TENDER DOCUMENT. Tender for Selection of Architectural Consultancy firm for Renovation of Data Centre & Electrical Room Building at STPI Noida

Transcription

1 SOFTWARE TECHNOLOGY PARKS OF INDIA Department of Electronics & Information Technology, Ministry of Communications & Information Technology, Govt. of India Ganga Software Technology Complex, Sector-29, Noida Phone: ; Fax: Website: TENDER DOCUMENT (Tender No STPI/PUR/QUO/15-16/12 Dated 06/11/2015) Tender for Selection of Architectural Consultancy firm for Renovation of Data Centre & Electrical Room Building at STPI Noida 1. Mode of Tendering: Two-Bid System as follows: a) Technical Bid b) Financial Bid 2. Tender Fee:Rs.1,000/- (Rupees one thousand only) in the form of DD or Banker s cheque from any Nationalized Bank in an acceptable Form in favor of STPI NOIDA payable at Noida (non-refundable). 3. EMD/Bid Security: Rs. 20,000/-(Rupees Twenty Thousand Only)in the form of DD or Banker s cheque from any Nationalized Bank in an acceptable Form in favour of STPI NOIDA payable at Noida. 4. Date & Time of Publishing of Tender : 06/11/2015; 12:00 HRS 5. Date, Time & Venue of Pre-Bid Meeting & site verification : 18/11/2015; 11:00 HRS 6. Last Date & Time for Submission of Bid : 26/11/2015; 15:00 HRS 7. Date & Time for Opening of Technical Bid :26/11/2015; 15:30 HRS 8. Date & Time for Technical PPT : Shall be conveyed separately. 9. Date & Time for opening of Financial Bid : Shall be conveyed separately. 10. Validity of Bid :90 days from the specified date Of closing of bid Page 1 of 28

2 CONTENTS OF TENDER Sl.No. Content Page No. 1. Notice Inviting Tender 3 2. Objective 4 3. Instructions to Bidders 4 4. Eligibility Criteria 5 5. Scope of work Payment Terms and Milestones 7 7. General Terms & Conditions Checklist for Pre-Qualification Criteria for Bidders Annexure B Format of Price Bid 28 Page 2 of 28

3 SOFTWARE TECHNOLOGY PARKS OF INDIA Department of Electronics & Information Technology, Ministry of Communications & Information Technology, Govt. of India Ganga Software Technology Complex, Sector-29, Noida Phone: ; Fax: Website: NOTICE INVITING TENDER Director, Software Technology Parks of India, Noida, invites tender for Tender for Selection of Architectural Consultancy firm for Renovation of Data Centre &Electrical Room Building at Ganga Software Technology Complex, Sector -29, Noida, U.P. The tender document is available on & from 06/11/2015. Tender has to be submitted latest by 15:00 Hrs.,26 th November, Director STPI NOIDA Page 3 of 28

4 OBJECTIVE Tender Ref. No. STPI/PUR/QUO/15-16/12 dated 06/11/2015 The objective is to elaborate the STPI Noida s requirement to refurbish the Data centre and Electrical room which includes data/electrical infrastructure with state of art technology by converting/modifying existing server room and electrical room area respectively located at Ground Floor, STPI Building, Sector 29, Noida, UP. Detailing out the essential requirements of Civil, electrical, safety security etc. so as to fulfil the overall objective of the work. The scope of work includes conversion / modification of existing server room and electrical room to suit data centre/electrical room requirements and shall include the design, supply, local delivery, cabling, installation/ erection, testing & commissioning, system integration, local authority approval (if any), documentation etc. for all related areas of Civil, Electrical, mechanical, and miscellaneous works required for the completion and satisfactory functioning of Data centre/ electrical room. The work shall include 1. Design, supply & installation necessary for the above mentioned objective. Seam less integration and the other services of supplied systems with the existing server room area. 2. Dismantling, removal, shifting and disposal of existing facility/ installation as identified by owner and site preparation for the data centre works. 3. Electrical works including Installation of PAC/ air conditioners, UPS, cables & illumination system etc. 4. Mechanical works include installation of Fire detection & Suppression system etc. 5. Civil works to create state of the art data centre/ electrical room viz. Laying of PVC antistatic flooring & closure of existing windows by gypsum board etc. INSTRUCTIONS TO BIDDERS 1. The present request is being invited for selection of consultancy firm for renovation of Data Centre and Electrical Room building at STPI, Ganga Software Technology Complex, Sector -29, Noida. 2. STPI Profile may be browsed on 3. The bidder can download tender document from and 4. The entire project estimated cost is Rs.1.6 crores. 5. Built up Space: The proposed Data Centre & Electrical room with built up area ofapprox.600sq. ft.&800 sq. ft. respectively to be renovated for the mentioned purpose. 6. Before quoting the prices for said work, it is advice to visit & check the actual site of installation i.e. STPI, Ganga Software Technology Complex, Sector-29, Noida Page 4 of 28

