Tirumala Tirupati Devasthanams

Transcription

1 Tirumala Tirupati Devasthanams Open Tender for ENGAGING PROJECT MANAGEMENT AGENCY FOR ESTABLISHMENT OF GLOBAL DATA CENTER FOR TTD TENDER NO. 09/EDPM/TTD/Tpt/ Prepared by: Information Technology Department, T.T.Devasthanams, Tirupati 1

2 I N D E X NO DETAILS Page No. 1. NOTICE INVITING TENDER (NIT) 2. DECLARATION OF TENDERER 3. ELIGIBILITY CRITERIA 4. INSTRUCTIONS TO TENDERERS. 5. GENERAL TERMS AND CONDITIONS OF CONTRACT 6. SPECIAL CONDITIONS FOR INCOME TAX AND VAT/CST 7. FORCE MAJEURE 8. INDEMNIFICATION 9. CONFIDENTIALITY 10. INTELLECTUAL PROPERTY RIGHTS 11. SCOPE OF WORK 12. DURATION OF THE CONTRACT 13. PAYMENT 14. ANNEXURE 15. PRICE BID 2

3 TIRUMALA TIRUPATI DEVASTHANAMS INFORMATION TECHNOLOGY DEPARTMENT *** *** *** 1. NOTICE INVITING TENDERS (NIT) I.T. Department 1. DEPARTMENT NAME : O/o.EDP MANAGER, TTD, TIRUPATI. 2. CIRCLE : O/o.EDP MANAGER 3. NIT NUMBER : 09/EDPM/TTD/Tpt/ NAME OF WORK : Engaging Project Management Agency for Establishment of Global data Center for TTD 5. ESTIMATE CONTRACT VALUE : Open Tender 6. PERIOD OF COMPLETION : Three months 7. BIDDING TYPE : Open tender 8. BID CALL NO. : 1 st Call 9. EMD/BID SECURITY : Rs. 20,000/- 10. EMD/BID SECURITY DD PAYABLE TO 11. BID DOCUMENT DOWNLOADING START DATE 12. BID DOCUMENT DOWNLOADING END DATE 13. LAST DATE AND TIME FOR RECEIPT OF BIDS : The Executive Officer, TTD, Tirupati : 12/09/2016 from P.M. : 26/09/2016 up to P.M. : 26/09/2016 up to P.M. 14. BID VALIDITY : Three Months 15. PRE QUALIFICATION/TECHNICAL BID OPENING DATE : 26/09/ P.M. 16. COMMERCIAL BID OPENING DATE : 28/09/ P.M. 17. OFFICER INVITING BIDS : The EDP Manager, TTD, Tirupati 18. BID OPENING AUTHORITY The H.O.D.(IT), TTD, Tirupati 19. ADDRESS The EDP Manager, O/o.EDP Manager, #106, 2 nd Floor, Admn Building, T.T.Devasthanams, Tirupati. Chittoor (D), A.P.(S), India 20. CONTACT DETAILS edpm@tirumala.org 3

4 2. DECLARATION BY THE TENDERER The Executive Officer, Tirupati Tirumala Devasthanams, Tirupati Dear Sir, Sub : Engaging Project Management Agency for Global data Center for TTD Establishment of Ref : *** 1. We expressly declare and acknowledge that we have carefully read / understood and followed the Guidelines. 2. We will not make any claim or demand upon TTD based upon or arising out of any alleged misunderstanding, misconception or mistake. 3. We shall keep the offer open for a period of 3 (Three) Months and not modify or alter the whole or any part of the offer submitted for the above period. 4. In the unlikely event of the withdrawn during the agreement period by us, the EMD Earnest Money Deposit amount of Rs. 20,000/- paid at the time of tender may be forfeited by TTD. 5. If our offer is accepted the EMD will be retained by TTD for further fulfillment of the contract. 6. If our offer is not accepted the EMD shall be returned on application, after we receive the notice or rejection of our tender. 7. We understand and agree that TTD is not bound to accept the highest offer that it receives under this offer. 8. We also understand and agree that TTD reserves the right to cancel all or any applications under this offer without assigning any reasons or explanations and if necessary call for tenders. 9. If our offer is accepted, we agree to enter into a formal agreement with TTD to affect the Engaging Project Management Agency for Establishment of Global data Center for TTD. 10. We declare and accept that a mere submission of the offer by us does not constitute any relationship with TTD in any manner whatsoever. Yours truly, (Seal & Signature of Tenderer) Name & Address of Tenderer. 4

