submission: 19.05.2014, 1500 hrs - :: bses · pdf filebses rajdhani power limited invites...

BSES Rajdhani Power Ltd.

NIT: CMC/BR/14‐15/ASG/SA/337 dated 25.04.2014 of 32 Bidders seal & signature

Tender Notification for

HOSTING OF SAP-ISU AND WEBSITE SERVER OF BSES ON PRIVATE CLOUD

CMC/BR/14-15/ASG/SA/337

Due Date for Submission: 19.05.2014, 1500 HRS

BSES RAJDHANI POWER LTD (BRPL)



INDEX

SECTION – I: REQUEST FOR QUOTATION……………………………………..………………..3

SECTION – II: INSTRUCTIONS TO BIDDER……………………………………………………...8

SECTION – III:TERMS AND CONDITION……………………………...…………………..…….23

SECTION – IV: BILL OF QUANTITY/PRICE FORMAT……………………...…………..……..29

SECTION – V: BID FORM………………………………………………………...……………..…..30

SECTION – VI: FORMAT FOR EMD BANK GUARANTEE ……………………...………….…31

SECTION – VII: CHECK LIST…………………………………………………...…………………32



SECTION I

REQUEST FOR QUOTATION

1.1 GENERAL

BSES RAJDHANI Power Limited invites sealed tenders in 2 envelopes for “HOSTING OF SAP-ISU AND WEBSITE SERVER OF BSES ON PRIVATE CLOUD” The bidder must qualify the requirements as specified in clause 1.3 stated below. The sealed envelopes shall be duly super scribed as-

“BID FOR HOSTING OF SAP‐ISU AND WEBSITE SERVER OF BSES ON PRIVATE CLOUD”

“NIT NO CMC/BR/14‐15/ASG/SA/337”.

1.01 BRPL invites sealed tenders from eligible Bidders for the above‐mentioned Contract (clause 1.01).

Estimated cost of Contract : Rs 3,00,00,000/‐ Earnest money Deposit : Rs. 6,00,000/‐ Cost of Tender form (Non‐ Refundable) : Rs.1000/‐

Completion period of the Contract : One Year Pre‐Bid Meeting : 12th May 2014 at BSES Bhawan Nehru Place at 3 PM Date & time of Submission of Tender : 19th May 2014 till 1500 HRS Date & time of opening of Tender : 19th May 2014 till 1530 HRS

(Opening of technical bid)

The tender document can be obtained from address given below against submission of non‐refundable demand draft of Rs.1000/‐ drawn in favor of BSES RAJDHANI Power Ltd, payable at Delhi:

Head of Department Contracts & Material Dept. BSES RAJDHANI Power Limited I Floor, ‘C’ Block BSES Bhawan Nehru Place‐110019

For any clarification/ assistance, may please write/call to Mr. Sanjay Arora 011‐ 39999515 / Ms Karuna Tiwari 011‐ 39999536

The tender documents & detail terms and conditions can also be downloaded from the website www.bsesdelhi.com. In case tender papers are downloaded from the above website, then the bidder has to enclose a separate demand draft covering the cost of bid documents.

1.2 POINTS TO BE NOTED

1.2.1 Contracts envisaged under this contract are required to be executed in all respects up to the period of completion mentioned above.



1.2.2 Only those agencies, who fulfill the qualifying criteria as mentioned in clause 1.3 should submit the tender documents.

1.2.3 Tender document consists of the following:

a. Request for quotation/ Notice Inviting Tender

b. Instructions to Tenderers

c. Commercial Terms & conditions

d. Scope of Contract & specifications

e. Bill of Quantities/ Price Format

1.2.4 The Contract shall be governed by the documents listed in para 1.2.3 above.

1.2.5 BSES RAJDHANI Power Ltd reserves the right to accept/reject any or all Tenderer without assigning any reason thereof and alter the amount and quantity mentioned in the Tender documents at the time of placing purchase/ Contract orders. Tender will be summarily rejected if:

(i) Earnest Money Deposit (EMD) of value INR 6,00,000/‐ is not deposited in shape of Bank Draft/Pay Order/Banker’s Cheque/BG drawn in favor of BSES Rajdhani Power Ltd, payable at Delhi.

(ii) The offer does not contain “FOR NEW DELHI” price indicating break‐up towards all taxes, duties & freight.

(iii) Complete Technical details are not enclosed.

(iv) Tender will be received after due date and time.

1.3 Qualification Criteria:‐ The eligibility criteria shall be applicable having reference only to the Information Technology Infrastructure/System Integration Division of a bidder. In case of consortium, the lead member should qualify for each of the following items: 1. Existence

a) The bidder must be a Company registered under the Companies Act, 1956 of India. b) The bidder must have been operating in the Information Technology Infrastructure / Data Center Industry for at

least last 5 (Five) years in India (documentary evidence should be attached with the bid). 2. Experience

a) The bidder must have implemented at least three (3) data center projects / similar projects in India for supply, installation, commissioning and management of data center solution / similar projects (including IT & Non‐IT but excluding basic building structure cost). At least 1 of such orders should have an order value of at least Rs. 2 Crores and other orders should have an order value of at least Rs. 0.5 Crore in a single order within last 5 years as on 31st March 2014. Out of these, at least one (1) should be in Government Sector. Note: ‐

i. Bidder’s in house data centers shall not be considered. ii. Bidders who have built their own Internet Data Centre (IDC), for commercial use will be considered.

b) The bidder (prime) should have experience in providing Facility management services to at least one data center, during the last three years. The facility management services shall include IT infrastructure related (e.g. Servers, storage, networks etc.) / non IT related services (Power, cooling, physical security etc) Note: ‐


c) The bidder should have built more than 2,50,00 sq ft of operational datacenter raised floor space in India ‐ Certified by Company Secretary in case of Internal Data Centers and Completion certificate in case of External Data Centers. Note: ‐




3. Financial Profile a) The bidder should have had an average turnover in excess of Rupees Two Thousand Crores (Rs. 2000 Crore) in each

of the last 3 financial years. Audited balance sheet must be submitted to substantiate any claim. In case the bidder is engaged in other businesses, audited accounts, duly certified by the auditor, for the Information Technology & Communication Infrastructure / Data Center Business only, would be considered.

4. Support Infrastructure

a) The bidder should have a NOC dedicated to data center operations and this NOC should be of minimum 20 seats. b) The bidder should have IDC and Disaster Recovery sites in different seismic zones. c) The bidder should have network connectivity from different service providers. d) The IDC should be a Tier‐III datacenter.

5. Certifications:

a) Bidder must have implemented at least one Data Center with ISO 27001 certification. 6. Bidder registrations and licenses: The bidder must have the following certificates/ Licenses.

a) Valid Sales Tax / VAT Registration Certificate. b) Valid Service Tax Registration Certificate. c) Valid Trade License.

7. Consortium Guidelines:

a) The Bid can be submitted by an individual company or a consortium. “Consortium” shall mean more than one company which joins with other companies of complementing skills to undertake the scope of work defined in this RFP. In case of consortium the same shall not consist of more than three companies/ corporations, including the prime bidder.

b) In case of consortium applicant, consortia shall submit a valid Memorandum of Understanding (MOU)/agreement. Memorandum of Understanding (MOU)/agreement among the members signed by the Authorized Signatories of the companies dated prior to the submission of the bid to be submitted in original. The MoU/agreement shall clearly specify the prime bidder, stake of each member and outline the roles and responsibilities of each member.

c) Bidder (prime) and all consortium partners must have company registration certificate, valid Sales Tax/VAT Registration Certificate, valid Service Tax Registration Certificate, valid trade license, ISO 9001:2000 and ISO 20000 certificate.

