the brihan-mumbai electric supply & transport undertaking ...€¦ · the brihan-mumbai...

THE BRIHAN-MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING

(OF THE BRIHAN MUMBAI MAHANAGARPALIKA)

TENDER DOCUMENT DETAILS

TENDER NO. : DMM

BID END : DUE DATE

TECHNICAL BID : DUE DATE

PRICE BID : DUE DATE

Project details:

Selection of IT System Integrator for

Recording System on Build-

Comprehensive Maintenance after successful completion of one year warranty from the date of

commissioning of Project as per the Undertaking

Services to be rendered & the contractual period

A Project including installation of

premises of the BEST Undertaking

warranty from the date of commissioning of Project.

TENDER FEE : ` 2

EARNEST MONEY DEPOSIT

: ` 40,000/

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MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING


TENDER DOCUMENT DETAILS

DMM/T-II/05/TCU/37131/2016-17/Advt.

DUE DATE : 24-01-2017 TIME



System Integrator for Supply, Installation & Commissioning of

-Own-Operate-Transfer (B-O-O-T) basis alongwith one year


as per the Undertaking’s requirements and specifications

Services to be rendered & the contractual period:

including installation of GPRS-based RF-ID Card Readers at 52 locations within the

premises of the BEST Undertaking for the contractual period of 2 years

warranty from the date of commissioning of Project.

2,000/- (Inclusive of all Taxes)

40,000/-

MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING


: AT 23.59 HRS.

: AT 09.00 HRS.

: AT 09.00 HRS.

Commissioning of Centralized Time

T) basis alongwith one year


and specifications.

ID Card Readers at 52 locations within the

2 years including one year

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Item-wise description & quantity:

Item L. F. Description Quantity

1 1046295 One time installation cost of Project of Centralized Time Recording

System on Build-Own-Operate-Transfer (B-O-O-T) basis as per the

Undertaking’s specifications and requirements which includes

1 No. Central GPRS Server on Cloud Hosting, 52 Nos. GPRS-

enabled Card Readers/Validators, Software development (Backend

software, Data synchronization, Card interface with ETIM, Rader

interface, Data connectivity software, etc.), Cabling & Passive

components, GPRS Charges & Leased Line charges, optimum

Manpower, etc. for the warranty period of one year.

1 Project ×

1 year warranty period

2 1046296 Comprehensive Maintenance Charges for one year (inclusive of

Manpower, Maintenance of Hardware as well as Software &

Connectivity Charges) of Centralized Time Recording System after

successful completion of warranty period of one year.

1 year

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INDEX

SCHEDULE PARTICULARS PAGE NO.

I INSTRUCTIONS TO TENDERERS 4-6

II MANDATORY PRE-QUALIFICATION CRITERIA FOR TECHNICAL EVALUATION

7-9

III CONDITIONS OF TENDER 10-15

IV CONDITIONS OF SUPPLY 16-19

V SPECIAL CONDITIONS OF CONTRACT 20-24

VI EVALUATION OF OFFERS & MATCHING OF GROSS RATES 25

VII TENDER REQUIREMENT & TENDER EVALUATION CRITERIA 26

VIII

TECHNICAL SPECIFICATIONS: 27

SECTION-1 OVERVIEW OF SCOPE OF WORK 28

SECTION-2 MIGRATION OF ALL DATA INCLUDING PHYSICAL AND ELECTRONIC DATA FROM LEGACY SYSTEM TO THE NEW SYSTEM

29

SECTION-3 PROVISION, DEPLOYMENT AND SUPERVISION OF PERSONNEL REQUIRED FOR PROJECT

30

SECTION-4 PROJECT MANAGEMENT 31

SECTION-5 SPECIFICATIONS & BILL OF QUANTITY 32-33

SECTION-6 RESPONSIBILITIES OF BEST UNDERTAKING & BIDDER

34

SECTION-7 SERVICE LEVEL AGREEMENT 35

SECTION-8 LIST OF LOCATIONS WHERE SMART CARD READERS/ VALIDATORS IN-OUT MACHINES ARE INSTALLED

36

IX PRICES, TENDER VALIDITY & CONTRACT VALIDITY PERIOD 37

X MODE OF PAYMENT 38

XI SCHEDULE OF PRICES 39

EXHIBITS:

ANNEXURE-A SCHEDULE OF GUARANTEED PERFORMANCE & OTHER TECHNICAL PARTICULARS – SOLUTION, APPROACH, METHODOLOGY, WORK PLAN, BILL OF QUANTITY & MANPOWER

40

ANNEXURE-B CERTIFICATION OF ANNUAL SALES TURNOVER BY THE CHARTERED ACCOUNTANT

41

ANNEXURE-C PRICE LIST OF SMART CARD READER/VALIDATOR IN-OUT MACHINE, SMART CARDS, PRINTING COST, SPARE PARTS OF SMART CARD READER/VALIDATORS, ETC.

42

ANNEXURE-D SCHEDULE OF DEPARTURES FROM TECHNICAL SPECIFICATIONS 43

ANNEXURE-E BIDDER’S DETAILS OR LEAD MEMBER’S DETAILS IN CASE OF CONSORTIUM.

44

ANNEXURE-F SELF-DECLARATION BY THE BIDDER 45

ANNEXURE-G BIDDER’S EXPERIENCE IN VARIOUS PROJECTS SINCE LAST 2 YEARS 46

ANNEXURE-H DETAILS OF EXPERIENCE OF BIDDERS IN VARIOUS PROJECTS 47

ANNEXURE-I FORMAT FOR MANUFACTURER’S AUTHORIZATION FORM 48

ANNEXURE-J LIST OF SUB-CONTRACTORS & OEMS AND THEIR DETAILS 49

ANNEXURE-K DETAILS OF SUB-CONTRACTORS AND OEMS 50

ANNEXURE-L FORM FOR REQUESTING CLARIFICATIONS ON TENDER DOCUMENT 51

ANNEXURE-M PROFORMA OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT 52-54

ANNEXURE-N FORMAT FOR CAPTIONED LETTER 55

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SCHEDULE-I

INSTRUCTIONS TO TENDERERS 1. E-tender is called herein for Selection of Selection of IT System Integrator for Supply,

Installation & Commissioning of Centralized Time Recording System on Build-Own-Operate-Transfer (B-O-O-T) basis alongwith one year Comprehensive Maintenance after successful

completion of one year warranty from the date of commissioning of Project as per the Undertaking’s requirements and specifications to the entire satisfaction of the General Manager, the BEST Undertaking, Mumbai. Interested IT firms/System Integrators possessing relevant

capabilities may respond to the e-tender for captioned work. 2. This Two Bid e-Tender shall be submitted as under:

2.1 Mandatory Pre-qualification Criteria for Technical Evaluation:

The tenderers shall fill-in the price bids as well as the questionnaire displayed on the website under the heading Pre-qualification criteria. Some fields in this questionnaire are mandatory Pre-qualification criteria for technical evaluation and are shown in Schedule–II of Tender documents. The offers of the tenderers who do not fill-in this questionnaire as per the tender requirements or do not upload the requisite documents wherever mandatory shall be liable to be rejected summarily and shall not be considered qualified for technical evaluation. Further, wherever required, the tenderers shall upload the necessary documents in pdf/jpeg format only.

All this exercise of answering and uploading the questionnaire of Pre-qualification criteria and other related documents, price bids, etc. shall be carried out by the tenderers well in time on or

before the bid end date and time. Tenderers are requested to go through the User Guide & FAQs available on the e-tender website. Last minute request for postponement of tender shall not be granted.

2.2 Evaluation of offer:

2.2.1 The prospective tenderer shall have to enclose alongwith the technical bid, documentary evidences in support of the mandatory Pre-qualification criteria in the absence of which the bid will be rejected summarily. The technical bid will be evaluated only for the bidders

qualifying the mandatory Pre-qualification criteria given in Schedule-II.

2.2.2 In this part, the bids will be reviewed for determining the compliance of the response to the mandatory Pre-qualification criteria as mentioned in the tender.

2.2.3 The bidder must possess the requisite experience, strength and capabilities in providing the

services necessary to meet the requirements, as described in the tender document. The bidder must also possess the technical knowhow and the financial wherewithal that would be required to successfully provide the Integrated Solution for Municipal Transport Services

and support services sought by BEST for the entire period of the contract. The bids must be complete in all respects and should cover the entire scope of work as stipulated in the tender document.

2.2.4 The Technical bids of all tenderers shall be opened on the next day of Bid End Date i.e. Bid Opening date at 9.00 a.m. The Techno-commercial suitability of the offers received shall be decided on the basis of answers/data/documents furnished by the tenderers against the

Mandatory Pre-Qualification Criteria. The technical evaluation of only such tenderers shall be done whose Mandatory Pre-qualification criteria have been found suitable.

2.2.5 The Bid-ending date, Bid-opening date (i.e. Price bid opening date) etc. shall be as displayed

on the e-tender website of this tender. The tenderers shall submit their offers only in ‘e-mode’ (i.e. soft mode) well in time, on or before the said displayed Bid Closing date. No correspondence connected with the tender, shall be accepted in hard copy format.

2.2.6 Tenderers are also requested to refer the Mandatory Pre-qualification Criteria for the tenderers as shown in Schedule-II and Evaluation of Offers as shown in Schedule-VI.

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3. During the Bidding period, if any technical information/clarifications are required regarding the tender, the same may be obtained from the office of Shri. S. Y. Kale, Senior Project Manager (Information Technology), 2nd Floor, New Administrative Building, Wadala Depot,

Wadala, Mumbai-400 014, Tel. No.:022-24110053, Mobile No. 9757082507 on any working day during office hours between 09.00 Hrs. to 17.00 Hrs. or through e-mail ID [email protected] with copy to: [email protected].

4. The tender shall be uploaded complete in all respects and must be accompanied by descriptive

and technical particulars, drawings and other data wherever required as per the Pre-Qualification Criteria.

5. Any technical literature/other information connected with the tender, which the tenderers

submit alongwith the tender shall be uploaded in soft form only. In any case such literature/ information shall not be accepted in hard copy format. Sufficient memory space has been provided at various Pre-qualification Criteria questionnaire wherein tenderers may upload the

required information especially in respect of the following: a) List of past supplies (supplies to other utilities, etc.) b) List of machineries

c) Details of testing equipment’s d) Quality control measures e) Detailed drawings, if any

f) Details of local representative, if any g) Details of manufacturing unit

h) Any other particulars/information/literature regarding the product offered which the tenderer may wish to furnish.

6. The tenderers shall have to match their Evaluated Gross Rate i.e. sum of Gross Rates of Item-1 & 2 with that of Lowest Evaluated Gross Rate received in the tender within 3 working days from the date of opening of price bids.

7. The tender evaluation shall be done on the basis of Evaluated Gross Rate arrived as sum of Gross Rates of Item-1 & 2. For detailed Tender Evaluation Criteria, please refer para (3)

of Tender Requirements & Tender Evaluation Criteria i.e. Schedule-VII.

8. Tenderers are requested to go through the important information available on our website i.e. 'User Guide' & 'FAQ' to enable them to fill and upload the tender documents properly.

9. The tenderers shall accept the Undertaking’s Conditions of Tender & Conditions of Supply in TOTO, failing which; they shall not be eligible for quoting against the tender. Tenderers are requested to go through the same carefully.

10. All the tenderers shall have to pay Earnest Money Deposit through Payment Gateway (in e-Payment mode) only. Further, all the tenderers shall have to pay tender fees through Payment Gateway (in e-Payment mode) as shown in the respective e-tender.

11. The Earnest Money Deposit paid by the unsuccessful tenderers shall be returned after

finalization of the tender by e-payment mode only to the same account, from which it was paid.

12. All document connected with the tender duly filled in shall be uploaded only in soft form and

will not be accepted in hard copy format e.g. Schedule of Guaranteed Performance & Other Technical Particulars–Solution, Approach, Methodology & Work Plan, Bill of quantity & Manpower i.e. Annexure-A, Certificate of Annual Sales Turnover by the Chartered

Accountant i.e. Annexure-B, Price list of Smart Card Reader/Validator In-out machine, Smart Cards, printing cost, spare parts of Smart Card Validators, etc. i.e. Annexure-C, Schedule of Departures from Technical Specifications i.e. Annexure-D, Bidder’s Details i.e. Annexure-E, Self-Declaration by the Bidder i.e. Annexure-F, Bidder’s experience in various projects during the last 5 years i.e. Annexure-G, Detailed project experience – details of individual project

executed i.e. Annexure-H, Format for Manufacturer’s Authorization Form i.e. Annexure-I, List of Sub-Contractors and OEMs & their details i.e. Annexure-J, Details of Sub-Contractors & OEMs i.e. Annexure-K, Form for requesting clarifications on Tender Document i.e.

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Annexure-L, etc. These formats shall be scanned in pdf/jpeg format for uploading. No correspondence connected with the tender, shall be accepted in hard copy format.

13. All enquiries and/or clarifications from the Bidders related to this Tender document should be directed to in writing by e-mail/post/courier to the contact person notified by BEST in this

Tender document. Both direct mail communication and email communication followed with written communication are accepted modes of communication for the purpose of seeking

and providing clarifications in respect of this Tender document. The offer submitted with incomplete information and not conforming to the requirements are liable to be disqualified for technical evaluation. The bidder shall be disqualified if:

i) The documents submitted through e-tendering method are incomplete and/or ambiguous on important aspects involving Mandatory Criteria or Important Terms & Conditions.

ii) The offer submitted through e-tendering method is not in the manner specified in the bid document.