5 3. ELIGIBILITY CRITERIA: TIRUMALA TIRUPATI DEVASTHANAMS, TIRUPATI O/O.EDP MANAGER The tenderer shall fulfill the eligibility criteria for participation in the tender and the tender will be evaluated adhering to the following mandatory eligible criteria: 3.1 The bidder should be a Company/firm registered under the Indian Companies Act, 1956 since last five years as on date of tender. Relevant certificates shall be provided. 3.2 The bidder should have a turnover of at least Rs.3.00 Crores in any one of the financial years i.e., to Audited Balance Sheet & profit and loss account should be submitted for the said same financial year in support of the same. 3.3 The bidder should have experience of setting up of minimum two (02) number of Facility build/design/consultancy projects (Tier 2 or above Data Center) each with value of more than lakhs during last five years reckoned from the date of NIT. At least one such project should have been successfully executed for any Indian Govt. office / PSU / autonomous Govt. body. 3.4 EMD in the form of Demand Draft in favour of Executive Officer, T.T.D, Payable at Tirupati for Rs.20,000/ The firm has to submit a letter duly stating that they have not been blacklisted in the past by an institution/ organization on non-judicial stamp paper being purchased by the tenderer as per prevailing rates under the stamp act. 3.6 The tenderer shall furnish copy of Permanent Account Number (PAN) card. 3.7 The bidder must have and submit the attested Xerox copy of CST/VAT registration certificate. 3.8 Cost of Tender document in the form DD in favour of Executive Officer, TTD for Rs.2,000/-. 4 INSTRUCTIONS TO TENDERERS 4.1 The EDP Manager, TTD, Tirupati, invites tenders for the above work vide Adv. No. 34/SE(Elec)/TTD/TPT/ , date The bids will be opened by the H.O.D.(IT), TTD, Tirupati or his nominee at his office, on the dates mentioned in NIT. If the office happens to be closed on the dates, the opening of tenders gets automatically postponed to the next working date, the 5

6 time being unaltered, unless extended by a notification published in News papers or through Amendment on TTD s Web site i.e Tender shall download the tender document from the TTD website Cost of the tender document of Rs.2,000/- (Rupees Two Thousand only) shall be paid in the form of D.D. drawn from any scheduled bank in favor of the Executive Officer, TTD payable at Tirupati and the same shall be submitted along with the Bid at the time of bid submission. 4.3 The successful tenderer is expected to complete the work within the time period specified in the NIT. The tenderer shall furnish all the document proofs as specified in Check-list 4.4 Qualification/Disqualification of the Tenderer: The tenderer must fulfill the eligibility criteria prescribed in the tenderer with all the supporting documents as per the eligibility criteria. If tenderer fails to produce documentary evidences of the eligibility criteria, the tenderer will be disqualified. All the documents must be stamped and signed Even though the Tenderers meet the qualifying criteria, they are liable to be disqualified / debarred / suspended / blacklisted if they have a) Furnished false / fabricated particulars in the forms, statements and / annexures submitted in proof of the qualification requirements and/or b) Not turned up for entering into agreement, when called upon. c) Record of poor progress such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. and/or d) Even while execution of the work, if found that the work was awarded to the Contractor based on false / fake certificates of experience, the Contractor will be blacklisted. e) If the rates quoted by a tenderer is found to be either abnormally high or with in the permissible ceiling limits prescribed but under collusion or due to unethical practices adopted at the time of tendering process, such tenders shall be rejected. f) A tenderer submitting a Tender which the tender accepting authority considers excessive and or indicative of insufficient knowledge of current prices or definite attempt of profiteering will render himself liable to be debarred permanently from tendering or for such period as the tender accepting authority may decide One Tender per Tenderer: Each Tenderer shall submit only one Tender for the work. A Tenderer who submits more than one Tender will cause disqualification of all the Tenders submitted by the Tenderer. 4.5 TENDER DOCUMENT Contents of Tender document. 6