5 BIDDERS ELIGIBILITY CRITERIA The Bidder must meet all of the following eligibility requirements:- 1. The bidder should be an Indian registered company/ Agency engaged in the job of sitepreparation for Network Operation Centres / Data Warehouse Centres activities for minimum of 3 years as on date of RFP publication. Documentary evidence for this should be submitted along with the technical bid document. 2. The bidder must have at least 3 years relevant experience in providing Network Operation Centers/ Data Warehouse Centers Infrastructure and Electrical rooms designing work to large / reputed organization in Public / Private Sector/ IT industry. 3. The bidder must have completed:- At least 3 (three) projects of similar work i.e. Network Operation Centers/ Data Warehouse Centers Infrastructure/ Electrical roomswork as per the broad scope of work given below with each costing not less than Rs Lac or, Two projects of similar nature as per the broad scope of work each costing not less than Rs lac or, One project of similar nature as per the broad scope of workcosting Rs. 1.6 Crore in "Network Operation Centers/Data Warehouse Centers Infrastructure/Electrical rooms in the last 3 years for Govt./Semi Govt./Corporate/Institution. 4. The bidder should have average Annual turnover of at least Rs.15 lakhs during last three consecutive years.the self-attested audited balance sheet of the agency / consultant for the last three financial years , & must be submitted along with the bid. 5. The bidders should be registered with Service Tax Authorities/TIN (if applicable) and submit proof of the same. 6. Bidders to submit a self-declaration or an affidavit attested from a Notary by an authorized signatory of the bidding company certifying that the company has never been banned or blacklisted by the Central / State Govt. and Central / State PSUs to do business with Government departments. 7. All the above Eligibility Criteria must necessarily be supported by relevant documentation such as purchase order copies, annual reports, project sign-off document, customer reference list along with contact details etc. along with the Pre-Qualification bid. The Bidder should supply and support directly. No part of the deliverables can be sub-contracted to a third party. SCOPE OF WORK The Scope of work includes the following: Page 5 of 28

6 1. Providing Consultancy to STPI Noida for refurbishing of Data Center and Electrical room that will include network/ electrical infrastructure and preparing & evaluating various tenders viz. hiring of contractor, various purchase of Capital Goods like Precision Air Condition, Air Condition, UPS and Security Appliances etc. 2. Complete Design of the Data Center and Electrical room located at STPI Noida. 3. Provide detailed specifications for different works & items wherever required. 4. Take approval from any govt. department/local authorities if necessary. 5. Post completion & supervision/consultancy for six months. 6. Prepare conceptual designs with reference to STPI Noida s requirements and prepare rough cost estimate on the plinth area basis. 7. Preparation of Design brief as per STPI Noida s requirements/instructions. 8. Preparation of preliminary drawings as per the requirements and to the satisfaction of STPI Noida. 9. Preparation of detailed drawings and submission to STPI Noida. 10. All design/drawings etc. submitted by the firm are subject to the approval by STPI Noida. 11. Detailed design/drawing for development of the project. 12. Interior Design & drawings wherever required. 13. Prepare and issue working drawings and details for proper execution of work 14. Structural Designs, if so desired. 15. Supervision, evaluation and inspection of the entire work to be executed by the contractors. Visit the site of work at regular intervals (at least twice a week) and where necessary clarify, offer interpretation of the drawings/ specifications, attend conferences and meetings to ensure that the project proceeds generally in accordance to design and render advice on actions, if required. 16. Certification of work having been completed as per the design/drawings before handing over the same to STPI, Noida. 17. Prepare and submit completion reports and drawings for the project as required and obtain NOC/Completion/Occupancy Certificate from statutory authorities, wherever required. 18. Issue two sets of as built drawings including services and structures. 19. NUMBER OF DRAWINGS SETS: -All the estimates, bills of quantities with detailed measurements, detailed designs with calculation reports and any other details envisages under this agreement shall be supplied in triplicate and all drawings would be supplied by the Consultant as required to submission to all the local bodies and other authorities (if applicable) plus sets required by the STPI, Noida itself, being not less than six sets of prints and one reproducible in A-I or large size. If there is any revision of any details in any drawing for any reason the some number of drawings shall be reissued without any extra charges. Page 6 of 28

7 20. The Consultant shall re-design at his cost any portion, of his engineering and design work, which due to his failure to use a reasonable degree of design skill shall be found defective within two years from the date of start of regular use of the portion of the work affected. An undertaking to that effect will have to be given by the Consultant. 21. Electronic form (soft copy) of all design/drawings/documentation shall be provided by the Architectural Consultancy firm. PAYMENT TERMS AND MILESTONES:- 1. a) STPI Noida shall pay the contractor / agency his billable amount for the above services as per following schedule:- S. Particulars Payment in % Milestone No. 1. Design along with specifications 10% 10 Days from receipt of PBG 2. Various RFPs preparation and 10% due 10 Days acceptance by STPI-Noida 3. Bid management (i.e. upto issue of PO 10% + 10% due 45 days / WO to vendors) above 4. On completion of Civil & electrical 35% 70 days work 5. Handing over of work to STPI-Noida 25% 15 days i.e. completion of all works (including shifting of NOC) 6. On completion of further six months as post completion supervision/consultation 10% Six months b) Service Provider shall raise an invoice which (on verification) will be paid within 30 days of receipt of the bill subject to above payment terms, deduction of TDS etc. c) Service Tax as applicable will be charged separately on consolidated amount. GENERAL TERMS & CONDITIONS:- 1. The bid should be submitted in Sealed Cover duly filled with all supporting documents & annexure. 2. Bid validity should be 90 days from the specified date of closing. 3. The completely filled bid document, duly sealed (Wax/Tape only) should be addressed to The Director, Software Technology Parks of India, Ganga Software Technology Complex, Sector-29, Noida (UP) and should reach on or before 15:00 HRS on 26/11/2015 in tender box kept at main security reception duly super scribed on the top of Page 7 of 28

