request for proposal (rfp) … bhagat singh road, mumbai - 01 ... lt cdr jaideep singh mer, staff...

REQUEST FOR PROPOSAL (RFP)

HEADQUARTERS, WESTERN NAVAL COMMAND (NAVY)COMMAND IT OFFICE

SHAHID BHAGAT SINGH ROAD, MUMBAI - 01

INVITATION OF BIDS for ‘HIRING OF RESOURCES FOR MAINTENANCE OF EXISTING METROPOLITAN AREA NETWORK (MAN)

Request For Proposal (RFP) NoMG/3092/HME Dated 11 Nov 16

1. Bids in sealed cover are invited for supply of items/services listed in Part II ofthis RFP. Please super scribe the above mentioned title, RFP number and date ofopening of the Bids on the sealed cover to avoid the Bid being declared invalid.

2. The address and contact numbers for sending Bids or seeking clarificationsregarding this RFP are given below –

(a) Bids/queries to be addressed to: The Command IT Officer

(b) Postal address for sending the Bids:

The Flag Officer Commanding-in-Chief(for Command IT Officer)Headquarters, Western Naval CommandBallard Pier, Near Tiger GateNaval Dockyard, Mumbai Maharashtra – 400001

(c) Name/designation of the contact personnel: Lt Cdr Jaideep Singh Mer,

Staff Officer (IT)

(d) Telephone numbers of the contact personnel: 022 – 2275 1071

(e) E-mail id of contact personnel: [email protected]

(f) Fax number: 022 – 2275 1214

3. This RFP is divided into five Parts as follows: -

(a) Part I – Contains General Information and Instructions for the Biddersabout the RFP such as the time, place of submission and opening of tenders,Validity period of tenders, etc.

(b) Part II – Contains essential details of the items/services required, such asthe Schedule of Requirements (SOR), Technical Specifications, DeliveryPeriod, Mode of Delivery and Consignee details.

(c) Part III – Contains Standard Conditions of RFP, which will form part of theContract with the successful Bidder.

Headquarters, Western Naval Command

(d) Part IV – Contains Special Conditions applicable to this RFP and whichwill also form part of the contract with the successful Bidder.

(e) Part V – Contains Evaluation Criteria and Format for Price Bids.

4. Pre-Bid Conference. A pre-bid conference will be held at the office of theHQWNC/CITO at 1100 hrs on 22 Nov 16. Issues pertaining to the tender,specifications and any other queries sought by SELLERs will be discussed in detailto avoid any ambiguity. In order to obtain the requisite security clearance, theSELLERs are to forward the following information with regard to the participants(maximum 01 representatives per SELLER). The following information is to beforwarded by email at least one day prior to the Pre-Bid Conference date.

5. This RFP is being issued with no financial commitment and the Buyerreserves the right to change or vary any part thereof at any stage. Buyer alsoreserves the right to withdraw the RFP, should it become necessary at any stage.

(L Muthu kumar) CommanderStaff IT officer for Flag Officer Commanding-in-Chief


Part I- General Information

1. Last Date And Time For Depositing The Bids. The Techno-Commercial bid insealed envelopes is to be submitted to this office on or before 1200hrs on 08 Dec 16. Theresponsibility to ensure this lies with the Bidder.

2. Manner of Depositing the Bids. Tenders are to be submitted as SingleTechno-Commercial bid. The tenders are to be submitted in the tender box (Locationmentioned below). Tenders may be submitted through Speed Post/Registered post, but willnot be accepted through private couriers / fax / e-mail or by hand. This Unit will not beresponsible for offers, which are not received in time or lost due to postal negligence.Tenders received late shall be out rightly rejected. The Commercial offer should be submittedon or before the due date on the firm’s letter head in a sealed envelope super scribingTechno-Commercial bid and clearly marked “Hiring of resources for maintenance ofWNC MAN”.

3. Time and Date for opening of Bids. The bids will be opened on 08 Dec 16 at 1500Hrs. If due to any exigency, the due date for opening of the bids is declared a closed holiday,the bids will be opened on the next working day at the same time or on any other day/time,as intimated by this office.

4. Location of the Tender Box.

Tiger GateBallard PierNaval Dockyard, MumbaiMaharashtra – 400 001

(Tender box marked as ‘HQWNC/CITO’)

5. Place of Opening the Bids. The bids will be opened in the office of Command ITOfficer, Headquarters Western Naval Command, Mumbai. The bidders may depute theirrepresentatives duly authorized in writing, to attend the opening of bids on the due date andtime. The bid will be considered on assessment of compliance/suitability after Vendorevaluation of the bids is done by the Procurement Committee. A Procurement Committee willbe constituted to scrutinize/finalize the Contract. The Committee reserves the right to rejectany or all the tenders without assigning any reason thereof. The Commercial bid should beinclusive of all tax and levies applicable and Rate for each item for a period of oneyear is to be indicated as per the format given in Enclosure 3. The firm is to give anundertaking that the contract will not be subcontracted.