14. If BEST Undertaking deems it appropriate to revise any part of this Tender document or to issue additional data to clarify an interpretation of provisions of this Tender document, it may issue supplements to this Tender document. Any such supplements shall be deemed to

be incorporated by this reference into this Tender document and binding on the Bidders. Undertaking reserves the right to accept/modify or reject any or all offers any time without incurring any liability.

15. The bidder is responsible for all costs incurred in connection with participation in the Bid Process including and not limited to costs incurred in conduct of informative and other diligence activities, participation.

16. While tender is under process/finalization, no tenderer or his representative shall

contact/canvass with any personnel of the BEST Undertaking on matters related to the tender under scrutiny/process. Canvassing in any form will disqualify the tenderer for recommendation and may be blacklisted.

17. Clarification of Offer: All the Technical bids opened will be scrutinized on the basis of documents and information furnished by the Bidder alongwith the Tender document. The BEST may obtain clarifications whatever required and Bidder will abide to clarify the same within stipulated time.

18. In case any of Instructions to Tenderers/Special Conditions of Contract appear to be in contradiction to Conditions of Tender & Conditions of Supply, then the Instructions to Tenderers/Special Conditions of Contract shall be deemed to supersede such Conditions of Tender & Conditions of Supply incorporated in the tender document.

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SCHEDULE-II MANDATORY PRE-QUALIFICATION CRITERIA FOR TECHNICAL EVALUATION

The bidder must meet the following Mandatory Pre-qualification criteria by submitting requisite supporting documents/documentary evidence, failing which they are liable to be rejected summarily and will not qualify for technical evaluation.

The bidder should be individual company or a consortium of companies. Sub-contracting is now not allowed. The manufacturer of the device/equipments may be part of the consortium but in any case, the total no. of members in any consortium shall not exceed two (2) including the lead member. In case of consortium, the members must nominate one of them as the lead member who shall be responsible to the BEST Undertaking and discharging all responsibilities related to the bid process and the Project. The lead member shall respond to all queries and clarifications and ensure compliance to bid process requirement. Please refer ‘N.B.’ for more details.

In case of consortium, any one member or the members in any combination and in case of

sole bidder, the individual company shall meet the following mandatory Pre-qualification criteria by submitting requisite supporting documents/documentary evidence, failing which are liable to be rejected summarily and will not qualify for technical evaluation. The documentary evidence

uploaded by the tenderer must be in English and not in any other foreign languages failing which, their offer may not be considered as Responsive.

1. The tenderer shall pay Earnest Money Deposit applicable to this particular tender. The tenderers shall be exempted from the payment of Earnest Money Deposit if they upload valid Certification of Registration with National Small Scale Industries Corporation (NSIC) or valid

Permanent Security Deposit Registration Certificate issued by the BEST Undertaking.

2. The tenderer should have been in existence for a period of atleast 2 years as on the date of issue of Tender document as evidenced by the Certificate of Incorporation/Certificate of Commencement of Business issued by the Registrar of Companies and shall upload that certificate in support of the same.

3. The tenderer should be a Company Registered under Indian/Foreign Company/Business Entity governed by Indian Companies Act, 1956/the competent foreign authority. The

tenderer shall upload the copy of Certificate of Registration/Details of Registered Offices with contact persons.

4. The tenderer shall upload the detailed write up about their offered solution, approach,

methodology, work plan, Bill of Quantity & Manpower separately as Schedule of Guaranteed Performance & Other Technical Particulars i.e. Annexure-A.

5. The tenderer should have a minimum Average Annual Turnover of `5.00 crores for the

preceding 2 Financial Years ended with 31-03-2016 (i.e. 2014-15 & 2015-16). As documentary evidence, they should upload the copy of Audited Balance Sheet and Profit & Loss Account Statement showing proof of their Annual Sales Turnover duly audited by the Chartered Accountants or certificate from Chartered Accountants in the prescribed format as shown in the Annexure-B incorporated in the tender document.

6. The tenderer shall upload the Price list of Smart Card Reader/Validator In-Out machine, Smart Card, Printing cost, Spare parts of Smart Card Reader/Validator, etc. in the format shown in Annexure-C.

7. The tenderer shall have to submit a sample of Smart Card Reader/Validator In-Out Machine alongwith demonstration CD at Tender Control Unit, Dadar before Bid End Date.

8. The tenderer shall accept all Commercial Conditions in TOTO.

9. The tenderers shall accept the Technical Conditions in TOTO. However, if due to any reason, tenderers find it necessary to depart from the provision of certain Section/s of the Specifications then such departures will be clearly stated giving proper justification for such deviations. The tenderers shall upload the Schedule of Departures from Technical Specifications in the prescribed format shown in Annexure-D. If the tenderer fails to upload Schedule of Deviations, it will be presumed that there is no deviation.

10. The tenderers shall upload their details in the prescribed format shown in Annexure-E i.e. Bidder’s details.

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11. The tenderer should not be under a Declaration of Ineligibility for corrupt or fraudulent

practices with any of the Government or Public Sector Units of India/abroad. Any organization debarred/black-listed by Central/State Government at the time of submission of the Tender document, shall not be allowed to participate in this tender. They should upload an

Undertaking duly attested by the Notary or Self-declaration by Authorized Signatory as shown in the Annexure-F incorporated in the tender document.

12. The successful tenderer shall have to give assurance to establish project and services support

office at Mumbai with atleast 2 Managerial Staff on their pay roll and atleast 50 Technical Staff (with more than 2 years experience in IT software/Hardware/Networking) at the time of bid submission. The tenderer shall upload the certificate in that respect from the HR of the

company. The tenderer should set up office in Mumbai within 60 days from the date of award of contract, in case not having office in Mumbai.

13. The tenderer should have implemented Smart Card-based Centralized Time Recording System

(as Lead member) in Government/Public Transport Organization in India or Globally which is covering more than 25 locations for Smart Card-based Attendance Recording (Pair Devices/ Entry & Exit Separate) and more than 50,000 employees (Smart Cards) registered in the

system, and is in operational from last two years as on the date of invitation of tender. As documentary evidence, the tenderer should upload the details of experience of tenderer in various projects i.e. Annexure-G and Project Experience i.e. Annexure-H alongwith the copies

of purchase order and/or completion certificate for having implemented Centralized Time Recording System should be provided.

14. The tenderer should have direct authorization from the Original Equipment Manufacturer

(OEM) for selling and supporting the components offered under this Project. The tenderer will have the responsibility of all kind of maintenance and support of Application Software, Hardware & Networking components specified in this Project.

The tenderer should upload the details of Manufacturer’s Authorization Form preferably in the prescribed format i.e. Annexure-I incorporated in the tender document.

15. The tenderer should upload the tentative list of OEMs and their details in the prescribed formats i.e. Annexure-J & Annexure-K attached herewith.

16. The tenderer (or any consortium member) should possess the following certificates at the time of bidding: i) ISO-9001:2008 Certification for System Integration ii) ISO-27001:2005 Certification for Information Security Management System

N.B.: 1. Definitions:

1.1 Consortium: All members that have come together and reached a legal agreement for the purpose of submitting the bid against the Tender document and comply with the requirements of the bid process.

1.2 Lead member: The consortium/Joint Venture relationship member company nominated by

all members complies in case of a consortium participating in and submitting the bid who shall be responsible to furnish the Earnest Money Deposit and in case of Award of the contract, the Security Deposit-cum-Performance Guarantee.

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2. Eligibility of consortium of companies as bidder:

2.1 The bidder(s) could be a consortium of companies. The manufacturer of the

device/equipments can be part of the consortium but in any case the total no. of the members in any consortium shall not exceed two (2) including the lead member.

2.2 In case of a consortium, the members must nominate one of them as the lead member who shall be responsible to the BEST Undertaking and discharging all responsibilities related to the bid process and the Project. The lead member shall respond to all queries and

clarifications and ensure compliance to the bid process requirements.

2.3 The lead bidder has to be registered under the Indian/Foreign/Business entity governed by Indian Act, 1956/Competent Foreign Authority.

2.4 The consortium members of any bidder should not enter into consortium/Joint Venture relationship with any other bidder who is bidding for this tender.

2.5 The consortium members shall be jointly and severally responsible to the BEST Undertaking for discharging the obligations as selected bidder in terms of this Tender document

alongwith the Contract Agreement signed with the BEST Undertaking. The arrangement among the members of the consortium shall be disclosed in the bid and binding on the members and no change in role and responsibility of the members would be accepted after

the submission of the bid except as mutually agreed after consultation between the BEST Undertaking and the lead member. The lead member shall act as the System Integrator (SI) for all practical purposes for this Project.

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SCHEDULE-III:

CONDITIONS OF TENDER

1. DEFINITIONS:

1.1 TENDER VALIDITY PERIOD:

The Tender Validity Period is the period (from Technical Bid opening date) within which the Undertaking is required to enter into contract with the successful tenderer. On expiry of such period, the rates quoted in the tender are not binding upon the tenderer, if the tenderer did not agree to extend the same.

1.2 CONTRACT VALIDITY PERIOD: The Contract Validity Period will be displayed in each and every contract and it will be binding on the supplier for the faithful execution of contract as per the contractual terms for the entire ordered quantity including ±25% quantity. This Contract Validity Period will commence from technical bid opening date and the specific Contract Validity Period will be declared in the tender document.

1.3 FAMILY CONCEPT:

Certain items procured by the Undertaking are similar in nature and require more or less the same capabilities for production. Such items which are similar in nature shall be considered to be of one family. Sometimes, items within a family though similar, require

higher manufacturing/technical capabilities, especially when the items are of higher ratings. The family concept will be applied for classifying the category of vendors as ‘Regular’ & ‘New’ suppliers.

1.4 REGULAR SUPPLIERS:

1.4.1 The Regular Suppliers are those who have supplied the material against trial/bulk orders of the Undertaking with satisfactory performance. The classification as 'Regular’ suppliers

shall imply that such suppliers should have supplied trial/bulk quantity to the Undertaking against at least one Purchase Order in the last 5 years. The 'Regular' suppliers of items coming under one family shall be treated as 'Regular' suppliers for

other items of the family, if they have supplied any one item in trial/bulk in the past. The 'Regular' suppliers for materials of higher rating shall be considered as 'Regular' suppliers for materials of lower rating under one family. Further, Original Equipment Manufacturer

(OEM) or their suppliers i.e. Authorized Dealers/Distributors shall be treated as Regular suppliers though they have not supplied such materials to the Undertaking directly. The

same concept shall also be made applicable for the items having standardized brands which are field tested and whose performance is found satisfactory.

1.4.2 However, in case of certain critical items, the 'New' suppliers who have supplied the material against trial/bulk orders of the Undertaking which are required to qualify with

satisfactory performance in the Undertaking's Field Trial Performance tests (as per pre-declared performance parameters), shall be considered as a 'Regular' supplier only after completion of field trials with satisfactory performance.

1.5 NEW SUPPLIERS:

The 'New' suppliers are those who are having adequate technical capabilities for producing/manufacturing/servicing the goods/services as per the Undertaking's quality requirements and standards but have never supplied to the Undertaking in the past. A

supplier shall also be treated as 'New' supplier, if the tendered item under consideration for procurement is not within the family of such item.

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1.6 SISTER CONCERN: The business entity substantially owned by a person having common interest in more than one business concern of similar nature as partners/share holders/proprietors.

A need is felt to define Sister Concern especially to curb any tendency of vendors to cheat/defraud the Undertaking in cases such as non-execution of contract by one firm

and to avoid penal action, the defaulting firm stops dealing with the Undertaking and participate in future tenders of that particular item through their Sister Concerns.

2. EXTENT OF TENDER:

Time is the essence of the tender. This tender is for the supply to the Brihan-Mumbai Mahanagarpalika for the purpose of the Brihan-Mumbai Electric Supply and Transport Undertaking (hereinafter referred to as the "Undertaking") of the Stores/Services or any

part or portion thereof tendered for by the tenderer (hereinafter referred to as the "Contractor") and accepted by the Assistant General Manager (Materials) or any other

officer duly authorized in that behalf of the Undertaking at the rates and delivered to the places at and within the time specified and without any extra charges or expenses to the Undertaking other than those mentioned in the tender.

3. QUOTATIONS:

3.1 Tenderers should quote their rates (for Item-1 or Item-2) in figures per unit specified in the e-tender by carefully punching in the appropriate field.

3.2 The quoted rate should clearly indicate:

3.2.1 All charges for container and packing.

3.2.2 All charges necessary to effect delivery of the supplies, at the depot of the Undertaking

or at specified sites i.e. freight, insurance, loading and unloading, clearing charges, taxes/statutory levies, duties such as Custom duty, Excise duty, Sales Tax/Value Added Tax, Service Tax, Octroi and other Local, State and Central Levies etc., the percentage/amount of which should be clearly indicated by tenderer. Unless specifically mentioned, it will be presumed that quoted rate is inclusive of taxes and duties and other

charges stated above and no variation whatsoever will be allowed subsequently.