8 envelope as Tender for Selection of Architectural Consultancy Firm for Renovation of Datacentre&Electrical Room building at STPI Noida. STPI will not be responsible for postal or any other delays. Bids received in an envelope that is damaged/ torn will be summarily rejected. 4. Performance Bank Guarantee: The successful bidder shall be required to furnish a Performance Security within 7 days of receipt of Letter of Offer for an amount equivalent to 10% (Ten Percent) of the bid amount in the form of a Bank Guarantee from any nationalized bank in an acceptable form (Annexure C) in favour of STPI NOIDA. Performance Guarantee shall be refunded / released to the Consultant without any interest after successful completion of the project and the same will be valid for the period of the project. 5. The Bidder, to qualify for the award of contract, shall submit a written power of attorney authorizing the signatories of the bid to participate in the bid should be referred in general guidelines. 6. The Director, STPI Noida reserves the right of accepting the whole or any part of the bid and the bidders shall be bound to perform the same at the rate quoted. 7. Canvassing or offer of an advantage or any other inducement by any person with a view to influencing acceptance of a bid will be an offence under Laws of India. Such action will result in the rejection of bid, in addition to other punitive measures. 8. Bid should be submitted with forwarding on letter head of Bidder. 9. This notice inviting Bid shall form a part of the contract document. The successful bidders/consultant, on acceptance of his bid by the Accepting Authority shall within 15 days from the stipulated date of start of the work, sign the contract consisting of:- a. The Notice Inviting Bid, all the documents including additional conditions, specifications and drawings, if any, forming part of the bid as uploaded at the time of invitation of bid and the rates quoted online at the time of submission of bid and acceptance thereof together with any correspondence leading thereto. b. The relative position of the qualified bidders for award of contract shall be determined on basis of quoted Service Charges (in %age). c. In case more than one agency is reckoned as L-1 based on the service charges quoted. The bids will be evaluated with due weighted for parameters like turnover in last 3 years. 10. The final bill shall be submitted by Architectural Consultant. Final bill of whole work shall be finalized and paid by the STPI, Noida on satisfactory completion of work. 11. Information s and instructions for bidders posted on website shall form part of bid document. 12. One bid per bidder: Each bidder shall submit only one tender either by himself. If a bidder participate in more than one bid, the bids are liable to be rejected. 13. Cost of bid:the bidder shall bear all costs associated with the preparation and submission of his bid and STPI-Noida will, in no case, shall be responsible or liable for those costs Page 8 of 28

9 including surveyor hiring charges (if any), regardless of the conduct or outcome of the tender process. 14. Visit to site: The applicant is advised to visit the site of work, STPI, Ganga Software Technology Complex, Sector -29, Noida at his own cost, and examine it and its surroundings to himself collect all information that he considers necessary for proper assessment of the prospective assignment. 15. Tender document: The bidder is expected to examine all instructions, Forms, Terms and Conditions in the Tender document. Failure to furnish all information required by the Tender document or submission of a tender not substantially responsive to the Tender document in every respect will be at the bidder s risk and may result in rejection of his bid. 16. The bidder shall not make or cause to be made any alteration, erasure or obliteration to the text of the Tender document. 17. Clarification of tender document:the bidder shall check the pages of all documents.in the event of discovery of any discrepancy or missing pages, the bidder shall inform the Office of Purchase Division at STPI-Noida. 18. In case, the bidder has any doubt about the meaning of anything contained in the Tender document, he shall seek clarification on or before specified date of Pre-Bid meeting which will held on 18/11/2015, 11:00HRS. Any such clarification, together with all details on which clarification had been sought, will also be published on website. 19. Except for any written clarification by the STPI-Noida, which is expressly stated to be an addendum to the tender document issued by the STPI-Noida, no written or oral communication, presentation or explanation by any other employee of STPI-Noida shall be taken to bind or fetter STPI-Noida under the contract. 20. PREPARATION OF BIDS: a. Language: -Bids and all accompanying document shall be in English or in Hindi. In case any accompanying documents are in other languages, it shall be accompanied by a certified English translated document. The English version shall prevail in matters of interpretation. b. Bid Price: -Bidder shall quote the rates in Indian Rupees for the entire contract on a single responsibility basis such that the Tender price covers Architectural Consultant s all obligations mentioned in or to be reasonably inferred from the Tender document in respect of the Tender for Selection of Architectural Consultancy Firm for Renovation of Data-Centre& Electrical Room Building at STPI Noida. 21. The offers of those prospective bidders which do not meet the statutory requirements are liable to be rejected. 22. Conditional bids/offers will be summarily rejected. 23. Form of Bid:-Bids in Two-Bid system viz. Technical Bid & Financial Bid should be submitted. The Forms of Bid shall be completed in all respects. 24. Currencies of Bid and Payment: -The Bidder shall submit his price bid/offer in Indian Rupees and payment under this contract will be made in Indian Rupees. Page 9 of 28