6. Forwarding of Bids: The Techno-Commercial bid is submitted sealed within onesingle envelope and super scribed with the Title, RFP number and date of opening of theBids. The Bids should be forwarded by Bidders under their original memo / letter head interalia furnishing details like TIN number, VAT/CST number, Bank address with NEFT Account ifapplicable, etc and complete postal & e-mail address of their office

7. Clarifications regarding Content of TE/Modification/Withdrawal of bids. Anyclarifications on the TE should be obtained by email [email protected]. The firm maymodify or withdraw his bid after submission provided that the written notice of modification or


mailto:[email protected]

withdrawal is received by the Client prior to deadline prescribed for submission of bids. Awithdrawal notice may be sent by email but it should be followed by a signed confirmationcopy to be sent by post and such signed confirmation should reach the purchaser not laterthan the deadline for submission of bids. No bid can be modified after the deadline forsubmission of bids. No bid can be withdrawn in the interval between the deadline forsubmission of bids and expiration of the period of bid validity specified. Withdrawal of a bidduring this period will result in Firm’s forfeiture of bid security. However the unit may at itsdiscretion ask the firm for clarification on the T bids during the technical evaluation.

8. Right of Acceptance or Rejection of Tender. Canvassing by the firm in anyform, unsolicited letter, conditional tender and post tender correction may invoke summaryrejection. The Competent Financial Authority i.e. Flag Officer Commanding-in-Chief, WesternNaval Command, Mumbai reserves the right to accept or reject any or all tenders withoutassigning any reasons whatsoever.

9. Unwillingness to quote. Firms unwilling to quote should ensure that intimation to thiseffect reaches before the due date and time of opening of the Bid, failing which the firm maybe delisted for the given range of items as mentioned in this tender Enquiry.

10. Validity of Offer. The firm’s offer should be valid for a period of 180 days from thedate of opening of tender.

11. Earnest Money Deposit . Bidders are required to submit Earnest Money Deposit (EMD)for amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) in favour ofPCDA(Navy), Mumbai along with their bids. The EMD may be submitted in the form of anAccount Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or Bank Guaranteefrom any of the public sector banks or a private sector bank authorized to conductgovernment business as per Form DPM-16 (Available in MoD website and can be providedon request). EMD is to remain valid for a period of forty-five days beyond the final bid validityperiod. EMD of the unsuccessful bidders will be returned to them at the earliest after expiry ofthe final bid validity and latest on or before the 30th day after the award of the contract. TheBid Security of the successful bidder would be returned, without any interest whatsoever, afterthe receipt of Performance Security from them as called for in the contract. EMD is notrequired to be submitted by those Bidders who are registered with the Central PurchaseOrganization (e.g. DGS&D), National Small Industries Corporation (NSIC) or any Departmentof MoD or MoD itself. The EMD will be forfeited if the bidder withdraws or amends impairs orderogates from the tender in any respect within the validity period of their tender.


Part II – Essential Details of Items/Services required

1. Schedule of Requirements – List of items / services required is as follows:-

(a) The WNC MAN was commissioned on Sep 09 and forms a part of the Navywide WAN (NEWN).There are abundant ‘Web contents’ which are hosted on the WNCMAN and used by all units of WNC for their day to day operations and their routineadmin works.The Western Naval Command in Mumbai comprises of more than 100units spread within South Mumbai and areas like Mankhurd, Ghatkopar, Worli, Malad,Karanja, Kurla, Powai, Santacruz, Vikhroli and Thane. With the commissioning ofWNC MAN, the proliferation of IT has grown exponentially in the last few years and asthe sword arm of the Navy, the WNC has taken giant steps towards automation andPaperless office. Such development has helped units connected by WNC MAN,including at Goa, Karwar and Porbandar to efficiently and seamlessly access andshare information and data. Presently, the running and maintenance is carried outby AMC which is due to expire on 14 Dec 16. During the last AMC it was observed thatservices of engineers were extensively utilized. However, the repair part of AMC wasunderutilized. Considering the underutilization of repair component of AMC it isrecommended that instead of having an AMC, dedicated manpower be hired tomanage and ensure seamless connectivity.

