mtnl stpi it services ltd · , they must ensure that requisite tender fee/cost is enclosed in the...
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MSITS_CAMC for CAC.doc Page 1 of 25
MTNL STPI IT SERVICES LTD (A Joint Venture Company of MTNL & STPI under Ministry of Communication and
Information Technology)
3rd
Floor, STPI Building, No.5, Rajiv Gandhi Salai, Taramani, Chennai - 600 113
Phone No: 044-39103525 Tele Fax: 044-39103505
TENDER No: MSITS/CHE/DCI/AMC/CAC/2013-14/03
Date: 16.09.2013
Name of the Tender:
TENDER FOR COMPRHENSIVE ANNUAL MAINTENANCE CONTRACT FOR
Comfort Air-Conditioning Systems (Comfort ACs) at MSITS Ltd, Chennai
(For the period of THREE years)
NAME OF THE PARTY:
MSITS_CAMC for CAC.doc Page 2 of 25
TENDER NOTICE
MTNL STPI IT SERVICES LTD (MSITS LTD)
I Tender inviting officer,
Authority, Designation
and Address
The CEO
MTNL STPI IT SERVICES Ltd
3rd
Floor, STPI Building, No.5, Rajiv Gandhi Salai,
Taramani, Chennai – 600 113.
Website: www.mtnl-stpi.in
II A. Name of the work:
B. Place of execution
Comprehensive AMC for Comfort Air-Conditioning
Systems (Comfort ACs)
Place: MSITS LTD – Chennai
III Tender documents available
place and due date for
obtaining tender
Tender document can be obtained on working days
between 10.30 AM to 4.00 PM from 16.09.2013 to
06.10.2013 at the address mentioned in column I
Due Date, time and place of Due Date : 07.10.2013
submission of Tender Time : 3.00 P.M.
IV
Place : At the above mentioned in column I
Place, date and time of Date : 07.10.2013
Tender Opening Time : 3.30 P.M.
V
Place : At the above mentioned in column I
VI Any other important criteria specified by the tender inviting authority:
1. Tender received after due date and time will be summarily rejected.
MTNL STPI IT Services Ltd (MSITS) invites sealed tenders only from original manufacturers or
dealers authorized by original manufacturers, towards Comprehensive Annual Maintenance
Contract for Comfort Air-conditioning Systems(CACs) at MSITS, Chennai UNDER TWO BID
system. The bid should be sealed by the bidder and duly superscripted as Tender No:
MSITS/CHE/DCI/AMC/CAC/2013-14/03 dated 16.09.2013 and Name of the tender.
Intending eligible bidders may obtain a copy of bid document from MTNL STPI IT Services Ltd,
3rd
Floor, STPI Building, No.5, Rajiv Gandhi Salai, Taramani, Chennai 600 113 on payment of
Rs.500/-(Rupees Five Hundred only) in the form of crossed Demand Draft /Banker’s Cheque
from any commercial Bank in favor of “MTNL STPI IT Services Ltd” payable at Chennai.
In case, firm has downloaded the tender documents from the official website i.e.,
www.mtnl-stpi.in, they must ensure that requisite tender fee/cost is enclosed in the form of
Account Payee Demand Draft from any of the commercial bank in favour of “MTNL STPI IT
Services Ltd” payable at Chennai, with their tender, failing which the tender will be treated as
incomplete and will be ignored. The EMD & Tender fee (Demand Draft or receipt given by
MSITS in case paid at office) should be enclosed with the technical bid of tender document.
CEO
MSITS Ltd
MSITS_CAMC for CAC.doc Page 3 of 25
SECTION – I
1. THE ELIGIBILITY CRITERIA:
1.1 The bidder should be either an original equipment manufacturer (OEM) or authorized
by the OEM.
1.2 Average annual financial turn over during the last 3 years ending 31st March of
previous year should be at least Rs.6.00 lakhs. (i.e., 2010-11, 2011-12 & 2012-13)
1.3. Experience of having successfully completed similar works during the last 3 years
should be any one of the following.
a) 3 similar completed works costing not less than Rs.3.00 lakhs
b) 2 similar completed works costing not less than Rs.3.75 lakhs
c) 1 similar completed work costing not less than Rs.6.00 lakhs
Definition of Similar work: Annual Comprehensive Maintenance of Comfort Air-
conditioning systems to any central/ state Govt. offices/ PSU/ Private units under a
single order/ contract.
Documentary proof (Work Completion certificates, Work order/s etc.,) for the
above shall be produced along with the Technical offer, failure of which the offer
will be disqualified.
2. TENDERING PROCESS:
2.1 The tenders are invited on a two bid system i.e. Qualifying Bid (Technical Bid including
the Tender Fee and EMD) and then the Financial Bid:
1. The tender form for Technical bids prescribed at Annexure–I (Attached) complete in
all respect (Including Tender fee and EMD) should be submitted in sealed cover
superscribed “Qualifying Bid – “Comprehensive AMC for Comfort Air-
Conditioning Systems at MSITS Ltd, Chennai”
2. The tender form for Financial bids prescribed at Annexure–II (Attached) complete in
all respect should be submitted in sealed cover superscribed “Financial Bid –
“Comprehensive AMC for Comfort Air-Conditioning Systems at MSITS Ltd,
Chennai
3. The above two sealed covers should be put together in another one big cover/
envelope super scribed as “Comprehensive AMC for Comfort Air-Conditioning
Systems at MSITS Ltd, Chennai” and addressed to
“The CEO,
MTNL STPI IT Services Ltd
3rd
Floor, STPI Building,
No.5, Rajiv Gandhi Salai,
Taramani, Chennai 600 113”
MSITS_CAMC for CAC.doc Page 4 of 25
Further, the sentence “NOT TO BE OPENED” before due date & time of tender opening,
should also to be indicated on this envelope.
