BID DOCUMENT OPEN TENDER FOR: Rate Contract for Software products and Licenses for State Data Center

Transcription

1 BID DOCUMENT OPEN TENDER FOR: Rate Contract for Software products and Licenses for State Data Center Tender no. : EOT/COMM/12-13/028 Date: 12/10/2012 Due Date: 08/11/2012 up to hrs TWO PART BID PART-1: TECHNO-COMMERCIAL BID AND PART-2: PRICE BID WEST BENGAL ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LIMITED (A Govt. of West Bengal Undertaking) Webel Bhavan, Block-EP & GP, Sector-V, Salt lake, Bidhannagar, Kolkata:

2 NOTICE INVITING TENDER NO. : EOT/COMM/12 13/028 dtd 12/10/2012. Sealed Tenders ( in duplicate ) are invited for the following job from OEM or reputed private / public companies or consortiums with relevant experience and financial capacity as mentioned later and credentials for successful completion of similar nature of work preferably in a Govt. Department. Similar nature means SUPPLY & INSTALLATION OF SOFTWARE PRODUCTS AND LICENSES. Brief description of work Tender Document Money (Rs) Earnest Money (Rs.) Start date of Tender availability at Office Last date and time of Tender submission Date of opening of Tender (Techno Commercial Part) Rate Contract for software products and licenses for State Data Center 2, ( In the form of DD in favour of WBEIDC Limited payable at Kolkata) 1,00,000 (In the form of DD/BG in favour of WBEIDC LTD, payable at Kolkata) 12/10/ /11/2012 UPTO HRS 08/11/2012 AT HRS. Bid Submission & Opening Venue WEST BENGAL ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LIMITED (A Govt. of West Bengal Undertaking) Webel Bhavan, Block EP & GP, Sector V, Salt lake, Bidhannagar Kolkata The tender documents are available at WBEIDC s office on all working days from AM to 4.00 PM, address given above, on submission of Demand Draft of Rs. 2, (Rupees Two thousand only) in favour of WBEIDC Limited payable at Kolkata. The bidder can download the tender documents from WBEIDC s website india.com / and submit the bid with a Demand Draft of Rs. 2, (Rupees Two Thousand only) in favour of WBEIDC Limited payable at Kolkata. For technical queries regarding this tender please contact Mr. Birojit Paul, Asst. Manager State Data Center by phone or by e mail at mail ID birojit.paul@webel india.com and for other terms and conditions, Mr. Santibrata Majumdar, G.M ( e Gov/Commercial ) by Phone or by e mail at mail ID s.majumdar@webel india.com on or before 18/10/2012, 11:00 HRS. No queries will be entertained after this time frame. If tender committee feels, suitable corrigendum will be hosted in our web site on or before 31/10/2012 for the information of all prospective bidders. A pre bid conference regarding this will be held at Webel Bhawan, Salt Lake, Kolkata on 19/10/2012 at hrs. Canvassing in any form shall be liable for disqualification. WBEIDC Limited reserves the right to accept or reject any or all the tenders without assigning any reason thereof. Page 2

3 CONTENTS SECTIONS PAGE NO. 1. Section A Project details, Scope of Work & eligibility criteria for participation 4 2. Section B Instruction to Bidders 8 3. Section C General Terms and conditions Section D Special Terms and conditions Section E Bill of Quantity Section F Financial Bid Section G Bid evaluation process and offer of contract Section H Annexure 32 Page 3

4 SECTION A PROJECT DETAILS, SCOPE OF WORK & ELIGIBILITY CRITERIA FOR PARTICIPATION IN THE TENDER 1. BACKGROUND The National e Governance Program (NeGP), approved by the Government of India, aims to significantly transform and improve the way the Government provides services to its citizens. It is envisaged to move from a governmentcentric to a citizen centric paradigm in service provisioning; to start treating citizens as government customers; and to empower them to demand convenient, cost effective and transparent services from the government. NeGP comprises of several projects spread across a number of sectors which are to be implemented either by the line ministries/departments at the central government or by state governments, as well as integrated projects spanning across multiple ministries/departments/agencies. To support implementation of the Mission Mode Projects under NeGP and also to ensure adherence to common principles and policies towards realization of the vision, Department of IT, Government of West Bengal has developed the State Data Center at Webel Bhavan, Sector V, Salt Lake City, Kolkata 91 and West Bengal Electronics Industry Development Corporation Ltd. has been identified as the State Implementing Agency for the projects under NeGP. SDC is envisioned as the Shared, reliable and secure infrastructure services centre for hosting and managing the e Governance Applications of State and its constituent departments. SDC is envisaged to establish a robust infrastructure to enable the Government to deliver the services quickly and effectively to its stakeholders. The State Data Centre, connected to the State Wide Area Network (SWAN), provides the access to the e Governance applications & Services to Government employees through Intranet and to the citizens through public Internet/CSCs etc. Through such a Shared Service Centre implemented and managed by a competent Implementation Agency, the individual departments can focus more on the service delivery rather than on the issues surrounding the Infrastructure. SDC facilitates consolidation of services, applications and infrastructure. State Data Centre provides many functionalities and some of the key functionalities are Central data repository, Secure Data Storage, Online Delivery of Services, Citizen Information/Services Portal, State Intranet Portal, Disaster Recovery, Remote Management and Service Integration. The State Data Centre is the key supporting element of e Government Initiatives & businesses for delivering services to the citizens with greater reliability, availability and serviceability. 2. OBJECTIVES The Departments of West Bengal Government who are now participating in SDC will have variety of hardware, software and service requirements. These devices are required to be managed and monitored at SDC. Such requirements call for client licenses corresponding to different enterprise management software (EMS) modules / products. These licenses are required to be procured by the Departments from WBEIDCL at standardized rates. In view of this, WBEIDC has decided to have a rate contract with the successful bidder for a period of 1 year, under which software products from CA and EMC Networker and licenses for the same will be procured as per the requirements of line departments. 3. SCOPE OF WORK 3.1 In the existing infrastructure of West Bengal State Data Center, CA is being used as Enterprise Management Software(EMS) and EMC Networker is being used as backup software. For both the items, a comprehensive rate contract on the unit items will be executed between WBEIDCL and the successful bidder. 3.2 In the State Data Center, different user departments will host their applications along with several hardware and software. As per the Department s service requirements, the license count of the above mentioned (refer 3.1) software products will be finalized based on the OEM s (Original Equipment s Manufacturer) licensing policy. Such licenses will be procured based on the rate contract under the scope of this RFP. Page 4