(b) In order to maintain IT infrastructure up to date, lot of patches have to bepushed on regular basis to all IT assets available. These patches include OS, Antivirusand other Software updates. As limited bandwidth is available during working hours itis required that these patches be pushed during off working hours when the networktraffic is less. To achieve proper and seamless updation it is required that pushingupdates be monitored and regulated. Further for 365 X 24 X 7 availability of WNCMAN it is required that HQWNC Server room as well as DR site be manned 24 X 7. Inview of the above it is required that 03 in no engineers including team leader bepresent during working hours (0830 hrs to 1800 hrs) for monitoring and providingtechnical support and further 02 in no engineers be present in off working hours (1730hrs to 0900 hrs of next day) for resolving any issues pertaining to WNC MANavailability. These resources will work under close supervision of service personnel.

2. Roles and Responsibility. The roles and responsibility of the Manager/Engineers arefollowing;-

(a) Qualification and technical proficiency Of Network Manager

(i) BE/BTECH in IT or Computer Science.

(ii) CCNA/CCNP qualified or equivalent certification from other top OEMS.

(iii) MCSA server 2012.

(iv) MCSE server infrastructure.

(v) Familiarity with VPNS, VOIP, SIP TRUNKING, BGP, VLAN.


(vi) Operation level knowledge of anti-virus, anti-spam, anti –spyware andother security related technology.

(vii) Operation level knowledge of switching and routing.

(vii) Minimum experience of 08 years as a network manager.

(b) Roles and responsibility of Network Manager

(i) To manage core networking functions of WNC MAN.

(ii) Ensure 24x7 WNC MAN availability by providing technical support on365 x 24 x 7 basis at all locations of WNC MAN.

(iii) Management of network engineers of team. Network Manager will beone point of contact with Indian navy for any issue pertaining to WNC MAN andrunning of contract.

(iv) Build, design and test Cisco infrastructure or equivalent.

(v) To produce Low Level Designs (LLD).

(vi) Design upgrade and improve network performance withoutcompromising security.

(vii) Setting of real- time monitoring and reporting platform.

(viii) Provide 3rd line support on service escalation.

(x) Ensuring proactive monitoring of the network for reduced downtime.

(c) Qualification and technical proficiency of Network Engineers

(i) BE/ BTECH in IT/Computer Science/Electronics

(II) CCNA/CCNP qualified or equivalent certification from other top OEMS.

(III) Minimum experience of 04 years as a Network Engineers.

(iv) Network Administration

(v) Routers basic configuration and trouble shooting.

(vi) Switches basic configuration and trouble shooting.

(vi) Troubleshooting of other network related issues.

(vii) TCP/IP protocol.

(viii) Server hardware network configuration.

(ix) Windows server

(X) Network Security

(d) Roles and responsibility of network Engineers


(i) Operations of firewalls.

(II) As part of the man network monitoring services, the seller will monitor,troubleshoot and resolve issues with the NEWN - WNC MAN uplinks anddevices.

(iii) Monitor WNC MAN, using tools provided by HQWNC / CITO.

(iv) Maintenance of all network assets details and their status report onmonthly basis.

(v) The Engineers will have to provide on-site support in case of criticalissues related to network as and when required or informed over the phone / e-mail.

(vi) Upgradtion of IOS in networking devices.

(vii) Troubleshooting for all network related issues.

(ix) Performing security audits of perimeter routers, identifying missingACL’S.

(x) Administration of all networking components.

(xi) Configuration of layer 2 and layer 3 devices.

(xii) Upgradation of configuration files in various networking devices.

3. Contract Operating Terms.

(a) All deployed resources should be direct employees of the SELLER and no part

of the scope shall be sub-contracted. (b) The deputed personnel should be prepared to work for extended working

including holidays in case of emergency. (c) Required manpower should be deputed at HQWNC / CITO site within 2 weeks

from the date of placement of order. (d) The on-site team shall give their attendance in the WNC Server room register

maintained by HQWNC / CITO network team for computation of SLA calculations,

failing which appropriate penalty condition as defined below shall be invoked. (e) The engineer will be deployed for every working day during the period of the

contract.(f) The on-site team shall not be changed without adequate notice (minimum 10

days) to HQWNC / CITO. Further, the new software programmer / engineer would be

required to undergo a 05 days handing / taking over from the incumbent engineer. Any

breach of this clause will attract a penalty @ 10% of that quarterly amount due. (g) The deployed resident engineer is not to be changed before 4 months from his /

her date of deployment to HQWNC / CITO. Any breach of this clause will attract a

penalty @ 10% of that quarterly amount due. (h) The details of the various types of leaves (casual, medical, earned, etc.)