If the outer big envelope is not sealed and marked properly as above, the MSITS will not take
any responsibility for its misplacement, premature opening etc. The Envelope should be dropped
in the Tender Box at Reception in the above address latest by 3.00 p.m. on 07.10.2013.
2.2 Contents of Technical Bid: The bidder in this regard should submit the following
documents in the Technical Bid.
(a) Copy of the Proof for OEM or authorized by OEM.
(b) Financial status: - The annual turnover of the bidder for the last 3 years. Copies of
Profit & Loss Account and Balance Sheet for the last 3 years should be enclosed.
(c) Copies of documentary evidence of experience (work completion certificate, work
order etc.,) having successfully completed similar works during the last 3 years as
mentioned in the clause 1.3, (Eligibility criteria)
(d) Copies of the following documents to be enclosed:
1. Copy certificate of Registration of the company,
2. Copy of PAN card
3. Copy of Service tax / VAT registration
(e) The bid should be accompanied by two separate Demand drafts for Tender fee for
Rs.500/-(non-refundable) and EMD of Rs.15,000/- (Rupees Fifteen Thousand
Only). Tender document can also be obtained directly from MSITS, against payment
of Rs.500/- [Rupees Five Hundred only]. The bid received without tender fee and
EMD will not be considered.
(f) Complete set of the tender document duly signed and affixing the office seal,
including the blank financial bid.
(g) Any other related documents,
2.3 Contents of Financial Bid: The financial bid shall contain the financial details of the
tender as per the format – Annexure II
SECTION – II
INSTRUCTIONS TO BIDDERS
1. INTRODUCTION
1.1 Definitions:
(a) “Purchaser”, “Employer”, “MSITS” means the MTNL STPI IT Services Ltd.
(b) “Bidder” means any registered entity engaging in business such as a proprietorship,
partnership, private concern or corporation who participates in this tender and submits
its bid.
MSITS_CAMC for CAC.doc Page 5 of 25
(c) “Contractor” means any registered entity engaging in business such as a proprietorship,
partnership, private concern or corporation who supplying the goods / services under the
contract.
(d) “Comprehensive AMC of Comfort ACs” means specifications mentioned in Section IV,
which the Contractor is required to take for AMC under the contract.
(e) “Contract” means the agreement between Purchaser and Contractor regarding the work
to be executed by the contractor as defined in the scope of work.
(f) “Price” means the price payable to the Contractor under the MSITS order for the full
and proper performance of its contractual obligations.
The Bidder is expected to examine all instructions, forms, terms and specifications in the
Bid Documents. Failure to furnish all information required as per the Bid
Documents or submission of bids not substantially responsive to the Bid Documents
in every respect will be at the bidder's risk and may result in rejection of the bid.
1.2 CLARIFICATION OF BID DOCUMENTS BY CONTRACTOR:
A prospective bidder, requiring any clarification of the Bid Documents shall notify the
MSITS in writing or by Fax at the MSITS's mailing address indicated in the Invitation for
Bids. The clarification will be accepted before 10(ten) days from the due date of tender.
The reply will be hosted in MSITS official website and also communicated to respective
bidders within 3(three) working days.
2. PREPARATION OF BIDS
2.1. DOCUMENTS COMPRISING THE BID:
2.1.1 Clause by Clause compliance demonstrating substantive responsiveness to the
financial condition by signing and stamping on all the pages of the original bid
document No. MSITS/CHE/DCI/AMC/CAC/2013-14/03 (Containing 25 pages)
including any corrigendum by authorized person(s).
2.1.2 The financial bid shall contain blank price schedule in which the values will be filled
in the appropriate columns.
2.1.3 The undertaking of the bidder that they will enter into a Non Disclosure Agreement
with MTNL–STPI IT Services Ltd. as per format given in Annexure-IV.
2.1.4 Conditional bids will not be accepted.
2.1.5 The contractor shall submit the tender only after carefully examining the whole of the
tender documents and the conditions of tender and of contract, scope of work etc.
Note: All the documents submitted (whether original or photocopy) in the bid must be
legible & self attested.
MSITS_CAMC for CAC.doc Page 6 of 25
2.2 Site Visit:
Bidders are advised to inspect, examine the site / equipments and its surrounding and
satisfy themselves before submitting their tenders. A tenderer shall be deemed to have full
knowledge of the site / equipments whether he inspects it or not and no extra charges
consequent on misunderstanding or otherwise shall be allowed. For inspection, please
contact the Admin/Technical Department.
3. BID PRICES:
3.1 The bidder shall give the total composite price inclusive of all levies and taxes. The basic unit price and all other components of the price need to be individually
indicated against the Price Schedule given in financial bid. The offer shall be in
Indian Rupees only. No foreign exchange will be made available by the MSITS.
3.2 The rate/amount of Excise duty and Service Tax/VAT, prevalent on the date of
tender, should be clearly indicated in the tender itself, if it’s not mentioned, it will be
treated as included as inclusive.
3.3 Rates shall be quoted in words and figures. The amount should be worked out to
whole number, without fractions
3.4 Prices indicated on the Price Schedule shall be entered in the following manner:
(i) The price for AMC shall be quoted total price (inclusive of all taxes and levies,
transports, insurance etc) item wise.
(ii) The bidder shall quote only one price for each item. The price indicated by the
bidder is firm and no modification in the price will be accepted.
4. EARNEST MONEY DEPOSIT (EMD):
4.1 The bidders shall furnish, as part of his bid, a EMD for an amount of Rs.15,000/-
(Rupees Fifteen Thousand only) in the form of Demand Draft/ Banker Cheque from
any commercial Bank in favour of “MTNL STPI IT Services Ltd” payable at
Chennai. The EMD or Performance security will bear no interest whatsoever. The
EMD & Tender fee should be enclosed with the Technical bid of tender document.
4.2 The EMD is required to protect the MSITS against the risk of bidder's conduct, which
would warrant the EMD's forfeiture.