10 25. EMD/Bid Security: - The Architectural Consultant shall deposit interest free Bid Security (Earnest Money Deposit) for an amount of Rs. 20,000/-(Rupees Twenty Thousand Only) in the form of an Account Payee DD or Banker s cheque from any nationalized bank in an acceptable form in favor of STPI NOIDA payable at Noida along with the Bid Document in original. Any Tender not accompanied by Bid Security shall be rejected. a. The Bid Security will remain valid for a period of ninety days beyond the final bid validity period. Bid securities of the unsuccessful bidders will be returned to them at the earliest after expiry of the final bid validity and latest on or before the 30 th day after the award of the contract. b. Bid security of the successful bidder shall be returned on receipt of Performance Security and after signing the contract agreement. c. Bid Security shall be forfeited if the bidder withdraws his bid during the period of Tender validity. d. Bid Security shall be forfeited if the successful bidder refuses or neglects to execute the Contract or fails to furnish the required Performance Security within the time frame specified by the STPI. 26. SUBMISSION OF BID: 1. The Bid to be submitted in Sealed Two Bid System in Separate Covers as per the following: Cover I(Technical Bid): General Terms & Conditions, Instructions to Bidders and Scope of Services and other conditions Earnest Money Deposit (EMD):Rs. 20,000/- (Rupees Twenty Thousand Only) in the form of Demand Draft in favor of STPI, Noida payable at Noida. Tender Fee: Rs.1,000/- (Rupees one thousand only) in the form of DD or Banker s cheque from any nationalized bank in an acceptable Form in favor of STPI NOIDA payable at Noida (non-refundable). Cover II(Financial Bid): Financial Bid as per Annexure J 27. The Bid (including Cover I&Cover II) shall be submitted to the following address:- The Director Software Technology Parks of India Ganga Software Technology Complex Sec-29, Noida Validity of Bid: The tender shall remain valid and open for acceptance for a period of 90 days from the last date of submission of tender. 29. Late and Delayed Tenders: -Bids must be submitted at STPI-Noida office as specified above not later than the date and time stipulated in the NIT. STPI-Noida may, at its discretion, extend the deadline for submission of bids in which case all rights and obligations of STPI-Noida and the Bidder will be the same. Page 10 of 28

11 30. Right to accept any Bid and to reject any or all Bids:- Tender Ref. No. STPI/PUR/QUO/15-16/12 dated 06/11/2015 a. STPI Noida is not bound to accept the lowest or any bid and may at any time by notice in writing to the bidders terminate the tendering process. b. STPI Noida may terminate the contract if it is found that the Architectural Consultant is black listed on previous occasions by the any of the Departments/Institutions/Local bodies/municipalities/public Sector Undertakings, etc. c. STPI Noida may terminate the contract in the event the successful bidder fails to furnish the Performance Security or fails to execute the agreement. Bids without EMD will be summarily rejected. d. If price is mentioned in the Technical Bid it may lead to rejection of the bid. e. Bids received in an envelope that is damaged/torn will be summarily rejected. f. The bids received after specified date & time will not be considered. g. The bids received through Fax/Telex/Photocopy will not be considered. 31. EVALUATION CRITERIA FOR TECHNICAL AND FINANCIAL POINTS: The details submitted by the applicant will be evaluated for eligibility by Competent Authority or a Committee constituted by him. If required, the works executed by the applicant, who otherwise qualify, may be got inspected by a Committee or any other authority as decided by Competent Authority. The details submitted by the applicants will be generally evaluated in the following manner: STPI Noida will award the contract to the successful evaluated bidder whose bid has been found to be responsive and who is eligible and qualified to perform the contract satisfactorily as per the terms and conditions incorporated in the bidding document. Selection of the successful bidder shall be on the basis of evaluation of both technical as well as financial bids. The initial criteria prescribed in Annexure Fin respect of experience of similar class of works completed and financial turn over etc. will first be scrutinized and the applicant s eligibility for the work shall be determined. The applicants qualifying the initial criteria as set out in Annexure B will be evaluated against following criteria by scoring method on the basis of details furnished by them: (a) Financial strength (Form E ) Maximum 20 marks (b) Experience in similar nature of work during last three Maximum 30 marks years (Form F ) (c) Presentation: - shall be judged on following: Maximum 50 marks i. Design Creativity (15) ii. Planning Issues (10) - Environment Friendly - Connectivity Improvement Page 11 of 28