,including number of days, which are granted by the company to its deployed resident

engineers need to be added in the contract, post vetting by HQWNC / CITO.


(i) The resident engineer is required to get their leave approved by HQWNC /

CITO (only those which are agreed to in the contract) before putting to their parent

company. A notice of one month is required to be given to HQWNC / CITO for planned

leaves. (j) For any engineer proceeding on leave, the SELLER should provide a suitable

replacement and the replacement engineer will have similar qualifications and a

minimum overlap period of one week with the engineer proceeding on leave.

4. Personal Search and Code of Conduct – All the deployed engineers are required to

have Police Verification Certificate (PVC) for making of Security Pass by the WNC. This

‘Security Pass’ is to be used only for the purpose of entry into Naval area / units in

Mumbai and shall not be used for any other purpose whatsoever. Any breach of this may

lead to criminal proceedings against the personnel. Further, since all the units are inside

‘Restricted’ area, a thorough search of all persons and transport may be carried out at the

entrance gate for as many times as the gate is used for entry or exit. The SELLER or its

authorised representatives shall not communicate any information / data from computer

to unauthorised persons. Any breach of this clause will lead to criminal proceedings to be

initiated against the individual and the SELLER.

5. Duration of Contract . The duration of the contract will be for one yearcommencing from the date of signing of Contract by both the parties andextendable up to three years. The HQWNC / CITO reserve its right to terminate themaintenance contract at any time without assigning any reason after giving a notice oftwo months. The Seller will not be entitled to claim any compensation against suchtermination. However, while terminating the contract, if any payment is due to the Sellerfor maintenance services already performed in terms of the contract, the same would bepaid to it as per the contract terms.

6. Compliance to Tender Enquiry. The Bidders are required to furnish clause by clausecompliance of specifications bringing out clearly the deviations from specification, if any.The Bidders are advised to submit the compliance statement in the following format alongwith Technical Bid – Para of RFP specifications item-wise Specification of item offeredCompliance to RFP specification – whether Yes / No In case of noncompliance, deviationfrom RFP to be specified in unambiguous terms.

7. Consignee Details :

The Flag Officer Commanding-in-Chief

(for Command IT Officer)


Ballard Pier Near Tiger Gate, Naval Dockyard, Mumbai – 400 001

8. The CITO, HQWNC, Mumbai will be the Contract Operating Officer.


PART III – Standard Conditions of Contract

1. Law. The Contract shall be considered and made in accordance with the laws of theRepublic of India. The contract shall be governed by and interpreted in accordance with thelaws of the Republic of India. The handling of all personnel, information, documents andcommunications will be governed by the Official Secrets Act.

2. Effective Date of the Contract. The contract shall come into effect on the date ofsignatures of both the parties on the contract (Effective Date) and shall remain valid until thecompletion of the obligations of the parties under the contract. The deliveries, supplies andperformance of the services shall commence from the effective date of the contract.

3. Arbitration. All disputes or differences arising out of or in connection with the Contractshall be settled by bilateral discussions. Any dispute, disagreement or question arising out ofor relating to the Contract or relating to construction or performance, which cannot be settledamicably, may be resolved through arbitration. The standard clause of arbitration is as perForms DPM-7, DPM-8 and DPM-9 (Available in MoD website and can be provided onrequest).

4. Penalty for use of Undue influence. The SELLER undertakes by bidding for theRFP, that he has not given, offered or promised to give, directly or indirectly, anygift, consideration, reward, commission, fees, brokerage or inducement to anyperson in service of the BUYER or otherwise in procuring the Contracts orforbearing to do or for having done or forborne to do any act in relation to theobtaining or execution of the present Contract or any other Contract with theGovernment of India for showing or forbearing to show favour or disfavour to anyperson in relation to the present Contract or any other Contract with theGovernment of India. Any breach of the aforesaid undertaking by the SELLER or any oneemployed by him or acting on his behalf (whether with or without the knowledge of theSELLER) or the commission of any offers by the SELLER or anyone employed by him oracting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or thePrevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruptionshall entitle the BUYER to cancel the contract and all or any other contracts with the SELLERand recover from the SELLER the amount of any loss arising from such cancellation. Adecision of the BUYER or his nominee to the effect that a breach of the undertaking had beencommitted shall be final and binding on the SELLER. Giving or offering of any gift, bribe orinducement or any attempt at any such act on behalf of the SELLER towards anyofficer/employee of the BUYER or to any other person in a position to influence anyofficer/employee of the BUYER for showing any favour in relation to this or any other contract,shall render the SELLER to such liability/ penalty as the BUYER may deem proper, includingbut not limited to termination of the contract, imposition of penal damages, forfeiture of theBank Guarantee and refund of the amounts paid by the BUYER.