3.2.3 It will be the responsibility of the firm to pay Octroi Charges at Octroi Check Naka and deliver the material to the Undertaking’s Stores. The payment of Octroi charges will be made on submission of invoice alongwith Octroi receipt and ‘B’ Form. It may be noted that the Undertaking will not pay any service charges on Octroi amount unless specifically quoted for.

3.2.4 If Excise Duty (ED) is stated to be applicable extra, the % of such Excise Duty should be specifically mentioned. If the Excise Duty is concessional the tenderer should specify whether Concessional Excise Duty shall remain firm or variable during contractual period by selecting the appropriate drop down menu i.e. Concessional ED firm or Concessional ED variable. In case of Concessional ED variable, their rates will be loaded with maximum ED applicable to the item, while evaluating their offers.

3.2.5 If Excise Duty (ED) is included in the basic quoted rate, then the tenderer should indicate

the % of such ED by selecting the appropriate option (Excise Duty included in Rate) from drop down menu. If the tenderer does not indicate % of ED included in basic quoted rate, any claim for revision in price due to change in ED for whatsoever reason, will not

be granted.

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3.2.6 If applicability of Excise Duty is not mentioned clearly in the quotation i.e. if the tenderers do not select the option from drop down menu regarding Excise Duty or fill in the same with a 0 (zero), in such cases, Excise Duty will not be considered for evaluation

and will have to be borne by the tenderer even if it becomes applicable to them during the currency of contract. However, if an item becomes excisable after opening of the tender and attracts Excise Duty, the same shall be considered and payment will be made

on production of documentary evidence.

3.2.7 If GST is made applicable by Government of India, then the same will be applied in lieu of existing taxes and duties.

3.3 No subsequent variation in the rates will be allowed on grounds such as error, misunderstandings, etc.

3.4 In respect of stores concerned with the 'Generation and Distribution of Electricity', the Undertaking will avail of the concession against submission of the 'C' Form allowed under Maharashtra Government Notification, Finance Department No.STA-1065/1960-XIII, dtd.03-02-1966, STA-1095/37/Taxation-2 dtd.22-09-1995 and STA-1095/Taxation-2 dtd.06-03-1996 of the Sales Tax Act.

3.5 Tenderers are prohibited from making any additions, alterations in the description of articles mentioned in the tender or in the column for units. In case the specifications/descriptions mentioned by the tenderer are incomplete, the

specifications/descriptions given in the tender, shall be binding for quality and specifications of supply.

3.6 Offers received with hedging conditions such as ‘Offer subject to availability of stock’, ‘Offer subject to confirmation at the time of order’; ‘Rate subject to market fluctuation’, etc. shall be ignored.

3.7 VALIDITY:

3.7.1 The Tender Validity Period as mentioned in the tender is the period within which the Undertaking is required to enter into contract with the successful tenderer. On expiry of such period, the rates quoted in the tender are not binding upon the tenderer.

3.7.2 The Contract Validity Period shall also be mentioned in the tender and it will be binding on the supplier for the faithful execution of contract as per the contractual terms

for the entire ordered quantity including ±25% quantity.

3.8 PRICES:

3.8.1 Tenderers shall quote unconditionally 'Firm' prices.

3.8.2 Variation in price due to change in statutory levies, Octroi etc. are considered only if the tenderer specifically mentions rates of these taxes applicable at the time of quotation and produces necessary documentary evidence of such variation at the time of claiming the payments.

3.9 All tenders shall be submitted through the e-tendering system and tenderers shall take utmost care while punching the rates/taxes, statutory levies as no subsequent revision will be allowed after the bid end date.

3.10 The tenderer shall upload/submit his tender documents by selecting the valid Digital

Signature Certificate of Class III Company Type-B. Tenders uploaded without proper Digital Signature Certificate shall not be considered.

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3.11 Tenderers are restricted in e-tender to modify their price bids once submitted. However, tenderers are allowed if they desired, to withdraw their existing submitted price bids and to re-submit their new price bids till the bid end date. The tenderers are advised to note

the new quotation ID generated by the system as confirmation of successful submission of their new price bids. On exercising the re-submission of new price bid option, all earlier bids shall stand null and void.

3.12 If the offer is for stores to be imported specifically for the Undertaking, the tenderers

shall quote the price for delivery at the Undertaking’s Depot in ` indicating the Cost,

Insurance, Freight (C.I.F.) Mumbai price in the relevant foreign currency and the rate of

exchange applicable at the time of quoting. They should also indicate the item-wise landed cost price in Indian currency for delivery in Mumbai at Undertaking’s Depot, clearly indicating thereon:

3.12.1 Any agency commission, if payable separately, with the rate thereof.

(The Undertaking would prefer to pay it in `).

3.12.2 The rate of import duty etc. and incidence thereof.

3.12.3 In case, if any import license is required, the same shall be provided by the tenderer.

4. TENDER SAMPLE: This clause is not applicable to this particular tender.

5. SUBMISSION/UPLOADING OF TENDERS:

Tenders must be uploaded by logging into the Undertaking’s website

www.bestetender.com and using proper Digital Signature Certificate of Class-III Company Type-B for encrypting their bids. Tenderers must also keep printout in respect of the Quotation ID in acknowledgment of successful uploading of their bids.

6. EARNEST MONEY DEPOSIT:

6.1 All the suppliers will have to pay Earnest Money Deposit through Payment Gateway

(e-payment) as shown in the respective e-tenders, before bid end date, without which, their price bid shall not be opened. No interest will be paid on such deposits.

6.1.1 The suppliers who are registered with the Undertaking by paying Permanent Security

Deposit of ` 3.00 Lakhs, shall be exempted from payment of Earnest Money Deposit.

They shall however upload the scanned copy of their valid Permanent Security Deposit Registration Certificate as mentioned in the Pre-Qualification Criteria.

6.1.2 Only those suppliers registered with National Small Industries Corporation Ltd. (NSIC) for the item/s mentioned in the tender are exempted from payment of Earnest Money Deposit. They should, however, upload the scanned copy of their valid NSIC Registration

Certificate as mentioned in the Pre-Qualification Criteria to get exemption from the payment of Earnest Money Deposit.

6.1.3 Earnest Money so deposited will be forfeited, if (i) the tenderer withdraws his offer before the expiry of Tender Validity Period or the date of validity of the offer, (ii) a successful tenderer fails to pay the Security Deposit within the stipulated period as mentioned in Clause 6 of the 'Conditions of Supply'.

In addition to above, the tenderers withdrawing their offers before expiry of tender validity period or the date of validity of the offer shall also be liable for penal action including levying of penalty, debarment from participation in the Undertaking’s tender for

a maximum period of 3 years.

6.2 EARNEST MONEY OF UNSUCCESSFUL TENDERERS:

Earnest money deposited by unsuccessful tenderers will be refunded through Payment Gateway (e-payment) as early as possible after the tender has been finalized.

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7. OPENING OF TENDERS:

All tenders (quotations/bids) shall be submitted through the e-tendering system well in time before the bid end date. Only bids which are valid and fulfilling the eligibility criteria will be punctually opened by an Officer of the Undertaking on the Bid opening date and time indicated on the website. The tenderers who have successfully uploaded their bids shall be able to view the Comparative Statement of bids uploaded by all participating tenderers on the website on the Bid opening date and time. The tenderers can match their gross rates within stipulated time, with the Lowest Acceptable Offer.

8. ACCEPTANCE OF TENDERS:

The Undertaking neither binds itself to accept the lowest or any tender nor will it assign any reason for the rejection of any tender or part of a tender. The tenderer on his part

binds himself to supply any stores/services selected from his offers in part or whole, at the option of the Undertaking.

9. MATERIALS SUBJECT TO GUARANTEE:

Whenever the tender specifies that the tenderer will have to supply the material on a ‘guarantee basis’, the tenderer shall ensure that any defects, manufacturing or otherwise during such period, would be rectified by the tenderer free of cost, failing which, he

would indemnify the Undertaking against any loss or damage caused to the Undertaking due to such non-performance. The Undertaking shall not consider the offer of the tenderer, if the clause is not complied with.

10. QUANTITY VARIATION CLAUSE:

This clause is not applicable to this particular tender.

11. POLICY OF TENDERS UNDER CONSIDERATION:

Tenders shall be deemed to be under consideration from the opening of tenders, until an official announcement of the award is made. While tenders are under consideration, tenderer and their representatives shall refrain from contacting by any means, any personnel of the Undertaking on matters relating to tenders under scrutiny. If necessary, clarification will be called for by the Undertaking from any or all the tenderers in writing. Canvassing in any form will disqualify the tenderer.

12. CORRUPT & FRAUDULENT PRACTICES: The tenderer and their respective officers, employees, agents and advisers shall observe the selected standard of ethics during the Tender process and subsequent to the issue of the Tender and during the subsistence of the Agreement. Not with standing anything to the contrary contained herein, or in the Tender, the Authority

may reject a Bid, withdraw the Tender terminate the Agreement, as the case may be, without being liable in any manner whatsoever to the Tenderer or Contractor, as the case may be, if it determines that the Tenderer or Contractor, as the case may be, has,

directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Tender Process. In such an event, the Authority shall be entitled to forfeit and appropriate the

EMD or Bid Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority under this Tender Document and/or the Agreement, or otherwise.

Without prejudice to the rights of the Authority under Clause hereinabove and the

rights and remedies which the Authority may have under the Tender or the Agreement, or otherwise if a Tenderer or Contractor, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Tender Process, or after the issue of the Tender or the execution of the Agreement, such Tenderer or Contractor shall not be eligible to

participate in any tender during a period of 2 (two) years from the date such

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Tenderer or Contractor, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as

the case may be.

For the purposes of this clause, the following terms shall have the meaning hereinafter respectively assigned to them:

i) “Corrupt practice” means (a) The offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Tender Process (for avoidance of doubt, offering of

employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or been associated in any

manner, directly or indirectly, with the Tender Process or has dealt with matters concerning the Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such

official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Tender Process). Or

ii) Engaging in any manner whatsoever, whether during the Tender Process after

the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the Tender of Agreement, who at any time has been or is a legal, financial or technical adviser of the Authority in relation to any

matter concerning the Project.

iii) “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Tender Process.

iv) “Coercive Practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or properly to influence any person’s participation or action in the Tender Process.

v) “Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to

influence the Tender Process, or (ii) having a Conflict of Interest, and

vi) “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Tenderer with the objective of restricting or manipulating a full and fair competition in the Tender Process.

13. JURISDICTION:

This tender and the contract emanating there from are subject only to the jurisdiction of the Mumbai Court.

14. DISREGARD FOR TENDER CONDITIONS:

The Undertaking reserves to itself the right to disregard or reject any tenders not conforming to any of the above-mentioned conditions.

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SCHEDULE-IV CONDITIONS OF SUPPLY

1. EXTENT OF CONTRACT: The Contractor shall, during the period of the contract supply the materials/services in respect of which his tender has been accepted at the depots or stores specified in the annexed Schedule, or alternatively at the contractor’s godowns if so specified and agreed and shall supply the same at the accepted price thereof and in such quantities (subject as aforesaid) as may be required from time to time and subject to such conditions as are herein and in the said Schedule specified. Time is the essence of the contract.

2. QUALITIES OF SUPPLIES: All material supplied/services rendered shall be in strict accordance with the specifications laid down or as per approved sample. In case of any material in respect of which there is no approved sample or drawing, the supplies shall be of the best description and quality obtainable, which description and quality shall be subject to the satisfaction of the Assistant General Manager (Materials) or his Authorized Representative. The Undertaking reserves the right to get the random samples out of the supplies, tested at the recognized/reputed laboratories, at its discretion, in order to assess quality. In such a case, the supplier will have to bear the testing charges, if the material does not meet the specified requirements.

3. PACKING & DELIVERY OF MATERIALS:

3.1 The Contractor shall be held responsible for the proper delivery of materials and in the event of any loss, damage, breakage and/or leakage due to insufficient/or improper packing, he shall be liable to replace the material or make good the loss. The decision of

Assistant General Manager (Materials) or his Authorized Representative of the Undertaking as to whether the aforesaid loss, damage, breakage or leakage has been caused to the materials for the reason of it not having been sufficiently or properly packed, shall be final

and binding upon the Contractor, provided also that the Assistant General Manager (Materials) or his Authorized Representative shall be at liberty, should he consider it fit and proper to do so, to purchase the said material from another, at the risk of the

Contractor. Delivery of the material shall not be considered complete until it has been inspected, weighed, counted and passed by the Undertaking. No material shall be

delivered at the depots or stores on Saturdays, Sundays, or Public Holidays, without the previous permission of the concerned Authority.

3.2 The Contractor shall execute the order strictly as per delivery schedule stipulated in

Purchase Order. In order to avoid delay in acceptance of the material or in effecting payment by the Undertaking, the Contractor shall ensure that the description and/or specifications of the material and quantities thereof in the challans and the invoices are

exactly as indicated in the Purchase Order and the rates and taxes are correctly mentioned. On the acceptance of material as satisfactory, the concerned officer at the Depot of the Materials Management Dept., will issue to the supplier a copy of the Stores

Received Note (SRN), for his record regarding date of acceptance. 4. FACTORY INSPECTION:

New firms, who have not supplied the tendered item to the Undertaking and if found

eligible for placing Trial/Bulk Purchase Orders against the tender, shall be liable to have their factories inspected by a team of two officers of the Undertaking for assessing their

technical/commercial capacity for ensuring smooth and uninterrupted supplies to the Undertaking. In case the new firm gets considered against the tender, subject to satisfactory factory inspection, the cost towards to and fro travelling, lodging and boarding

for the two inspecting officers shall be borne by the firm. In addition, the firm shall have

to pay `2,000/- towards Administrative charges in advance and if not paid in advance, the

same shall be recovered from their first bill.