12 - Efficient Usage of space iii. Engineering Innovation (15) iv. Management Issues Security Aspects(10) To become eligible for short listing the applicant must secure at least fifty percent marks in each and sixty percent marks in aggregate. Even though any applicant may satisfy the above requirements, he would be liable to disqualification if he has: (a) Made misleading or false representation or deliberately suppressed the information in the forms, statements and enclosures required in the eligibility criteria document. (b) Record of poor performance such as abandoning work, not properly completing the contract, or financial failures / weaknesses etc. Approval criteria The employer reserves the right, without being liable for any damages or obligation to inform the applicant to: o Amend the scope and value of contract. o Reject any or all the applications without assigning any reason. Any effort on the part of the applicant or his agent to exercise influence or to pressurize the employer would result in rejection of his application to qualify. Canvassing of any kind is prohibited. FINANCIAL BID: - The bidder shall quote the total consultancy charges after studying the scope of Architectural consultancy. The consultancy charges quoted shall be net. Nothing extra shall be paid on any account. The rate shall be quoted in words and figures for complete job. The interim and final payment will be made as per the terms of payment on submission of bill by Architectural Consultant after deducting the applicable taxes as per prevailing Govt. Rules. The Applicant shall inform the list of key personnel to be engaged for the work. After award, in case the Applicant intends to change any of the key personnel during the operation of contract, he shall obtain prior approval of STPI Noida. The key personnel to be deployed in lieu of personnel to be replaced should be of equal caliber. The decision of the Director, STPI Noida shall be binding on the Agency. 32. AWARD OF CONTRACT: Award Criteria: STPI will award the Contract to the successful Bidder whose bid would be determined to be substantially responsive, technically complied and determined as the best evaluated bid in terms of lowest rates. This notice inviting Bid shall form a part of the contract document. The successful Page 12 of 28

13 bidders/consultant, on acceptance of his bid by the Accepting Authority shall within 15 days from the stipulated date of start of the work, sign the contract consisting of:- a. The Notice Inviting Bid, all the documents including additional conditions, specifications and drawings, if any, forming part of the bid as uploaded at the time of invitation of bid and the rates quoted online at the time of submission of bid and acceptance thereof together with any correspondence leading thereto. The successful bidder shall be required to furnish a Performance Security within 7 days of receipt of Letter of Offer for an amount equivalent to 10% (Ten Percent) of the bid amount in the form of an Bank Guarantee from any nationalized bank in an acceptable form (Annexure C) in favor of STPI NOIDA. The Performance Security shall remain valid for a period of sixty days beyond the date of completion of all contractual obligations. In case the contract period is extended further, the validity of Performance Security shall also be extended by the Architectural Consultant accordingly. Failure of the successful bidder to comply with the requirements of above clauses shall constitute sufficient grounds or the annulment of the award and forfeiture of Bid Security/Performance security. STPI Noida may terminate the contract in the event the successful bidder fails to accept the offer of Award of Contract or furnish the Performance Security or fails to execute the agreement within the stipulated time. In this event, the next successful bidder L2 may be offered the bid at L1 rate after 10 days of failure to respond by L The Architectural Consultant shall have his own Establishment/Setup/Mechanism, etc. at his own cost to ensure correct and satisfactory performance of his liabilities and responsibilities under the contract. 34. NOTICE TO PROCEED means the notice issued by the STPI to the Architectural Consultant communicating the date on which the work/services under the contract are to be commenced. 35. During the course of contract, if any Architectural Consultant s personnel are found to be indulging in any corrupt practices causing any loss of revenue to STPI shall be entitled to terminate the contract forthwith duly forfeiting the Architectural Consultant s Performance Guarantee. 36. The Architectural Consultant shall not engage any such sub Architectural Consultant or transfer the contract to any other person in any manner. 37. The Architectural Consultant shall indemnify and hold STPI harmless from and against all claims, damages, losses and expenses arising out of, or resulting from the works/services under the contract provided by the Architectural Consultant. 38. Liquidation Damages: The consultant shall throughout the stipulated period of contract proceed with his assigned part of the job with due diligence and in the event of the failure of the consultant to complete his part of the job within the time schedule as specified above or subsequently notified to him, then the consultant shall be liable to pay as agreed compensation a sum equivalent to 1.5% of the value of the consultancy fee for every month of delay subject to a maximum of 10% of the value of the consultancy fee as liquidated Page 13 of 28