5. Agents/Agency Commission. The SELLER confirms and declares to the BUYER thatthe SELLER is the original manufacturer of the stores/provider of the services referred to inthis Contract and has not engaged any individual or firm, whether Indian or foreignwhatsoever, to intercede, facilitate or in any way to recommend to the Government of Indiaor any of its functionaries, whether officially or unofficially, to the award of the contract to theSELLER; nor has any amount been paid, promised or intended to be paid to any such


individual or firm in respect of any such intercession, facilitation or recommendation. TheSELLER agrees that if it is established at any time to the satisfaction of the BUYER that thepresent declaration is in any way incorrect or if at a later stage it is discovered by the BUYERthat the SELLER has engaged any such individual/firm, and paid or intended to pay anyamount, gift, reward, fees, commission or consideration to such person, party, firm orinstitution, whether before or after the signing of this contract, the SELLER will be liable torefund that amount to the BUYER. The SELLER will also be debarred from entering into anysupply Contract with the Government of India for a minimum period of five years. The BUYERwill also have a right to consider cancellation of the Contract either wholly or in part, withoutany entitlement or compensation to the SELLER who shall in such an event be liable torefund all payments made by the BUYER in terms of the Contract along with interest at therate of 2% per annum above LIBOR rate. The BUYER will also have the right to recover anysuch amount from any contracts concluded earlier with the Government of India.

6. Access to Books of Accounts. In case it is found to the satisfaction of the BUYER thatthe SELLER has engaged an Agent or paid commission or influenced any person to obtainthe contract as described in clauses relating to Agents/Agency Commission and penalty foruse of undue influence, the SELLER, on a specific request of the BUYER, shall providenecessary information/ inspection of the relevant financial documents/information.

7. Non-disclosure of Contract documents. Except with the written consent of the BUYER/SELLER, other party shall not disclose the contract or any provision, specification, plan,design, pattern, sample or information thereof to any third party.

8. Liquidated Damages. In the event of the SELLER's failure to submit the Bonds,Guarantees and Documents, supply the services and maintain the agreed uptime etc asspecified in this contract, the BUYER may, at his discretion, withhold any payment until thecompletion of the contract. The BUYER may also deduct from the SELLER as agreed,liquidated damages to the sum of 0.5% of the contract price of the delayed/undeliveredstores/services mentioned above for every week of delay or part of a week, subject to themaximum value of the Liquidated Damages being not higher than 10% of the value ofpayable amount as per the scheduled terms of payment.

9. Absenteeism of Deployed Engineer. In event of any absenteeism of the residentservice engineer and replacement not provided, a penalty of Rs. 1500.00 per day per serviceengineer for all the days of such an absence would be deducted from the quarterly paymentsdue to the SELLER. This penalty is over and above all other penalties.

10. Termination of Contract. The BUYER shall have the right to terminate this Contract inpart or in full in any of the following cases:-

(a) The delivery of the services (initial implementation) is delayed for causes notattributable to Force Majeure for more than (01 month) after the scheduled date ofdelivery.

(b) The delivery of services is delayed due to causes of Force Majeure by more than(03 months) provided Force Majeure clause is included in contract.

(c) Repeated failures over two consecutive quarters to maintain the uptime liability asper the defined SLA.


(d) The BUYER has noticed that the SELLER has utilized the services of anyIndian/Foreign agent in getting this contract and paid any commission to suchindividual/company etc.

(e) In any other occasion when the BUYER feels that the continuation of the contractwill lead to breach of National Security.

(f) As per decision of the Arbitration Tribunal

11. Notices. Any notice required or permitted by the contract shall be written in the Englishlanguage and may be delivered personally or may be sent by FAX or email or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent.

12. Transfer and Sub-letting. The SELLER has no right to give, bargain, sell, assign orsublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let athird party take benefit or advantage of the present Contract or any part thereof.

13. Patents and other Industrial Property Rights. The prices stated in the presentContract shall be deemed to include all amounts payable for the use of patents, copyrights,registered charges, trademarks and payments for any other industrial property rights. TheSELLER shall indemnify the BUYER against all claims from a third party at any time onaccount of the infringement of any or all the rights mentioned in the previous paragraphs,whether such claims arise in respect of manufacture or use. The SELLER shall beresponsible for the completion of the supplies including spares, tools, technical literature andtraining aggregates irrespective of the fact of infringement of the supplies, irrespective of thefact of infringement of any or all the rights mentioned above.