General Instructions to Bidders

• All the minimum criteria mentioned above should be satisfied by the bidder and documentary proof should be submitted along with the tender bid.

• The bidder should be able to provide site‐wise feasibility report along with their bid. The feasibility shall be physically verified for technical clearance of bid, if necessary.

• BSES reserves the right to reject any tender without assigning any reason thereof. • BSES shall not be responsible for non‐receipt of tender in time.

Failure to supply, install or implement the proposed solution by the bidder shall be liable for blacklisting from bidding for the next 3 years. Bidders should take enough pre‐caution to avoid such consequences.

The bidder shall submit all necessary documentary evidence to establish that the Bidder meets the above qualifying requirements.



Also, the Bidder shall furnish the following commercial & technical information along with the tender:

Latest balance sheet Details of constitution of the company (Proprietary/ Limited. Along with details) Memorandum & Articles of Association of the Company Organization Chart of the company Experience details with credentials Turnover certificate issued by C.A for the last three Financial Years. No of Employees (Technical and Commercial) detail Performance Certificate from the Vendors with major order Premises Detail.

1.4 Bidding and Award Process:‐

Bidders are requested to submit their offer strictly in line with this tender document. NO DEVIATION IS ACCEPTABLE. BRPL shall response to the clarifications raised by various bidders and the same will be distributed to all participating bidders through website.

1.4.1 BID SUBMISSION:

The bidders are required to submit the bid in 2(two) parts and submit in original to the following address

Head of Department Contracts & Material Dept. BSES RAJDHANI Power Ltd 1st Floor, C Block BSES Bhawan, Nehru Place

New Delhi 110019 PART A : TECHNICAL BID comprising of following:

EMD of requisite amount Non‐refundable separate demand draft for Rs. 1000/‐ In case the forms are

downloaded from the website Documentary evidence in support of qualifying criteria Technical Literature if any. Any other relevant document Acceptance to Commercial Terms and Conditions viz Delivery schedule/period,

Payment terms, BG etc PART B: FINANCIAL BID comprising of

• Prices strictly in the Format enclosed in SECTION IV

This is a two part bid process. Bidders are to submit the bids in 2(two) parts

Both these parts should be furnished in separate sealed covers super scribing NIT no. DUE DATE OF SUBMISSION, with particulars as PART‐A TECHNICAL BID & COMMERCIAL TERMS & CONDITIONS and Part‐B FINANCIAL BID and these sealed envelopes should again be placed in another sealed envelope which should be super scribed with —“Tender Notice No.& Due date of opening“. The same shall be submitted before the due date & time specified.

Part – A :: Technical Bid should not contain any cost information whatsoever and shall be submitted within the due date as mentioned in clause 1.02. After technical evaluation, the list of qualified tenders will be posted immediately on BSES website.



PART B :: This envelope will be opened after technical evaluation and only of the qualified bidders and the date of opening of the same shall be intimated in due course of time.

Notwithstanding anything stated above, the Company reserves the right to assess bidders’ capability to perform the contract, should the circumstances warrant such assessment in the overall interest of the Company. In this regard the decision of the Company is final.

1.4.2 Award Decision a) Company intends to award the business on a lowest bid cum technical merit basis, so contractors are encouraged to submit the bid competitively. The decision to place order/LOI solely depends on Company on the cost competitiveness across multiple lots, quality, delivery and bidder‘s capacity, in addition to other factors that Company may deem relevant.

b) The Company reserves all the rights to award the contract to one or more bidders so as to meet the delivery requirement or nullify the award decision without any reason.

c) In case any contractor is found unsatisfactory during the execution process, the award will be cancelled and BRPL reserves the right to award other contractors who are found fit.

1.4.3 Market Integrity We have a fair and competitive marketplace. The rules for bidders are outlined in the Terms & Conditions. Bidders must agree to these rules prior to participating. In addition to other remedies available, we reserves the right to exclude a bidder from participating in future markets due to the bidder’s violation of any of the rules or obligations contained in the Terms & Condition. Bidders who violate the marketplace rules or engage in behavior that disrupts the fair execution of the marketplace restricts a bidder to length of time, depending upon the seriousness of the violation. Examples of violations include, but are not limited to:

• Failure to honor prices submitted to the market place. • Breach of the terms of the published in Request for Quotation/NIT.

1.4.4 Confidentiality All information contained in this RFQ is confidential and may not be disclosed, published or advertised in any manner without written authorization from BRPL. This includes all bidding information submitted.

All RFQ documents remain the property of BRPL and all bidders are required to return these documents to BRPL upon request.

Bidders who do not honor these confidentiality provisions will be excluded from participating in future bidding events.

1.5 Contact Information Technical clarification, if any, as regards this RFQ shall be sought in writing and sent by post/courier to following address

Technical Commercial

Contact Person Head (IT) Head (C&M)

Address

BSES Rajdhani Power Ltd

IT Deptt.3rd Floor , D‐Block, Nehru Place, New Delhi

BSES Rajdhani Power Ltd

C&M Deptt. 1st Floor , C‐Block, Nehru Place, New Delhi



SECTION – II

INSTRUCTION TO BIDDERS

A. GENERAL

1.0 BSES RAJDHANI Power Ltd hereinafter referred to as “HOSTING OF SAP‐ISU AND WEBSITE SERVER OF BSES ON PRIVATE CLOUD as notified earlier in this bid document

2.0 SCOPE OF CONTRACT Contractor's Obligation & Scope of Work and Service Level Agreement:

1. Scope of Work

The scope shall include Installation, Testing, Commissioning of Servers, storage and network equipments and there after providing services as per BOQ

• Provide the resolution for issues/request raised TT (Trouble Ticket) with in defined SLA • Provide escalation matrix and escalation procedure to customer • Dedicated Account Manager & Project Manager • To maintain all the SLAs agreed upon. • To provide datacenter architecture diagram with placement of BSES Equipments in that • Weekly MIS to be submitted • To provide call flow diagram • Alarm to be raised on 75% threshold limits • To provide access of portal to raise tickets and monitor policy and utilization • Facilitate client visit and third party audit on requirement basis • In case an outage event or a performance threshold violation event, a service desk ticket for

the event should be generated and these events should be validated and Incident Management process should get initiated and customer needs to be informed via phone and email.

• These tickets should be available online and accessible using the user ID/ password pair provided. • The client also can open these trouble tickets. • Once the server is up and made running, an RCA should be created for all such service outages

and should be shared with the client.