14 damages for delay. The payment of such damages shall not relieve the consultant from their obligation to complete the work or from any other obligation arising out of the contract. 39. The amount of compensation for delay to be paid, under this condition may be adjusted or set off against any sum payable to the consultant under this or any other contract with STPI NOIDA. In case the consultant does not achieve a particular Milestone mentioned in point no. 1(a)Payment Terms & Milestones (Page no. 7) or the Rescheduled Milestone the amount shown against the Milestone shall be withheld to be adjusted against the compensation levied at Final grant of Extension of time. Withholding of this amount on failure to achieve a Milestone shall be automatic without any notice to the consultant. However if the consultant catches up with progress of work on the subsequent Milestones, the withheld amount shall be released. In case the consultant fails to make up for this delay in subsequent Milestones, amount mentioned against each milestone missed subsequently also shall be withheld. However no interest whatsoever shall be payable on such withheld amount. The decision of Director, STPI, Noida will be final and binding. 40. The STPI may without prejudice to its right against the Consultant in respect of any delay, by notice in writing, absolutely determine the contract in any of the following cases: If the consultant is having been given by the Director, STPI NOIDA a notice in writing to redo any work or the work being performed inefficient or otherwise improper or unwork man like manner shall omit to comply with the requirement of such notice for a period of seven days thereafter. 42. If the consultant has without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence so that in opinion of Director, STPI NOIDA (which shall be final and binding) he will be unable to secure completion of the work by the date of completion and continues to do so after a notice in writing of seven days from the Director, STPI NOIDA. 43. If the consultant persistently neglects to carry out his obligation under the contract or commits default in complying with any of the terms and conditions of the contract and does not remedy or take effective steps to remedy it within seven days after a notice in writing is given to his in that behalf by the Director, STPI NOIDA. 44. If the Consultant being a firm is dissolved, or if it is a Company passes a resolution, or the court shall make any other order that the firm / company shall be wound up, or if a receiver or a Manager on behalf of the Creditors shall be appointed, or if circumstances arise which entitle the court or Creditors to appoint a receiver or a Manager or which entitles the court to make up a winding order. 45. When the Consultant has made himself liable for action under any of the cases aforesaid the Director, STPI NOIDA shall have powers: To determine, or rescind the contract as aforesaid (of which termination notice in writing to the consultant under the hand of the Director, STPI NOIDA shall be conclusive evidence). Upon such determination, the Earnest Money Deposit, Security Deposit already recovered and Performance Guarantee under the contract shall be liable to be forfeited and shall be absolutely at the disposal of the Government. 47. After giving notice to the consultant to measure up the work of the consultant and to take Page 14 of 28

15 such whole, or the balance or part thereof, as shall be unexecuted out of his hands and to give it to another consultant to complete the work. The consultant, whose contract is determined as above, shall not be allowed to participate in the tendering process for the balance work. 48. In the event of above courses being adopted by the Director, STPI NOIDA, the consultant shall have no claim to compensation for any loss sustained by him by reasons of his entered into any engagement or made any advances on account or with a view to the execution of the work or the performance of the contract. And in case action is taken under any of the provision aforesaid, the consultant shall not be entitled to recover or be paid any sum for any work thereof or actually performed under this contract unless and until the Director, STPI NOIDA has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified. 49. In any case in which any of the powers conferred upon the Director, STPI NOIDA above thereof, shall have become exercisable and the same are not exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the consultant and the liability of the consultant for compensation shall remain unaffected. 50. The time allowed for execution of the works or the extended time in accordance with these conditions shall be the essence of the contract. If the consultant commits defaults in commencing the execution of work the Government shall without prejudice to any other right or remedy available under the law, be at liberty to forfeit the Earnest Money and Performance Guarantee absolutely. 51. As soon as possible after the contract is concluded, the consultant shall submit a time and progress chart for each Milestone and get it approved by the STPI. The chart shall be prepared in direct relation to the time stated in the contract documents for completion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by Agreement between the Director, STPI NOIDA and the consultant within the limitation of time imposed in the contract documents, and further to ensure good progress during the execution of work, the consultant in all cases in which the time allowed for any work, exceeds one month (safe for special jobs for which a separate programme has been agreed upon) complete the work as per Milestone given in payment terms. If the works be delayed by: - a. Force majeure, or b. Abnormally bad weather, or c. Serious loss or damage by fire, or d. Civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades employed on the work, or e. Delay on the part of the other Consultants or tradesmen engaged by Director executing work not forming part of the contract, or f. Non-availability of stores, which are the responsibility of the Government to supply or Page 15 of 28

16 g. Non-availability or breakdown of tools and plants to be supplied or supplied by Government h. Or Any other cause which, in the absolute discretion of the Director, STPI NOIDA is beyond the consultant s control. 52. Then upon the happening of any such event causing delay, the consultant shall immediately give notice thereof in writing to the authority but shall nevertheless use constantly his best endeavours to prevent or made good the delay and shall do all that may be reasonably required to the satisfaction of the Director, STPI NOIDA to proceed with the works. Request for re-scheduling of Milestones an extension of time, to be eligible for consideration shall be made by the consultant in writing within 14 days of the happening of the event causing delay on the prescribed form to the authority. The consultant may also, if practicable, indicate in such a request the period for which extension is desired. In any such case the authority may give a fair and reasonable extension of time and reschedule the Milestone for completion of work. Such extension shall be communicated to the consultant by the authority in writing, within 3months of the date of receipt of such request. Non-application by the consultant for extension of time shall not be a bar for giving a fair and reasonable extension by the authority and this shall be binding on the consultant 53. The consultants would be required to work as an integral team with STPI NOIDA and with other consultants or Consultant / Consultants, STPI NOIDA may engage for the project. The consultant would need to work with STPI NOIDA as and when required in the office of STPI NOIDA for better co-ordination. The consultants will be required to submit the design and drawings within the time frame as required by STPI NOIDA. 54. Force Majeure If at any time during the currency of the contract, either party is subject to force majeure, which can be termed as civil disturbance, riots, strikes, tempest, acts of God etc. which may prevent either party to discharge his obligation, the affected party shall promptly notify the other party about the happening of such an event. Neither party shall by reason of such event be entitled to terminate the contract in respect of such performance of their obligations. The obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. The performance of any obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. If the performance of any obligation under the contract is prevented or delayed by reason of the event beyond a period mutually agreed to if any or seven days, whichever is more, either party may at its option terminate the contract. 55. Dispute Resolution: (a) Any dispute and or difference arising out of or relating to this contract will be resolved through joint discussion of the authorities representatives of the concerned parties. However, if the disputes are not resolved by joint discussions, then the matter will be referred for adjudication to a sole Arbitrator appointed by the DIRECTOR, STPI NOIDA. (b) The award of the sole Arbitrator shall be final and binding on all the parties. The arbitration proceeding s shall be governed by Indian Arbitration and Conciliation Act 1996 as amended from time to time. (c) The cost of Arbitration shall be borne by the respective parties in equal proportions. Page 16 of 28