14. Amendments. No provision of present Contract shall be changed or modified in anyway (including this provision) either in whole or in part except by an instrument in writingmade after the date of this Contract and signed on behalf of both the parties and whichexpressly states to amend the present Contract.

15. Taxes and Duties

(a) If Bidder desires to ask for excise duty or Sales Tax / VAT extra, the same must bespecifically stated. In the absence of any such stipulation, it will be presumed that theprices include all such charges and no claim for the same will be entertained.

(b) If reimbursement of any Duty/Tax is intended as extra over the quoted prices, theBidder must specifically say so. In the absence of any such stipulation it will bepresumed that the prices quoted are firm and final and no claim on account of suchduty /tax will be entrained after the opening of tenders.

(c) If a Bidder chooses to quote a price inclusive of any duty/tax and does not confirminclusive of such duty/tax so included is firm and final, he should clearly indicate therate of such duty/tax and quantum of such duty/tax included in the price. Failure to doso may result in ignoring of such offers summarily.

(d) If a Bidder is exempted from payment of any duty/tax upto any value of suppliesfrom them, he should clearly state that no such duty/tax will be charged by him up tothe limit of exemption which he may have. If any concession is available in regard to


rate/quantum of any Duty/tax, it should be brought out clearly. Stipulations like, thesaid duty/tax was presently not applicable but the same will be charged if it becomesleviable later on, will not be accepted unless in such cases it is clearly stated by aBidder that such duty/tax will not be charged by him even if the same becomesapplicable later on. In respect of the Bidders, who fail to comply with this requirement,their quoted prices shall be loaded with the quantum of such duty/tax which is normallyapplicable on the item in question for the purpose of comparing their prices with otherBidders.

(e) Any change in any duty/tax upward/downward as a result of any statutoryvariation in excise taking place within contract terms shall be allowed to the extent ofactual quantum of such duty/tax paid by the supplier. Similarly, in case of downwardrevision in any duty/tax, the actual quantum of reduction of such duty/tax shall bereimbursed to the BUYER by the SELLER. All such adjustments shall include allreliefs, exemptions, rebates, concession etc. if any obtained by the SELLER.


PART IV – Special Conditions of Contract

1. Payment Terms. Service charges commence from the date of commencement ofcontract or with effect from the date mentioned therein and shall be effective for the period ofthe contract. The firm can take quarterly payment, equivalent of 1/4 th of the total amount peryear of the contract.

2. Paying Authority. Payment will be made by PCDA (Navy) on submission of thefollowing documents by the Firm to the Paying Authority.

(a) 03 Ink-signed copy of Commercial invoice / Firm’s bill.

(b) A work completion certificate / User Satisfaction certificate.

(c) Performance Bank guarantee.

(d) Details for electronic payment viz Account holder’s name, Bank name, Branchname and address, Account type, Account number, IFSC code, MICR code (if thesedetails are not incorporated in contract)..

3. Performance Guarantee. The Bidder will be required to furnish a PerformanceGuarantee by way of Bank Guarantee through a public sector bank or a private sector bankauthorized to conduct government business (ICICI Bank Ltd., Axis Bank Ltd or HDFC BankLtd.) for a sum equal to 10% of the contract value within 30 days of signing of this contract.Performance Bank Guarantee will be valid up to 60 days beyond the date ofwarranty/services (as applicable). The specimen of PBG is given in Form DPM-15, (Availablein MoD website and can be provided on request).

4. Option Clause. NA

5. Repeat Order Clause. NA.

6. Tolerance clause. To take care of any change in the requirement during the periodstarting from issue of RFP till placement of the contract, BUYER reserves the right to 50%plus/minus increase or decrease the quantity of the required goods/ services upto that limitwithout any change in the terms & conditions and prices quoted by the SELLER. Whileawarding the contract, the quantity/services ordered has been increased or decreased by theBUYER within this tolerance limit.

7. Risk & Expense clause. Should the services or any installment thereof not bedelivered with the time or time specified in the contract documents, or if unsatisfactorydelivery are made in respect of the services or any installment thereof, the BUYER shall aftergranting the SELLER 45 days to cure the breach, be at liberty, without prejudice to the right torecover liquidated damages as a remedy for breach of contract, to declare the contract ascancelled either wholly or to the extent of such default.