5 3.3 The indicative list of User departments, who may join SDC is as follows: Sr. No. Department Name Sr. No. Department Name 1 Agriculture 27 Information Technology 2 Agriculture Marketing 28 Irrigation and Waterways 3 Animal Resources Development 29 Judicial 4 Backward Classes Welfare 30 Labour 5 Biotechnology 31 Land and Land Reforms 6 Child Development 32 Law 7 Civil Defense 33 Mass Education Extension and Library Services 8 Co operation 34 Micro and Small Scale Enterprises and Textiles 9 Commerce and Industries 35 Minorities Affairs and Madrasah Education 10 Consumer Affairs 36 Municipal Affairs 11 Correctional Administration 37 North Bengal Development 12 Development and Planning 38 Panchayat and Rural Development 13 Disaster Management 39 Parliamentary Affairs 14 Environment 40 Paschimanchal Unnayan Affairs 15 Excise 41 Personnel and Administrative Reforms 16 Finance 42 Power and Non Conventional Energy Sources 17 Fire and Emergency Services 43 Public Enterprise 18 Food and Supplies 44 Public Health Engineering 19 Food Processing Industries and Horticulture 45 Public Works 20 Forest 46 Refugee Relief and Rehabilitation 21 Health and Family Welfare 47 School Education 22 Higher Education 48 Science and Technology 23 Home 49 Self Help Group and Self Employment 24 Housing 50 Statistic and Programme Implementation 25 Information and Cultural Affairs 51 Technical Education and Training 26 Industrial Reconstruction 52 Tourism 4. ELIGIBILITY CRITERIA FOR PARTICIPATION IN THE TENDER Following is the checklist of minimum qualification criteria, failing of submission of any of the following will be treated as rejection of the bid: Sr. No. Eligibility requirement Documents Required Complied (Yes/ No) Page No. 1 Existence The bidder should be a company registered under the Companies Act, 1956 since last 5 years. Certificate of incorporation and Self Certification of being in the Information Technology business for the last 5 years should be attached. Page 5

6 Sr. No. Eligibility requirement Documents Required Complied (Yes/ No) Page No. 2 The bidder must have been operating in the Information Technology Industry for at least the last 5 (Five) years as on in India Financial Profile The bidder should have positive net worth and turnover from supply, installation, integration and management of Computer hardware/ software/networking/information Technology (IT) Services of more than Rs. 100 crores for each of the last three Financial Years ending on Experience The bidder should have supplied and installed the EMS software (CA or of any other reputed OEM) and backup software (EMC Networker or of any other reputed OEM) received in a single order with a total order value of not less than Rs 1 crore during the last five years as on date of publishing the tender. Memorandum and Articles of Associations should be attached. Copy of the audited profit & loss account of the company showing turnover of the company for the last three years upto Photocopies work orders with attestation from Gazetted Officer along with client S certification for execution of orders are to be submitted confirming the order value/cost ( In case of Non availability of attestation, Original copies have to be produced to GM(Commercial) during evaluation). 4 5 Certifications The bidder must have ISO 9001: 2008 Certificate on quality management systems. The bidder must have ISO Certificate data center IT infrastructure management services. Support Infrastructure The selected bidder must have an office in the Kolkata. 6 Bidder registrations and licenses Valid ISO 9001:2008 certificate on quality management systems. Valid ISO needs to be submitted data center IT infrastructure management services. Relevant Documents or Undertaking signed by the Authorized Signatory. Page 6