4.3 A bid not secured in accordance with Para 4.1 shall be rejected by the MSITS being
non-responsive at the bid opening stage and returned to the bidder unopened.
4.4 The EMD of the unsuccessful bidder will be discharged /returned to them at the
earliest / 30 days after award of contract/order. The EMD of successful bidder will be
retained as Retention Money and the same will be returned after one month from the
date of settlement of final bill without any interest.
MSITS_CAMC for CAC.doc Page 7 of 25
4.5 The EMD may be forfeited:
(a) If a bidder withdraws his bid during the period of bid validity.
(b) In the case of a successful bidder, if the bidder fails to sign the contract and
not furnished the performance security.
(c) Failure to fulfill the contract.
The bidder will not be eligible to participate in the tender for same item for three year from the
date of issue of order if EMD/Performance guarantee is forfeited.
5. PERIOD OF VALIDITY OF BIDS:
5.1 Bid shall remain valid for 120 days after the date of bid opening prescribed by the
MSITS.
5.2 In exceptional circumstances, the MSITS may request the bidder's consent for an
extension to the period of bid validity. The request and the responses thereto shall be
made in writing. The EMD provided under Clause 4 shall also be suitably extended.
A bidder may refuse the request without forfeiting his EMD amount. A bidder
accepting the request and granting extension will not be permitted to modify his bid.
6. FORMATS AND SIGNING OF BID:
6.1 All pages of the Technical bid and the Financial bid, except for un-amended printed
literatures, shall be signed by the person or persons signing the bid. The bids
submitted shall be sealed properly.
6.2 The bid shall contain no insertions, erasures or overwriting except as necessary to
correct errors made by the bidder in which case such corrections shall be signed by
the person or persons signing the bid.
7. LATE BIDS:
Any bid received by the MSITS after the due date & time for submission of bids prescribed
by the MSTIS shall be rejected and returned unopened to the bidder.
8. OPENING OF BIDS BY MSITS:
8.1 The MSITS shall open bids in the presence of bidders or their authorized
representatives who choose to attend, at 3.30 P.M. on due date. The bidder’s
representatives, who are present, shall sign in a register. Authorization letter or
Business card of the participating official shall be provided before participating in bid
opening.
8.2 A maximum of two representatives for any bidder shall be authorized and permitted
to attend the bid opening.
MSITS_CAMC for CAC.doc Page 8 of 25
8.3 The date fixed for opening of bids, if subsequently declared as holiday by the MSITS,
Chennai, the revised date of schedule will be notified. However, in absence of such
notification, the bids will be opened in the next working day, time and venue
remaining unaltered.
8.4 The Two bid tendering process comprise the following,
a) The technical bids will be opened in the first stage, at 3.30 P.M. on 07.10.2013
and the same will be scrutinized and evaluated by the competent
committee/authority with reference to parameters prescribed in the tender
documents and the offers received from the tenderers.
b) In the second stage, the financial bids of only the technically accepted offers (as
decided in the first stage above) will be opened for further scrutiny, evaluation,
ranking and placement of contract. The financial bids of the eligible bidders will
be opened only after intimating the date and time to bidder through mail/fax, etc.,
9. CLARIFICATION OF BID DOCUMENTS BY MSITS
To assist in the examination, evaluation and comparison of bids the Purchaser may, at its
discretion ask the bidder for the clarification of its bid. The request for clarification and the
response shall be in writing. However, no post bid clarification at the initiative of the
bidder shall be entertained after opening of the tender.
10. TENDER EVALUATION:
10.1 MSITS shall evaluate the bids to determine whether they are complete, whether
required sureties have been furnished, whether the documents have been properly
signed and whether the bids are generally in order.
10.2 Tender committee will scrutinize the bids based on the eligibility criteria and
technical specification compliance. The technically qualified bidders only will be
called for financial bid opening.
10.3 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy
between the unit price and total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total price shall be corrected by the
MSITS. If there is a discrepancy between words and figures, the amount in words
shall prevail. If the Contractor does not accept the correction of the errors, his bid
shall be rejected.
10.4 The evaluation and comparison of responsive bids shall be done on the price of the
goods offered inclusive of Levies & Taxes i.e., Sales Tax, VAT & Excise Duty,
packing, forwarding, freight and insurance etc. as indicated in the Price Schedule of
the Bid Document.
10.5 The MSITS may waive any minor 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.
11. CONTACTING MSITS:
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11.1 No bidder shall try to influence MSITS on any matter relating to its bid, from the
time of tendering till the time the contract is awarded.
11.2 Any effort by a bidder to influence the MSITS in the MSITS's bid evaluation, bid
comparison or contract award decision shall result in the rejection of the bid.
12. MSITS’s RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:
12.1 The MSITS reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids, at any time prior to award of contract without assigning
any reason whatsoever and without thereby incurring any liability to the bidder or
bidders on the grounds for the MSITS's action.
12.2 MSITS reserves the right to receive and, if it thinks fit, to consider and accept a
non-complaint proposal. The acceptance or rejection of a non-complaint proposal
is entirely a matter for MSITS in its absolute discretion.
Any deviations / irrelevant specifications in this tender will not be accepted.
13. PLACEMENT OF ORDER:
The MSITS shall consider placement of orders on the bidder whose offer has been found
technically and financially acceptable. MSITS has full rights to place order on fully or
partially.
14. ANNULMENT OF AWARD:
a) MSITS reserve the right to terminate the contract with one month notice if the
services are dissatisfactory or in case of violation of any terms and conditions of the
contract.
b) MSITS reserve the right to cancel the order without assigning any reasons at any
stage. MSITS reserves the right to disqualify the Contractor for a suitable period who
habitually failed to take the Comprehensive AMC for Comfort Air-conditioners.
MSITS reserves the right to blacklist a bidder for a suitable period in case he fails to
honour his bid without sufficient reasonable grounds.