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5. PROTOTYPE AND/OR LOT INSPECTION: This clause is not applicable for this particular tender.

6. SECURITY DEPOSIT:

The contractor, whose offer is accepted either in whole or in part, shall pay Security

Deposit @ 10% of the total contractual value upto ` 2.5 Lakhs and 5% on amount

exceeding ` 2.5 Lakhs by way of security, for the due and proper fulfillment of this

contract, such sum through payment gateway (e-payment) or by way of Bank Guarantee.

Interest shall not be paid on the amount so deposited. The EMD of the contractor shall remain with the Undertaking till such time Security Deposit amount is not paid. Alternately, the same (amount towards Security Deposit) shall

be retained from the payments due to the contractor.

6.1 MODE OF PAYMENT:

Upto `20,000/- through payment gateway (e-payment) only.

Above `20,000/- through payment gateway (e-payment) or in the form of Bank

Guarantee, as per the Undertaking’s approved format. In case of such Bank Guarantee,

`2,000/- will be charged as Administrative Charges.

6.2 In the event of the contractor failing to pay such Security Deposit or fails to execute the contract as per delivery schedule, the EMD shall be forfeited after due process of final notice, etc. The Undertaking shall in such an event, have full discretion to cancel the

contract awarded to the said contractor. On payment of requisite Security Deposit, EMD will be refunded to the successful tenderer through payment gateway (e-payment).

6.3 This Security Deposit, either in whole or part thereof, shall be liable to be forfeited without giving any reasons thereof, if the contractor fails to observe and perform any of the terms and conditions of the contract.

6.4 On successful execution of the contract, the Security Deposit will be refunded through

payment gateway (e-payment).

7. WITNESS TESTING:

The contractors shall be allowed to witness their supplies tested in the Undertaking's laboratories, if they wish to do so. Necessary charges towards such Witness Testing shall

be informed to the contractors. In case of disputed rejection cases, Third Party Inspection shall be allowed at laboratories decided by the Undertaking at the cost of the contractors,.

The Third Party Inspection report shall be binding on both the parties. 8. FAILURE TO SUPPLY:

8.1 On the contractor failing to supply the material as above, the Assistant General Manager (Materials) or his Authorized Representative shall be at liberty, without further reference to the Contractor, to recover from him Liquidated Damages at the rate of 1% per fortnight or part thereof, of the total cost of the goods/services delayed beyond the delivery period

exclusive of taxes (if shown separately), subject to a maximum of 10% of the value of goods/services delayed of the contracted quantity.

8.2 In the alternative and at his complete discretion, he may purchase the same or any portion thereof on the account and at the risk and cost of the Contractor and claim from

him the difference in the price and all expenses incurred in purchasing the same. If Risk Purchase amount is less than `100/-, minimum `100/- will be recovered.

8.3 The Undertaking shall have a lien for the said Liquidated Damages or the said difference in price and Administrative Charges or any money that may become payable to the Contractor under this contract and/or any other contract and paid either under this

contract and/or any other contract or contracts, paid either by the Contractor alone or jointly with other Contractor or Contractors, as well as on any other debt or sum, that may become payable by the Undertaking to the Contractor and the Undertaking shall

be entitled to deduct the said Liquidated Damages or said difference in cost out of such

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money, deposits, amounts, debts or sums. The contractor shall also be liable for debarment from participating in the Undertaking’s tender for 5 years for all procurements and their bad performance shall be recorded, if the amount to be recovered against Risk

Purchase action is not paid by them. However, if the defaulting contractor who is involved in Fraud/Malpractices incurring heavy losses to the BEST Undertaking, the contractor will be blacklisted permanently and in addition to this, legal action if required shall be initiated

for recovery of the monetary losses to the Undertaking. The Risk Purchase action shall be to the extent of the cost difference for non-supplied quantity only. Besides, no procurement shall be made from the contractors debarred as well as from their sister

concerns. 8.4 The above term shall be the essence of this tender and acceptance thereof.

9. FORCE MAJEURE CONDITIONS:

The Contractor shall not be liable for any Liquidated Damages for delay or failure to

perform the contract for reasons of force majeure such as the acts of God, acts of public enemy, acts of Government, fires, floods, epidemics quarantine restrictions, strikes, freight

embargoes and provided that the contractor shall within 15 days from the beginning of such delay notify the Assistant General Manager (Materials) or his Authorized Representative, in writing the cause of delay duly substantiated with documentary

evidence. The Assistant General Manager (Materials) or his Authorized Representative shall verify the facts and grant such extension, as he may in his sole discretion decide.

10. TERMINATION OF CONTRACT:

In the event the Contractor commits any breach of any of the terms and conditions of contract, the General Manager or his Authorized Representative shall have the right to forfeit the Security Deposit referred to in Clause 6 and/or to claim from the Contractor any

amount due and payable by him towards this contract. If during the period when contract remains in force, General Manager or his Authorized Representative has reasons to believe that the Contractor is not performing the contract in accordance with the terms of the

contract, General Manager or his Authorized Representative may by a notice in writing, call upon the contractor to perform the contract in the way as indicated in the notice, within a specified period of 15 days and if the Contractor fails to perform the same within such

specified period, then notwithstanding anything contained in the contract, General Manager or his Authorized Representative shall be at liberty at any time thereafter to

terminate the contract by giving the Contractor 15 days notice in writing and the contract shall stand terminated on expiry of such notice period. The Security Deposit amount referred to the Clause 6 and amount due and payable by the Contractor towards this

contract shall be forthwith due and be recoverable from them.

11. ACCEPTANCE OF SUPPLIES:

11.1 Any material supplied against this contract will be subject to the approval of the Undertaking. If the material supplied is not as per the approved specification, then the Undertaking shall reject the whole or part thereof without assigning any reason for rejection and the Undertaking’s decision in respect of such rejection will be final.

11.2 Quantities expressed in unit of weight are for the weight exclusive of packing and containers. All supplies will be accepted on this basis only.

11.3 The Assistant General Manager (Materials) or his Authorized Representative may, at his sole discretion, decide to accept materials in part or whole that may not in his opinion correspond exactly with the approved and accepted samples or specifications within the limits of the accepted tender and determine the prices thereof and the Contractor shall have to accept such prices.

12.2 For details Terms of Payment, please refer Schedule-X incorporated in the Tender Document.

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12.3 While submitting the bills, the contractor shall give necessary documents such as PAN No., VAT/TIN No. etc. Otherwise, the statutory levies with penalty as prescribed by the Government Laws will be deducted from their bills payable.

13. FACILITY CHARGES:

Successful tenderers on whom the Purchase Orders/Contract Work Orders are placed shall have to pay facility charges towards the use of e-tendering facilities. The facility charges

shall be debited @ 0.5 per cent of the Contract Value (excluding taxes), being limited to a

maximum of ` 2,000/- and the same shall be deducted directly from the Contractors’ first

bill. 14. EXTRA CHARGE:

Extra charges such as Octroi, Transport, Freight, Insurance, Loading/Unloading, etc. will not be paid, unless stipulated in Purchase Order and supported by necessary documentary

proof.

15. LIFTING OF REJECTED MATERIALS:

i) The firm shall have to collect the rejected material within two months from the date of intimation of rejection of material. The two months time period will be from the date on which final decision is conveyed in respect of the rejected material.

ii) If the firm fails to collect the material even at the end of second month from the date of rejection intimation, the Undertaking shall have right to dispose off the material as deemed fit without any further reference in the matter and thereafter, no claims, whatsoever from the suppliers shall be entertained by the Undertaking.

16. DAMAGE TO THE UNDERTAKING’S PREMISES/PROPERTY: Any damages caused by the Contractor or any person acting for him, to the premises or property of the Undertaking in the performance of his contract, shall be made good by the Contractor. In the event of the Contractor failing to make good the damages within the time specified by the Assistant General Manager (Materials) or his Authorized Representative, the latter shall be at liberty to get the work done departmentally or through any other agency, and to recover the cost thereof together with such supervision/overhead charges as he may deem fit out of any money that may be due to the Contractor or by action in a Court of Law.

17. DEATH OR INSOLVENCY OF CONTRACTOR:

If the Contractor shall, during the period of the contract, die or be adjudicated as insolvent or being a limited company shall be placed in liquidation, whether voluntarily or compulsorily, the contract shall thereupon absolutely cease and the heir’s executor, administrators or other legal representatives of the Contractor and in the case of a limited company the liquidator, shall have no interest whatsoever under the contract, except to receive any sum due for materials supplied but not paid for prior to the death or insolvency of the Contractor, in case of a company the date of the winding up thereof and the Security Deposit but subject to the provision herein contained in regard to such deposit. Nothing contained in this clause shall be deemed to prejudice or affect any claim, which the Undertaking may have against such heir’s, executors, administrators or other legal representatives of the Contractor or in the case of a company, the liquidator thereof in respect of any antecedent breach of contract. Provided that where the Contractor is a firm, the death of a partner in the firm shall not operate to determine the contract unless by the term of the partnership agreements the partnership stands dissolved on the death of a partner.

18. DECISION OF DISPUTES: In the event of any dispute arising under these conditions or in connection with the contract (except as to any matters, the decision of which is specially provided for in these conditions), the same shall be referred to the General Manager of the Undertaking for final decision by the Assistant General Manager (Materials) or by the Contractor. The decision of

the General Manager or his Authorized Representative shall be final and binding on the parties to the dispute.

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SCHEDULE-V

SPECIAL CONDITIONS OF CONTRACT

1. The successful tenderer will be issued Contract Work Order for Upgradation, Installation & Implementation of Centralized Time Recording System on Build-Own-Operate-Transfer (B-

O-O-T) basis alongwith one year Comprehensive Maintenance after successful completion of one year warranty from the date of commissioning of Project as per the Undertaking’s

requirements and specifications, after obtaining the approval of the competent authority. 2. The evaluation of technical suitability as well as tender evaluation will be carried out as per

the criteria mentioned in Schedule-VI. However, offer of the tenderers will be considered

for quantity allocation only if they match their evaluated gross rate i.e. Sum of Gross Rates of Item-1 & Item-2 with that of evaluated gross rate of LAO, as mentioned at Sr.No.6 of ‘Instructions to Tenderers’.

3. The successful tenderer shall have to submit the Contract Security Deposit as explained below: The Maintenance contractor shall have to submit Contract Security Deposit in the form of

Bank Guarantee for the amount equivalent to the Security Deposit as per Clause No. 6 of ‘Conditions of Supply’ towards faithful execution of Contract Work Orders placed for

Upgradation, Installation & Implementation of Centralized Time Recording System with one year warranty period after successful installation and commissioning of Project and thereafter, Comprehensive Maintenance for a period of one year after successful completion

of warranty period on Build-Own-Operate-Transfer (B-O-O-T) basis as per the Undertaking’s specifications and requirements with validity of 36 months from the date of release of Contract Work Order.

The above Contract Security Deposit shall be submitted in the prescribed format as shown in Annexure-M incorporated in the Tender documents. The Performance Bank Guarantee shall be returned to the contractor not later than 3 months after the contract ceases.

`2,000/- shall be charged as Administrative Charges from the firm.

4. The successful tenderer should set up office in Mumbai within 60 days from the date of award of contract and shall give the address of local premises/service centre within Mumbai for preventive as well as break-down maintenance of Centralized Time Recording System.

5. The System Integrator shall have to set up the necessary hardware at the third party tier-III Data Centre located within India suitably meeting the requirements of performance, security, scalability and availability of the system. Moreover, the bidder shall also provide staff- Technical as well as Supervisory in sufficient nos. to operate and manage the functioning of the Data Centre with desired Service Level.

6. The Maintenance Contract shall be comprehensive for all other items except those spares which are physically damaged or those spares which are consumables such as RF-ID cards,

printing activity, etc. The 'Scope of Work' includes necessary repairs and replacement of spare parts, if required. Whenever defective spare parts are replaced with new, the contractor shall handover the defective spares to the representatives of Indenting

Department. 7. The tenderer shall submit price list of Smart Card Reader/Validator In-Out Machines as well

as spare parts, Smart Cards as per the prescribed format shown in the Annexure-C. The payment of such spare parts shall be made as per the price list only if the spare parts are found to be physically damaged. The prices of spare parts shall be 'Firm' throughout the contractual period. The spare parts used for replacement shall be of reputed make and of proven quality with guaranty/warranty of one year period.

8. The maintenance should be on-site and it should cover replacement of all the

defective/worn out parts. Preventive Maintenance shall be done in the premises of the Undertaking, whereas in case of major breakdown of any major unit, the same may either be attended on-site or at the Works of contractor. The decision will be taken by the

Administrative Officer, Time Keeping Department.

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9. Record of defects noticed during each visit or no. of break-down calls attended shall be maintained by the Indenting Department alongwith the spare parts replaced if any, by the contractor.