7 Sr. No. Eligibility requirement Documents Required Complied (Yes/ No) Page No. 7 8 The bidder must have the following current certificates/ Licenses a) Registration under provident fund. b) Valid Sales Tax/VAT & Profession Tax Registration Certificate. c) Valid Service Tax Registration Certificate. d) Valid Trade License. Declaration and annexure Bid form Declaration by the bidder The person authorized for this project from the bidder must submit the power of attorney specific for this project. OEM Partnerships Photocopies with attestation from Gazetted Officer ( In case of Non availability of attestation, Original copies have to be produced to GM(Commercial) during evaluation) of following are to be submitted: a) Registration under provident fund. b) Valid Sales Tax/VAT & PT Registration Certificate. c) Valid Service Tax Registration Certificate. d) Valid Trade License. Annexure III must be submitted along with the bid. Declaration on non judicial stamp paper in this regard by the authorized signatory of the prime bidder should be attached as per annexure IV. Power of attorney for the authorized person needs to be submitted as per annexure V. The bidder must have direct authorization from OEM, specific for this project (Strictly in the format given in this tender) for selling and supporting all the components offered. OEMs are: EMS CA Backup EMC Networker The OEM must confirm that they will undertake support including upgrades, patches for the quoted products for next 3 years. Although the order for the support services will be placed on OEM through the bidder, the support services will be provided directly by OEM 9. EMD & Tender Document Fees (if downloaded from the web site) in separate envelope Authorization Certificates as per annexure VI from all the OEMs specific for this project in their letter head must be furnished along with confirmation that the products quoted are not end of life products and they will undertake that the support including patches for the quoted products shall be available for next 5 year. Copies of the same to be furnished in the technical bid as well. DD for Rs. 2, For Tender Document Fees & Rs. 1,00, for EMD. Page 7

8 SECTION B INSTRUCTION TO BIDDERS I. BID SUBMISSION DETAILS: 1. Bidders are advised to study all instructions, forms, terms, requirements and other information in the tender documents carefully. Submission of bid shall be deemed to have been done after careful study and examination of the document with the full understanding of its implications. 2. The response to this tender document should be full and complete in all respect. Failure to furnish all information required by the tender documents or submission of a proposal not substantially responsive to the tender document in every respect will be at the bidder s risk and may result in rejection of its proposal and forfeiture of the earnest money deposit. 3. Interested Bidders are required to submit their technical proposals and commercial proposal in two separate sealed envelopes as per instructions given below: The firm shall seal & mark various parts of the proposal as follows: 3.1 Techno Commercial Bid in one envelope super scribed with words: Techno Commercial Bid for Rate Contract for software products and licenses for State Data Center, Tender no.eot/comm/12 13/028 dated 12/10/2012& Do Not Open Before 08/11/2012, at 16:00 Hrs. This envelope will also contain the EMD and copy of Tender Document Fees in separate small envelope inside it. 3.2 Financial Bid in one envelope super scribed with words Financial Bid for Rate Contract for software products and licenses for State Data Center and Tender no EOT/COMM/12 13/028 dated 12/10/ All the envelopes shall be sealed in a covering envelope super scribed with words Tender No.: EOT/COMM/12 13/028 dated 12/10/2012&, Techno Commercial & Price Bid for Rate Contract for software products and licenses for State Data Center & Do Not Open Before 08/11/2012, at 16:00 Hrs Hrs 3.4 The sealed envelope containing the sealed Techno Commercial Bid and Price Bid should be addressed to: General Manager (e Governance/Commercial) WBEIDC Limited Block EP & GP, Sector V Salt Lake Electronics Complex Kolkata The above must be sent through post / speed post / Courier or dropped personally within the stipulated time in the tender box kept with him. No other mode of delivery shall be accepted. WBEIDC Ltd will not be responsible for any postal delay. Late submission of Bid will not be accepted Page 8

9 II. TECHNO COMMERCIAL BID S. No. Technical requirement Documents Required Page No. 1 Proposal Technical proposals submission letter on the letterhead of the firm clearly indexing the enclosures. This proposal submission letter should bear the reference no. and date, without which the bid will be treated as non responsive. Original Tender document submission Detailed profile of the company, Articles of Association 2 Bidder track record No. of data center projects/similar projects executed by the Bidder in India in last five years. This track record should also include the experience clause of Sr. No. 3 of A above. Original tender document duly stamped & signed on each page, as a token of acceptance of all terms and conditions laid down in the tender document Detailed profile of the company and photocopy of Articles of Association =needs to be submitted The track record of the bidder with Similar experience in the last five years to be furnished as per the table A below. Photocopies to be enclosed supporting the same, without which the same will not be considered. 3 Training Bidder must arrange to impart training from the respective OEM of their software products A certificate from OEM as per annexure VIII is to be submitted that the training will be to all the individuals as per the cost mentioned provided by the respective OEM on in its price bid. requirement. 4 Bidder s additional certificate The bidder should have ISO Certificate on data center IT infrastructure management Valid ISO certificate on data center IT infrastructure management services services. Table A: Name of the assignment & duration of Contract Details Contract award date Actual date of completion Name of the client Client contact details with reference Geographical Area of operation Value of the contract Brief description of technology used along with the job description Brief description of warranty, maintenance and Support Table B: Name Designation Qualification Field of Activity Years of Similar Experience Along with the above, the Bill of Quantity Compliance mentioned in Section E needs to be submitted. Page 9

10 III. FINANCIAL PROPOSAL Price Bid as per format provided in the relevant section to be submitted in a separate envelope as mentioned in the tender document. Insertion of Price bid in Techno Commercial proposal will summarily cancel the bid. Page 10

