAN cabling drawing meeting the requirementsspecified in the scope of work placed at Appendix B to this RFP. Adequacy ofthe drawing would be a criteria for bid evaluation.

(h) Any other criteria as applicable to suit a particular case.

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Appendix ‘A’(Refer Para 1(b) of Part-V)

Price Bid Format

The Price Bid Format is given below and Bidders are required to fill this upcorrectly with full details:

Ser. Item/Work Description Qty Rate Amount

TotalTaxes as applicable (VAT, Service Tax etc.)

Grand Total(inclusive of all taxes)

(a) If yes, mention the following –(i) Total value of items on which Excise Duty is leviable:(ii) Rate of Excise duty (item-wise if different ED is applicable):(iii) Surcharge on Excise duty, if applicable?(iv) Total value of excise duty payable:

(b) If yes, then mention and enclose the following:

(i) Excise notification number under which EDE can be given:

(c) Is VAT extra?

(d) If yes, then mention the following:(i) Total value on which VAT is leviable:(ii) Rate of VAT:(iii) Total value of VAT leviable:

(e) Is Service Tax extra?

(f) If yes, then mention the following:(i) Total value of Services on which Service Tax is leviable:(ii) Rate of Service Tax leviable:(iii) Total value of Service Tax leviable:

(g) If yes, then mention the following:(i) Custom notification number under which CDE can be given(Enclose a copy):(ii) CIF value of stores to be imported:(iii) Rate of Customs Duty payable:(iv) Total amount of Customs Duty payable:

(h) Octroi / Entry taxes:

(i) Any other Taxes / Duties / Overheads / Other costs:

(j) Grand Total:

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Appendix ‘B’(Refer Para 1 of Part-II)

SCOPE OF WORK FOR DEVELOPMENT OF SOFTWARE DEVELOPMENTCENTRE ON SIXTH FLOOR MTNL TE BUILDING, BHIKAJI CAMA PLACE

1. The facility to be created would have the following:-

(a) Provision for seating of 19 officers and 190 personnel. The 03Heads of Departments would have individual cabins and two/threeofficers each would share a cabin. (b) The partitioned areas to be made would need to be made tocater for following.

(i) Central area for 01 HOD, 12 Officers plus 133 specialists.

(ii) Separate area allocation for 01 HOD, 2 officers plus 33specialists within an enclosed partition with access control.

(iii) Separate area allocation for 01 HOD, 02 officers plus 24specialists within an enclosed partition with access control.

(iv) Provision of 01 Large Conference Room with seatingcapacity for 20 personnel and 02 small meeting rooms withseating capacity of 08 each.

(v) Provision of a display/integration area measuring approx250 sq ft towards the side wall with glass enclosures.

(vi) Setting up of a Cafeteria with seating capacity of 60personnel in the earmarked space. A separate Officers LunchRoom in earmarked space with seating capacity of 10.

(vii) Provision of a Reception Area measuring approximately100 sq ft with seating capacity for 07 personnel.

(viii) The partition material would comprise of toughened glassof minimum thickness 12mm (Modi / Saint Gobain or equivalentmake) with stainless steel patch fittings. The toughened glassdoor should have provision for handle and lock facility and wouldbe installed on the tiles. The toughened glass doors would haveto be provided for the 02 access controlled enclosures, HODCabins, Conference halls, exhibition halls and to the commonarea entrance and officers enclosure in the common area. Theapproximate area to be covered with the toughened glasspartition measures 1200 sq ft.

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2. The scope of civil works to be undertaken for development of thecentre would comprise following:-

Site Preparation

(a) Clearing of the entire area from the BER materiel left over by theprevious occupant. This would include removal of the existing brokenpartition material, Porta Cabins etc.

(b) Repair of the existing toilets and replacement of toilet fittings(on requirement basis). Cleaning of entire toilet area and tile work isalso required to be undertaken. Area approx. 200 sq ft floor area and400 sq ft area.

Surface Preparation catering for Acoustics & Aesthetics

(c) Providing & laying average 50mm thick P.C.C. (1:3:6) sub floorfor leveling and filling of existing RCC slab. Approx area 10,000 sq ft.