10. Maximum response time for rendering the service should be less than 24 working hours after receipt of complaint from us. In case of minor and major breakdowns, the contractor shall set right the Time Keeping Software and Hardware within 24 hours only after receipt

of the break-down call. In specific circumstances, if extension is required, it can be given in consultation with Administrative Officer, Time Keeping Department after understanding the genuineness of the issue.

If the contractor fails to attend the break-down calls of Centralized Time Recording System Project within the reasonable period as mentioned above, arrangement will be made by the

Undertaking to get the same attended through other Agencies at the risk and cost of the contractor.

11. The break-down maintenance service is required from 9.00 a.m. to 5.00 p.m. at the

locations, excluding Saturdays, Sundays and Holidays, which will be informed by Administrative Officer, Time Keeping Department or his Authorized Representative.

12. The Liquidated Damages Clause is made applicable for this particular tender if the

implementation period is delayed beyond 6 months from the date of release of Contract Work Order. Further, the penalties will be recovered as per Service Level Agreement incorporated in Section-7, Technical Specifications.

13. The contractor shall keep adequate stock of spare parts required for maintenance of Hardware installed in Centralized Time Recording System Project.

14. The duration of operations and maintenance shall be 2 years after complete ‘Go-Live’ and acceptance of the system in all regions. The contract duration may be extended further in terms of one or more years by inviting separate tender for awarding Comprehensive

Maintenance Contract, if the system is not taken over by IT Department. 15. The BEST Undertaking can terminate this contract within the contractual period by serving

a notice in writing at least one month in advance to the contractor of its intention to

terminate the contract. 16. Any information sought by public under RTI Act pertaining to this contract shall be

furnished within 7 working days to the Undertaking.

17. Intellectual Property (IP): BEST shall own and have a right in perpetuity to use all newly created Intellectual Property Rights which have been developed solely during execution of this Contract, including but not limited to all processes, products, specifications, reports, drawings and other documents which have been newly created and developed by the contractor solely during the performance of Services under this Contract. All documentation and configuration items such as scripts, code, queries etc. developed by the contractor under customization during execution of the contract shall be property of BEST Undertaking. The contractor should

create a repository of such resources and provide access to BEST The contractor undertakes to disclose all such Intellectual Property Rights arising in performance of the Services to the BEST and execute all such agreements/documents and file all relevant

applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of the BEST. The data generated during the process shall not be shared/sold to any other organization.

Further, the contractor should sign Non-disclosure Agreement to this effect. 18. Breach and Rectification:

In the event that the contractor is in Material Breach of its obligations under this Agreement, BEST may terminate this Agreement upon notice to the other Party. Any notice served pursuant to this clause shall give reasonable details of the Material Breach, which could include the following events and the termination will become effective:

18.1 If there is Breach which translates into default in providing Services by the contractor as per this Agreement or the SLA, continuously for more than 3 months, then BEST will serve a one month notice for curing such Material Breach. In case the Material Breach continues after the notice period, BEST will have the option to terminate the contract.

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18.2 Because time is the essence of the contract, in case, for reasons prima facie attributable to the contractor, there is a delay of more than 8 weeks in the Project Implementation Phase by the contractor, BEST may terminate this Agreement after affording a reasonable

opportunity to the contractor to explain the circumstances leading to such a delay. Further, BEST may also invoke the Security Deposit Guarantee of the contractor. Pursuant to the termination, contractor shall transfer all the assets to BEST.

18.3 Where a change of control of the contractor has occurred whereby the contractor has merged, amalgamated or been taken over, due to which the majority shareholding of the contractor has been transferred to another entity, BEST can by a 60 days written notice,

terminate this contract and such notice shall become effective at the end of the notice. 19. Damage to the Undertaking’s premises/property:

Any damages caused by the contractor or any person acting for him, to the premises, person or property of the Undertaking in the performance of his contract, shall be made good by the contractor. In the event of the contractor failing to make good the damages

within the time specified by the General Manager or his Authorized Representative, the latter shall be at liberty to get the work done departmentally or through any other agency, and to recover the cost thereof together with such supervision/overhead charges as he may

deem fit out of any money that may be recovered at risk and cost of the contractor or from bank guarantee or by action in a Court of Law.

20. Award of License:

20.1 Award Criteria: BEST will award the License to the successful bidder as per bid evaluation of this Tender document.

20.2 Right to accept/reject any or all Proposals: BEST reserves the right to accept or reject any proposal, and to annul the bidding process

and reject all proposals at any time prior to award of license, without thereby incurring any financial or other liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for BEST’s action.

20.3 Notification of Award: BEST will notify the successful bidder in writing by way of Contract Work Order, that its proposal has been accepted. The notification of award will constitute the formation of the

agreement. 20.4 Signing of Agreement:

After release of Contract Work Order to the successful Bidder shall within 20 (twenty) days from the date of release of CWO execute the Service Level Agreement (SLA) with the BEST. This license shall be on the basis of Tender document, proposals of the Bidder, applicable guidelines of Competent Authorities, and other terms and conditions as may be mutually determined by the BEST to be necessary for due performance of the work.

20.5 Failure to agree with the Terms & Conditions of the Tender document:

Failure of the successful bidder to agree with the Terms & Conditions of the Tender document shall constitute sufficient grounds for the annulment of the award, in which event BEST may award the license to the next best value bidder or call for new proposals and/or

forfeit Security Deposit. 21. Exit Clause: 21.1 Successful Licensee shall be at liberty to terminate any agreement as a result of this

tender, after expiry of two years after giving advance notice of 3 months or payment of the license fee for the notice period in lieu thereof. BEST may, however, terminate the license at any time in compliance with orders/directions of any authority competent to issue such direction to BEST. The Licensee shall not be entitled to claim any compensation, relief, damages from BEST, except the right to remove equipment installed by him and refund of security deposit, advance license fee paid by him.

21.2 The Licensee shall not terminate the license prematurely within the first 2 years of license. In case the Licensee proposes to terminate the license within 2 years of license, the entire security deposit will be forfeited. After completion of two years of license, the license can be terminated with the prior notice of 3 months.

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22. Termination for default:

Default is said to have occurred:

i) If the selected Bidder fails to deliver any or all licensed services as per service standards specified in the License.

ii) If the selected Bidder fails to perform any other obligation(s) under the License.

iii) If the selected Bidder in the judgment of the BEST has engaged in corrupt or

fraudulent practices in competing for or in executing the License. iv) If the bidder, in either of the above circumstances, does not take remedial steps

within a period of 30 days after receipt of the default notice from BEST (or takes

longer period in spite of what BEST may authorize in writing), BEST may terminate the license in whole or in part. In addition to above, BEST may at its discretion also take the subsequent actions.

v) Risk Purchase: In the event BEST terminates the License in whole or in part, BEST may procure, upon such terms and in such manner as it deems appropriate, services

similar to those undelivered, and the selected Bidder shall be liable to BEST for any excess costs for such similar services. However, the Bidder shall continue performance of the License to the extent not terminated.

vi) Before the expiry of license (SLA), if the bidder wants to terminate the license, he may do so as per Exit clause.

23. Termination for insolvency:

BEST may at any time terminate the license by giving 30 days written notice to the selected Bidder if the latter becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the selected Bidder, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the BEST.

24.

Force majeure: i) The successful Bidder shall not be liable for forfeiture of its Security Deposit,

Liquidated Damages, or termination for default if and to the extent that it’s delay in performance or other failure to perform its obligations under the License is the result of an event of Force Majeure.

ii) For purposes of this clause, “Force Majeure” means an event beyond the control of the successful Bidder and not involving the successful Bidder’s fault or negligence, and not foreseeable. Such events may include, but are not restricted to, acts of the State in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

iii) If a Force Majeure situation arises, the successful Bidder shall promptly notify the BEST in writing of such condition and the cause thereof. Unless otherwise directed by the BEST in writing, the Bidder shall continue to perform its obligations under the

license as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

25. Resolution of disputes:

i) BEST and the selected Bidder shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the License.

ii) In case of any disputes regarding interpretation of terms and conditions of license (SLA), the same shall be referred to the General Manager, BEST and decision of

General Manager, BEST in this regard shall be final and binding on both the parties. 26. Confidentiality:

The selected bidder shall not, without BEST’s prior written consent, disclose the License, or any provision thereof, or any specification, plan, drawing, pattern, sample of information furnished by or on behalf of BEST in connection therewith, to any person other than a

person employed by the Bidder in the Performance of the License. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

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27. Admission on-site: The successful contractor shall have to obtain Entry Pass from Security & Vigilance dept by

paying the prescribed fees. The representatives of the contractor shall have to make the necessary arrival/departure entry at the Security Post and/or Visitors’ Register without fail. The representative shall have to carry this Entry Pass while visiting the location. Moreover,

the representatives of the firm will have to divulge his identity/authenticity as per the requirement of security personnel manning the premises. Further, the list of tools/spares brought by the representative at the site for the

maintenance activity should get attested by the security personnel while entering the premises.

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SCHEDULE-VI

EVALUATION OF OFFERS & MATCHING OF GROSS RATES

The offers received against this tender shall be evaluated as follows:

1. Evaluation of Offers:

1.1 After opening the Techno Commercial bids, all uploaded documents in respect of Technical information, Pre Qualification Criteria, etc. shall be thoroughly scrutinized and the technical suitability of each tenderer determined.

1.2 Price bids of only those tenderers, whose offers are found technically suitable, shall be opened on the bid opening date displayed on the tender website. Note: The tenderers whose offers are found technically unsuitable shall be able to see the

reasons for the unsuitability of their offers, only. 1.3 The gross rate for each item shall be calculated from the basic rates and taxes quoted by

each technically suitable tenderer which are displayed on the e-tender site after the opening of price-bids.

1.4 The tender evaluation shall be done on the basis of Evaluated Gross Rate arrived as sum

of Gross Rates of Item-1 & 2. For detailed Tender Evaluation Criteria, please refer para (3) of Tender Requirements & Tender Evaluation Criteria i.e. Schedule-VII.

2. Matching of Rates:

2.1 After due diligence, a tenderer may decide to match their evaluated gross rate i.e. sum of gross rates of Item-1 & 2 with that of the lowest evaluated gross rate to become eligible for Order.

2.2 The confirmation towards 'Matching of Rates' with that of LAO shall be given by the tenderers within the period from 'Matching start date' to 'Matching end date' displayed on the e-tender website.

2.3 The rates indicated in the original offer shall not be considered as valid once the rates are matched with LAO and if such offers are recommended, the rates on the Purchase Orders, the revised basic rates shall be calculated on the basis of quoted taxes, etc.

2.4 If while matching, the tenderers offer rates lower than LAO, it will be presumed that they have matched the rates and no special consideration will be given. However, if they become eligible for the orders, the advantage of special rates offered by them will be

taken. 2.5 If while matching, the tenderers offer rates which are lower than originally quoted rates,

but higher than LAO, it will be presumed that they have not matched the rates and will not

be considered for orders. 2.6 If while matching, the tenderers offer rates which are higher than their originally quoted

rates, it will be presumed that they have backed out from the tender and Earnest Money Deposit paid by them will be forfeited.

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SCHEDULE-VII TENDER REQUIREMENT & TENDER EVALUATION CRITERIA

1. Tender quantity: The detailed requirements are given below:

Item-wise description & quantity:

Item L. F. Description Quantity

1 1046295 One time installation cost of Project of Centralized Time Recording System on Build-Own-Operate-Transfer (B-O-O-T) basis as per the Undertaking’s specifications and requirements which includes 1 No. Central GPRS Server, 52 Nos. GPRS-enabled Card Readers/Validators, Software development (Backend software, Data synchronization, Card interface with ETIM, Rader interface, Data connectivity software, etc.), Cabling & Passive components, GPRS Charges & Leased Line charges, optimum Manpower, etc. for the warranty period of one year

1 Project ×

1 year warranty period

2 1046296 Comprehensive Maintenance Charges for one year (inclusive of

Manpower, Maintenance of Hardware as well as Software & Connectivity Charges) of Centralized Time Recording System after successful completion of warranty period of one year

1 year

2. Contractual period:

The contractual period for operation and maintenance shall be 2 years which includes warranty period of one year from the date of successful implementation of the Project and one year Comprehensive Maintenance period after successful completion of warranty period.

3. Tender Evaluation Criteria:

The tender evaluation will be done on the basis of Evaluated Gross Rate arrived as sum of

Gross Rates of Item-1 & 2.

The methodology used for evaluating bidders (who qualify in technical proposal) based on

the rates quoted by them in their price bid shall be as follows, which is final and binding to all bidders. BEST shall not entertain any queries on its evaluation methodology for L1 bidder.

The successful bidder shall be decided based on the Lowest Acceptable Offer having lowest evaluated gross rate i.e. sum of Gross rates of Item-1 & 2 received against the tender. In the event of cancellation of any selected bidder/Licensee for any reasons, BEST reserves the

right to select the next suitable bidder subject to Matching of Evaluated Gross Rate with that of Lowest Acceptable Offer.

This being Project item, there will not be quantity division and the entire Project will be awarded to Lowest Acceptable tenderer.