7 One set of Tender document, comprises of the following: I.T. Department Technical bid Notice inviting tender (nit) Declaration of tenderer Eligibility criteria Instructions to tenderers. General terms and conditions of contract Special conditions for income tax and vat/cst Force majeure Indemnification Confidentiality Intellectual property rights Scope of work Duration of the contract Payment Annexure Price Bid Schedule A Clarification on Tender Documents A prospective Tenderer requiring any clarification on Tender document may contact the Tender Inviting Officer at the address indicated in the NIT or thorough edpm@tirumala.org. Tender Inviting Officer will also respond to any request for clarification and will post the clarification in Amendment to Tender Documents Before the last date for submission of Tenders, the Tender Inviting Officer may modify any of the Contents of the Tender Notice, Tender documents by issuing amendment / Addendum Any addendum/amendments issued by the Tender Inviting Officer shall be part of the Tender Document and it shall either be communicated in writing to all the tenderers, or notified in the News Papers in which NIT was published or on website To give prospective Tenderers reasonable time to take an addendum into account in preparing their bids, the Tender Inviting Officer may extend if necessary, the last date for submission of tenders. 4.6 PREPARATION OF TENDERS Language of the Tender. All documents relating to the tender shall be in the English Language only. 7

8 4.6.2 Bid Submission: Tenderer is advised to study the Bid document carefully. Submission of the Bid shall be deemed to have been done after careful study and examination of the Bid document with full understanding of its implications. Failure to furnish all information required by this Bid document or submission of a Bid not substantially responsive to the Bid document in every respect will be Tenderers risk and may result in the rejection of its Bid Submission of bid will be in the form of two bids with Technical and Financial Bids. Technical Bid and Financial Bid must be submitted in separate sealed envelope. The envelope cover in each case should be super scribed with Technical Bid for Engaging Project Management Agency for Establishment of Global data Center for TTD respectively. Tenderer name, address and NIT No should also be super scribed on each envelop. Both Technical and financial envelops shall be placed into single cover and submitted super scribed with Tender for Engaging Project Management Agency for Establishment of Global data Center for TTD with NIT No: along with D.D. drawn towards cost of Tender document Technical Bid: This envelope shall be sealed and super scribed as Technical Bid for Engaging Project Management Agency for Establishment of Global data Center for TTD. This envelope shall contain following documents: Full Tender Document duly signed by Authorized Signatory on each and every page. It shall be expressly agreed therein that the Bidder has read and understood the entire Tender Document and shall comply with the same without any deviations Eligibility Criteria: ANNEXURE I CHECKLIST TO ACCOMPANY THE TENDER with supporting documents Financial Bid: This envelope shall be sealed and super scribed as Financial Bid for Engaging Project Management Agency for Establishment of Global data Center for TTD. This envelope shall contain Price Bid The application with over-writing, alternations etc. will not be admitted unless they are attested by the Tenderer. Tender 8

9 document should be neatly typewritten and every correction should be invariably attested by full signature with date before submission of tender to the authority concerned, failing which the tender will not be eligible for further consideration. Errors, if any, will be corrected / accepted by the tender accepting authority at its discretion. Telegraphic and Pencil Quotes will not be accepted. Unsigned application forms will be rejected All duties, taxes, and other levies payable by the contractor as per State / Central Government rules, shall be included in the quoted rate by the tenderer Bids may be sent by registered post/ speed post/courier or by hand delivery, so as to reach the Purchaser at the address specified in BDS on or before date and time mentioned in BDS. Bids submitted by telex/telegram/fax/ shall not be considered under any circumstances Validity of Tenders Tenders shall remain valid for a period of not less than three months from the last date for receipt of Tender specified in NIT During the above mentioned period no plea by the tenderer for any sort of modification of the tender based upon or arising out of any alleged misunderstanding of misconceptions or mistake or for any reason will be entertained In exceptional circumstances, prior to expiry of the original time limit, the Tender Inviting Officer may request the bidders to extend the period of validity for a specified additional period. Such request to the Tenderers shall be made in writing. A Tenderer may refuse the request without forfeiting his E.M.D. A Tenderer agreeing to the request will not be permitted to modify his Tender, but will be required to extend the validity of his E.M.D. for a period of the extension Earnest Money Deposit The Tenderer shall furnish, Earnest Money Deposit as specified in NIT. The tenderer shall deposit an EMD deposit for an amount of Rs. 20,000/- (Rupees Twenty thousand only) in the form of Demand draft drawn on any scheduled bank in favor of the Executive Officer, TTD and payable at Tirupati which will be returned after the expiry of the contract Demand Drafts furnished towards EMD for BIDDING the tender shall be valid for a period of six months from the date of tender notice Successful Tenderer shall pay total EMD of 2.5% of the value of the tender in the form of Demand Draft drawn on any scheduled 9