15. FORCE MEJEURE:
Neither MSITS nor the CONTRACTOR shall be liable to the other for any delay in or
failure of performance of their respective obligation under the agreement caused by
occurrences beyond the control of MSITS or the Contractor including but not limited to
acts of God, acts to the public enemy, war, insurrections, riots, strikes, lockouts, sabotage,
any law, status or ordinance, thereof of any other local authority, or any compliance
therewith or any other causes, contingencies of circumstances similar to the above. Either
party shall promptly but not later than twenty days thereafter notify the other of the
commencement, and cessation of such contingencies, and if such contingencies continue
beyond three months. Both parties agree upon the equitable solution for termination of this
agreement or otherwise decide the course of action to be adopted.
MSITS_CAMC for CAC.doc Page 10 of 25
16. ARBITRATION:
If, a dispute arises out of or in connection with this contract, or in respect of any defined
legal relationship associated therewith or derived there from, the parties agree to submit
that dispute to arbitration under the ICADR arbitration rule, 1996. The venue of the
arbitration shall be at Chennai. The language of the arbitration proceedings shall be in
English.
The authority to appoint the Arbitrator(s) shall be the International Centre for Alternative
Dispute Resolution (ICADR). The International Centre for Alternative Dispute Resolution
will provide administrative services in accordance with the ICADR Arbitration Rules,
1996.
SECTION – III
CONDITIONS TO THE BIDDERS
1. GENERAL TERMS AND CONDITIONS:
a. Period: The contract will be for a period of Three(3) years. However the contract may be
terminated with two months notice, if the performance/service of the contractor is found
unsatisfactory. The Comfort AC units have to be taken over as it is. After the expiry of
the contract period, the service need not be continued taking it as deemed extension of
period. The Comfort AC units have to be handed over in full working condition to the
satisfaction of MSITS as on the date of expiry of the contract.
Extension of this Agreement shall be negotiable for the further period after 3 years
depending on the performance of the contractor during the above AMC period term.
b. Delivery/Execution of order: The work shall be carried out at MTNL STPI IT Services
Ltd, No.5, Rajiv Gandhi Salai, Taramani, Chennai 600 113 as per the direction of the
officer in charge.
c. Payment: No advance payment will be made. Mode of payment will be Quarterly (i.e., at
the end of each quarter) after successful execution of the works under this agreement and
within 15 days from submission of invoice, service reports etc., Payments to the
Contractor will be through Account Payee cheques only. Income tax plus surcharge on
income tax etc will be recovered at the prevailing rate. Works Contract Tax at the
prevailing rate will be recovered as per the case. MSITS reserves the right to adjust any
over-payment of AMC charges in any quarter, any time during the period of AMC.
d. Liquidity Damages: Refer Section IV, Point 4.8.
MSITS has the right to impose fine and recover from the contractor for noncompliance of
the requirements. Decision of MSITS will be final and binding. MSITS is entitled to
withhold payments due to the contractor, in case of dispute of claims till it is resolved.
MSITS_CAMC for CAC.doc Page 11 of 25
e. Scope: The contract covers Comprehensive Annual Maintenance of Comfort Air-
Conditioning Systems at MSITS, Chennai. The details of the same are given in
Section-IV. The work should be executed in coordination with other agencies that the
MSITS may employ to carry out items of work not covered in your tender.
f. Agreement: The notice inviting tenders, conditions of the tender and the duly completed
form of the tender will form part of the agreement to be executed by the successful
contractor with MSITS on non-judicial stamp paper of Rs.100/- within 10 days. The
format of the agreement is enclosed herewith as Annexure III.
g. Security Deposit/Retention money: The earnest money will be retained in the case of
successful bidder/contractor as part of the security for due fulfillment of the contract. The
successful bidder of the contract has to submit a Performance Guarantee either by
way of Fixed Deposit or Bank Guarantee receipts of Rs.60,000/- (Rupees Sixty
Thousand only) within one week from the day of obtaining the contract. The bank
guarantee along with the sum already deposited as earnest money will amount to security
deposit of 10% of the tendered value of work. The security deposit or retention money
will bear no interest whatsoever.
2. SPECIAL CONIDTIONS:
2.1 The contract covers servicing and comprehensive maintenance of Comfort Air-
conditioning systems. i.e., Comfort AC units. Bidder shall inspect the system before
Quoting. The bidder shall draw to have full knowledge of installation whether he
inspect it or not.
2.2 The service representative shall make one visit per month (during normal working
hours i.e. 9.00 A.M to 5.00 P.M) for normal check-up/servicing on the date mutually
agreed upon to ensure proper functioning of Comfort AC systems at all time.
The contractor shall carry out the periodic preventive maintenance for all the CAC
units once in two(2) months/bi-monthly to ensure proper functioning of CACs.
2.3 The scope of this contract includes all major and minor repairs and breakdowns if
any. The contractor shall attend unlimited breakdown calls in between routine service
calls immediately on receipt of breakdown calls.
2.4 No spares or any other items will be supplied by MSITS. All men & tools are to be
arranged by the contractor only.
2.5 It has to be ensured by the bidder that the Comfort Air conditioners system is always
in working condition.
2.6 Service offered under this contract shall be in accordance with the service instructions
and standard practice as per original Comfort Air conditioners manufacturer.
2.7 The contractor shall maintain services log book for each CAC system and record the
nature of service rendered in each time by the service representative and the same
shall be duly got signed by the official in charge of the work of MSITS.
MSITS_CAMC for CAC.doc Page 12 of 25
2.8 The system(s) under question is in operation for a tier-III data center. The contractor
shall ensure that the performance of this system shall not affect the overall working/
performance of the said data center in meeting the requirements/standards as
envisaged for tier-III data center.
SECTION – IV
1. SPECIFICATION OF COMFORT AIR-CONDITIONING SYSTEMS:
1.1 Scope: Comprehensive Annual Maintenance for Comfort Air-Conditioning Systems
(4.5TR – 5 No.s and 2TR – 4 No.s).