17 During the pendency of the arbitration proceeding and currency of contract, neither party shall be entitled to suspend the work/service to which the dispute relates on account of the arbitration and payment to the Architectural Consultant shall continue to be made in terms of the contract. Arbitration proceedings will be held at Delhi/New Delhi only. 56. Jurisdiction of Court: The courts at Delhi/New Delhi shall have the exclusive jurisdiction to try all disputes, if any, arising out of this agreement between the parties. 1. AMEMDMENT OF BID DOCUMENT: - At any time, prior to the date of submission of Bids, the STPI NOIDA may, for any reason, whether at its own initiative, or in response to clarifications requested by a prospective Bidder during the Pre-bid meeting, modify bid documents by amendments. The amendments will only be published on the websitehttp://eprocure.gov.in/eprocure/app& these amendments shall be binding on all the bidders. In order to give the Bidders a reasonable time to take the amendment into account in preparing their bids, the STPI NOIDA may, at its discretion extend the deadline for the submission of bids suitably, notice regarding which will be posted on website Page 17 of 28

18 EMD FORWARDING LETTER Annexure A To Director, From (Name & Address of the Bidder) Software Technology Parks of India Ganga Software Technology Complex Sector 29, Noida Sub: Earnest Money Deposit/Bid Security for Tender No. dt. Ref.: Tender Document no. for Dear Sir, We, M/s, having read and examined in detail the bid document and amendments for. We M/s hereby submit EMD/Bid Security of Rs. (Rupees only) in the form of Demand Draft / Banker s Cheque. The details are as under: a. Name of Issuing Bank: b. Demand Draft/ Banker s Cheque : c. Amount: d. Dated: We M/s having read and understand the clause no. towardsforfeit of EMD/Bid Security. Yours sincerely, Authorized signatory: Name and title of Signatory: Name of Firm: Postal Address: Page 18 of 28

19 CHECK-LIST FOR PRE-QUALIFICATION CRITERIA Annexure - B Architectural consultancy firm who fulfil the following requirements shall be eligible to apply. Sl. No. Criteria Complian ce (Yes/No) Type of document to be furnished 1. Tender Fee of Rs. 1,000/- Original Demand Draft/Banker s Cheque 2. Bid Security/EMD of Rs. 20,000/- Original Demand Draft/Banker s Cheque along with Annexure A 3. The architectural consultancy firm s architects should be a member of Indian Institute of Architects and/ or Indian Council of Architects. 4. The architectural consultancy firm should have satisfactorily completed Architectural Consultancy of the works as mentioned below during the last three years ending last day of the month Mar., a)the Bidder should be a registered company/firm for last three years Self-attested copy of the certificate of the architect who will be in charge of the project. Self -Attested Relevant proof Self-Attested Relevant proof Page No. b) The bidder must have at least 3 years relevant experience in providing Network Operation Centers/ Data Warehouse Centers Infrastructure and Electrical rooms designing work to large / reputed organization in Public / Private Sector/ IT industry 6. The bidder must have provided consultancy services for the successful execution of three projects each costing not less than Rs.50 Lac or, two projects each costing not less than Rs.80 lac or, one project costing Rs. 1.6 Crore in " Network Operation Centers/ Data Warehouse Centers Infrastructure /Electrical rooms during the last 3 years for implementation of Data Warehouse Centers 7. a) The bidder should have average Annual turnover of at least Rs.15 lakhs during last three consecutive years b)the self-attested audited balance sheet of the agency / consultant for the last three financial years , & must be submitted along with the bid 8. The bidder should not be indulged or no case pending with the police against the Firm/ Partner or the Company (Agency). 9. The Bidder should provide Certificate of Registration for Service Tax and acknowledgement of up to date filed Self-AttestedCopies of Work Orders or satisfactory completion/performance certificates from the concerned employers along with Form B & C at Annexure F & G Self-AttestedCopy of audited balance sheets/ca Certified Statement showing Turnover in Architectural Services along with Form A at Annexure E Self-Undertaking Self-attested copy Page 19 of 28