1.1 Detailed Scope of Work for SAP ISU Servers

• System administration

o Starting/Stopping of basic Service, Rebooting / Power Cycling the server o Periodical installation of patches available for operating systems on receiving approval from customer. o Partitioning of system as per customer requirement, can be done only during the set up phase, prior to

commissioning



o Configuration & creation / deletion of users & groups e.g. Quota allocation, changing of rights / permissions of directory / files

o In case of problem with OS, Reliance will make best efforts to resolve the issue. If there is any problem in the custom script or non‐supported third party software interaction, Bidder will assist with identification of the source of the problem

o System CPU and memory statistics o Disk statistics o Network traffic statistics o TCP statistics o Process Monitoring o TCP connection Monitoring

• Database support o Table space

Table Space Usage, available free space, table Space Status & Table space fragmentation Status of rollback segments and waits in them Status of data file(s)

o Status of individual tables Amount of extents, Amount of chained rows

o SGA (System Global Area) Buffer cache hit ratio & Dictionary cache hit ratio Library cache hit ratio Available free memory Sort ratio, disk vs. memory

o Oracle user’s sessions Number of connected users to the database through SQL Net Amount of memory consumed by session

o Oracle internal alerts through alert log file License high watermark Internal error messages & resolution Redo log contention

o Database objects state Objects with invalid state (triggers, procedures and views) Invalid indexes Oracle internal resource monitoring Multiple Oracle servers monitoring DB knowledge base

o Patches Apply patches/Interim patches on databases

o Backup Provide backup recovery solution

o User Management User Creation & dropping user Granting /Revoking Privileges & Roles

o Generate Reports Archive log mode, No Archive log mode Parameter Changes, Database link Creation Listener & Net Configuration, BCV Testing

• Storage On Demand Services

o Install the HBA(s) (Host Based Adapters) in the host.



o Create the Zones in the SAN o Assign logical devices to Ports o Allocate the logical device(s) to the host. o Create the logical volumes on the host. o Create the File Systems / Databases on the host. o LUN Allocation o LUN Masking o SAN Disk Formatting & Labeling o File System Creation in SAN o Alias Creation o Storage should connect to any server and any operating system flavor. o Support to all native VM’s of Operating Systems o Support for all RAID groups on the storage o Dynamic multi‐pathing between storage , switch and host o Minimum guaranteed IOPS as per customer demand o Option for Unified and Diversified storages

• Tape backup services o Connecting the customer server through a NIC to the backup network switch and provisioning of backup IP

for the same. o One time installation & configuration of the backup client / agent license on the customer’s server. o Necessary configurations on Bidder’s backup Server. o Automated backup with customized retention period of selected file systems as specified by the customer. o Alternate day’s backup shall be taken on a separate tape(s) for added redundancy. o Retention of backed up data as per actual contract signed. o Restorations, on specific instructions from the customer, at the time of exigency. o 24x7x365 system management, including operations, administration and maintenance. o Backup usage statistics to be made available online (with a unique username and password). o Storage of backup tapes is to be done in fireproof vaults.

• Network Management

o Switch configuration management Switch configuration Switch port configuration enabling / disabling Add/modify/delete access lists Switch configuration backups Read only access to switch

o Performance Monitoring & Management

Monitoring of network availability & performance alarms Device availability alerts Configuration change alerts Error alarms Threshold alarms Filtering Alarms Configuration alarms Monitor/ analyze and fix problems due to Memory CPU utilization and port errors

o Problem management Monitor, record, classify and resolve problems Carry out comprehensive problem analysis Enable/ disable ports and restart to provide workarounds



o Change management Identify record, classify and implement changes on the switch on a need basis. All changes will be executed after an approval of the downtime is given by Affinity

o Analysis Analysis of device configuration and optimization (with customer approval and change

management) Analysis of device OS upgrade and implementation (with customer approval and change

management o Vendor management

Co‐ordinate with vendors for Hardware installation and upgrades and support failures. (If procured by IDC else Informed to customer)

Vendor escalation in response to hardware component failure(If procured by IDC else Informed to customer)

• Collocation o Receiving, inventory and inspection of customer‐shipped equipment o Notification in the event that shipped equipment is visibly damaged o Mounting of equipment on customer‐designated rails or shelves o Connection of customer cables per customer instructions o Connection of equipment to facility power systems o Initial power‐up of equipment o Notification of any equipment failures or problems detected o Notification that installation has been completed

1.1 Detailed Scope of Work for Website Servers

• System administration o User Management, Group Management o Patch Management o Disk Management o Registry Management o OS Management & Troubleshooting o Network Related configuration in OS o TS Management o Event Log Management o System CPU and memory statistics o Disk statistics o Network traffic statistics o TCP statistics o Process Monitoring o TCP connection Monitoring.

BOQ:

Service Unit

SAP ISU

Server tape backup

Server tape backup of server data on tape library with 1000 GB data transfer per month bundled -Data transfer above 1000GB will be charged as per the Additional Usage charges/GB/Month ,14 Days Retention Period , All Host on same retention period- Restoration on the same server 19



SAN-based Managed Tape backup

SAN-based Managed Tape backup services on tape library - 5000GB per month.Backup of One Business Copy only. Weekly Full Backup & 2 Weeks Retention Period. Restoration on the same business copy 17

Storage on Demand Storage ( EMC DMX4 ) PPU per GB 80000

Storage on Demand: SAN Switch Storage on Demand: SAN Switch- 2 SAN Fibre-Channel Port per Server 10 SAN Storage Cabling SAN Storage Cabling (per pair) 9

dedicated IP Address

Extra dedicated IP Address (per IP) per annum. IP's will be assigned against written justification from customer and shall be governed by Acceptable user policy. 50

Online Database/application Agent for Unix environment

1 Online Database/application Agent for Unix environment for servers falling under Tier 3 category.Onine agents available for Oracle on Unix(AIX,HP-UX,Solaris) 2

Network Switch

Dedicated Network Devices-Layer 2 Cisco 2960G-48TC-L Switch with 44 Ethernet 10/100/1000 ports and 4 dual-purpose uplinks (each dual-purpose uplink port has one 10/100/1000 Ethernet port and 1 SFP-based Gigabit Ethernet port, 1 port active), 1 RU fixed-configuration, LAN Base Image installed 1

switch Management Switch Management-Layer 2, 3 Cisco and juniper switches 2900 to 3500 series 2

Cluster Management for Solaris Cluster Cluster Management for Solaris Cluster per OS per node per annum 2

Administration and Monitoring Services of Solaris Operating System

Administration and Monitoring Services of Solaris Operating System per OS per annum 8

Administration and Monitoring Services of Oracle Database

Administration and Monitoring Services of Oracle Database per instance per annum 3

Consultancy Supply and Integration Services

High End System Integration Services per man-day. Service includes one time Setup, Configuration, and Testing of Hosting Infrastructure Setup on high end platforms such as clustering/storage/security/applications etc. 4

Colocation

Colocation Rack Based 40U - an enclosed rack for multiple units with 6KVA bundled power, closed on all sides with two doors at front and back. Twelve Primary and Twelve Backup IEC type power sockets providing single phase AC redundant power (230 Volts, 16 Amp). 4

Consultancy Supply and Integration Services L2 System Integration and Consulting per 8 Hours 2

Service Unit

WEB SITE

Server on rental Dedicated Server Customized-Stock- 2*2.5GHzQC, 8GBRAM, 4*146GB SAS HDD 1

Administration and Monitoring Services of Windows Operating system

Administration and Monitoring Services of Windows Operating system per OS per annum 1



Antivirus - Annual support for Host Based Anti-Virus Services

Antivirus - Annual support for Host Based Anti-Virus Services for one Operating System on server hosted in reliance data center. Alerts and signatures as made available and shall be updated. 1

Dedicated IP Address


2. THE PURCHASER ’S RIGHT TO VARY QUANTITIES The Purchaser reserves the right to vary the quantity i.e. increase or decrease the numbers/quantities without any change in terms and conditions during the execution of the Order and after the execution of the order.