1.2 Installation: The above system is installed at MSITS, No.5, Rajiv Gandhi Salai,
Chennai-113 in Nov-2009.
1.3 The specifications of the Comfort ACs (4.5TR – 5 No.s & 2TR – 4 No.s) are as
follows:-
(a) Comfort AC Type : Vertical (Floor Standing)
Make/Manufacturer : Bluestar
Model : VCE541R
Capacity : 4.5 TR
No. of Standing CACs : 5 No.s.
Date of Installation : Nov-2009
(b) Comfort AC Type : Room AC (Window)
Make/Manufacturer : Bluestar
Model : WAE241YB
Capacity : 2 TR
No. of Window CACs : 4 No.s.
Date of Installation : Nov-2009
1.4 Comprehensive AMC includes Comfort ACs indoor units, outdoor units, pipe lines
etc.
1.5 All servicing, maintenance and replacement shall be done with the knowledge of
MSITS.
1.6 Servicing of the A/c shall be done as per norms laid down by the manufacturers.
1.7 The firm’s representative shall maintain log book.
MSITS_CAMC for CAC.doc Page 13 of 25
2. ANNUAL COMPRHENSIVE MAINTENANCE FOR CAC SYSTEMS:
2.1. The scope of the AMC shall cover the following:
a) Diagnose the faults and rectify the defect detected in reasonable time
b) Repair/replace the faulty units/parts etc of the equipment
c) Carry out the periodic preventive maintenance
d) Upkeep of the system, recording required readings and maintaining log book of
Works carried out.
2.2 The contractor shall be solely responsible for the maintenance, repair, replacements
and supply of required parts etc. The dismantled parts can be taken by contractor. The
employer shall not be liable to interact with any of the partners/collaborators or
subcontractors of the contractor.
2.3 The maintenance provided shall be fully comprehensive shall include but not limited
to all equipments, labor, parts and emergency calls providing and site response within
24 hours. During the maintenance period consumable materials will be arranged by
the contractor.
2.4 Maintenance Schedule of Comfort Air-conditioning Systems:
The contractor shall do the Preventive Maintenance for all the Comfort Air-
conditioning systems once in two(2) months to ensure smooth operation.
Comfort Air-
Conditioning
System
Indoor Units,
Outdoor
Units
1. Cleaning of Air filters, meshes. Replacement of damaged
items, if any.
2. Check and cleaning of condenser coil, cooling coil, drain
line and Total unit electrical units and electrical wiring
tightness.
3. Check refrigerant level, leak test with electronic leak
detector. If abnormal, trace fault and rectify as necessary.
Inform department in witting on the rectification.
4. Check and note all major parameters like power readings,
operating pressure and temperature etc.
5. Inspect and adjust, if required, all operating safety controls.
6. Visually inspect machine and associated components, and
listen for unusual sound or noise for evidence of unusual
conditions.
7. Providing written report to Department, outlining services
carried out, adjustment made, rectification carried out and
if the deficiency, is of a major nature, arrange with
department for shut - down to rectify equipment.
2.5 Consumable materials
The contractor shall supply the following consumable materials as and when
required:-
MSITS_CAMC for CAC.doc Page 14 of 25
a) Oils and greases required for lubrication of compressors, fan bearings, motors
bearings, pivots and other moving parts.
b) Refrigerant required for topping up. Refrigerant loss if due to manufacturing defect or
due to negligence shall be made good by the contractor
c) Consumable filter elements/rolls.
d) Carbon brushes required to replace worn brushes in electric motors.
e) Electric contact points required to replace worn electric contact points in switch
gears, motor starter gears, electronic control gears and electric relays.
f) Electric fuses required to replace blown fuses.
g) Just before the expiry of the contract, the contractor shall carry out a complete system
operability test on all the systems of sub-systems as called for in the contract.
h) The purpose of the test is to verify that the performance of all the systems or sub
systems in the contract is in accordance to the specifications.
i) All tests shall be carried out in the presence of the Engineer-in-Charge or his
representative.
j) The contract period is deemed to be over if the department or his representative is
completely satisfied with the system performance during the test.
3. REPAIR AND MAINTENANCE:
3.1 Support Centre:
The contractor shall have support centre at Chennai. This is in addition to staff
required to be posted at site (if indicated in contract) The contractor shall furnish the
names, locations, complete postal address, telephone numbers and FAX numbers of
all technical support centers and also alternate contact persons including contractor.
Any change in the above details shall have to be intimated in writing by the
contractor to the in charge of the employer at the earliest.
3.2 Responsibilities of Support Centre
a) The contractor shall ensure that all the centers are manned by fully competent and
responsible personal and capable to attend the fault.
b) The contractor shall also ensure centres are manned and are able to provide
service to the employer all the seven days of the week throughout the year. The
level of service provided to the employer shall not affect due to any day being
holiday or for any other reason.
c) The contractor shall ensure that minimum stocks of critical genuine spare
parts/units of the system are maintained as spare stock at the site. On expiry of
contract unused parts can be taken back by contractor.
MSITS_CAMC for CAC.doc Page 15 of 25
4. TECHNICAL SUPPORT PROCEDURE:
4.1 In case of any fault, abnormality from the services offered by the said system, the
officer in charge of the employer shall immediately contact the designated support
centre of the contractor and give information about the nature of fault over phone /
FAX / e-mail.
4.2 The details of the faults reported shall be recorded in a prescribed format, called the
“FAULT – DOCKET” as given in Annexure-III(A).
4.3 Even if the fault is reported over phone to the centre a copy of the fault docket duly
filled by the site in charge of employer shall be sent by FAX or E mail to the centre
for record. The time of occurrence of fault as recorded in the fault docket shall only
be taken into consideration for calculating the actual duration of faults and shall be
final and binding.
4.4 Similarly after rectification of fault a fresh fault docket duly filled in the time of
restoration and total duration of fault shall be sent by in charge of the employer to the
centre.