11 SECTION C GENERAL TERMS AND CONDITIONS 1. Schedule of the Tender The tender document shall be submitted on or before 08/11/2012, at Hrs. to General Manager ( e Gov/Commercial ), WBEIDC Limited, Block EP & GP, Sector V, Salt Lake Electronics Complex, Kolkata Tender cost & Earnest Money and contract performance guarantee: 2.1 Tender cost: a) The tender cost is Rs. 2,000/ (Rupees Two Thousand) only. Bidder willing to participate in the tender needs to procure the tender document by submitting a Demand Draft of Rs. 2, (Rupees Two thousand only) in favour of WBEIDC Limited payable at Kolkata with the bid. Earnest Money: a) The OEM shall furnish an EMD of Rs. Rs.1 Lac (Rupees One Lac Only) in the form of DD in favour of WBEIDC Limited from a Scheduled Bank payable at Kolkata or in the form of Bank Guarantee as per the format given in Annexure XI. Any bid not accompanied with the valid EMD shall be summarily rejected. b) Earnest money will be refunded to the unsuccessful bidders after receiving application from them on completion of tender process. c) In case of successful bidders earnest money will be retained till deposit of mentioned amount of Contract Performance Guarantee as per clause 7.3 below. d) Earnest money of the bidder is liable to be forfeited in case of any false submission / statement. In case of any refusal to abide by terms and conditions of our LOI/PO or refusal to enter into a written agreement as per prefixed terms and conditions authority is at liberty to forfeit earnest money and take lawful actions Contract Performance Guarantee The successful bidder shall be required to furnish an irrevocable Contract Performance Guarantee (CPG) for an amount of Two (2) Lakhs, in addition to other deposits mentioned elsewhere in the Contract for his proper performance of the Contract, (notwithstanding and/ or without prejudice to any other provisions in the Contract) within a period of 7 days from the date of issue of the Order for signing agreement of rate contract. This guarantee shall be in the form of a Bank Guarantee, unequivocal and unconditional, of any Scheduled Bank in accordance with the form given at Annexure VII The Performance Guarantee shall be valid upto the period of contract i.e. 1 year from the date of execution of the Agreement The CPG will be released to the Bidder upon issue of Certificate of Acceptance by the Employer not later than 30 days following the date of Completion of the Bidder s performance obligations under the Contract The CPG shall be invoked by the Employer Unit in case of deficiency in supply of items by the Bidder in the way as will be specified in penalty clauses of the contract. 3. Clarification Regarding Tender Document A prospective Bidder requiring any clarification about the tender document and scope of work may contact the person through e mail / letter as mentioned above in NIT. 4. Time period of contract The contract will be valid for a period of one (1) year from the date of signing the contract. Page 11

12 5. Obtaining Tender Documents: 5.1 The bidder can download the tender documents from WBEIDC s website india.com and submit the Demand Draft of Rs. 2, (Rupees Two thousand only) in favour of WBEIDC Limited payable at Kolkata with the bid. 5.2 Also tender documents are available at WBEIDC s office on all working days from AM to 4.00 PM, address given above, on submission of Demand Draft of Rs. 2, (Rupees two thousand only) in favour of WBEIDC Limited payable at Kolkata. 5.3 Tender Documents downloaded from above mentioned websites shall be considered valid for participating in the tender process. During scrutiny, if any modification / correction etc. is noticed as compared to the original documents posted on the website, the bid submitted by such a bidder is liable to be rejected in whole and forfeiture of EMD. 6. Last date to send in requests for clarification A prospective bidder requiring any clarification on the Tender Document needs to submit their queries in written format strictly as per the format given at Annexure I at the address of WBEIDCL within the stipulated time frame for submission of such request for clarification and also needs to send a soft copy of the same through e mail. Queries submitted in any other format will not be considered. Written copies of all questions, correspondence and inquiries regarding this bid should be directed in writing to the General Manager (egovernance/ Commercial), WBEIDCL. Questions regarding this TOR shall be received in writing at the address mentioned. A soft copy of the same must be sent to the e mail address s.majumdar@webel india.com with a copy to birojit.paul@webel india.com, not later than 11:00 am on 18/10/2012. The responses/ clarifications will be discussed in the pre bid meeting only. 7. Pre Bid meeting a. All queries related to this tender are to be ed to birojit.paul@webel india.com at least one day prior to the date of meeting as given in clause b. For Bid clarification a pre bid meeting will be organized at Sisir Mitra Hall 3 rd floor, Webel Bhavan, Salt Lake, Kolkata 91 on 19/10/2012 at hrs. c. The prospective bidders or their official representatives with hardcopy of authorization on company letter head are eligible to attend the Pre bid Meeting. d. The bidder, who have purchased the tender document by depositing the tender document fees and is having a valid receipt of the same from WBEIDCL are eligible to attend the meeting. e. The purpose of the meeting is to clarify issues and to answer questions of only those queries received before the deadline. Purchaser will not be bound to accept any queries raised during the conference. f. The submitted queries by the bidders as per clause 11 above will be discussed/ answered only and no further queries will be replied. g. Any modification of the Tender Documents which may become necessary as a result of the Pre Bid Meeting shall be made exclusively through the issue of an Addendum / Corrigendum pursuant to clause 13 below and will be treated as a part of the bid document. h. Non attendance at the Pre Bid Meeting will not be a cause for disqualification of a Bidder. However, no queries will be entertained thereafter from a bidder who did not attend such Meeting. 8. Amendment in tender documents: a. Before the deadline for submission of tender, the Tender Documents may be modified by WBEIDCL by issue of addenda/ corrigendum. b. A formal written amendment/addenda/corrigendum shall be issued only to all the prospective bidders, who have purchased Tender Documents (WBEIDCL will not send any amendment/addendum/corrigendum to a person who may have downloaded to Tender Documents) through e mail. Page 12