3. PERFORMANCE BANK GUARANTEE The successful Bidder shall furnish the Performance Bank Guarantee for an amount of 10% (Ten percent) of the Contract Price in accordance with the format provided. The Performance Bond shall be valid for a period of fifteen months (15) from the date of the commissioning. in case the contract is extended for another years the tender has to furnish bank guarantee for another 15 months from the date of extension. No interest shall be payable on the amount of security deposit in any case. Release All Performance Bonds will be released without interest within seven (7) days from the last date up to Which the Performance Bond has to be kept valid except for the case set forth. 4.0 Scope of Supply ‐General 4.01 The “Scope of Supply” shall be on the basis of Bidder’s responsibility, completely covering the obligations, responsibility and supplies provided in this Bid enquiry whether implicit or explicit. 4.02 Bidder shall have to quote for the Bill of quantities as listed in Section – IV of this RFQ. 4.03 Quantity variation and additional requirement if any shall be communicated to successful bidder during project execution. 4.04 All relevant drawings, data and instruction manuals GENERAL TECHINICAL SPECIFICATIONS

• Bidder shall provide access to their Customer Network Management Portal for various system generated reports such as uptime / downtime / utilization reports. Further same portal shall be utilized for reporting and escalating downtime, change requests etc. to monitor bandwidth ,backup and logging service calls

• Dual power paths to every rack • For components with single power source, stand alone STS (static transfer switch) can be

Provided at rack level. • 24x7 Monitoring along client access • Centralized cooling (22° C +/‐ 1° C) • Centralized gas based Fire fighting system of FM200 • FM 120 Fire rated walls • Remote Console Access • Server Health Monitoring Services along proactive alerts throughout 24*7. • Electronic Surveillance, Biometric Access, Intelligent Fire detection and suppression systems • Service Desk, Monitoring, Administration, Diagnostics, Trend based consulting • CLIENT Data should not move out of their Network. Only performance metrics, alerts and events

Should flow out of the network through the agents and SNMP alerts. • Highly available storage and backup tape library with fully redundant component such as Controller, Power

supplies, Cooling fans, Hard drives, Firewalls, Switches, etc



PROJECT DURATION: Time is the essence of the contract. Thus, the erection / installation / commissioning / testing work should be completed within the stipulated time period. The work for providing the circuits / bandwidths should be commenced at the earliest, in a time bound program and all efforts should be made to complete it in 2 month from the date of award of LOI or Order whichever is earlier. SERVICE LEVEL AGREEMENT (SLA):‐

This section defines Service Level Agreement (SLA’s) with penalty attached to it. The Following section reflects the measurements to be used to track and report systems performance on a regular basis. The targets shown below are for the period of contact or its revision whichever will be later.

• communicate to customer any outages related to Managed Services elements within 10 minutes of observation of

fault • Response to ticket with in 15 minutes

Service Service Parameter Service Level Validation Penalty

Network Monitoring & Management

Resolution of ticket logged related to Networks 99%

MIS Repor ts

2% of monthly charges

Data Centre Network Availability

99.80 %

MIS Repor ts

.2% of monthly charges for less then 99.80% .5% of monthly charges for less then 95%

Storage availability

SAN Switch,HBA Card, Connectivity and storage availability

99.90% EMS generated

reports

1 % of monthly charges for less then 99.80% 2 % of monthly charges for less then 95%

System availability

Rented Server,OS ,Database and cluster ,power, cooling Service availability

99.90% EMS generated

reports


Backup and restoration

Backup schedule adherence

99.9% Successful Backup

Commitment Backup tool

generated report

.2% of monthly charges for less then 99.80% .5% of monthly charges for less then 95%

Backup restoration 2 Hours Restore Initiation




Uptime Calculation for the month: {[(Actual Uptime + Scheduled Downtime) / Total No. of Hours in a Month] x 100} "Actual Uptime" means, of the Total Hours, the aggregate number of hours in any month during which each equipment, is actually available for use. "Scheduled Downtime" means the aggregate number of hours in any month during which each equipment, is down during total Hours, due to preventive maintenance, scheduled maintenance, infrastructure problems or any other situation which is not attributable to Supplier‘s (or Service provider's) failure to exercise due care in performing Supplier‘s responsibilities. The Purchaser would provide a maximum of 02 hours of planned downtime for the preventive maintenance (as part of scheduled downtime) per month per equipment/service. The downtime for scheduled maintenance would need to be mutually agreed between Utility and the Bidder. To reduce this time, various maintenance activities can be clubbed together with proper planning. "Total Hours" means the total hours over the measurement period i.e. one month (24 * number of days in the month). Downtime Calculation: The recording of downtime shall commence at the time of registering the call with Supplier or Service Provider for any downtime situation for the equipment. Downtime shall end when the problem is rectified and the application/ service is available to the user. Down time will not be considered for following: 1. Pre‐scheduled preventive maintenance and health checks (Scheduled Down time). If the utility elects to continue the operation of the machine / equipment, when a part of the machine is giving problem and leading to downtime, the commencement of downtime shall be deferred until the utility releases the machine / equipment to the Bidder for remedial action. 3.0 DISCLAIMER 3.01 This Document includes statements, which reflect various assumptions, which may or may not be correct. Each

Bidder/Bidding Consortium should conduct its own estimation and analysis and should check the accuracy, reliability and completeness of the information in this Document and obtain independent advice from appropriate sources in their own interest.

3.02 Neither Company nor its employees will have any liability whatsoever to any Bidder or any other person under the law or contract, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage whatsoever which may arise from or be incurred or suffered in connection with anything contained in this Document, any matter deemed to form part of this Document, provision of Services and any other information supplied by or on behalf of Company or its employees, or otherwise a rising in anyway from the selection process for the Contract.

3.03 Though adequate care has been taken while issuing the Bid document, the Bidder should satisfy itself that Documents are complete in all respects. Intimation of any discrepancy shall be given to this office immediately.

3.04 This Document and the information contained herein are Strictly Confidential and are for the use of only the person(s) to whom it is issued. It may not be copied or distributed by the recipient to third parties (other than in confidence to the recipient‘s professional advisors).



4 COST OF BIDDING

The Bidder shall bear all cost associated with the preparation and submission of its Bid and the company will in no case be responsible or liable for those costs.

5. BIDDING DOCUMENTS

5.01 The Scope of Contract, Bidding Procedures and Contract Terms are described in the Bidding Documents. In addition to the covering letter accompanying Bidding Documents, the Bidding Documents include:

SECTION – I : REQUEST FOR QUOTATION SECTION – II : INSTRUCTIONS TO BIDDER SECTION – III : TERMS AND CONDITION SECTION – IV : BILL OF QUANTITY/PRICE FORMAT SECTION – V : BID FORM SECTION – VI : FORMAT FOR EMD BANK GUARANTEE

SECTION – VII : CHECK LIST

5.02 The Bidder is expected to examine the Bidding Documents, including all Instructions, Forms, Terms and Specifications. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents in every respect will may result in the rejection of the Bid.

6.0 AMENDMENT OF BIDDING DOCUMENTS

6.01 At any time prior to the deadline for submission of Bids, the Company may for any reasons, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by Amendment.

6.02 The Amendment shall be part of the Bidding Documents, pursuant to Clause 5.01, and it will be notified in writing by Fax/e‐mail to all the Bidders who have received the Bidding Documents and confirmed their participation to Bid, and will be binding on them.

6.03 In order to afford prospective Bidders reasonable time in which to take the Amendment into account in preparing their Bids, the Company may, at its discretion, extend the deadline for the submission of Bids.

7.0 PREPARATION OF BIDS

7.0 LANGUAGE OF BID

The Bid prepared by the Bidder, and all correspondence and documents relating to the Bid exchanged by the Bidder and the Company, shall be written in the English Language. Any printed literature furnished by the Bidder may be written in another Language, provided that this literature is accompanied by an English translation, in which case, for purposes of interpretation of the Bid, the English translation shall govern.

8.0 DOCUMENTS COMPRISING THE BID

The Bid prepared and submitted by the Bidder shall comprise the following components:

(a) Bid Form ,Price & other Schedules (STRICTLY AS PER FORMAT) and Technical Data Sheets completed in accordance with Technical Specification as mentioned in Section I – Request for Quotation (Point No. 1.3, Qualification Criteria).