(d) Purchase and Laying of polished finish Vitrified Floor Tile -24"x24" as per approved colour/shade on existing flooring base andjointing with white cement slurry mixed with pigment to match theshade of tile. Vitrified floor tiles to be placed in passages, cafeteria ,Officer’s lunch room, reception area, integration area and utility area.Approx area 5,850 sq ft. The Vitrified tiles should be ofKajaria/Somany/NITCO or equivalent make.

(e) Skirting to be 3" high finished in as per approved Vitrified tiles.Skirting to be placed along entire wall side area wherever Vitrified tileshave been placed except passage area. Approx area 1,250 sq ft.

(f) Providing and laying of Floor carpet tiles for workstation areasmeasuring 4,800 sq ft.

(g) Providing and laying of wooden flooring in the on 03 HOD cabin(central area), 02 meeting rooms, one conference room measuring1,480 sq ft.

3. The area is presently covered with false ceiling which has beendeteriorated due to ageing and further view the removal of the AC unitsfitted earlier. The scope of work for the ceiling would therefore include thefollowing:-

(a) Repair of the existing false ceiling.

(b) Replacement of damaged part of the ceiling so as to conform theexisting color and make.

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(c) Application of best quality POP on walls and ceiling in perfectline and level as per design.

4. Electrical and Networking Scope of work

(a) Provision of MCB and DB’s for sub distribution lines.

(b) Providing and fixing/laying metal housing boxes, hard PVCconduits, switch plates complete with switch and socket, point to pointwiring, wiring for A/C units for workstations and ceiling lights. Thecomplete wiring should be done with fire retardant copper cables.Approximate area to be covered 10,000 sq ft. The cables used shouldbe of Finolex/Havells or equivalent make. The switch sockets should beof Anchor ROMA/Havells or equivalent make.

LAN Network

(c) Providing and fixing LAN Cable Networking Rack 42 U (600X800)MTS Infonet, 24 Port Jack Panel (loaded) D-Link/CISCO Cat-6 UTP, Wiremanager 2U Horizontal (PVC), I/O for Faceplate (Data & Voice) D-Link/CISCO, Face plate for I/O 2 Way D-Link, Rack Accessories Full withOne Try, Patch cord 2 mtr (300 +150) AMP, Hardware for Jack Panel &switch,Cate-6 UTP D-Link/CISCO. Approximate 485 points.

5. WOOD WORK / PARTITION / PANELING / HARDWARE

(a) Provision for Wooden partitions. Providing & fixing inposition solid Full Height Wooden Partition in frame work including 02doors in 2’x 2’ grid (horizontally and vertically) comprising of 2”x 1½”Hardwood. Section with 12 mm thick ply on both side and 1mmlaminate measuring approximate area of 2,060 sq ft.

(b) Provision for Wooden wall paneling. Providing and Fixing ofWall Paneling made with 2"x1.5" hardwood Frame work properly fixedto the Wall or Column. Frame work to be covered with 12mm thick plywith 1mm laminate as per approval and would cover an approximatearea of 2,160 sq ft.

(c) Provision for Glass partitions. Providing and Fixing of glasspartitions made of 12 mm toughened frosted glass. Approximate areaof 500 sq ft.

(d) Providing and fixing in position Pantry undercounter unit andoverhead using 18mm thick plywood with inside 0.8mm laminateoutside 1mm laminate counter top granite. Approx area 10 x 3 feets.

(e) All exposed plywood surfaces to be finished with 1mm thickedge bending tape of matching shade.

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(f) The plywood used for the work should be ofGreenply/Marino/Century or equivalent make and the Laminates usedshould be of Green/Marino make. (g) Item to include all necessary hardware and fittings in StainlessSteel finish, Godrej multipurpose locks including magnetic ball catcheretc., complete in all respects.

6. Polishing, Painting and Finishing Works

(a) Providing & applying White Plastic Emulsion paint of AsianPaints/ ICI Dulux/ Berger and required shade of Royal Luxury Emulsionof Asian Paints in minimum 2 coats including scrapping, filling ofepoxy, plaster of Paris, primer coat over an area measuringapproximately 10,000 sq ft.

(b) Fixing of Wall paper/texture paint office area measuring approx650 sq ft..