4.5 The fault docket shall be filled with utmost care giving all the details of the fault and
shall be authenticated by signature of the in charge of the employer.
4.6 The contractor shall also ensure inspection of their experts and competent technical
staff in case the fault is not rectified by the centre properly.
4.7 Once the fault has been rectified and the system is restored to normalcy the Engineer
of the contractor shall record in the log book, the details of works done by them for
restoration of faults and also record the details of steps to be taken and procedures to
be followed for not only restoration of similar faults by employer but also for
preventing the occurrence of faults in future.
4.8 Any down time in the system affecting the availability of service under AMC shall be
considered critical and liable to cause imposition of liquidated damage @ Rs.500/-
per day or part there of, of delay for restoration of fault counted from the time of
reporting to the centre beyond reasonable time as assessed by the employer which
shall be final and binding.
And also any down time in the system affecting the availability of service of the
MSITS Data center shall be considered critical and liable to cause imposition of
penalty @ Rs.5,000 per day of delay for restoration of fault counted from the time of
reporting to the centre beyond reasonable time as assessed by the employer which
shall be final and binding.
The penalty/s shall be deducted from the quarterly bills. The maximum value of
penalty shall not exceed 10% of AMC amount in that quarter.
MSITS_CAMC for CAC.doc Page 16 of 25
ANNEXURE - I
TECHNICAL BID:
1. Turnover for last 3 (THREE) years
(Copies of P & L A/c and Balance Sheet to be enclosed)
Financial Year Turn over Supporting Document
2010-11
2011-12
2012-13
2. The contractor should have completed similar works i.e., C-AMC for Comfort Air
conditioning systems during the last 3 years. Proof for completion of contracts to be
enclosed.
Sl. No. Year Name of the client with the
address and contact number
Contract
Value Proof submitted
3. Certificates of Satisfactory work completion, Work order/s of above mentioned work may be
submitted. If it is noticed that any client did not find the work carried out satisfactory, the
tenders of such bidders will be treated as invalid.
4. Copy of the proof for OEM or authorized by OEM.
5. Copy of PAN Card.
6. Copy of Service tax registration certificate/TIN/VAT.
7. Copy of Registration / Incorporation of the firm/company.
8. Complete set of signed Tender Document.
9. Tender Fee of Rs.500/- vide DD No.__________ dated _________ and EMD amount of
Rs.30,000/- vide DD No.___________ dated _________.
I certify that all the terms and conditions of the tender documents are acceptable to us.
Signature of the authorized person
Name:
Designation:
Company Seal:
Date :
Place:
MSITS_CAMC for CAC.doc Page 17 of 25
ANNEXURE - II
FINANCIAL BID:
1. Name, address & Contact No. Of the concern:
2. Rate shall include cost of transportation of staff from contractor office to site etc.,
Sl.
No
Particulars Amount in Rs.
(for 1st Year)
Amount in Rs.
(for 2nd
Year)
Amount in Rs.
(for 3rd Year)
Total Amount
(for 3 Years)
in Rs.
1) Comprehensive AMC for Comfort
Air-Conditioning Systems
(Comfort ACs)
(4.5TR – 5 No.s and 2TR – 4 No.s)
[for the period of 3years]
2)
Taxes (mention the % also)
3) Total Amount
(Rupees___________________________________________________________only)
I certify that all the terms and conditions of the tender documents are acceptable to us.
Signature of the authorized person
Name:
Designation:
Company Seal:
Date :
Place:
MSITS_CAMC for CAC.doc Page 18 of 25
ANNEXURE – III
AGREEMENT
Articles of agreement made this ______ (date) between MTNL STPI IT Services Ltd, No.5, 3rd
Floor, Rajiv Gandhi Salai, Taramani, Chennai-600113, through Authorised Signatory
(hereinafter called the “MSITS”) of the one part
and
M/s ___________________________________________________________________, through
Authorised Signatory (hereinafter called the “Contractor”) of the other Part.
whereas the MSITS is desirous of entrusting providing _________________ (name of the work)
at ___________ (places) to the contractor under this agreement as per the tender conditions of
contract.
And whereas the Contractor has agreed to execute the _______________ (name of the work) in
MSITS ___________ (places) as per conditions in the Tender No: ______, dated _______ (date)
and work order No: ___, dated _________ (date). The period of contract is from ________ to
_________.
MSITS_CAMC for CAC.doc Page 19 of 25
NOW IT IS HEREBY AGREED AS FOLLOWS
1. In consideration of the sum of Rs.________/= (Rupees ________________ only) to be
paid at the time and in the manner set forth in the said conditions of the tender, the contractor
shall upon and subject to the said conditions execute and complete the work as per conditions in
the tender.
2. The Employer will pay to the contractor the said amount of Rs.________/= (Rupees
____________________ only) or such other sum as shall become payable hereunder at the times
and in the manner specified in the said conditions.
3. The said conditions, shall be read and construed as forming part of this agreement, and
the parties hereto shall respectively abide by and submit themselves to the conditions and
stipulations and perform the agreement on their parts respectively in such conditions contained.