(b) All the Bids must be accompanied with the required EMD as mentioned in the Section‐I against each tender.

9.0 BID PRICES

9.01 Bidders shall quote for the entire Scope of Contract with prices for individual items. The tenderer is required, at his expense, to obtain all the information he may require to enable him to submit his tender.

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

Contract. A Bid submitted with an adjustable price/PVC will be treated as non ‐responsive and rejected.

10.0 BID CURRENCIES

Prices shall be quoted in Indian Rupees Only.

11.0 PERIOD OF VALIDITY OF BIDS

11.01 Bids shall remain valid & open for acceptance for a period of 120 days from the date of opening of the Bid.

11.02 Notwithstanding Clause12.01 above, the Company may solicit the Bidder‘s consent to an extension of the Period of Bid Validity. The request and the responses thereto shall be made in writing and sent by Fax/post/courier

12.0 ALTERNATIVE BIDS

Bidders shall submit Bids, which comply with the Bidding Documents. Alternative Bids will not be considered. The attention of Bidders is drawn to the provisions regarding the rejection of Bids in the terms and conditions, which are not substantially responsive to the requirements of the Bidding Documents.

13.0 FORMAT AND SIGNING OF BID

13.01 The original Bid Form and accompanying documents(as specified in Clause 9.0),clearly marked "Original Bid", must be received by the Company at the date, time and place specified pursuant to Clauses15.0 and16.0.

13.02 The original copy of the Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to sign on behalf of the Bidder. Such authorization shall be indicated by written Power‐of‐Attorney accompanying the Bid.

13.03 The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.

D. SUBMISSION OF BIDS

14.0 SEALING AND MARKING OF BIDS

14.01 Bid submission: One original (hard copies) of all the Bid Documents shall be sealed and submitted to the Company before the closing time for submission of the bid.

14.02 The Technical Documents and the EMD shall be enclosed in a sealed envelope and the said envelope shall be superscribed with — Technical Bid & Commercial Terms & Conditions “. The price bid shall be inside another sealed envelope with superscribed —“Financial Bid “. Both these envelopes shall be sealed inside another big envelope. All the envelopes should bear the Name and Address of the Bidder and marking for the Original. The envelopes should be superscribed with —“Tender Notice No.& Due date of opening“.

14.03 The Bidder has the option of sending the Bids in person. Bids submitted by Email/Telex/Telegram /Fax will be rejected. No request from any Bidder to the Company to collect the proposals from Courier/Airlines/Cargo Agents



etc shall be entertained by the Company.

15.0 DEADLINE FOR SUBMISSION OF BIDS

15.01 The original Bid must be timely received by the Company at the address specified in Section‐I

15.02 The Company may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Documents in accordance with Clause9.0,in which case all rights and obligations of the Company and Bidders previously subject to the deadline will there after be subject to the deadline as extended

16.0 ONE BID PER BIDDER

Each Bidder shall submit only one Bid by itself. No Joint Venture is acceptable. A Bidder who submits or participates in more than one Bid will cause all those Bids to be rejected.

17.0 LATE BIDS

Any Bid received by the Company after the deadline for submission of Bids prescribed by the Company, pursuant to Clause 16.0, will be declared "Late" and rejected and returned unopened to the Bidder.

18.0 MODIFICATIONS AND WITHDRAWAL OF BIDS

19.01 The Bidder is not allowed to modify or withdraw its Bid after the Bid‘s submission.

E. EVALUATION OF BID

19.0 PROCESS TO BE CONFIDENTIAL

Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process. Any effort by a Bidder to influence the Company's processing of Bids or award decisions may result in the rejection of the Bidder's Bid.

20.0 CLARIFICATION OF BIDS

To assist in the examination, evaluation and comparison of Bids, the Company may, at its discretion, ask the Bidder for a clarification of its Bid. All responses to requests for clarification shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted.

21.0 PRELIMINARY EXAMINATION OF BIDS / RESPONSIVENESS

21.01 Company will examine the Bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order.

21.02 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price per item that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price per item will be corrected. If there is a discrepancy between the Total Amount and the sum of the total price per item, the sum of the total price per item shall prevail and the Total Amount will be corrected.

21.03 Prior to the detailed evaluation, Company will determine the substantial responsiveness of each Bid to the Bidding Documents including production capability and acceptable quality of the Goods offered. A substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Documents without deviation.



21.04 Bid determined as not substantially responsive will be rejected by the Company and/or the Company and may not subsequently be made responsive by the Bidder by correction of the non ‐conformity.

22.0 EVALUATION AND COMPARISON OF BIDS

22.01 The evaluation of Bids shall be done based on the delivered cost competitiveness basis along with technical capability.

22.02 The evaluation of the Bids shall be a stage‐wise procedure. The following stages are identified for evaluation purposes: In the first stage, the Bids would be subjected to a responsiveness check. The Technical Proposals and the Conditional ties of the Bidders would be evaluated.

Subsequently, the Financial Proposals along with Supplementary Financial Proposals, if any, of Bidders with Techno‐commercially Acceptable Bids shall be considered for final evaluation.

22.03 The Company's evaluation of a Bid will take into account, in addition to the Bid price, the following factors, in the manner and to the extent indicated in this Clause:

(a) Contract completion schedule

(b) Conformance to Qualifying Criteria

(c) Deviations from Bidding Documents

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

The cost of all quantifiable deviations and omissions from the specification, terms and conditions specified in Bidding Documents shall be evaluated. The Company will make its own assessment of the cost of any deviation for the purpose of ensuring fair comparison of Bids.

22.04 Any adjustments in price, which result from the above procedures, shall be added for the purposes of comparative evaluation only to arrive at an "Evaluated Bid Price”. Bid Prices quoted by Bidders shall remain unaltered.

F. AWARD OF CONTRACT

23.0 CONTACTING THE COMPANY

23.01 From the time of Bid opening to the time of contract award, if any Bidder wishes to contact the Company on any matter related to the Bid, it should do so in writing.

23.02 Any effort by a Bidder to influence the Company and/or in the Company‘s decisions in respect of Bid evaluation, Bid comparison or Contract Award, will result in the rejection of the Bidder‘s Bid.

24.0 THE COMPANY ’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR A LL BIDS

The Company reserves the right to accept or reject any Bid and to annul the Bidding process and reject all Bids at anytime prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Company‘s action.

25.0 AWARD OF CONTRACT

The Company will award the Contract to the successful Bidder whose Bid has been Determined to be the lowest‐evaluated responsive Bid, provided further that the Bidder has been determined to be qualified to satisfactorily



perform the Contract. Company reserves the right to award order other bidders in the tender, provided it is required for progress of project & provided he agrees to come to the lowest rate.

26.0 THE COMPANY ’S RIGHT TO VARY QUANTITIES

The Company reserves the right to vary the quantity i.e. increase or decrease the numbers/quantities without any change in terms and conditions during the execution of the Order.

27.0 LETTER OF INTENT/ NOTIFICATION OF AWARD

The letter of intent/ Notification of Award shall be issued to the successful Bidder whose bids have been considered responsive, techno‐commercially acceptable and evaluated to be the lowest (L1). The successful Bidder shall be required to furnish a letter of acceptance with in 7 days of issue of the letter of intent /Notification of Award by Company.

28.0 CORRUPT OR FRADULENT PRACTICES

28.01 The Company requires that the Bidders observe the highest standard of ethics during the procurement and execution of the Project. In pursuance of this policy, the Company:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

"Corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; and

"Fraudulent practice" means a misrepresentation of facts in order to influence a award process or the execution of a contract to the detriment of the Company, and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial non ‐competitive levels and to deprive the Company of the benefits of free and open competition.