13 c. All the responses/clarifications along with modifications/additions/alterations/amendments/addenda/ corrigendum made by WBEIDCL before the last date of submission of bids shall be treated as a part of the Tender Documents and shall be binding upon all bidders. d. To give prospective bidders reasonable time in which to take the addendum/ corrigendum into account in preparing their tenders or for any other cause or reason, deadline for submission of tenders may be extended as considered necessary by WBEIDCL. e. At any time 3 days prior to the deadline for submission of proposals, WBEIDC reserves the right to add / modify / delete any portion of this document by issuance of a Corrigendum, which would be published on the WBEIDC website. The Corrigendum shall be binding on all bidders and will form part of the bid documents (Techno Commercial as well as Price Bid). 9. Date of Submission of Tender: 9.1 The bid shall be received not later than 15:00 hrs. on 08/11/2012 at the office of General Manager (e Gov/ Commercial), WBEIDC Ltd, Webel Bhavan, Block : EP &GP, Sector V, Bidhannagar, Salt Lake, Kolkata The Pre Qualifying bid will be opened on the same day at Hrs in presence of the bidders. In the event of the specified date for the submission of the Tender being declared a holiday by WBEIDCL or due to unforeseen reasons, the office of the WBEIDCL not functioning / being closed, the tenders will be received up to the appointed time on the next working day of WBEIDCL. 9.2 WBEIDCL may extend the deadline for submission of Tenders by issuing a Corrigendum in the WBEIDC s website in which case all rights and obligations of WBEIDCL and the bidders previously subject to the original deadline will be subject to new deadline. 9.3 Late Tender / Delayed Tender: Any proposal received by WBEIDC after the deadline for submission of proposals, as referred above shall not be accepted. 10. Amendment of Proposals In order to afford prospective Bidder reasonable time to make amendment in their proposals, WBEIDC may, at its discretion, extend the deadline for the submission of proposals. However, no such request in this regard shall be binding on WBEIDC. 11. Awarding of Contract WBEIDC Ltd will award the contract to the successful bidder whose bid has been valued as per Price and Technically qualified as per eligibility criteria. WBEIDC reserves the right not to accept the Lowest Price bid with out assigning any reason what so ever and the bidder will not challenge such decision in any forum what so ever WBEIDC also reserves the right to split the order and / or drop any line item as per direction of the end customer. The successful bidder will have to give security deposit of 10% of total value of the LOI in the form of Bank Guarantee for a period of 60 days + the maximum warranty period among the items quoted. After receiving the PBG, firm P.O will be issued. 12. Language of Proposal & Correspondence The proposal submitted by the Bidder should be in English language only. All the documents relating to the proposal (including brochures) supplied by the firm should also be in English, and the correspondence between the Bidder & WBEIDC will be in English language only. A duly signed formal copy must subsequently confirm the correspondence by fax / e mail. 13. Proposal Currency Prices shall be quoted in Indian Rupees, inclusive of all prevailing taxes, levies, duties, etc. Page 13

14 14. Period of Validity of Proposals The price offers shall remain firm within the currency of contract and no escalation of price will be allowed. The quoted offer and / or rate must be valid for a minimum period of 180 Days from the date of opening of the tender. The tender inviting authority reserves the right for seeking extension of validity of offered rates from the successful bidder. Acceptance of such request during actual offer is however optional to the bidder. The price validity will remain unaltered irrespective of any reason including foreign exchange rate variation. Variation in statutory rate levied by Government will however be reflected for both reduction and escalation. 15. Formats and Signing of Proposals The original proposal shall be neatly typed and shall be signed by an authorized signatory / signatories on behalf of the Bidder. The authorization shall be provided by written Power of Attorney accompanying the proposal. The person or persons signing the proposal shall initial all pages of the proposal, except for un amended printed literature. The proposal shall contain no interlineations, erase or overwriting. In order to correct errors made by the Bidder, all corrections shall be done & initialed with date by the authorized signatory after striking out the original words / figures completely. 16. Sealing and Marking of Proposals Bidder shall seal & mark various parts of the proposal as mentioned in the Instruction to bidders above. Every envelope and forwarding letter of various parts of the proposal shall be addressed as follows: General Manager (e Gov/Commercial) WBEIDC Limited Block EP & GP, Sector V Salt Lake Electronics Complex Kolkata Signing across all joints & pasting good quality transparent adhesive tape on top of such joints & signatures with company seal shall seal the envelope without which the bid will be summarily rejected. The envelope should bear the name and address of the bidder very neatly written in the left lower corner, without which the bids can not be recognized and hence will be summarily rejected. Proposals sent through telex / telegrams / fax / e mail shall not be accepted. WBEIDC shall not be responsible for delay on account of delivery by the postal authorities as well as of courier companies. Such delivery shall be at the risk and cost of the vendor / bidder. If the envelopes are not sealed and marked as required above, WBEIDC shall assume no responsibility for the proposal s misplacement or premature opening. Then bid will be summarily rejected. 17. Deadline for Submission of Proposals Proposals will be received by WBEIDC at the specified address not later than 08/11/2012, at Hrs. WBEIDC may, at its discretion, extend this deadline. WBEIDC may also extend this deadline for any other administrative reason. Page 14