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SCHEDULE-VIII

TECHNICAL SPECIFICATIONS

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SECTION-1: OVERVIEW OF SCOPE OF WORK

The Brihan Mumbai Electric Supply & Transport Undertaking is a leading Intra City Passenger Road

Transport Organization in the city of Mumbai, operating from 27 depots spread across the city

and intends to make the entire attendance mechanism more automatic by implementing the

Centralized Attendance solution mechanism for the same. This mechanism shall facilitate:

1. Upgradation of the Attendance System implemented to replace conventional mechanism

with existing mechanism

2. 100% error-free system with auto generation of MIS for effective monitoring, decision-

making, deciding new policies and implementation thereof.

3. Bidder to design, build and implement Application for employees to View Attendance.

4. Scope of work at a glance:

4.1 Integration of Provide 50,000 RFID Cards with employee details which is already supplied by

Trimax IT Infrastructure & Services Ltd. earlier, and Trimax IT Infrastructure & Services Ltd.

has to supply 10 Lacs RFID MIFARE 1K/4K Cards to BEST, out of which 50,000 will be

utilized for this project (Employee RFID Card system). Bidder has to ensure to integrate

existing as well as new employee cards supplied by existing vendor Trimax IT Infrastructure

& Services Ltd.

4.2 Integrate this Smart Card with existing ETIM setup.

4.3 Provide centralized Server on cloud to store detailed employee In/Out timings received from

GPRS-enabled Card Readers.

4.4 Provide GPRS-enabled pair of Card Readers, one at each location or on the basis of

requirement.

4.5 Support the entire Mechanism.

4.6 This Pass can be used as Travel Pass by the BEST employees and will be authenticated by

ETIMs. This data will be then sent to Central Server to track free Travel Pass utilization by

BEST employees.

4.7 Employee log (Attendance) data will be stored at GPRS centralized Server on cloud and the

same shall be made available periodically in the form of flat files as per the required format.

4.8 Should provide In-built battery backup to take care of load shedding.

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SECTION-2: MIGRATION OF ALL DATA INCLUDING PHYSICAL

AND ELECTRONIC DATA FROM LEGACY SYSTEM TO THE NEW SYSTEM

The BIDDER shall perform data migration activities for legacy data in the existing system. The

migration shall include the following:

a. Records in existing attendance system database at central system, at bus stations and bus

depots.

b. Any other information required for the functioning of the system or intimated by BEST.

The Data migration to be performed by the BIDDER shall be preceded by an appropriate data

migration methodology, prepared by BIDDER and approved by BEST. BIDDER shall store the

migrated data including documents, etc. till the end of the contract.

The migration of the documents has to be ensured well as per the timelines defined, failing

which the BIDDER shall bear the additional cost attributable to such delay.

A) Replication of database server to IT Data Center Server on cloud

Configuration of database server is to be done such that each and every transaction at

centralized database server will be updated on IT Data Centre Server in real time.

Replication of database server can be done using techniques like master/slave replication.

This data will be used by web based application development by IT Department.

B) 1) Access – The bidder shall provide BEST access to employees, suppliers and third party

facilities, documents, records and systems reasonably required for Audit and shall provide all

such persons with routine assistance in connection with the Audits and inspections. BEST shall

have the right to copy and retain copies of any relevant records. The bidder shall co-operate

with BEST in effecting the Audits and providing necessary inspection.

2) Inspection Rights – The BEST shall have the right to inspect suppliers and third party

facilities, including leased premises for providing Services, data centre, data recovery centres,

documents, records, procedures and systems relating to the provision of the services but only to

the extent that they relate to the provision of the services, as shall be reasonably necessary to

verify.

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SECTION-3: PROVISION, DEPLOYMENT AND SUPERVISION

OF PERSONNEL REQUIRED FOR PROJECT i. The BIDDER shall be responsible for sourcing of the personnel and the management of

all matters relating to such personnel, to carry out the responsibilities assigned to the

BIDDER under the agreement with the BIDDER. In particular, these include:

a. Recruitment of the personnel possessing the qualifications prescribed in the

TENDER DOCUMENT;

b. Training of the personnel;

c. Payment of salaries and benefits to the personnel;

d. Meeting all statutory obligations / payments arising out of engaging the personnel;

e. Meeting all the liabilities arising out of the acts of the personnel

ii. During the course of the contract, if it becomes necessary to replace any of the Key

Personnel, the BIDDER shall forthwith with due approval from BEST, provide as a

replacement, a person of equivalent or better qualifications and experience than the

resource being replaced / or proposed in the bid.

iii. The team proposed in the proposal should be on the rolls of the bidder(s) at the time of

submission of the proposal. For any change of the resource or any resource being

proposed for operations, the bidder should have to submit the CV of the resource, at

least 2 weeks in advance for BEST to decide on the replacement.

iv. The BIDDER would be required to maintain personnel files with the following details of

the personnel deployed within the project:

a. Name and contact details (address, phone number, email ID)

b. Name and contact details of professional reference (at least 1)

c. ID proof photocopy (any one of Passport, voter ID card, driver’s license, PAN card

or any Central/ State Government issued ID card)

d. Professional and educational qualifications

e. Training provided for carrying out processes, etc.

v. BEST would be allowed full access to these files and would be allowed to conduct an

audit for compliance to minimum qualification requirements specified above.

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SECTION-4: PROJECT MANAGEMENT The successful bidder may be required to maintain and support the smart solution for the

contractual period of 2 years which will comprise of one year warranty period after successful

commissioning of Centralized Time Recording System and thereafter one year Comprehensive

Maintenance Contract.

The successful bidder should take on the sole responsibility of project management and should

work and manage other contractors for interfaces development, testing and implementation (as per

the requirement of BEST). The project management will continue to be Contractor’s responsibility.

The Contractor must furnish the project organization structure, escalation process and resumes of

all key members whenever required by the BEST Undertaking at any point of time during the

contractual period.

Schedule of Installation and Implementation:

The supply, installation and commissioning of the Project shall have to be completed within 6

months from the date of release of Contract Work Order. After successful installation and

commissioning, the successful bidder shall have to maintain the Project during the warranty period

of one year on free of cost basis. Thereafter, the successful bidder shall carry out Comprehensive

Maintenance Contract at the quoted rate for the period of one year after successful completion of

warranty period of one year.

PHASES OF IMPLEMENTATION:

Proposed solution will be implemented into three phases:

Phase I: Following processes will be carried out in this Phase

a. Data Collection & Maintenance: Database of all employees should be availed by BEST as per the data master.

b. To provide Data in soft form for printing of Employee details on Smart Card in Marathi.

c. Key Management and Personalization. d. Issuance of RFID Card. Phase II: Following processes will be carried out in this phase: a. Installation of GPRS-based RFID Card Reader’s Pilot Location. b. Testing and implementation of employee log in through RFID Smart Card system. c. Employee travel log using ETIMs

Phase III: Installation of GPRS-based RFID Card Readers at all BEST premises.

Phase III (Optional): Following processes will be carried out in this phase:

Automation and Validation of log in through ETIMs: In this process user authentication will be

provided through employee ID code to unlock and use ETIMs through RFID Smart Cards provided to the Conductor. Using this system, Conductor’s attendance will be authenticated through ETIMs also.

To impart training to all users as and when required on free of cost basis.

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SECTION-5: SPECIFICATIONS & BILL OF QUANTITY The specifications and quantities mentioned below are the minimum requirements of the

project. The bidder shall study the system and can offer required infrastructure.

1. Smart Card – Specifications:

Minimum Quantity: Nil.

(However, in exigencies, the Smart Cards will be purchased by the Undertaking as per the Technical Specifications shown below on as and when required basis at the rates quoted in Annexure-C throughout the contractual period)

Sr. No.

Specifications

1. The Smart Card shall be Mifare/ Desfire 1k/4K, fully compliant with ISO/IEC 14443

2. Physical dimensions of the Smart Card will comply with ISO/IEC 7810 standards

3. The operating frequency of Smart Card will be 13.56 MHz

4. Min. storage capacity 1k/4Kbytes

5. Card Lifetime> 5 Years

6. Distance of Work: Cards should work up to a distance of 10 cm from the antenna

7. Each Smart Card shall have a unique external identification number linked to the card manufacturer supplied internal identification number, which shall not be erasable or changeable. External number shall be engraved or printed in a long-lasting ink. External number shall have a check digit to minimize the possibility of errors on data entry.

2. Smart Card Reader/Validator In-Out Machine – Specifications:

Tentative Minimum Quantity: 52 Nos.

(The Undertaking will purchase Smart Card Readers/Validators In-Out Machines as per the

Technical Specifications mentioned below at the gross rate quoted in Annexure-C on as and when required basis for other locations in future).

Sr. No.

Description Specifications

I. CPU a) CPU Frequency At least 1GHz

b) Operating System Android

II. Memory A. RAM

a) Type DDR2 or better

b) Size At least 512 MB + 512 MB

B. Flash

a) Type NAND + LPDDR

b) Size At least 1GB

c) Expansion Slot Micro SD / Mini SD

III. Display a) Type Capacitive Touch screen

b) Size At least TFT, 3.5”

c) Resolution At least HVGA, 320*480

IV. Interface a) NFC Built-in

b) Wi-Fi Built-in

c) Micro USB Built-in

V. RFID Smart Card a) MIFARE/DesFire (A/B type) Built-in

b) NFC Built in

c) SAM Slot (ISO 7816) Built-in (At least 1)

VI. Communication Interface

a) GSM/GPRS/Edge Quad Band

VII. Power a) Battery Type Rechargeable

b) Capacity At least 1300mAh

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Benefit of the device shall be:

i) Photo and Time display on the device on tap of card. Thus making it sure of attendance timestamp registration.

ii) The device shall have the capability to be connected via Blue Tooth, Wi-Fi and GPRS. Thus

making it easy to get real time data on the server. iii) In case of GPRS network issue, the data is stored on device and can be sent to server by Wi-Fi

hotspot, no physical connections are required.

3. Data Centre (DC) site on cloud – Specifications

Basic Requirements of Data Centre (DC)

i) The proposed facility for DC should be Tier III compliant ii) The DC Facility Proposed should be ISO 27001 certified

iii) The DC shall be in different seismic zone 4. Manpower

The following table shows minimum suggested manpower:

Sr. No.

Designation Nos. Work Period

1. Project Manager 1 Project Management Implementation

2. Support Engineer 1 Support daily activity Complete project

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SECTION-6: RESPONSIBILITIES OF BEST UNDERTAKING & BIDDER

I. Responsibilities of BEST Undertaking:

a) The BEST Undertaking shall make available the data of all employees to the bidder in soft

form.

b) The BEST Undertaking shall supply 24x7 electrical powers for all network equipment as well as Smart Card Readers/Validators In-Out Machines installed at various locations.

II. Responsibilities of successful bidder:

a) The bidder has to lay required cables and required wires in a safe and aesthetic manner,

under the supervision of concerned Depot Manager/Engineering Depot Officers.

b) The bidder shall not damage any property or infrastructure of BEST.

c) While erecting wireless access point, the Bidder shall take necessary safety steps

d) The successful bidder or any person working with or under him shall enter into the Depot

premises only with prior permission of Chief Security & Vigilance Officer (CSVO) to take up

the work of installations, display etc. Necessary ID will be issued to him by licensor after

due certification from the Licensee.

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SECTION-7: SERVICE LEVEL AGREEMENT The purpose of this service level agreement (hereinafter referred to as SLA) is to clearly define the levels of service to be provided by the successful bidder to BEST for the duration of this license. SLA

defines the terms of the successful bidder’s responsibility in ensuring the timely delivery of the services and the correctness of the same based on the agreed Performance Indicators as detailed in the Agreement. This section defines various service level Indicators which will be considered by

BEST in the SLA with successful bidder.

The successful bidder has to comply with all the terms of SLAs defined below to ensure adherence to service timelines, quality and availability of services.

Note: Penalties shall not be levied on the successful bidder in the following cases:

i) The non compliance to the SLA has been solely due to reasons beyond the control of the bidder.

ii) There is a force majeure event affecting the SLA which is beyond the control of the successful bidder.

a) The contractor shall have to Supply, Install & Commission the Project within 6 months from the

date of release of Contract Work Order, failing which Liquidated damages @ 1% per fortnight or part thereof, of the total cost of the contract delayed beyond the delivery period exclusive of taxes will be recovered subject to a maximum of 10% of the value of the services delayed of

the contracted quantity.

b) The tenderer should note that the following penalties shall be deducted for non-compliance of service level computed based on the SLAs:

i) If attendance data is not retrievable due to data corruption, penalty of `1,000/- per instance

shall be levied.

ii) If defective Smart Card Readers/Validator In-Out Machine is not attended within 24 hours,

penalty of `1,000/- per instance shall be levied.

The Liquidated Damages recoverable from the bidder as specified in Schedule-IV, Conditions of Supply incorporated in the Tender document will be in addition to the penalty on the SLAs.

The successful bidder shall have to develop SLA measurement and monitoring software so that they will be in a position to submit the total penalty amount on quarterly basis for recovery. If this penalty amount is not paid by the successful bidder, the same shall be recovered from the

Security Deposit amount.

The Audit shall have the access to verify the on-line generated data/required information of

break-down maintenance of Smart Card Readers/Validator In-Out Machine at any point of time as well as no. of instances when the attendance data was not retrievable due to data corruption.