7. SUPPLY OF FURNITURE

(a) SOFA 3 SEATER – 2 (b) SOFA 2 SEATER – 3 (c) SOFA 1 SEATER – 2 (d) Centre Table – 3 (e) Reception Table at the entrance. – 1 (f) Chair with arm rest and firm base at reception desk. – 1(g) Raised reception desk - 1(h) Workstation Chairs Medium back rest (Tofarch or Equiv) – 220(i) Conference and HOD cabin chairs –medium back – 25(j) Officers Cabin chairs(Tofarch or Equiv). – 16(k) Assembly room chairs. – 65(l) Officers Lunch room chairs - 15(m) Vertical Blinds – 1600 q ft.(n) Provision of Roll down projector screen. – 2(o) Providing and Fixing Panaboard. – 2 (p) Provision for ceiling mounted speakers with common amplifier. -12(q) Provision of Signage as design. – 1(r) Chairs should have a warranty of 05 years.

8. Safety Arrangement

(a) Smoke detectors – 30(b) Master Control Panel – 1(c) Remote Control Panel. – 1(d) Hooter – 3 (e) SMS alert facility to three registered mobile subscribers. (f) Complete wiring for the Fire fighting system.

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(g) Supply of following Fire Extinguishers and creation of storearrangement.

(i) ABC Class 5Kgs Fire Extinguishers -1 (ii) 2 Kgs Fire extinguishers -1(iii) CO2 Fire extinguishers. -3

9. Light Fixtures

(a) Supply and fitment of 100 18 Watt LED light back light withdriver led make with one year warranty for driver and LED.

(b) Supply and fitment of 150 2’x2’ (white) LED light assembly.

(c) Supply of fitment of 10 L Surface mount fixture finished inpowder coated white complete set with 28W T5 Lamp Color andElectronic Ballast.

(d) The light fixtures should be of CISCA/Philips/Bajaj or equivalentmake.

10. Habitability

(a) Supply and installation of renowned make (heating and cooling)type 4 Ton Capacity cassette Type Air-conditioner with guarantee of 5years. - 11

(b) Supply and fitment of renowned make (heating and cooling) type2/1.5 Ton split Type Air-conditioner with guarantee of 5 years.

- 20

(c) Installation of Cassette,split ac’s , Supply of Ion angle frame,Extra copper pipes, power cable & insulation materials, and PVC pipefor water drainage systems for cassette ac installation of the CassetteAC.

11. Supply of following Office Furniture

(a) Back to Back linear workstation (14 seater) consisting 45mmpowder coated partition of height 1200 mm having provision offabric / soft pin up board & raceways on one level for data & electricalpurpose with 25 mm prelam partical table top& 25mm gable end &return partition. - 190

(b) Cafeteria round table(900mmx900mm) with SS finish Chromebase including 25mm pre-laminated top -

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(c) HOD table size :- (1500mmx750mm) with side unit size :-900mmx750mmx450mm(d) having two drawer two shutter with18mm pre-laminated partical board as per approved colour hardware

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as per requirement. – 03

(d) HOD back storage 3600X750X450 with 18mm pre-laminatedpartical board as per approved colour with accessories as perrequirement etc. - 03

(e) Manager table size :- (1500mmx750mm) with side unit size: -900mm x 750mm x 450mm(d) having two drawer two shutter with18mm pre-laminated particle board as per approved colour hardwareas per requirement.

- 16(f) Filling cabinet covering approx area 700 sq ft.

(g) Conference Table size:- (3600mmx1200mm) with 25mm pre-lampartical board ,25mm gable end.

- 02

(h) Cafeteria wall facing table with Chrome finish base 25mm pre-laminated top (4'X2')

- 15

(i) Storage size :- 1200mmx1200mmx450mm(D) with 25mmprelam partical edge banded top, rest 18mm pre-lam edge-bandedpartical board. - 5

12. Access Control. Provision of access control with Software withfeatures of Access Controller(MasterController), Reader Interface Controller(Sub Controller), Biometric Reader cum Card & password reader, Exit PushButton, Finger Print Enrolment USB, Proximity Card and Power Unit. Thescope of work would also include Wiring, Conducting and Installation of 11access points.

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