15 SECTION D SPECIAL TERMS AND CONDITIONS PART I 1. Interpretation of documents If any bidder should find discrepancies or omission in the specifications or other tender documents, or if he should be in doubt as to the true meaning of any part thereof, he shall make a written request to the tender inviting authority for correction / clarification or interpretation before 7 days of opening of the bid. 2. Payment Terms The final payment will be made within 60 days of submission of bills along with the receipted Challan. The security deposit of an amount of 10% of the total value of the order is to be deposited (within 14 Days from the date of issuance of LOI ) in the form of a bank guarantee valid for 60 days more than the composite on site warranty period of the items quoted, from any Scheduled Bank. 3. Preparation of Tender Tender shall be submitted in accordance with the following instructions: i) Tenders shall be submitted in the prescribed forms. All signatures shall be in longhand. Where there is conflict between the words and the figures, the figure shall govern. ii) All notations must be in ink or type written. No erasing or overwriting will be permitted. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto and must be initialed in ink by the person or persons signing the tender. iii) Tenders shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered unless called for. No written, verbal, electronic, telegraphic or telephonic proposals for modifications will be acceptable. iv) Tenders shall be delivered to the office as notified on or before the date and time set for the opening of tenders in the Notice Inviting Tender. The packet of documents including the tender shall be enclosed in sealed envelope having the title of the work and the name of the bidder. v) Tenders subject to any conditions or stipulations imposed by the bidder are liable to be rejected. vi) Each and every page of the tender document must be signed with date and company seal by the bidder. This is required to show that the bidder had accepted all the terms and conditions mentioned in this tender document. 4. Withdrawal from Tender Any bidder may withdraw his tender by written request at any time prior to the scheduled closing time for receipt of tenders and not thereafter. 5. Opening of Tender The tenders shall be opened at the time set forth in the document. Bidders or their authorized representatives are invited to be present and to put their signatures on the records of tender opening as each tender is opened. 6. Deduction of Tax at Source Deduction of all statutory and necessary Tax from each bill will be made as per Government Rules prevailing at the time of payment. The Company will issue necessary tax deduction certificate in due course of time. 7. Tax Registration Certificate Bidders submitting a tender shall produce up to date VAT, Service Tax, Income Tax and Professional Tax registration as well as copy of latest returns submitted in the standard form from the Tax Authority or a Certificate that the assessment is under consideration. All such clearance certificates shall remain valid on the last date of permission and should be attested by a gazetted officer. In case of non availability of such attestation, the bidder will have to produce original clearance certificates to the evaluation committee; otherwise the bid will be treated as non responsive. 8. Canvassing Canvassing or support in any form for the acceptance of any tender is strictly prohibited. Any bidder doing so will render him liable to penalties, which may include removal of this name from the register of approved Contractors. Page 15