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SECTION-8: LIST OF LOCATIONS WHERE SMART CARD READERS/ VALIDATORS IN-OUT MACHINES ARE INSTALLED

Sr. No.

Location No. of GPRS-enabled Smart Card Reader/ Validator In-Out Machines installed

1. Dadar Workshop 5

2. Wadala Depot 5

3. Mahim Receiving Station 1

4. Bandra Depot 1

5. Santacruz Depot 1

6. Goregaon Depot 1

7. Oshiwara Depot 1

8. Malwani Depot 1

9. Poisar Depot 1

10. Gorai Depot 1

11. Magathane Depot 1

12. Dindoshi Depot 1

13. Majas Depot 1

14. Marol Depot 1

15. Dharavi Depot 1

16. Vikhroli Depot 1

17. Mulund Depot 1

18. Ghatkopar Depot 1

19. Shivaji Nagar Depot 1

20. Deonar Depot 1

21. Anik Depot 1

22. Pratiksha Nagar Depot 1

23. Colaba Depot 5

24. Colaba Offshore 1

25. Backbay Depot 1

26. Backbay Veej Bhavan 1

27. Kussara Depot 2

28. Mumbai Central Depot 2

29. Worli Depot 2

30. Chincholi Bunder (Malad) Depot 2

31. Prabhadevi Receiving Station 1

32. Pathakwadi Receiving Station 1

33. Grant Road Receiving Station 1

34. Supari Baug Receiving Station 1

35. Tardeo Terminus 1

36. Sewri Terminus 1

Total to be installed: 52

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SCHEDULE-IX

PRICES, TENDER VALIDITY & CONTRACT VALIDITY PERIOD

1. Prices: The tenderers shall quote unconditionally 'Firm' price.

1.1 The prices shall be firm and for free delivery of the material, if any by road transport to the required locations including arrangement for unloading and stacking of equipments at the

proper place. The same shall include charges for unloading and stacking them at the proper place. The prices shall include VAT, Service Tax, etc.

1.2 This being a Service Contract, the tenderer should quote VAT, Service Tax percentage and the percentage of Basic Rate on which VAT & Service Tax are made applicable.

2. Validity:

2.1 Tender Validity:

2.1.1 6 months from the Technical bid opening date.

2.1.2 It is the period (from technical bid opening date) within which the Undertaking is required to

enter into contract with the firm. On expiry of such period, the rates quoted in the tender are not binding upon the suppliers.

2.1.3 A proposal valid for a shorter period may be rejected as non-responsive. On completion of

the validity period, unless the bidder withdraws his proposal in writing, it will be deemed to

be valid until such time that the bidder formally (in writing) withdraws his proposal.

2.1.4 The BEST Undertaking may solicit the bidder's consent for an extension of the validity period for the bids. The request and the responses thereto shall be made in writing to BEST. However, BEST reserves the right to take any decision in this regard.

2.2 Contract Validity Period:

2.2.1 30 months from the technical bid opening date.

2.2.2 The Undertaking has newly introduced this concept of Contract Validity Period (in addition to

Tender Validity) in order to ensure fairness and clarity to get competitive bids from the suppliers. The project shall be implemented within 6 months from the date of release of Contract Work Order.

2.2.3 The contract duration may be extended further by awarding the Comprehensive Maintenance Contract by inviting Letter of Enquiry tender or by taking over the entire Project by the Undertaking’s IT Department. This Contract Validity Period shall commence

from technical bid opening date till a period of 30 months as mentioned above. During the Contract Validity Period, it will be binding upon the contractor for faithful execution of the contract as per the contractual terms.

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SCHEDULE-X

MODE OF PAYMENT 1. For One time installation cost of Project of Centralized Time Recording System

on Build-Own-Operate-Transfer (B-O-O-T) basis as per the Undertaking’s

specifications and requirements:

100% payment shall be payable on the 30th day from the date of successful Supply, Installation & Commissioning of Centralized Time Recording System or on the 8th day from the date of submission of Tax Invoice, whichever is later.

2. For Comprehensive Maintenance/Service Charges on Quarterly basis:

2.1 The contractor shall submit quarterly Service/Visit Report of preventive/breakdown maintenance in triplicate duly certified by In-charge of Time Keeping Department or his

Authorized representative alongwith the delivery challan copies (duly stamped by the Undertaking’s Security Guard at the Entry Gate) in case chargeable spare parts are used.

2.2 The original + second copy will be submitted to In-charge of Time Keeping Department or his Authorized representative and the third copy shall be retained by the contractor for his record.

2.3 After receipt of first two copies of Service/Visit Report/Delivery challan from the contractor, In-charge of Time Keeping Department or his Authorized representative will prepare Service Report for prescribed quarter and forward the same to the Materials Management Department, Dadar alongwith original Service/Visit Report and copy of delivery challan duly certified by the Security Guard as well as User Department, in case of replacement of spare parts.

2.4 The Materials Management Department, Dadar shall thereafter prepare Service Performance Note (SPN) and copy of the same shall be sent by e-mail to the contractor for his record and to the Payment Section at Colaba Head Office for releasing their payment.

2.5 Thereafter, the contractor shall submit their Tax Invoices alongwith SPN for the prescribed quarter for service charges and for chargeable spare parts, if any to the Payment Section, Colaba.

2.6 On receipt of SPN for quarterly maintenance service charges, the Payment Section shall release 100% payment either on the 30th day from the date of release of SPN or on the 8th day from the date of submission of Tax Invoice, whichever is later.

For chargeable spares, the Payment Section shall release 100% payment as per the Price

list either on the 30th day from the date of acceptance of spare parts (i.e. date of certification on the delivery challan by In-charge of Time Keeping Department or his

Authorized representative or on the 8th day from the date of submission of Tax Invoice, whichever is later.

NOTE:

1. The competent authority mentioned above is in-charge of Time Keeping Department or his authorized representative.

2. Kindly note that offers with Advance Payment conditions such as payment against documents through bank, payment against delivery with lesser validity period and offers not complying with above conditions shall be considered as Non-responsive and

their price bids shall not be opened.

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SCHEDULE-XI

SCHEDULE OF PRICES

1. Bidders are advised to study this Tender document carefully before participating. It shall be

deemed that submission of Bid by the bidder has been done after their careful study and examination of the Tender document with full understanding to its implications.

2. The Bidders shall quote their rates on-line in the price bid module of the Undertaking’s e-

tendering system. The tenderers are required to quote their rates in the following format:

Item : 1

L.F. : 1046295

Description : One time installation cost of Project of Centralized Time Recording System on Build-Own-Operate-Transfer (B-O-O-T) basis as per the Undertaking’s specifications and requirements which includes 1 No. Central GPRS Server, 52 Nos. GPRS-enabled Card Readers/Validators, Software development (Backend software, Data synchronization, Card interface with ETIM, Rader interface, Data connectivity software, etc.), Cabling & Passive components, GPRS Charges & Leased Line charges, optimum Manpower, etc. for the warranty period of one year.

Quantity × Period : Single Project with one year warranty period.

Basic Rate : ` __________ for the entire Project exclusive of Taxes, Levies, etc.

Taxes : The tenderer shall have to quote taxes in values such as VAT @ ` _____

arrived as 12.5% of ___% of Basic Rate and Service Tax @ ` _____

arrived as 15% of ___% of Basic Rate.

Item : 2

L.F. : 1046296

Description : Comprehensive Maintenance Charges for one year (inclusive of

Manpower, Maintenance of Hardware as well as Software & Connectivity Charges) of Centralized Time Recording System after successful completion of warranty period of one year.

Quantity × Period : Comprehensive Maintenance Charges for one year after successful completion of warranty period of one year.

Basic Rate : ` __________ exclusive of Service Tax.

Taxes : The tenderer shall have to quote Service Tax @ 15%.

-40-

ANNEXURE-A

SCHEDULE OF GUARANTEED PERFORMANCE & OTHER TECHNICAL PARTICULARS – SOLUTION, APPROACH, METHODOLOGY, WORK PLAN,

BILL OF QUANTITY & MANPOWER

A. Technical Solution.

B. Detailed Design & Approach - Hardware, System software and application software detail used in the project.

C. Work Plan - Schedule of Installation, Implementation, Maintenance including Disaster

Management Plan, Service details, etc.

D. Training details.

E. Manpower details such as position, qualification, experience, duties & responsibilities in the

Project.

F. Bill of Quantity – Hardware, Smart Card Reader/Validator In-Out Machine, any other

accessories, etc. The tenderer should give specifications of aforesaid Hardwares including Smart

Card Reader/Validator In-Out Machine.

-41-

ANNEXURE-B

CERTIFICATION OF ANNUAL SALES TURNOVER BY THE CHARTERED ACCOUNTANT

(To be uploaded alongwith Technical Criteria only)

This is to certify that the Annual Turnover furnished by M/s. ____________________________ for

the last two Financial Years (i.e. 2014-15 & 2015-16) as furnished in the enclosed statement of

accounts, is verified by us and found correct.

Financial Year Turnover

2014-15 ` _____ Crores

2015-16 ` _____ Crores

CHARTERED ACCOUNTANT:

(Signature with Seal)

My Membership No. _______ Address:

-42-

ANNEXURE-C

PRICE LIST OF SMART CARD READER/VALIDATOR IN-OUT MACHINE, SMART CARDS,

PRINTING COST, SPARE PARTS OF SMART CARD READER/VALIDATOR IN-OUT MACHINE, ETC.

(To be filled in by the Tenderer)

Sr.

No.

Description Proc.

unit

Make/

Brand, if any

Price break-up of spare parts

Basic

Price

Taxes,

if any

Landed

Gross Rate

1. Smart Card Reader/Validator In-Out Machine (without web camera)

2. Smart Card Reader/Validator

In-Out Machine (with web camera)

3. RF-ID based Personalized Smart

Card

4. Cost of Printing for Smart Card

5. Spare Parts of Smart Card Reader/Validator In-Out Machine

6. Any other item as desired by the bidder

N.B.: 1. All above items including spare parts, consumables, etc. offered shall be of reputed makes and of proven quality. Further, the tenderer should give basic rate, taxes and landed gross rate of all above items and spare parts to be replaced on chargeable basis. Please note that the above prices should be unconditionally firm throughout the contractual period and for free delivery of the spares if any, by road transport to the prescribed location.

2. The payment of spare parts of Smart Card Reader/Validator In-Out Machine will be given if the spare parts are found physically damaged. In other words, the bidder shall have to

maintain all the Hardwares on free of cost basis only.

-43-

ANNEXURE-D

SCHEDULE OF DEPARTURES FROM TECHNICAL SPECIFICATIONS

Tenderers shall mention in this schedule all departures from the various clauses of the

Specifications of the item. In the absence of any mention in this schedule, the clauses of these

Specifications shall be binding on the tenderers. If the departure specified herein, is found to be in

contradiction to the Undertaking’s requirements/specifications then such offers will be treated as

non-responsive.

[Must be filled by the Tenderers separately, if there is departure & then upload alongwith in the

Technical bid]

Sr.

No.

Ref. to Section No. & Clause No.

of Technical Specifications, Schedule-VIII

Departures

We here carefully gone through the specifications and we undertake to meet clauses in the

specifications in all respects etc. for the deviations mentioned above.

N.B.: Please note that if the tenderer fails to upload Schedule of Departure, it will be presumed that

there is no technical deviation.

-44-

ANNEXURE-E

BIDDER’S DETAILS OR LEAD MEMBER’S DETAILS IN CASE OF CONSORTIUM

Sr. No.

Particulars Description/ Details

Reference documents Uploaded documents, if any

1. Name of Bidder

2. Contact Details

Address

Telephone #

Fax

E-Mail

Website

3. Incorporation Details Certified Copy of Incorporation Under Indian Companies Act,

1956 Incorporation Number

Date of Incorporation

Authority

4. Registration Details Certified Copies of Service Tax Registration and Sales/Trade Tax Registration in India

Sales/Trade Tax. No.

Service Tax No.

PAN No.

5.

Annual Turnover of the

Bidder in the last two years (in crores)

Audited Statements of the

Bidder's Balance Sheets

FY 2014-2015

FY 2015-2016

6. Legal Status of Company (e.g. Pvt. Ltd, Government Entity)

7.

Name of the authorized signatory who is authorized to quote in the tender and enter into the rate contract

Power of Attorney duly authorizing the person signing the bid documents to sign on behalf of the bidder and thereby binding the bidder

Designation

Telephone

Mobile

E-Mail

8.

Number & Address of Offices

In India

In Maharashtra

-45-

ANNEXURE–F

SELF-DECLARATION BY THE BIDDER

(To be submitted on the letterhead of bidder)

Details of Ineligibility for corrupt or fraudulent practices / Blacklisted with any of the Government or Public Sector Units

To

The General Manager,

BEST Undertaking,

Electric House, Colaba,

Mumbai – 400 001

Sir,

Sub: Declaration for not being under an ineligibility for corrupt or fraudulent practices or blacklisted with any State or Central Government or Public

Sector Units in India as on last date of submission of the Proposal

We, the undersigned, hereby declare that –

• We are not involved in any litigation with any client which will impact execution of this project.

• We are not under a declaration of ineligibility for corrupt or fraudulent practices

• We are not blacklisted with any of the Government or Public Sector Units in India.