10 bank in favour of the Executive Officer, TTD which may include the EMD already paid during the bid submission The Earnest Money Deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the tender EMD will be forfeited, in the case of a successful tenderer, if he fails to sign the Agreement for whatever the reason or withdrawing his tender at his instance within the said validity period of three months PERFORMANCE GUARANTEE IN THE FORM OF SECURITY DEPOSIT Successful Tenderer shall provide an unconditional Bank Guarantee of 7.5% of the value of the tender within 4 weeks from the date of Purchase Order from TTD from any scheduled bank valid for 30 days after the completion of contract period and shall execute an agreement for faithful and satisfactory performance of contract. The TTD will supply the specimen of the agreement. The Bank Guarantee will be returned only after successful completion of contract If the Successful Tenderer fails to lodge the Bank Guarantee within the period of 4 weeks from the date of issue of PO, such failure will constitute a breach of terms and conditions of the tender and the Earnest Money deposited by him will be withheld in addition to recovery of any loss sustained by the Institute Bank Guarantee will be forfeited for any non-performance of the equipment or default during warranty period LAST DATE / TIME FOR SUBMISSION OF THE TENDERS Tenderers must submit the tender not later than the date and time specified in NIT. The EDP Manager, TTD, may extend the dates for issue and receipt of Tenders by issuing an amendment in which case all rights and obligations of the EDP Manager, TTD and the Tenderers will remain same. 10

11 4.7 TENDER OPENING AND EVALUATION Tender opening The tender opening authority or his nominee / committee shall open the bids online on the stipulated date and time of opening specified in NIT Tenders which are not in accordance with the specifications mentioned shall be rejected Technical bid: On the due date and time of opening of Bids, The tender opening authority or his nominee / committee shall open technical bid of all the received bids in the presence of Authorised Representatives of the Bidders Price bid: The tender opening authority or his nominee / committee will open financial/price bid of those who were qualified in technical evaluation only will be opened. The date, time and place for opening of financial/price bid will be communicated to the qualified Bidders. Only Authorized Representatives of qualified Bidders will be allowed to attend the opening of financial/price bid. The decision of the Purchaser shall be final and binding in this regard Tenders shall be scrutinized in accordance with the conditions stipulated in the Tender document. In case of any discrepancy of nonadherence Conditions the Tender accepting authority shall communicate the same which will be binding both on the tender Opening authority and the Tenderer. In case of any ambiguity, the decision taken by the Tender Accepting Authority on tenders shall be final Tender Evaluation and Comparison of Price Bids Technical Evaluation: Technical evaluation of bids shall be done based on the information furnished by the bidder Initial Evaluation will be done with prequalification criteria i.e. eligibility criteria. If the bidder fulfill the all eligibility criteria and then only financial bids will be opened Financial/Price bid Evaluation Criteria The EDP Manager/Committee will evaluate and compare the financial/price bids of all the qualified Tenderers The bidder shall quote the price for every item in the price bid. If the bidder leaves any item without quoting the price may lead to disqualification of the tender If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the unit price with quantity, the unit price shall prevail and the total price shall be corrected. If the Bidder does not accept the correction of errors, its bid will be rejected. 11