16 9. Liquidated Damage The job includes the supply of software mentioned in the tender document. In the event of failure to supply in stipulated date/time liquidated damage will be imposed on the contractor for sum equivalent to 1% of the contract value for each week or part thereof, subject to a ceiling of 5% of the total contract value (including all taxes & duties and other charges). In the event of LD exceeds 5% of the order value, WBEIDC reserves the right to terminate the contract and WBEIDC will get the job completed by any other competent party. The difference of cost incurred by WBEIDC will be recovered from the earnest money deposited by the vendor. 10. Delivery All Licenses should be delivered at West Bengal State Data Centre (WBSDC) at Monibhandar, 1 st Floor, Webel Bhavan Complex, Salt Lake, Block EP & GP, Sector V, Salt Lake, Kolkata and thereafter installed at the said site ( at bidder s cost). 11. Delivery schedule: 11.1 On receipt of the work order from WBEIDC Ltd, bidder will book the item to respective OEMs immediately and within 7 working days will send a confirmation e mail to WBEIDC Ltd mentioning the internal order clearance no. of the OEM. If the bidder fails to produce the OEM s order clearance number to WBEIDC within 7 working days of issuance of work order, else a penalty of per day 0.05% of the work order value will be deducted from the order value Time for supply: The time for supply of software product along with licenses as and when will be ordered under this rate contract, will be 4 weeks from the date of issue of order. If the delivery will be delayed, a penalty will be imposed on the bidder as per the penalty clause 18 below. 12. Delivery of software product along with licenses and Implementation procedure: 12.1 As mentioned in the scope of work in clause 3 above, various user departments may host their applications along with several hardware devices in SDC. For monitoring and management of the said devices, Enterprise Management Software of CA and backup software of EMC Networker needs to be supplied by the bidder as per the Bill of Quantity (BoQ) to be mentioned as per the requirement of User departments. These license counts and delivery of the same will solely depend on the user department. The successful bidder (eligible L1 bidder) must deliver the software products and the licenses thereof as per the user department requirements, within 4 weeks as mentioned in the timeframe. For each project or requirement of the user department separate work order will be issued to the L1 bidder who will be contracted for one year as per the rate contract under current scope. For the CA Software, WBEIDCL will enter into an end user agreement for license and support with CA for the exclusive use and benefit of the specified User department in West Bengal for each transaction For each work order, the paper license of the software items are to be delivered along with a CD/ DVD Media/ESD of the software Implementation of the licenses will be the sole responsibility of the current Data Center Operator and is not the scope of this tender. Hence, the financial bid must not have any cost implication for the implementation of the licenses. 13. Maintenance, support and service level: 13.1 The standard support and maintenance from the respective OEM must be ensured and the cost of the same needs to be quoted by bidder separately as per the format of the Financial Bid (given year wise under maintenance column). The maintenance may be taken for bundled 1 year or for additional 2 years or 3 years as will be required by the user departments and may vary on project to project basis. Though the maintenance will be taken for bundled 1 year or for additional 2 or 3 years, but this rate contract with the bidder will remain valid for a duration of 1 year. However, on placement of the specific order for a project of user department, specifying the duration of maintenance period, respective OEM must provide a confirmation through the end user agreement as per their norms, which will be signed and executed between WBEIDCL (for the exclusive use and benefit of the specified User department in West Bengal) and OEM. Page 16

17 13.2 During the maintenance period, OEM shall be directly responsible for any defects that may develop under the conditions in the software package provided by the OEM and under proper use, and shall remedy such defects at their own cost on notification of the same as per the scope and support terms specified in OEM s end user agreement Service Level Existing Data Center infrastructure is committed to provide an uninterrupted support with an SLA of % of guaranteed uptime Facility Management Support: The vendor may require providing facilities management support for the tenure of the contract (i.e. 1 year). This FMS service is optional and may not be taken by WBEIDCL. If FMS is taken, the same needs to cover the following: i. Placement of an in house L1 engineer, who can do basic troubleshooting of CA EMS and EMC Networker. ii. The person will be liable for maintaining proper liaison with Data Center Operator and respective OEM to meet up the SLA as stated for the specific project. iii. To report to the concerned vendors and user departments, specific for the projects about the problems as will be notified by EMS. 14. Obtaining the cost and issuance of work order for each project: In line with clause 27 above, for such individual projects, every time the cost of the software product and the licenses will be determined based on the calculated requirements of licenses i.e., unit rates of the successful bidder will be multiplied by the license counts of the respective software items to obtain the final cost. Once the final cost of licenses will be obtained for a project, a separate work order for the specific project will be issued in favor of the successful bidder under contract. 15. Payment schedule for all the work orders for all individual projects under rate contract: I) 50% advance on providing of firm Work Order in favor of the firm and on getting internal order clearance number as per clause 26.1 above. II) 50% of the total amount will be paid after delivering all the software product and the licenses as per the schedule. 16. Payment Terms Payment will be made on submission of bills along with the ESD or receipted Challan of delivered licenses. The payment will be on back to back basis, i.e, only after receiving of payments from the user department/ end customer. 17. Taxation 17.1 The Bidder shall pay all taxes including sales tax, VAT, excise and customs duties and surcharge, service tax, E.S.I contribution, cess, levy, octroi, royalty etc., as per the current rates, as the case may be payable in respect of all software products and license delivery under this contract. All such taxes are to be quoted separately as per the financial bid format given in this tender. The evaluation of the bids will be done on the quoted price including all the taxes quoted The Bidder will be required to pay all taxes, duties levied by Central and/or State Government and/or local bodies on such part of his income in respect of the Contract as is chargeable therewith under the laws for the time being in force in India. It is further clarified that if in future any new taxes are imposed or any enhancement is made in the existing taxes, which effects the contract value, then such new taxes or such enhancements as the case may be, shall be included in the agreement as an amendment Deduction of Tax at Source: Deduction of all statutory and necessary Tax from each bill will be made as per Government Rules prevailing at the time of payment. The Company will issue necessary tax deduction certificate in due course of time. Page 17