Thanking you,

Yours faithfully,

(Signature of the Bidder)

Printed Name

Designation

Seal:

Date:

Place:

-46-

ANNEXURE-G

BIDDER’S EXPERIENCE IN VARIOUS PROJECT SINCE LAST 2 YEARS

Bidder’s Project Experience List:

Sr. No.

Project Name

Client Name

Role of Bidder

Cost of Assignment

Date of Commencement

of Project

Date of Project

Go-Live

State in India

-47-

ANNEXURE–H

DETAILS OF EXPERIENCE OF BIDDERS IN VARIOUS PROJECTS

As per the format below, the bidder should provide information for each project on similar

assignments required for pre-qualification and technical evaluation criteria.

Sr. No.

Credential for < Prequalification Criteria No. / Technical Criteria No.>

Parameter Details

General Information:

1. Customer Name

2. Name of the contact person and contact details for the client of the assignment

3. Whether client visit can be organized (Yes / No)

Project Details:

1. Project Title

2. Start Date and End Date

3. Date of Go-Live

4. Total Cost of the project

5. Current Status (Live / completed / on-going / terminated / suspended)

6. No of staff provided by your company

7. Please indicate the current or the latest AMC period with the client (From Month –Year to Month-Year)

8. Please indicate whether the client is currently using the implemented solution

Size of the project:

1. Number of total users and concurrent users of the solution at the client location(s):

Total users

Concurrent users

2. Training responsibilities of Bidder

3. Any other information to be shared with

Purchaser

Enclosures Required:

Enclosure-A: Narrative Description of the Project

Enclosure-B: Detailed Description of actual services provided by Bidder:

Enclosure-C: Documentary Proof

-48-

ANNEXURE-I

FORMAT FOR MANUFACTURER’S AUTHORIZATION FORM

(To be obtained from all OEMs on OEM letterhead)

Tender No.: Date: _______________

To

The General Manager

The BEST Undertaking,

BEST Bhavan,

BEST Marg, Colaba,

Mumbai – 400 001

WHEREAS_____________________________________________ who are official manufacturers of

___________________________ having factories at _____________________________________

do hereby authorize ____________________________________________________ to submit a

Bid in relation to the Invitation for Bids indicated above, the purpose of which is to provide the

following Goods, manufactured by us ______________________________ and to subsequently

negotiate and sign the Contract.

We hereby extend our full guarantee and warranty for the complete project duration, with respect

to the Goods offered by the above firm in reply to this Invitation for Bids. We also confirm that the

Goods/Services supplied as a part of the Tender document shall not be End of Sale / Life / Support

for the entire contract period. Also the Goods / Services supplied as a part of Tender document

shall be supported for the entire contract period. The products offered by us are of equivalent or

higher specifications as mentioned in the Tender document.

Signature:

Full Name:

Address:

-49-

ANNEXURE-J

LIST OF SUB-CONTRACTORS AND OEMS & THEIR DETAILS

List of Sub-Contractors:

Sr. No.

Role Name of Sub-Contractor/ OEM

Responsibility Products/Services offered

List of OEMs:

Sr. No.

Role Name of OEM Responsibility Products/Services offered

-50-

ANNEXURE-K

DETAILS OF SUB-CONTRACTORS & OEMS’ The bidder must provide the following details for the sub-contractors and original manufacturers of all the products proposed to be provided:

Sr.

No.

Particulars Description/

Details

Reference of

documents

Page No.

A. Name of Organization

B. Contact Details

Address

Telephone No.

Fax

E-mail

Website

C. Incorporation Details Certified copy of incorporation under Indian Companies Act, 1956

Incorporation Number

Date of Incorporation

Authority

D. Sales/Trade Tax Regn.

Details

Certified copy of valid

Sales/Trade Tax Registration

Sales/Trade Tax No.

Date

Registration Authority

E. Service Tax Regn. Details Certified copy of valid Service Tax Registration in India

Service Tax No.

Date

Registration Authority

F. Legal Status of Company

G. Name of Authorized

Signatory

Special Power of Attorney,

duly authorizing the person signing the bid documents to sign on behalf of the

bidder and thereby binding the bidder

Position

Telephone

Fax

Mobile

Email

H. ISO 9001:2008 certification Copy of Certificate issued by respective agency

a) Issue Date

b) Valid Up to

c) Authority

d) Field / Area

I. Any other certifications Copy of Certificate issued

by respective agency

a) Issue Date

b) Valid Up to

c) Authority

d) Field / Area

J. Number & Address of Offices

a) In India

b) In Maharashtra

Full Name and Signature of the Authorized Representative:

-51-

ANNEXURE-L

FORM FOR REQUESTING CLARIFICATIONS ON TENDER DOCUMENT

(To be submitted on the Letterhead of the Bidder)

Bidder's Request for Clarification

Name & address of the Bidder Submitting Request

Name and Position of Person submitting request

Contact Details of the Organization / Authorized Representative

Telephone:

Fax:

Mobile:

E-Mail:

Sr. No.

TENDER DOCUMENT Reference Content of Tender document

requiring Clarification

Points of Clarification Required Section Page

No. Clause No.

Signature:

Date:

-52-

ANNEXURE-M

BANK DETAILS OF THE UNDERTAKING:

Bank Name: Canara Bank Branch Name with address: Colaba Branch, Colaba, Mumbai.

IFSC Code: CNRB0000106 BEST PAN No.: AAA LM 0042 L

M VAT TIN No.: 27430247983 V Dated: 01-04-2006 CST TIN No.: 27430247983 C Dated: 01-04-2006

INSTRUCTIONS FOR SUBMITTING BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

1. The copy of the Power of Attorney under which the person is authorized to sign this Guarantee Bond may please be sent to the Undertaking along with the Guarantee.

2. The Bank Guarantee should be executed exactly as per this draft and in case any changes are made or additions/deletions effected, the Bank Guarantee may not be accepted by the

Undertaking. The Contractor may then be required to lodge the Security Deposit in any other form as provided in the General Conditions of Contract.

3. Bank Guarantee should be on a Stamp Paper of `100/-, alongwith confirmatory letter from

the Regional Office of the Bank concerned in an enclosed format.

4. The name of the officer should be mentioned below his signature and word “Surety” should be typed below his signature.

5. Bank Guarantee should be signed in presence of two witnesses, who should also sign and

give their names and designations.

6. The seal of the Bank should be affixed below or near the signature of the officer and on all pages at the middle of each page.

7. Power of Attorney original or true copy must be submitted along with Bank Guarantee. It will returned after verification.

8. This Bank Guarantee is subject to Mumbai Jurisdiction.

9. The format for Captioned Letter for Bank Guarantee is given in Annexure-M.

10. `2,000/- should be paid in cash towards the cost of verification charges of Bank Guarantee.

DRAFT FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

The General Manager, The Brihan Mumbai Electric Supply & Transport Undertaking,

MUMBAI- 400 001

KNOW ALL MEN BY THESE PRESENTS THAT WE _______________________________________

(Please put up the name of the Bank)

whose office is situated at _________________________________________________________

(Please put address of the Bank)

(hereinafter referred) to as “Sureties” (which expression shall mean to include their successors and assigns) are firmly bound the General Manager, The Brihan-Mumbai Electric Supply & Transport Undertaking (hereinafter called “The Undertaking’) for and on behalf of the Municipal Corporation of Brihan-Mumbai for the purpose of the Undertaking (hereinafter called ‘The Purchaser” in which expression are included the said General Manager and the person or persons, for the time being

holding the office of the General Manager or the Acting General Manager of the Undertaking) in the sum of `_______________ (Rupees _____________________________________________) to be

-53-

paid to the Purchaser for which payment to be well and truly made we bind ourselves, our successor and assigns firmly by these presents sealed with our seals.

DATED THIS DAY OF (Please put the date) WHEREAS by a contract for the manufacture and supply of _________________________during the year ______________ hereinafter referred to as the said Goods as evidenced by the Contract Work Order No.____________________________ dtd. ___________ of the Brihan-Mumbai Electric Supply & Transport Undertaking, M/s. _________________________________________(Please put name and address of the

firm)(hereinafter called the ‘Contractors’) have agreed with the Purchaser for the considerations therein mentioned, to manufacture and supply the said goods and perform and fulfill obligations as in the said Contract is more particularly mentioned and set out and whereas the Contractors were

required to pay a Security Deposit of ` ___________ as part of the terms upon which the said

contract was entered into the Contractors proposed and the Purchaser accepted the sureties in lieu of the said Security Deposit for the due and faithful performance by the Contractor, their successors

or assigns of the said contract and the Sureties have agreed to become bound in the sum above mentioned conditioned as hereinafter expressed.

NOW THEREFORE the conditions of the above written Bond is such that if the Contractors, their successors or assigns do and shall well and truly execute all the works contemplated by the said Contract according to the terms thereof and perform and fulfill and keep all the obligations of the

Contractors under the said contract according to the true intent of the same and shall duly make all payments in respect of damages, indemnity, reimbursement or otherwise, which shall become payable by the contractors, their successors or assigns under the terms of the contract or in respect of any breach, non-observance or non-performance of any of the terms thereof then, the above written Bond shall be void but otherwise shall remain in full force and effect. PROVIDED ALWAYS and it is hereby declared that, the liability of the contractors and the Sureties shall not be affected or discharged by the alterations agreed to by the Purchaser or their agent in the details of the works, materials, matters and things in the said Contract or in the papers, attached thereto it

being the true intent and meaning of the above written Bond that same shall be in full force and effect to secure the execution of all the works and the supply of the said goods and fulfillment of all obligations of Contractors, which may be reasonably inferred to be contemplated by the contract

and fulfillment of the obligation of the Contractors in respect of such works and the supply of the said goods and the payment of all moneys, which may become payable as aforesaid in respect thereof whether such alterations in detail be or not be made as aforesaid.

PROVIDED FURTHER that notwithstanding any difference or dispute arising between the Contractors and the Undertaking under the terms of the contract or in any matter connected therewith the demands made by the General Manager shall conclusive as to the liability of the Sureties and the Sureties shall make payment to the General Manager without demur forthwith upon receipt of such demand.

PROVIDED FURTHER that, any claim preferred by the Purchaser to the Contractors and remaining unsatisfied by the Contractors shall be fully discharged and satisfied to the extent of the guarantee by the Sureties.

AND PROVIDED that, the Purchaser shall be at liberty without discharging the Sureties from liability hereunder to grant time or other indulgence to the Contractors in respect of payment due by the Contractors to the Purchaser under the terms of the said Contract and to treat the sureties in all

respects as though the Sureties were jointly and severally liable to the extent of the said sum of `____________ (Rupees___________________________________________) with the Contractors

as debtors to the Purchaser instead of merely Sureties for the Contractors. In order to give effect to this Guarantee, the Sureties declare that, the Purchaser shall be at liberty to act as though they were the principal debtors and hereby waive all and any of their rights as Sureties (legal, equitable, statutory or otherwise), which may at times be inconsistent with the above provisions. This Guarantee will expire on _________________.

-54-

Notwithstanding anything stated above, our liability under this Guarantee shall remain in force upto ______________. Unless a demand or a claim in writing is presented to us, under this Guarantee within 6 months from that date i.e. upto ___________, all your rights under this Guarantee shall be

forfeited and we shall be relieved and discharged from all liabilities thereunder.

Provided, however, that the Bank hereby agrees to extend the period of Guarantee further or sign a

fresh Guarantee if for any reason whatsoever, the Contractors are unable to complete the works within the period stipulated for such execution and the Undertaking as a result of the same instead of terminating the contract and treating it as failure on the part of the Contractors grants an

extension of time and calls upon the Contractors to obtain an extension of the Guarantee period or a fresh guarantee.

Any dispute/claim arising out of this Guarantee shall be subject to the jurisdiction of Mumbai Courts only.

For M/s. ______________________________________________

(Please put the Name of the Bank)

(1) Authorized Signature (2) Authorized Signature

__________________ __________________

(Name) (Name)

(1) (Signature of Sureties) (2) (Signature of Sureties)

__________________ __________________

(Name) (Name)

-55-

ANNEXURE-N

FORMAT OF CAPTIONED LETTER

==== NAME OF THE BANK (ON BANK’S LETTER HEAD) ====

The General Manager,

The Brihan Mumbai Electric Supply & Transport Undertaking,

BEST Bhavan,

Mumbai- 400 001

Ref. : Guarantee No. ____________________ dated _______________

For ` ________________________________ issued on behalf of

M/s. __________________________________________________

__________________________________________________

Dear Sir,

We refer to the captioned Bank Guarantee issued on behalf of our clients M/s. ________________,

which is drawn at our __________________________________________ Bank.

The above Bank Guarantee has been given by our clients towards Security Deposit/Performance

Guarantee for the execution of the contract with the B.E.S. & T. Undertaking.

In this regard, we assure and undertake that, in the event any demand is made by you for invoking

the said Bank Guarantee, the Bank will honour the commitment by them and the payment will be

made to you without any demur forthwith upon receipt of demand from your office as per the terms

of the Guarantee. We, once again, assure you that the interest of your organization under any

circumstances will be fully protected by us.

Yours faithfully,

GENERAL MANAGER OF THE BANK

the brihan-mumbai electric supply & transport undertaking ...€¦ · the brihan-mumbai...

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