20 return if required. PAN Card in the name of company/firm 10. Tender Acceptance Form (Annexure D) To be duly filled signed & stamped FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY (To be stamped in accordance with Stamps Act of India) Annexure C 1. THIS DEED of Guarantee made this day of between (Name of the Bank) (hereinafter called the Bank ) of the one part and Software Technology Parks of India(Name of the Department) (hereinafter called the Department ) of the other part. 2. WHEREAS (Name of the Department) has awarded the contract for Architectural services contract for Rs. (Rupees in figures and words) (hereinafter called the contract ) to M/s (Name of the Architectural Consultant) (Hereinafter called the Architectural Consultant ). 3. AND WHEREAS THE Architectural Consultant is bound by the said Contract to submit to the Employer a Performance Security for a total amount of Rs. (Amount in figures and words). 4. NOW WE the Undersigned (Name of the Bank) being fully authorized to sign and to incur obligations for and on behalf of and in the name of (Full name of Bank), hereby declare that the said Bank will guarantee the Department the full amount of Rs. (Amount in figures and words) as stated above. 5. After the Architectural Consultant has signed the aforementioned contract with the Department, the Bank is engaged to pay the Department, any amount up to and inclusive of the aforementioned full amount upon written order from the Department to indemnify the Department for any liability of damage resulting from any defects or shortcomings of the Architectural Consultant or the debts he may have incurred to any parties involved in the Works under the Contract mentioned above, whether these defects or shortcomings or debts are actual or estimated or expected. The Bank will deliver the money required by the Department immediately on demand without delay without reference to the Architectural Consultant and without the necessity of a previous notice or of judicial or administrative procedures and without it being necessary to prove to the Bank the liability or damages resulting from any defects or shortcomings or debts of the Architectural Consultant. The Bank shall pay to the Department any money so demanded notwithstanding any dispute/disputes raised by the Architectural Consultant in any suit or proceedings pending before any Court, Tribunal or Arbitrator(s) relating thereto and the liability under this guarantee shall be absolute and unequivocal. 6. THIS GUARANTEE is valid for a period of months from the date of signing. (The initial period for which this Guarantee will be valid must be for at least six months longer than the anticipated expiry date of the Contract period). 7. At any time during the period in which this Guarantee is still valid, if the Department agrees to grant a time of extension to the Architectural Consultant or if the Architectural Consultant fails to complete the works within the time of completion as stated in the contract, or fails to discharge himself of the liability or damages or debts as stated under para-5 above, it is understood that the Bank will extend this Guarantee under the same conditions for the required time on demand by the Department and at the cost of the Page 20 of 28

21 Architectural Consultant. 8. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the Bank or of the Architectural Consultant. 9. The neglect or forbearance of the Department in enforcement of payment of any moneys, the payment whereof is intended to be hereby secured or the giving of time by the Department for the payment hereof shall in no way relieve the Bank of their liability under this deed. 10. The expressions the Department, the Bank and the Architectural Consultant hereinbefore used shall include their respective successors and assigns. IN WITNESS whereof I/We of the bank have signed and sealed this guarantee on the day of (Month) (year) being herewith duly authorized. For and on behalf of The Bank. Signature of authorized Bank official Name Designation I.D. No. Stamp/Seal of the Bank. Signed, sealed and delivered for and on behalf of the Bank by the above named in the presence of: Witness-1. Signature Name Witness-2. Signature Name Page 21 of 28

22 Annexure D TENDER ACCEPTANCE LETTER Date: To, Sub: Acceptance of Terms & Conditions of Tender. Tender Reference No: Name of Tender / Work: - Sir, 1. I/ We have downloaded / obtained the tender document(s) for the above mentioned Tender/Work from the web site(s) namely: as per your advertisement, given in the above mentioned website(s). 2. I / We hereby certify that I / we have read the entire terms and conditions of the tender documents from Page No. to (including all documents like annexure(s), schedule(s), etc.,), which form part of the contract agreement and I / we shall abide hereby by the terms / conditions / clauses contained therein. 3. The corrigendum(s) issued from time to time by your department/ organisation too has also been taken into consideration, while submitting this acceptance letter. 4. We declare and confirm that (i) we have not been Black listed or deregistered by any Central/State government department or Public sector undertaking and none of our works had ever been terminate by client after award of contract during last three years. (ii) No agent, middle man or any intermediary has been or will be engaged to provide any service, or any other item of work related to the award and performance of this contract. We acknowledged the right of the employer, if he finds to the contrary, to declare our tender to be non-compliant and if the contract has been awarded to declare the contract Null and void. 5. I / We hereby unconditionally accept the tender conditions of above mentioned tender document(s) / corrigendum(s) in its totality / entirety. 6. In case any provisions of this tender are found violated, then your department/ organisation shall without prejudice to any other right or remedy be at liberty to reject this tender/bid including the forfeiture of the full said earnest money deposit/bank Guarantee absolutely. Yours Faithfully, (Signature of the Bidder, with Official Seal) Page 22 of 28

23 FORM A Annexure E FINANCIAL INFORMATION Financial Analysis: - Details to be furnished duly supported by figures in balance sheet / profit & loss account for the last three years duly certified by the Chartered Accountant, as submitted by the applicant to the Income Tax Department (Copies to be attached). Year Gross Annual turnover on Consultancy (INR) Profit / Loss (INR) Signature of Chartered Accountant with seal Signature of Applicant(s). Page 23 of 28