(b) Will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or

fraudulent practices in competing for the contract in question ; (c) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any

time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.

28.02 Furthermore, Bidders shall be aware of the provision stated in the Terms and Conditions of Contract.

SECTION – III:

TERMS AND CONDITIONS SUBJECT: HOSTING OF SAP‐ISU AND WEBSITE SERVER OF BSES ON PRIVATE CLOUD. 1. Definition: The following terms & expressions as used in this order shall have the meaning defined and interpreted hereunder: 1.1 Company: The terms 'Company' shall mean BSES Rajdhani Power Ltd. (also mentioned as 'BRPL'), having its office at BSES Bhawan, Nehru Place, New Delhi 110019 and shall include its authorized representatives, agents, successors and assigns.



1.2 Contractor: The terms 'Contractor' shall mean Vendor/ contractor and shall include its authorized representatives, agents, successors and assigns. 1.3 Services: The term 'Services' shall mean and includes the Services to be performed by the Contractor under this Agreement in accordance with the scope of services defined below, and such other services as may be instructed by BRPL from time to time. 1.4 Rate: The terms 'Rate' shall mean the unit rates as mentioned for the items/work under this work order and payable to the Contractor for the full and proper performance of the jobs covered under this work order. The rate include all equipment charges‐whether rental's or capital cost and consumables, all applicable taxes, levies and service charges and all required operation, maintenance & insurance charges, and software development charges. The rates governing the order shall remain firm during the tenure of this agreement. 1.5 Officer in Charge: The term 'Officer‐in‐Charge' shall mean the company's nominated representative (Head‐IT or his nominated representative) for the purpose of implementation/certification of the respective work executed by the Contractor in relation to this work order. 2 Interpretation: 2.1 The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement; and 2.2 The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Agreement to any person or persons or circumstances except as the context otherwise permits. 2.3 References to the word "include" or "including" shall be construed without limitation; 2.4 Reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re‐enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision; 2.5 The terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire Contract. 3. Language and Measurement: The order issued to the Contractor by the company and all correspondence and documents relating to the order placed on the Contractor shall be written in English language. Metric System shall be followed for all dimensions, units etc. 4. Delivery/ Services: 4.1 As above mentioned in Scope of contract. 5. Taxes & Duties: 5.1 Prices will exclusive of taxes and the same shall be paid extra at prevailing applicable taxes including service tax, VAT and other incidental costs, duties and all other applicable charges imposed in India. 5.2 However, during the tenure of the contract, introduction of any new taxes/levies/duties (whether state or central) shall be paid as applicable as per prevailing rates. This also covers any upward / downward variation in the applicable taxes.



5.3 Vendor shall be responsible for due payment of all taxes, levies, charges and expenses with respect to or arising out the performance of this agreement. The Vendor shall submit to BRPL true copies of receipts / challans of all such taxes paid within 30 days of making such payments for record of BRPL. 6. Terms of Payment: 1 The Billing shall commence after Commissioning and the acceptance by BRPL. The First Billing cycle shall comprise bills of the link from the 1st of next month link commissioned up to the end of that Quarter. Thereafter, Quarter wise billing shall be done. 2. Payment of recurring charges shall be made quarterly on completion of each quarter. 3. Payment shall be made within 30 days of submitting the claim, complete in all respects on satisfactory Performance duly certified by the IT Head. Payment shall be guided by the Service Level Agreement (SLA). 7.0 Forfeiture 1 Each Performance Bond established shall contain a statement that it shall be automatically and unconditionally forfeited without recourse and payable against the presentation by BSES of this Performance Bond to the ICICI Bank at Mumbai, or to the relevant company/ correspondent bank referred to above, as the case may be, together with a simple statement that supplier has failed to comply with any term or condition set forth in the Contract. 2 Each Performance Bond established under will be automatically and unconditionally forfeited without recourse if BRPL in its sole discretion determines that supplier has failed to comply with any term or condition set forth in the contract.

8. Liquidated Damages: 8.1 In the event of any delay in services as per service level agreement beyond the stipulated time (as mentioned in clause 5 above), liquidated damages shall be recovered at the rate of 10% of invoice that is not completed within the stipulated time as per SLA. 9. Secrecy: If for the contractual work, the Company furnishes the Contractor any data files, information etc. or these are made by the Contractor himself, the same shall be kept strictly confidential by the Contractor and shall be used by him only. 10. Terms & Foreclosure 10.1.1 The contract is an exclusive 12 months contract between BRPL and CONTRACTOR. 10.1.2 Foreclosure: 10.2.1 BRPL shall be entitled to terminate this Agreement without specifying any of the following reason upon giving 90 days prior written notice to Contractor. This Agreement shall stand terminated on the expiry of the said period of 90 days relieving both parties of their respective obligations, save such obligations and / or liabilities of the Parties that, by their nature, and survive the termination of this Agreement. No compensation or termination charges or penalties of any nature whatsoever shall be payable by BRPL to Contractor for termination of this Agreement. 10.2.2 BRPL may (without prejudice to any of its other rights or remedies under the Agreement or in law) terminate the whole or any part of Contractor's scope of Service, in any one of the following circumstances (defaults): 10.2.2.1 If Contractor fails or refuses to perform the Services within the time specified in his behalf or in the manner and within the time frames agreed in this behalf or abandons the Services; or



10.2.2.2 If Contractor fails to provide adequate assurance of Contractor 's ability to meet the quality standards or the time frames provided in the agreement; or 10.2.2.3 The Contractor disregards or violates applicable laws or applicable permits; or 10.2.2.4 The Contractor fails to correct defects and deficiencies in any Services; or 10.2.2.5 If any of the representations or warranties provided by the Contractor are found to be false or incorrect; or 10.2.2.6 If the Contractor breaches any other term of this Agreement. 10.2.3 In the event of the occurrence of any of the above, BRPL may, at its sole discretion, provide Contractor with written notice of BRPL's intention to terminate for default. In the event Contractor fail to cure such default within 30days of such notice, BRPL may, by written notice, forthwith terminate this Agreement. 10.2.4 BRPL shall have the right to terminate this Agreement forthwith by providing written notice to Contractor in the event that Contractor (i) files a voluntary petition in bankruptcy or for winding up or has an involuntary petition in bankruptcy or for winding up filed against it, (ii) admits the material allegations of any petition in bankruptcy or winding up filed against it, (iii) is adjudged bankrupt, or (iv) makes a general assignment for the benefit of its creditors, or if a receiver is appointed for all or a substantial portion of its assets. 11. Notices: All notices, requests, consents, waivers or other communication required or permitted hereunder shall be in writing and in English and shall be deemed properly served: (i) if delivered by hand and received by an authorized employee or officer of the Party, (ii) 3 days after being given to a reputed courier with a reliable system for tracking delivery, (iii) upon receipt of confirmation receipt when sent by facsimile; or (iv) 14 days after the date of dispatch by certified or registered mail, postage prepaid, return receipt requested; (v) when sent by electronic mail. A Party may change its address and/or addressee for notification purposes at any time during the term hereof by giving the other Party written notice in accordance with the terms hereof and the date on which such change will become effective. 12. MOST FAVOURED CUSTOMER: If, hereafter, Contractor renders any services supply goods to any party on a more favorable basis than the terms of this Contract, Contractor undertakes that it shall promptly offer the same terms to BRPL retrospectively, and the terms of this Work order shall stand revised accordingly. Amounts required to be adjusted / reimbursed pursuant to this clause shall be duly adjusted and/or reimbursed as the case may be at the BRPL option. For the sake of clarity, reference to 'terms' shall include pricing and commercial terms 13. Force Majeure: The conditions of Force Measure shall means the events beyond control of the parties effected such as act of God, Earthquake, Flood, Devastating fire, War, Civil Commotion, Cyclone, Industrial Lockout and Statutory Act of the Government having bearing on the performance of the Contract. The party affected by Force Majeure shall be obliged to notify the other party within 48 hours, by fax/cable, of the commencement and the end of the Force Majeure circumstances preventing its performance of all or any of its obligations under this order. If performance of obligations under this order is delayed for more than one month due to a continuous Force Majeure, the party not affected by Force Majeure may at any time thereafter while such Force Majeure continues, by notice in writing forth with terminate all or any part of the unperformed portion this order. If this order or any portion thereof is terminated under Force Majeure conditions, the Contractor shall be liable to the Company for any damages, losses or liabilities as result thereof.