8. Force Majeure. Should any Force Majeure circumstances arise, each of thecontracting party shall be excused for the non-fulfilment or for the delayed fulfilment of any ofits contractual obligations, if the affected party within (15 days) of its occurrence informs theother party in writing. Force Majeure shall mean fires, floods, natural disasters or other acts,that are unanticipated or unforeseeable, and not brought about at the instance of the partyclaiming to be affected by such event, or which, if anticipated or foreseeable, could not beavoided or provided for, and which has caused the non-performance or delay in performance,such as war, turmoil, strikes, sabotage, explosions, quarantine restriction beyond the control


of either party. A party claiming Force Majeure shall exercise reasonable diligence to seek toovercome the Force Majeure event and to mitigate the effects thereof on the performance ofits obligations under this contract.

9. Fall clause.

(a) The price charged for the material/services supplied under the contract by theSeller shall in no event exceed the lowest prices at which the Seller sells the stores oroffer to sell stores of identical description to any persons/Organization including thepurchaser or any department of the Central government or any Department of stategovernment or any statutory undertaking the central or state government as the casemay be during the period till performance of all supply Orders placed during thecurrency of the annual contract is completed.

(b) If at any time, during the said period the Seller reduces the sale price, sells oroffer to sell such material/services to any person/organisation including the Buyer orany Dept, of central Govt. or any Department of the State Government or any Statutoryundertaking of the Central or state Government as the case may be at a price lowerthan the price chargeable under the contract, he shall forthwith notify such reduction orsale or offer of sale to the Director general of Supplies & Disposals and the pricepayable under the contract for the stores of such reduction of sale or offer of the saleshall stand correspondingly reduced.

10. Premature Termination of Contract. The Navy reserves the right to terminate theRC prematurely if the firm fails to provide services in a stipulated time frame or if the servicesare found to be of inferior quality on account of poor material / workmanship or withoutassigning any reasons.

11. Quality Assurance. After the contract is negotiated, the SELLER would be requiredto provide a POC for every implementation/ non-standard deployment not documented in thecontracted documents. The BUYER reserves the right to allow/disallow the deployment in theproduction environment. The QA of the entire contract will be completely based on the abilityto meet the SLA.

12. Security. The firm or its resistance engineer shall not communicate anyinformation/data from this Headquarters in any form (telephone/ Mail/correspondence etc) toany external agency or any unauthorised personnel. Any breach of this clause will lead tocriminal proceeding to be initiated against the individual and the firm.

13. Contract Operation. The maintenance/administration and development activityis to be carried out during normal working hours on all days, from 0900 – 1800 hrs excludingSundays/Holidays. No component/module of the website or the application underdevelopment is allowed to be carried out of the premises of HQWNC for any reasonwhatever. All debugging, uploading of data and relevant maintenance/development activitiesare to be carried out at HQWNC premises. No accommodation, food, and lodging chargeswill be borne by the Buyer at any point during the contract period.

14. Renewal Clause. Contract can be renewed for three years.


15. Standard Condition of Contract. All purchasers of the Indian Navy are subjectto the standard conditions of contract which may be perused in the office of the tenderer priorto submission of the quotation.

16. We have carefully read the above terms and conditions and agree to abide by thesame in true spirit and deed.


Part V – Evaluation Criteria & Price Bid issues

1. Evaluation Criteria. The broad guidelines for evaluation of Bids will be as follows:

(a) Only those Bids will be evaluated which are found to be fulfilling all the eligibilityand qualifying requirements of the tender Enquiry. The sequence and format forsubmission of bid is placed at Enclosure 1.

(b) The evaluation of only those firms would be carried out who qualify the VendorEvaluation Compliance Matrix (placed at Enclosure 2). The board of officersevaluating the bids may call for additional documents, site visits, presentation etc. insupport of the facts and figures provided by the firms in the bids. Firms notcooperating in the bid evaluation or failing to produce the additional documents etc.as required by the Procurement Committee will be rejected.

(c) The Procurement Committee report will be approved by the CFA.

(d) The Lowest Bid will be decided upon the lowest price quoted by the particularBidder exclusive of all taxes (as per the prevalent Govt. policies).

(e) The Lowest Acceptable Bid will be considered further for placement of contractafter complete clarification and price negotiations as decided by the BUYER.

(f) The Lowest Acceptable Bid will be considered further for placement of contract /Supply Order after complete clarification and price negotiations as decided by theBuyer. The Buyer will have the right to award contracts to different Bidders for beinglowest in particular items. The Buyer also reserves the right to do Apportionment ofQuantity, if it is convinced that Lowest Bidder is not in a position to supply fullquantity in stipulated time.