SCHEDULE I
1. Tender No. & Document complete set___________
2. Vendor letter reference No.____________________ dated _________ for the tender.
3. Reference No._______ dated___________ towards rate acceptance from the Vendor/MSITS
4. Purchase order No. ___ dated ________/ Work order No.___ dated ________
(format is mentioned in Schedule-I) will vary on case to case basis)
As witness our hand the day and year first above written
Signed by MSITS : _____________________________
In the presence of :
Name: _______________________ Name: _______________________
Signature: ____________________ Signature: ____________________
Occupation: __________________ Occupation: __________________
Address: _____________________ Address: _____________________
_____________________________ _____________________________
_____________________________ _____________________________
Signed by the Contractor : ____________________________
In the presence of:
Name: _______________________ Name: _______________________
Signature: ____________________ Signature: ____________________
Occupation: __________________ Occupation: __________________
Address: _____________________ Address: _____________________
_____________________________ _____________________________
_____________________________ _____________________________
MSITS_CAMC for CAC.doc Page 20 of 25
ANNEXURE- III ( A )
MTNL STPI IT SERVICES LTD
FAULT- DOCKET
Name of Site: Docket Sl. No:
File No: Date:
From:-
Name:
(Of the officer incharge/duty officer of the station)
Designation
To,
M/s __________________
Adress: _______________,
________________
(OF THE Technical Support/Center)
1.1 Date ________________ Time _______________ (of occurrence of fault)
1.2 Date ________________ Time _______________ (of Reporting of Fault)
2. Fault Reported to: Technical support Center ( Name of the person) on phone :
3. Mode of Reporting : Phone, FAX, e-mail/ Pager
( Tick whichever is applicable)
4. Description of fault & observation of the reporting officer:
5. Details of Services affected :
6. Date_________ Time _________ ( of receiving the 1st
assistance over
phone from Technical support Center)
7. Details of Assistance received:
(Note: Add additional sheet if needed.)
8. Was the fault restored by following the instructions given over phone ?
A- YES B- NO ( Tick whichever is applicable)
MSITS_CAMC for CAC.doc Page 21 of 25
9. If Yes, record the date & time of restoration & duration of fault :
10. Date____________ Time _________( in hours & minutes)
Duration of Fault: ________ days _____ Hours _____minutes.
11. Was the fault restored:
A- Partially B- Fully ( Tick whichever is applicable)
12. If the fault is not restored or restored only partially, give details of
observation:
( Note: Add additional sheet if needed )
13. Note : date & time of giving feed back vide Srl No:14 above to the Technical support Center:
( only in the event of partial / non restoration of faults )
Date ________________ Time ____________ . ( in hours & minutes)
14. Date & Time of arrival of Contractor’s Expert at site / station of fault :
Date ___________ Time ___________ . ( in hours & minutes)
15. Brief observation and works done by the CONTRACTOR’s staff / expert :
( detailed entry to be made by CONTRACTOR’s staff in the station Log-Book)
16. Date & Time of complete restoration of the system:
Date ____________ Time ____________ . ( in hours & minutes)
17. Total Duration of Fault: _________ days _______ hrs ______minutes.
18. Remarks of Station in charge (if any) :
19 Remarks of visiting engineer ( of CONTRACTOR), if any :
Signature :
Name :
Designation:
(of MTNL STPI IT SERVICES LTD. staff / in charge of the site)
Note : 1. Each page of the Docket must be signed by designated officer of MTNL STPI IT
SERVICES LTD. (including the additional sheets, if attached)
2. A copy of the Fault- Docket must be sent to the Technical support Center of the
CONTRACTOR, immediately by FAX / E-Mail after restoration of fault.
MSITS_CAMC for CAC.doc Page 22 of 25
Annexure-IV
(to be executed on Rs.100/- Non-Judicial Stamp Paper)
Mutual Non- Disclosure Agreement
This Agreement is made as of the _______________ 2013 between MTNL STPI IT Services Ltd. a
Government of India Enterprise, having its registered and Corporate office at _________________
________________ hereinafter called MTNL-STPI IT Services Ltd. which expression shall unless
repugnant to the subject or the context mean and included its successors, nominees or assigns and
(M/s ____________________________ ) a company having its registered office at ____________
______________________________ herein after called “The Bidder” which expression shall unless
repugnant to the subject or the context mean and include its successors, nominees or assigns.
Whereas in order to pursue the mutual business purpose of this particular contract as specified in
Exhibit A (the “Business Purpose”), MTNL-STPI IT Services Ltd. and M/s ___________________
recognize that there is a need to disclose to one another certain information, as defined in Para 1
below, of each party to be used only for the Business purpose and to protect such confidential
information from unauthorized use and disclosure.
In consideration of the other party’s disclosure of such information, each party agrees as follows:
1. This Agreement will apply to all confidential and proprietary information disclosed by one party
to the other party, including information listed in Exhibit A attached hereto and other information
which the disclosing party identifies in writing or otherwise as confidential before or within thirty
days after disclosure to the receiving party (“Confidential information”). Information consists of
certain specifications, designs, plans, drawings and /or technical information, and all copies and
derivatives containing such information, that may be disclosed to one another for and during the
purpose, which a party considers proprietary or confidential (“Information”). Information may be
in any form or medium, tangible or intangible, and may be communicated/disclosed in writing,
orally, or through visual observation or by any other means to one party (hereinafter referred to
as the receiving party) by the other party (hereinafter referred to as one disclosing party).
Information shall be subject to this Agreement, if it is in tangible form, only if clearly marked as
proprietary or confidential as the case may be, when disclosed to the receiving party or, if not in
tangible form, its proprietary nature must first be announced, and it must be reduced to writing
and furnished to the receiving party within thirty (30) days of the initial disclosure.
2. M/s __________________________ and MTNL-STPI IT Services Ltd. hereby agreed at during
the Confidentiality Period:
a) The receiving party shall use Information only for the Purpose, shall hold
Information confidence using the same degree of care as it normally exercises to protect
its own proprietary information, but not less than reasonable care, taking into account
the nature of the Information, and shall grant access to Information only to its
employees who have a need to know, but only to the extent necessary to carry out the
business purpose of this project as defined in exhibit A, shall cause its employees to
MSITS_CAMC for CAC.doc Page 23 of 25
comply with the provisions of this Agreement applicable to the receiving party, shall
reproduce Information only to the extent essential to fulfilling the purpose, and shall
prevent disclosure of information to third parties.
b) Upon the disclosing party’s request, the receiving party shall either return to the
disclosing party all Information or shall certify to the disclosing party that all media
containing Information have been destroyed. Provided, however. That an archival copy
of the Information may be retained in the files of the receiving party’s counsel, solely
for the purpose of proving the contents of the Information.