14 Modifications of Services: 15.1 BRPL may at its sole discretion modify all or any portion of the Services by providing notice in writing to Contractor of not less than Fifteen (15) days specifying the extent to which performance of Services is modified and the date upon which the same will be effective. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: 15.2 Promptly and to the extent specified in the notice carry on the Services as modified; and 15.3 Place no further orders with respect to modified Services for any materials other than as may be necessarily required for completion of such portion of the work that was commenced prior to receipt of such notice modifying such work. 16. Dispute Resolution Mechanism: 16.1 Notwithstanding anything contained in this contract, all questions, disputes or difference whatsoever, between the parties to the Contract, arising out of or relating to the construction, meaning and operation or interpretation of provision of the contract or matters related thereto whether during the currency of the contract, or its failure or after the completion of the Agreement shall be settled by a sole arbitrator to be nominated and appointed by BRPL. 16.2 It will be no objection to the appointment of an arbitrator that the arbitrator is an employee of the Employer/BRPL. The award of the arbitrator shall be final and binding on the parties to the Agreement. 16.3 For all other matters as not specified in clause 15.2 the provisions of the Arbitration & Conciliation Act, 1996, and Rules made there under and /or any statutory modifications or re‐enactment thereof for the time being in force shall apply to such arbitration proceedings. 16.4 Notwithstanding the commencement or continuance of the arbitration, the Parties shall continue performance of the Agreement with due diligence. BRPL reserves the right to withhold all payments under this Agreement during the pendency of the dispute. 17. Representations, Warranty and Indemnities 17.1 Representations and Warranty The Contractor hereby represents and warrants that: 17.1.1 It is a legally recognized entity under the laws of India and is registered under the Sales Tax, Works Contract & Service Tax Act and shall furnish the relevant documents on demand; 17.1.2 The Agreement contains valid and binding obligations and is enforceable in accordance with the terms hereof; 17.1.3 It has studied the feasibility, Establishment conditions and other prevailing conditions and all other operational details and based on these studies carried out, and has, on the basis of such study agreed to provide to BRPL the Services as contemplated in this Agreement; 17.1.4 It has appraised itself of all applicable rules and regulations, and shall at all times comply with such rules and regulations; 17.1.5 It shall procure suitable materials and manpower for the purposes of this Agreement to render Services; 17.1.6 The Services shall be conducted in a safe and efficient manner at the Establishment and at all times in compliance with good industry practices and requirements of BRPL. 17.1.7 It shall procure all consents, licenses, permits, approvals and certificates and authorizations as may be required from any governmental authority for the due and proper performance of Services; 17.1.8 It shall duly pay the duties, taxes and levies as are set out in this Agreement, which are to be paid by the Contractor;



17.1.9 There is no action, suit or proceeding, at law or in equity, or to the best of its knowledge, any official investigation before or by any governmental authority, arbitration tribunal or other body pending or, to the best of its knowledge, threatened against or affecting it or any of its property, rights or assets, which could reasonably be expected to result in a material adverse effect on its ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement 17.2 Indemnity: The Contractor shall keep BRPL indemnified at all times, against all claims, losses, damages or liability that may arise under this Agreement (whether criminal or civil and including legal fees and costs incurred), including 17.2.1 Resulting from a breach of this Agreement by Contractor including any act, neglect or default of its manpower; 17.2.2 Resulting from any breaches in respect of any matter arising from the provisions of Services resulting in any successful claim by any third party; 17.2.3 Claims for compensation under the provisions of Workmen Compensation Act 1923 as amended from time to time or any compensation payable under any other law for the time being in force to any workman / employees or staff engaged by the Contractor in carrying out the Services and against costs and expenses, if any, incurred by BRPL in connection therewith. 17.2.4 The indemnities provided under this Clause are without prejudice and in addition to BRPL's rights to make any recovery whatsoever under this Agreement, with or without invoking the indemnity provisions. 18. MISCELLANEOUS: 18.1 Assignment: This Agreement shall not be assigned either fully or in part by any Party hereto to any third party without the consent, in writing, of the other Party and only upon such terms as are mutually agreed by both the Parties hereto, except that BRPL may, in whole or in part, assign this Agreement to its Affiliates, without the prior written consent of Contractor. In the event this Agreement is assigned under the terms of this Clause, the assignees of the respective Parties shall be bound by the terms and conditions of this Agreement and shall, if deemed necessary by the Parties at the time of such assignment, undertake in writing to be so bound by this Agreement. 18.2 Relationship between Parties: Contractor is serving as an independent contractor of BRPL This Work Order /Agreement creates no partnership, pooling or joint venture relationship between the parties, and no employment relationship between BRPL and the employees, consultants, workmen or representatives assigned by Contractor to perform the Services hereunder. 18.3 Entire Agreement: This Work Order /Agreement, together with all attachments, shall constitute the entire understanding of the Parties concerning the subject matter hereof and shall supersede any and all prior oral or written representations, understandings or agreements relating thereto. 18.4 Amendment: No modifications, alterations, amendment or waivers of any provisions herein contained shall be binding on the Parties hereto unless evidenced in writing signed by duly authorized representatives of both Parties. 18.5 No Waiver: The failure of either party, at any time during the Term hereof, to require performance by the other party of any provision of this work order/ Agreement shall in no way affect the full right to require such performance at any time thereafter. The waiver by either party of a breach of any provision of this Agreement does not constitute a waiver of any succeeding breach of the same or any other provision, nor shall it constitute a waiver of the provision itself.



18.6 Severability: If any provision of this work order is declared or found to be illegal, unenforceable or void, the parties shall negotiate in good faith to agree upon a substitute provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this work order is not materially affected by such a declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law. 18.7 Laws: The Parties hereto shall comply with all applicable central and state laws, rules, court orders, governmental, regulatory or statutory orders, and other regulations as required in connection with the performance of this Work Order. 18.8 Offset: BRPL may deduct or retain out of any monies, which may be due or become due to Contractor hereunder or otherwise, any amounts owed by Contractor to BRPL hereunder or otherwise. 18.9 Governing Law: This Agreement / Work Order shall be governed and interpreted exclusively in accordance with laws of India. 18.10 Headings: The headings given to the Clauses herein are inserted only for convenience and are in no way to be construed as part of this Agreement/ Work Order or as a limitation of the scope of the particular Clause to which the title refers. 18.11 Counterparts: This Agreement/ Work Order may be executed by one or more of the Parties on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. 18.12 Survival: Any provisions of this work order which, either expressly or by implication, survive the termination or expiration of this work order, shall be complied with by the Parties in the same manner as if the present Work order is valid and in force even after termination or expiry. 19. Acceptance: Acceptance of this work order implies and includes acceptance of all terms and conditions enumerated in this work order. Complete scope of work and the Contractor's and Company's contractual obligation are strictly limited to the terms set out in the agreement / work order. No amendments to the concluded work order shall be binding unless agreed to in writing for such amendment by both the parties.