12 If there is any discrepancy between words and figures, the amount in words will prevail In case any of the information is found to be incorrect / false, the bid shall be considered as non-responsive TTD may contact and verify bidder's information, references and data submitted in the bid without further reference to bidders The L1 bidder will be finalized based on the overall L1 price of the tender TTD reserves the right to use and interpret the bids as it may, in its discretion considers appropriate, when selecting bidders for granting the letter of intent/ notification award of contract TTD may seek clarification in writing from bidder by mail. Bidder shall promptly reply by mail within the time limit specified in the clarification letter from TTD Tender Process to be confidential Information relating to the examination, clarification, evaluation and comparison of Tenders and recommendations for the award of a contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced by the tender accepting authority. Any effort by a Tenderer to influence the processing of Tenders or award decisions may result in the rejection of his Tender No Tenderer shall contact the EDP Manager or any authority concerned with finalization of tenders on any matter relating to its Tender from the time of the Tender opening to the time the Contract is awarded. If the Tenderer wishes to bring additional information to the notice of the EDP Manager, it should do so in writing Tenders will be finalized by the HOD, EDP Dept. / Executive Officer / TTD Board according to the powers vested with them Before recommending/accepting the tender, the tender recommending/accepting authority shall verify the correctness of certificates submitted to meet the eligibility criteria and specifically experience. The authenticated agreements of previous works executed by the lowest tenderer shall be called for. 4.8 AWARD OF CONTRACT Award Criteria The EDP Manager, TTD will award or recommend to the competent tender accepting authority for award of the contract to the Tenderer who is found technically qualified and L1 in the evaluation of Tenderers The tender accepting authority reserves the right to accept or reject any Tender or all tenders and to cancel the Tendering process, at any 12

13 time prior to the award of Contract, without thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer or Tenderers of the reasons for such action Notification of Award and Signing of Agreement The Tenderer whose Tender has been accepted will be notified of the award of the work by the EDP Manager, TTD, prior to expiration of the Tender validity period by registered letter. This letter (hereinafter and in the Conditions of Contract called Letter of Acceptance ) will indicate the sum that the T.T.Devasthanams will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the Contract Amount ) When a tender is to be accepted the concerned tenderer shall attend the office of the EDP Manager, TTD concerned on the date fixed in the Letter of acceptance. Upon intimation being given by the EDP Manager, TTD, of acceptance of his tender, the tenderers shall make payment of the balance E.M.D., and additional security deposit wherever needed by way of Demand Draft or unconditional and irrevocable Bank Guarantee obtained from a Nationalized / Scheduled Bank with a validity period of months, and sign an agreement in the form prescribed by the department for the due fulfillment of the contract. Failure to attend the EDP Manager, TTD office on the date fixed, in the written intimation, to enter into the required agreement shall entail forfeiture of the Earnest Money deposited The written agreement to be entered into between the contractor and the T.T.Devasthanams shall be the foundation of the rights and obligations of both the parties and the contract shall not be deemed to be complete until the agreement has first been signed by the contractor and then by the proper officer authorized to enter into contract on behalf of the T.T.Devasthanams The successful tenderer should execute an agreement on non-judicial stamp paper being purchased by the tenderer as per prevailing rates under the stamp act. If the successful tenderer fails to execute the agreement within the time specified or withdraw the tender after the intimation of the acceptance of his tender by TTD or he is unable to undertake the contract due to any other reason, his contract will be cancelled and his E.M.D. shall be forfeited and he will also be liable for all damages sustained by the TTD. 13

14 4.9 ARBITRATION The TTD and the contractor shall make every effort to resolve amicably by direct in formal negotiation and disagreement or dispute arising between them under or in connection with the contract In case of a dispute / difference arising between the TTD and the contractor relating to any matter arising out of or connected with this contract, such dispute or difference shall be referred to the venue of arbitration at place from where the contract is signed i.e. jurisdiction of Tirupathi courts only TTD S RIGHT. NOTICE:-Any notice by one party to the other pursuant to the contract shall be sent in writing or by telegram or telex / fax and confirmed in writing to the address specified for the purpose in the contract. A notice shall be effective when delivered or on the notice s effective date, whichever is late TTD will have the right to increase or decrease the quantity of goods specified in the Price bid without any change in the unit price or other terms and conditions at the time of award of contract In the case of failure by the firm to perform qualitative and effective work, the concerned officer or any other officer authorized by him shall have the powers to reject such service and to utilize the service from any other firm and excess of cost so incurred by the concerned officer, TTD, over the contract price together with all charges and expenses attached to the work shall be recoverable by the concerned officer, TTD., from the contractor s EMD s/security deposits available with TTD. 5.0 COMMERCIAL CONDITIONS OF CONTRACT 5.1 DEDUCTIONS Payments shall be subject to deductions of any amount for which the contractor is liable under the agreement against this contract In case of over payments or wrong payment if any made to the contractor due to wrong interpretation of the provisions of the contract, or Contract conditions etc., such un authorized payment will be deducted in the subsequent bills or final bill for the work or from the bills under any other contracts with the T.T.Devasthanams / Government or at any time thereafter from the deposits available with the T.T. Devasthanams Any recovery or recoveries advised by the Government Department either state or central, due to non-fulfillment of any contract entered into with them by the contractor shall be recovered from any bill or deposits of the contractor The Tenderer should quote most competitive rate as there will be no negotiations. The quoted rate is final and once accepted. No 14