18 18. Penalty on delayed delivery: Bidder must supply the software products and licenses as per the scope of work order for individual projects within 4 weeks of issuance of work order, failing which, a per day penalty of 0.2% of the total work order value will be imposed for the particular project for a maximum period upto 25 days, i.e., 5% of the order price. For occurrence of one such instance for a project, the entire contract will be cancelled. On cancellation of the contract, WBEIDCL may select L2 bidder as per the clause 22.2 at its sole discretion. 19. Terms of ownership and license of Software: The terms of license of the related software s must be in the name of WBEIDCL (for the exclusive use and benefit of the specified User department in West Bengal as will be specified) and the same will be delivered and used in West Bengal State Data Center, Moni Bhandar, Webel Bhavan, Sector V, Salt Lake City, Kolkata 91 or as will be mentioned by WBEIDCL. 20. Form of Work Orders and Agreement 20.1 Format of work order for the agreement of rate contract is given at Annexure II Format of agreement is given at Annexure III, which will be executed for the successful bidder Further, the individual work orders for delivery of software products and licenses for individual projects will be given as per annexure IV. 21. Indemnity: 21.1 Bidder/ OEM shall indemnify the WBEIDC Limited / or its any subsidiary placing order as per this rate contract and the end customer ( user department) against all third party claims of infringement of patent, trade mark / copyright or industrial design rights arising from the use of the supplied items and related services or any part thereof in accordance with the end user agreement WBEIDC Ltd / User department stand indemnified from any claim that the bidder s manpower may opt to have towards the discharge of their duties in the fulfillment of the Purchase Order WBEIDC Ltd / User department also stand indemnified from any compensation arising out of accidental loss of life or injury sustained by the bidder s manpower while discharging their duties towards fulfillment of the purchase order. 22. Termination of L1 bidder and subsequent selection of L2 bidder: This contract may be terminated: a) If the successful bidder fails to deliver any or all of the items within the time period(s) specified in the purchase order or any extension thereof granted by WBEIDC Limited. b) If the bidder and/ or OEM fails to perform any other obligation (s) under this tender and the agreement to be signed with WBEIDCL. c) If the bidder and/or OEM, in either of the above circumstances, does not take remedial steps within a period of 25 days after receipt of the default notice from WBEIDCL (or take longer period in spite of what WBEIDCL may authorize in writing), WBEIDCL may terminate the agreement / purchase order in whole or in part On termination of L1 bidder, selection of L2 bidder: WBEIDCL may, at its sole discretion, select L2 bidder to enter into the rate contract and supply the required items/ licenses as per the individual project requirements, provided: i) The L2 bidder remains eligible as per the techno commercial bid requirements ii) L2 bidder agrees to match the rates of L1 bidder 23. Acceptance of Tender The acceptance of the tender will rest with the accepting authority who is not bound to accept the lowest or any tender and reserves the right to reject in part or in full any or all tender(s) received and to split up the work among participants without assigning any reason thereof. Page 18

19 24. Withdrawal from Tender If any bidder withdraws his tender before acceptance or refusal within a reasonable time without giving any satisfactory explanation for his withdrawal, he/she shall be disqualified for participation in any tender of this organization for a minimum period of 2 (two) years. 25. Non escalation of Price The price offers shall remain firm within the currency of contract and no escalation of price will be allowed. 26. Price Validity The quoted offer and/ or rate must be valid for a minimum period of 180 Days from the date of opening the tender. The tender inviting authority reserves the right for seeking extension of validity of offered rates from the successful bidder. Acceptance of such request during actual offer is however optional to the bidder. 27. Quantity or Place variation The Vendor may be asked to supply the same products at the same rate at different places and / or at the same places within this price validity period, which they are bound to accept. The quantity variation will be 25% +/ the last ordered quantity. 28. Award Criteria WBEIDC will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest evaluated bid provided further that the bidder is determined to be qualified to perform the contract satisfactorily. WBEIDC however shall not bind to accept the lowest or any bid and reserves the right to accept any bid wholly or in part WBEIDC may waive any minor informality or non conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder 29. WBEIDC s right to vary scope of contract at the time of award: (i) WBEIDC may at any time, by a written order given to the tenderer pursuant to RFP terms make changes within the general scope of contract. (ii) If any such change causes an increase or decrease in the cost of,or the time required for,the tenderer s performance of any part of the work under the contract whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or or delivery schedule or both and the contract shall accordingly be amended. Any claim by the tenderer for adjustment under this must be asserted within thirty (30 days from the date of the tenderer s receipt of the WBEIDC s changed order. (iii) Failure of the successful bidder to comply with the requirements shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event WBEIDC may make the award to the next lowest evaluated bidder or call for new bids. 30. Signing of contract agreement: 30.1 The L1 bidder whose tender gets accepted will be notified of the award by the employer by issue of a Work Order prior to expiry of the bid validity period, in the form of Annexure II. Within the period specified in the Work Order, the successful bidder shall deliver to WBEIDCL, the acceptable Contract Performance Guarantee. The work order will be sent to the Bidder in two copies one of which it should return promptly, duly signed and stamped. The work order issued will create a binding contract between WBEIDCL and the successful bidder till the formal Contract Agreement is executed The cost of stamp papers for stamping and execution of the Contract Agreement shall be borne by the bidder Simultaneously upon WBEIDCL notifying the successful bidder that his tender has been accepted, WBEIDCL will direct him to attend its office within 7 (seven) days of issue of the Work Order for signing the Agreement in the proforma at ANNEXURE III Simultaneously with the execution of the agreement between the bidder and WBEIDCL, the concerned OEMs, namely CA and EMC Networker must confirm to WBEIDCL in the format specified in Annexure VII that they have a valid Reseller Agreement in place with Bidder and that the OEM will honour the rates provided by the OEM to Bidder for the licensing and support of OEM s software on the basis of which the bidder has quoted for this Tender. Page 19