3. The foregoing restrictions on each party’s use or disclosure of Information shall not apply to
Information that the receiving party can demonstrate
a) was independently developed by or for the receiving party without reference to the
Information, or was received without restrictions; or
b) has become generally available to the public without breach of confidentiality obligations
of the receiving party; or
c) was in the receiving party’s possession without restriction or was known by the receiving
party without restriction at the time of disclosure; or
d) is the subject of a subpoena or other legal or administrative demand for disclosure;
provided, however that the receiving party has given the disclosing party prompt notice
of such demand for disclosure and the receiving party reasonably cooperates with the
disclosing party’s efforts to secure and appropriate protective order; or
e) is disclosed with the prior consent of the disclosing party; or
f) was in its possession or known to it by being in its use or being recorded in its files or
computers or other recording media prior to receipt from the disclosing party and was not
previously acquired by the receiving party from the disclosing party under an obligation
of confidence; or
g) the receiving party obtains or has available from a source other than the disclosing party
without breach by the receiving party or such source of any obligation of confidentiality
or non-use towards the disclosing party.
4. Each party agrees not to remove any of the other party’s Confidential Information from the
premises of the disclosing party without the disclosing party’s prior written approval. Each party
agrees to exercise extreme care in protecting the confidentiality of any confidential information,
which is removed, only with the disclosing party’s prior written approval, from the disclosing
party’s premises. Each party agrees to comply with any and all terms and conditions the
disclosing party’s may impose upon any such approved removal, such as conditions that the
removed confidential information and all copies must be returned by a certain date, and that no
copies are to be make off of the premises.
5. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing
party all tangible items containing or consisting of the disclosing party’s confidential information
all copies thereof.
6. Each party recognizes and agrees that all of the disclosing party’s confidential information is
owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use
of such confidential information would cause irreparable harm and significant injury, the degree
of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party
MSITS_CAMC for CAC.doc Page 24 of 25
will have the right to obtain an immediate injunction enjoining any breach of this agreement, as
well as the right to pursue any and all other rights and remedies available at law or in equity for
such a breach.
7. Access to information hereunder shall not preclude an individual who has seen such information
for the purpose of this agreement from working on future projects for the receiving party which
relate to similar subject matters provided that such individual does not make reference to the
information and does not copy the substance of the information during the confidentiality period.
Furthermore nothing contained herein shall be construed as imposing any restriction on the
receiving party’s disclosure or use of any general learning, skills or know how developed by the
receiving party’s personnel under this agreement, if such disclosure and use would be regarded
by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the
information.
8. As between the parties, all information shall remain the property of the disclosing party. By
disclosing information or executing this agreement, the disclosing party does not grant any
license, explicitly or implicitly, under any trademark, patent, copyright, mask work protection
rights, trade secret or any other intellectual property right. THE DISCLOSING PARTY
DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL
WARRANTIES WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS AND ALL WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH
INFORMATION. Execution of this agreement and the disclosure of information pursuant to this
agreement does not constitute or imply any commitment, promise, or inducement by either party
to make any purchase, or sale or to enter into any additional agreement of any kind.
9. Either party’s failure to enforce any provision, right or remedy under this agreement shall not
constitute a waiver of such provision, right or remedy.
10. This Agreement will be construed in, interpreted and applied in accordance with the laws of
India.
11. M/s. MTNL-STPI IT Services Ltd. has sole rights for the feasibility report submitted by
M/s.____________________________ for its use with other successful bidder for next Phase (if
any). If there is any conflict between earlier clauses and this clause then this clause shall prevail.
12. That in case of any dispute or differences, breach & violation relating to the terms of the
agreement. The said matter or dispute, difference shall be referred to sole arbitration of
Chairman, MTNL-STPI IT Services Ltd. or any other person appointed by him. That the award
of the arbitrator shall be final and binding on both parties. In the vent of such arbitrator to whom
the matter is originally referred to is being transferred or vacates his office on resignation or
otherwise or refuses to do work or neglecting his work or being unable to act as Arbitrator for
any reasons whatsoever, the Chairman, MTNL-STPI IT Services Ltd. shall appoint another
person to act as Arbitrator in place of out going Arbitrator and the person so appointed shall be
entitled to proceed further with the reference from the stage at which it was left by his
predecessor. The M/s _____________________________ will have No Objection in any such
appointment, that arbitrator so appointed is employee of MTNL-STPI IT Services Ltd. The said
Arbitrator shall act under the Provisions of the Arbitrator and Conciliation Act, 1996 or any
statutory modifications or reenactment there of any rules made thereof.
MSITS_CAMC for CAC.doc Page 25 of 25
13. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties with
respect to the parties respective obligations in connection with Information disclosed hereunder
and supersedes all prior oral and written agreements and discussions with respect thereto. The
parties can amend or modify this agreement only by a writing duly executed by their respective
authorized representatives. Neither party shall assign this Agreement without first securing the
other Party’s written consent.
14. This Agreement will remain in effect for one year from the date of the last disclosure of
Confidential Information., at which time it will terminate, unless extended by the disclosing party
in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by Their duly
authorized officers or representatives.
(M/s__________________________) (MTNL STPI IT Services Ltd.)
Signature: ______________________. Signature: _____________________
Printed Name: ___________________. Printed Name: __________________
Title: __________________________. Title: _________________________
Exhibit A
1. Business Purpose: Appointment of Contractor for “Name of the Tender” at MSITS Ltd Chennai.
2. Confidential Information of M/s. __________________ w.r.t RFP No.
3. Confidential information of MTNL-STPI IT Services Ltd. (MSITS):
• All sites and their related information.
• All information shared in oral or in written form by MTNL-STPI IT Services Ltd. with
M/s_______________________________.
• Information downloaded or taken in physical form shall be returned /destroyed after use not
copied.
MTNL-STPI IT Services Ltd:_________________ M/s __________________________
Signed Signed