15 enhancement of price will be allowed. Tenderer shall not withdraw from the contract TTD is not authorized to issue Form C or D No Tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer in the tender form. Withdrawal of a tender during this interval may result in the Tenderer s forfeiture of its EMD Tirumala Tirupati Devasthanams, Tirupati does not bind itself to accept the lowest offer or tender for any specific item or all items and reserves to itself the right to accept or reject any tender or all tenders without assigning any reason thereof Bidder shall be entirely responsible for all taxes, duties, license fees, etc, incurred until delivery of the Contracted Goods & services to the TTD. No tax or duty will be payable by the TTD. 5.2 TERMINATION FOR DEFAULT : The TTD may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the tenderer, terminate his contract in whole or in part if : The contractor / vendor fails to perform any other obligation(s) under contract The contractor / vendor does not remedy his failure within a guarantee period after receipt of the default notice from TTD TTD reserves the right to charge penalty as decided by the Executive Officer or withhold payment for any unsatisfactory quality in work by the agency without prejudice to its other rights. In this regard, the decision of the Executive Officer is final. The agency is further liable to reimburse/compensate the TTD or third party for any loss, damage etc., caused or arisen out of the negligence, or breach of contract If the Tenderer, in the opinion of TTD, fails or neglects to be complied with any of the terms and conditions of the contract or with any orders issued, then in such a case, the TTD shall without prejudice to any other right or remedies under this contract has a right and be entitled to cancel the contract by giving a notice in writing to the contractor without being liable to pay any compensation for such cancellation. 5.3 BREACH OF AGREEMENT CONDITIONS In the event of any breach of agreement at any time by the contractor, the Contract will be terminated by the concerned officer TTD., Tirupati without any compensation to the contractor. The 15

16 contract may also be put to an end at any time by the officer concerned, TTD, Tirupati on giving (7) seven days notice to the contractor. Further any dispute arising will be subjected to the jurisdiction of Tirupati only For breach of any of the Tender conditions, the Security deposits are liable to be forfeited duly blacklisting the firm. Further, nonperformance of any of the contract provision to the satisfaction of TTD will disqualify the tenderer to participate in the tender for the next three years The contract or any part, shares or interest of the contract is not to be transferred or assigned by the contractor directly or indirectly to any person whomsoever. 6.0 SPECIAL CONDITIONS FOR TDS AND VAT/CST 6.1 During the currency of the contract deduction of Income tax at 2.00% will be applicable &VAT/CST is payable by the vendor himself as in force and the rates of various items shall remain unaffected by any change in the rate of sales tax that may be announced from time to time by the Government. The rate at which such tax is payable will be deducted from the running bills of the manufacturer /Vendor as per the instructions issued by the Government from time to time. 6.2 VAT/CST is payable by the vendor himself as in force and the rates of various items shall remain unaffected by any change in the rate of sales tax that may be announced from time to time by the Government. The rate at which such tax is payable will be deducted from the running bills of the manufacturer /Vendor as per the instructions issued by the Government from time to time. 6.3 The rate quoted is inclusive of VAT/CST payable no claim for VAT/CST payable will be admitted at a later stage and on any ground whatever, irrespective of the supplier mentioning and recording anything contrary to the above in the tender. After the implementation of VAT and even after any changes contemplated in the tax structure and the rate of taxes to be levied by the state Government the rates quoted to TTD should be constant and it should be applicable to all supply orders placed by TTD.VAT is payable by the vendor himself as in force and the rates of various items shall remain unaffected by any change in the tax that may be announced from time to time by the Government. 7.0 FORCE MAJEURE: If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil 16