(g) The Bidders are required to spell out the rates of Customs duty, Excise duty,VAT, Service Tax, etc. in unambiguous terms; otherwise their offers will be loadedwith the maximum rates of duties and taxes for the purpose of comparison of prices.If reimbursement of Excise Duty /VAT is intended as extra, over the quoted prices,the Bidder must specifically say so. In the absence of any such stipulation it will bepresumed that the prices quoted are firm and final and no claim on account of suchduties will be entrained after the opening of tenders. If a Bidder chooses to quote aprice inclusive of any duty and does not confirm inclusive of such duty so included isfirm and final, he should clearly indicate the rate of such duty and quantum of exciseduty included in the price. Failure to do so may result in ignoring of such offerssummarily. If a Bidder is exempted from payment of Customs duty /Excise Duty /VAT duty up to any value of supplies from them, they should clearly state that noexcise duty will be charged by them up to the limit of exemption which they mayhave. If any concession is available in regard to rate/quantum of Customs duty /Excise Duty / VAT, it should be brought out clearly. Stipulations like, excise duty waspresently not applicable but the same will be charged if it becomes livable later onwill not be accepted unless in such cases it is clearly stated by a Bidder that exciseduty will not be charged by him even if the same becomes applicable later on. Inrespect of the Bidders who fail to comply with this requirement, their quoted pricesshall be loaded with the quantum of excise duty which is normally applicable on the


item in question for the purpose of comparing their prices with other Bidders. Thesame logic applies to Customs duty and VAT also.

(h) If there is a discrepancy between the unit price and the total price that isobtained by multiplying the unit price and quantity, the unit price will prevail and thetotal price will be corrected. If there is a discrepancy between words and figures, theamount in words will prevail for calculation of price.

2. Price Bid Format. Bidders are to submit the bids as per the format for thecommercial bid placed at Enclosure 3.


Enclosure 1 to RFP for Hiring of resources for maintenance of WNC MAN

FORMAT FOR COMMERCIAL BID

The Commercial Bid as per format at Enclosure 3 should consist of the following documents in thesequence given below.-

(a) Index page indicating the bid contents with appropriate page numbers.

(b) The Compliance matrix for Vendor Evaluation Criteria stated at Enclosure 2, along with therequired supporting documents in the same sequence.

(c) Assumptions, Exclusions, Concessions, Deviations on the Standard and SpecialConditions of Tender Enquiry.

(d) Any additional relevant document on Company Profile, Employee Profile etc. not exceeding05 pages.

Note- Bids not submitted in accordance with above format would be rejected.


Enclosure 2 to RFP for Hiring of resources

for maintenance of WNC MAN

VENDOR EVALUATION COMPLIANCE MATRIX

SlNo.

Para oftenderEnquiry

CRITERIA Compliance

Status

(Yes/No)

Reasons for

Non-

Compliance

Supporting

Documents

Required

1 Part –I General Information

2 06 Forwarding of Bids

(a) (b)

(c)

(d)

(e)

(f)

(g)

(h)

As per tender enquiry

SupportingDocumentsRequired

3 08 Right of Acceptance or Rejection of Tender

4 10 Validity of Offer : 180 Days

5 11 EMD deposit

6 Part II Essential Details of Items/ ServicesRequired

7 1 to 8 Schedule of Requirement, Roles and Responsibility, Contract Operating Terms, Duration of Contract, Compliance to Tender Enquiry and Others

8 Part III Standard condition of tender enquiry

9 1 to 2 Standard Conditions of Tender Enquiry

10 3 Arbitration

11 4 Penalty for use of undue influence

12 5 Agent/agency Commission


13 8 to 10 Liquidated Damages, Down time, Absenteeism, termination of Contract

14 11 Notices

15 15 Taxes and Duties

16 Part IV Special Conditions

17 1 Payment Terms

19 2 Paying Authority

20 3 Performance bank guarantee

21 6 Tolerance clause

22 7 Risk & Expense clause

23 8 Force Majeure

24 9,10 Fall Clause, Premature termination of Contract

25 11 Quality Assurance

26 12 Security

27 13 to 15 Contract Operation, Renewal Clause, Standard Condition of Contract & Others

Signature & Stamp of Firm

Note – In case necessary documentary proofs are not enclosed the firm would be rejectedduring Technical Evaluation.


Enclosure 3 to RFP for Hiring of resources

for maintenance of WNC MAN

FORMAT FOR BUDGETARY QUOTE

SER DESCRIPTION OF DELIVERABLES DENO QTYAMOUNT FOR 1

YEARS(INR)

01 HIRING OF NETWORK MANAGER NO. 01

02 HIRING OF NETWORK ENGINEERS NO. 04

SERVICE TAXES @ _______ %

ANY OTHER TAXES APPLICABLE

GRAND TOTAL

Note: No additions /alterations are permitted in the above mentioned format. Lowest bidevaluation will be on the Grand Total Amount and not on individual cost.