SECTION–IV:

BILL OF QUANTITY/ PRICE FORMAT ‐ PART I

Service Unit cost

SAP ISU

Server tape backup Server tape backup of server data on tape library with 1000 GB data transfer per month bundled ‐Data transfer above 1000GB will be charged as per the Additional Usage charges/GB/Month ,14 Days Retention Period , All Host on same retention period‐ Restoration on the same server

19

SAN‐based Managed Tape backup

SAN‐based Managed Tape backup services on tape library ‐ 5000GB per month. Backup of One Business Copy only. Weekly Full Backup & 2 Weeks Retention Period. Restoration on the same business copy

17

Storage on Demand Storage ( EMC DMX4 ) PPU per GB 80000

Storage on Demand: SAN Switch

Storage on Demand: SAN Switch‐ 2 SAN Fiber‐Channel Port per Server

10

SAN Storage Cabling SAN Storage Cabling (per pair) 9

dedicated IP Address Extra dedicated IP Address (per IP) per annum. IP's will be assigned against written justification from customer and shall be governed by Acceptable user policy.

50



Online Database/application Agent for Unix environment

1 Online Database/application Agent for Unix environment for servers falling under Tier 3 category. nine agents available for Oracle on Unix(AIX,HP‐UX, Solaris)

2

Network Switch Dedicated Network Devices‐Layer 2 Cisco 2960G‐48TC‐L Switch with 44 Ethernet 10/100/1000 ports and 4 dual‐purpose uplinks (each dual‐purpose uplink port has one 10/100/1000 Ethernet port and 1 SFP‐based Gigabit Ethernet port, 1 port active), 1 RU fixed‐configuration, LAN Base Image installed

1

switch Management Switch Management‐Layer 2, 3 Cisco and juniper switches 2900 to 3500 series

2

Cluster Management for Solaris Cluster

Cluster Management for Solaris Cluster per OS per node per annum

2

Administration and Monitoring Services of Solaris Operating System

Administration and Monitoring Services of Solaris Operating System per OS per annum 8

Administration and Monitoring Services of Oracle Database

Administration and Monitoring Services of Oracle Database per instance per annum 3


High End System Integration Services per man‐day. Service includes onetime Setup, Configuration, and Testing of Hosting Infrastructure Setup on high end platforms such as clustering/ storage/ security/ applications etc.

4

Collocation Collocation Rack Based 40U ‐ an enclosed rack for multiple units with3KVA bundled power, closed on all sides with two doors at front and back. Twelve Primary and Twelve Backup IEC type power sockets providing single phase AC redundant power (230 Volts, 16 Amp).

2

Collocation Collocation Rack Based 40U ‐ an enclosed rack for multiple units with 6KVA bundled power, closed on all sides with two doors at front and back. Twelve Primary and Twelve Backup IEC type power sockets providing single phase AC redundant power (230 Volts, 16 Amp).

2

Power supply Extra Power supply (per extra 100VA rating) 60


L2 System Integration and Consulting per 8 Hours2



TOTAL

BILL OF QUANTITY/ PRICE FORMAT ‐ PART II

Service Unit Cost

WEB SITE

Server on rental Dedicated Server Customized‐Stock‐HP DL360G5, 2*2.5GHzQC, 8GBRAM, 4*146GB SAS HDD 1

Administration and Monitoring Services of Windows Operating system

Administration and Monitoring Services of Windows Operating system per OS per annum 1

Antivirus ‐ Annual support for Host Based Anti‐Virus Services

Antivirus ‐ Annual support for Host Based Anti‐Virus Services for one Operating System on server hosted in reliance data center. Alerts and signatures as made available and shall be updated. 1

Dedicated IP Address


TOTAL



SECTION V

BID FORM

To

Head of Department Contracts & Material Dept. BSES Rajdhani Power Ltd 1st Floor, C Block BSES Bhawan, Nehru Place New Delhi 110019

Sir,

1 We understand that BRPL is desirous of servicing of ……………………………….. in it‘s licensed distribution network area in Delhi 2 Having examined the Bidding Documents for the above named works, we the undersigned, offer to deliver the goods in full conformity with the Terms and Conditions and technical specifications or such other sums as may be determined in accordance with the terms and conditions of the contract .The above amounts are in accordance with the Price Schedules attached herewith and are made part of this bid. 3 If our Bid is accepted, we undertake to deliver the entire goods as per delivery schedule mentioned in Section IV from the date of award of purchase order/letter of intent. 4 If our Bid is accepted, we will furnish a performance bank guarantee for an amount of 10% (Ten)percent of the total contract value for due performance of the Contract in accordance with the Terms and Conditions. 5 We agree to abide by this Bid for a period of …… days from the due date of bid submission and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 6 We declare that we have studied the provision of Indian Laws for supply of equipments/materials and the prices have been quoted accordingly. 7 Unless and until Letter of Intent is issued, this Bid, together with your written acceptance thereof, shall constitute a binding contract between us. 8 We understand that you are not bound to accept the lowest, or any bid you may receive. 9 There is provision for Resolution of Disputes under this Contract, in accordance with the Laws and Jurisdiction of Contract. Dated this............................... day of................................................. 2014

Signature.............................................. In the capacity of ………………………………

..................................................................duly authorized to sign for and on behalf of

(IN BLOCK CAPITALS)...............................................................................



SECTION VI

FORMAT FOR EMD BANK GUARANTEE

(To be issued in a Non Judicial Stamp Paper of Rs.50/‐purchased in the name of the bank) Whereas [name of the Bidder] (herein after called the “Bidder“) has submitted its bid dated [date of submission of bid] for the supply of [name and/or description of the goods] (here after called the “Bid”). KNOW ALL PEOPLE by these presents that WE [name of bank] at [Branch Name and address],having our registered office at[address of the registered office of the bank](herein after called the “Bank“),are bound unto BSES Rajdhani Power Ltd., with it‘s Corporate Office at BSES Bhawan Nehru Place, New Delhi ‐110019 ,(herein after called —the “Purchaser“)in the sum of …………………… (Rupees …………………………………… only) for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this_____ day of________ 20 TH E CONDITIONS of this obligation are: If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder on the Bid Form; or 2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during the period of bid validity: (a) Fails or refuses to execute the Contract Form ,if required; or (b) Fails or refuses to furnish the performance security, In accordance with the Instructions to Bidders/ Terms and Conditions; We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that is its demand the purchaser will note that amount claimed by it is due to it, owing to the occurrence of one or both of the two condition(s), specifying the occurred condition or condition(s). This guarantee will remain in force up to and including Ninety (90) days after the due date of submission bid, and any demand in respect thereof should reach the Bank not later than the above date. (Stamp & signature of the bank) Signature of the witness(s)



SECTION VII

CHECK LIST

Sl No Item Description YES/NO

1 INDEX YES/NO

2 COVERING LETTER YES/NO

3 BID FORM (UNPRICED) DULY SIGNED (IN DUPLICATE)

YES/NO

4 ACCEPTANCE TO COMMERCIAL

TERMS AND CONDITIONS YES/NO

5 FINANCIAL BID (IN SEALED ENVELOPE – 1 ORIGINAL)

YES/NO

6 EMD IN PRESCRIBED FORMAT YES/NO

7 DEMAND DRAFT OF RS 1000/‐

DRAWN IN FAVOUR OF BSES RAJDHANI POWER LTD

9 POWER OF

ATTORNEY/AUTHORISATION LETTER FOR SIGNING THE BID

YES/NO