17 commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contractor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive. 8.0 INDEMNIFICATION: Each Party agrees to indemnify the Aggrieved Party, their directors, employees, agents and contractors against any third party claim arising out of or in relation to infringement of any third party s copyright, trade secret, patent, trade mark or any other propriety rights, provided that the Aggrieved Party promptly notifies the other Party of the claim and tenders the other Party the full control to respond / process and/or settle the claim. 9.0 CONFIDENTIALITY:Both the Parties agree that neither party would disclose to third parties any confidential information which is provided before, during and after the execution of this agreement. Confidential information which includes, prices, quotations, negotiated issues made before the execution of the agreement, server configuration, design and other related information and information relating to the contents to be transmitted to and from the servers of TTD or service provider and is or conspicuously marked as confidential shall be termed as Confidential. 9.1 Each Party agrees not to disclose any of the confidential information obtained from the other under any circumstances to any third party unless it is so required by law to be disclosed. Any disclosure to be made by the Service provider as per the requirements of law shall be so disclosed on providing advance notice to TTD with the reasons for such disclosures. 9.2 TTD reserves the right to disclose the information of the Service provider in situations where it reasonably believes that the service provider is provided in such a manner which is contrary to the law for time being in force. If in such situations TTD shall have no option by law but to disclose such information as required by law giving no prior notice to the service provider, it is entitled to do so INTELLECTUAL PROPERTY RIGHTS:TTD reserves the rights of Intellectual Property against the provisioned infrastructure for TTD during the service / agreement period. Infrastructure provisioned for TTD shall be exclusive and shall not be utilized/ shared for any other purpose other than TTD. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property and any hardware provided by such Party in relation to this Agreement 17

18 11.0 SCOPE OF WORK: PMC shall execute the project in a time bound manner and hand over the Datacenter and related other works complete in all respect certified by TTD within the time limit of 4 months, activities starting from the 10thday of signing agreement with PMC and all other contractors. PMC shall ensue that no time and cost overrun occurs during project execution. However, tendering and selection of contractor is scope of TTD. PMC shall provide Data Centre Construction Management Services from the start of construction up to commissioning and handing over of the project to the TTD for use. It shall also be the responsibility of the PMC to liaise and coordinate with various agencies for smooth execution of the project. Responsibilities of Project Management Consultant for construction stage Assemble multi-disciplinary construction management team and have detailed interaction with the Technical consultant and the contractor s Project Team on behalf of the TTD to initiate all preliminary actions and mobilization. Prepare detailed coordinated construction schedule. To ensure that the construction drawings are finalized after coordination with other disciplines and all agencies to have clear demarcated responsibility. Check and finalise contractor s detailed programme of activities commensurate with the Tender provisions. Check and approve all contractors, sub-contractors and agencies for carrying out the works. Day-to-day supervision of work to ensure proper quality, workmanship and timely completion of the work by employing adequate number & level of engineers & supervisory staffs as per best practices Checking all construction drawings like, SLD, GA for Electricals, 3D drawings for Fire suppression pipe routing, PAC drawings and all associated activities drawings and all other architectural / Structural details during construction. Conduct site meetings &coordination meetings with all agencies for timely completion of the project. Carryout quality assurances checks & adhere to maintain quality reports. Provide effective coordination between various agencies working at the site and the consultant / TTD to ensure timely availability of the inputs required 18

19 for un-interrupted construction of data center all in accordance with agreed programme of the activities. Fully responsible for getting the project work executed as per drawings & specifications and should also ensure completion of job, quality expectations, within sanctioned cost outlay of the project. Rendering timely advice for implementing special measures for effecting cost/quality/time benefit for the project. Interact & Liaise with TTD to provide quick clarifications to designs or details that have been provided vide drawings or immediate solutions to the clarifications sought by the Vendors/Contractors. Check and inspect testing of materials and work as required. If so required, testing and checking of manufactured items have to be carried out at the manufacturer s Factory as per provision in the Contract. Drawing up and putting in place a Quality Assurance Plan as well as a Safety Assurance Plan along with an appropriate and efficient mechanism to ensure their effective implementation at site. Provide contract administration services of all Contract Agreements and devising a suitable dispute-resolution mechanism to facilitate a quick and amicable settlement of disputes, if any DURATION OF THE CONTRACT This Contract comes into effect from the date of agreement / date of receipt of work order as specified for a period in the tender PAYMENT: The Payment shall be made after making necessary deductions of applicable taxes and payment schedule shall be as follows. The payment shall be done on the basis of location and work completed at each location. S.No Milestone Amount % 1 On submission of concurred designs and drawings of all the 25 Data Center related works required for execution 2 Upon successful integration and trail run of Data Center 50 3 DC handover to operations team along with work completion and certification of built drawings from all contractors The standard payment terms of TTD are applicable and all statutory deductions applicable shall be deducted from the payment The payments are made by TTD through Cheque / Online payments TTD shall make payment on the basis of running Bills submitted by the Contractor from time to time upon the receipt of claim towards the supplied item/executed work. 19

20 13.4 Payments will be effected upon recommendations of the committee constituted by TTD ANNEXURE ANNEXURE I: CHECKLIST TO ACOMPANY THE TENDER (QUALIFICATION INFORMATION) S.No Description 1 The bidder should be a Company/firm registered under the Indian Companies Act, 1956 since last five years as on date of tender. Relevant certificates shall be provided. Remarks 2 The bidder should have a turnover of at least Rs.3.00 Crores in any one of the financial years i.e., to Audited Balance Sheet & profit and loss account should be submitted for the said same financial year in support of the same. 3 The bidder should have experience of setting up of minimum two (02) number of Facility build/design/consultancy projects (Tier 2 or above Data Center) each with value of more than lakhs during last five years reckoned from the date of NIT. At least one such project should have been successfully executed for any Indian Govt. office / PSU / autonomous Govt. body. 4 EMD in the form of Demand Draft in favour of Executive Officer, T.T.D, Payable at Tirupati for Rs.20,000/-. 5 The firm has to submit a letter duly stating that they have not been black-listed in the past by an institution/ organization on non-judicial stamp paper being purchased by the tenderer as per prevailing rates under the stamp act. 6 The tenderer shall furnish copy of Permanent Account Number (PAN) card. 7 The bidder must have and submit the attested Xerox copy of CST/VAT registration certificate. 8 Cost of Tender document in the form DD in favour of Executive Officer, TTD for Rs.2,000/-. 20

21 15.0 SCHEDULE A (PRICE BID) NIT No Name of work Period for completion :: 09/EDPM/TTD/Tpt/ :: Appointment Of Consultancy For Establishment Of Global Data Center For TTD :: 3 months Name of the Bidder / Firm :: C.S.T. / VAT No. :: SL.NO. Item Description Qty Amount (Inclusive of all taxes) Amount in words 1 Project Management Consultancy (PMC) Services to act as an engineer on behalf of TTD for monitoring and supervising the technicalities and co-ordination with multiple agencies for smooth and successful execution of TTD Global Data centre construction works. Lump sum (Total cost to be quoted both in figures & in words). In each of the above cases, price to be quoted inclusive of all applicable Taxes.

22 Note: 1. If there is a discrepancy between the unit price and total price THE UNIT PRICE shall prevail. 2. The cost of items in price bid may be quoted along with all taxes applicable. 3. For the sake of uniform comparison bidder should not add any condition and such of those tenders, which stipulate any condition, will summarily be rejected. 4. The quantities mentioned in Price bid is Tentative. Place :: Date :: E.M.D. amount of Rs. 20,000/- D.D.No. dt... Signature of the bidder with full address Phone No. : Fax No. : (To be signed by an authorized signatory with full address of the bidder) Bidder

23 DECLARATION Name of the Bidder : Address of the Bidder : (To be filled in by the Bidder) I/ We hereby agree to abide all the terms and conditions of the contract. I/ We do hereby agree that I / We shall keep my / Our offer open for a period of Sixty days from the date of opening of the tender for the extended period as desired by TTD in addition to the period of Sixty days mentioned above in the event of my / our offer being accepted. I / We shall abide by and give my / our acceptance to the above terms and conditions (Sl.No.1 to 15) which are this supply contract governing and shall execute an agreement in the prescribed form, in the event of my / our offer being accepted by TTD. Yours faithfully, Signature of the bidder with full address (To be signed by an authorized signatory with full address of the bidder) Bidder