CENTRE FOR RAILWAY INFORMATION SYSTEMS
CHANAKYAPURI, NEW DELHI – 110 021
To,
M/S
__________________________________
__________________________________
__________________________________
Sub: Tender (No. CRIS/PRS/2010/5) for Comprehensive Maintenance of NTES IBM Servers
and System Software at the 5 hub sites viz., Delhi, Mumbai, Kolkata, Chennai,
Secundrabad and at CRIS office Chanakyapuri, New Delhi.
Dear Sir,
1. Tender form with tender conditions and agreement for the above noted contract are
enclosed.
2. Tender should be addressed to General Manager/PRS-I, CRIS, Chanakyapuri, New
Delhi-110021 and submitted in a sealed cover.
3. Tender will be received in a sealed tender box kept in this office at nominated place and
sealed tender box will be opened by nominated tender opening committee in presence of
the bidders authorized representatives. Names of all tenderers will be announced
immediately thereafter. Tenderers are advised that if they so desire, they can send their
authorized representatives to witness the opening of tender. Tender received after closing
of tender box will not be considered.
4. No tender will be considered if not accompanied by requisite earnest money deposit as
per terms and conditions specified in the tender.
5. The successful tenderer will have to start work within 7 days from issuance of award
letter or w.e.f. 01.07.2010 whichever is later, failing which the earnest money and
security money deposited shall be forfeited and action taken by CRIS as deemed
necessary.
6. CRIS reserves the right to reject any or all the tenders without assigning any reason
whatsoever or to accept any tender with a lower offer.
7. This tender form is non-transferable.
8. Tender Details:
Tender No.
: CRIS/PRS/2010/5
File No.
: CRIS/PRS/AMC of NTES/209-D
Place of dropping tenders
: CRIS, Chanakyapuri, New Delhi.
Mode of tendering
: Open Tender
Type of tender
: Single Packet
Date of Acceptance of Tender upto tender closing time 15hrs on -----Date of opening of Tender at 15:30 hrs on -------Earnest Money
: Rs 18,000/- [Rs. Eighteen thousand only]
Estimated cost of work
: Rs. 9 lakh (per year)
Cost of Tender document
: Rs. 1000/- [Rs One thousand only]
CM/PRS
1
INDEX
1.
Instructions of Tenders – Section -1.………………………………..3-11
2.
Special Conditions of Contract – Section – 2……………………….12-19
3.
Section – 3…………………………………………………………….20-30
i
ii
iii
iv
v
vi
vii
4.
Annexure – 3.1 – Schedule of Invitation to Tender ......………………20
Annexure – 3.2 – Bid Particulars …..………..…………………....…21
Annexure – 3.3 – Declaration letter .....………………………..…22-23
Annexure – 3.4 – Price Schedule ……………………………...…….24
Annexure – 3.5 – Statement of Deviations …………………………....25
Annexure –3.6 – Proforma of Bank Guarantee …………………..26-28
Annexure –3.7 –Back-up Arrangements …………………………....29
Annexure – A…………………………………………………………….30
2
Section – 1
INSTRUCTIONS OF TENDER
ARTICLE 1
1.1
PROCEDURE FOR SUBMISSION OF BIDS
Sealed tenders prepared in accordance with the conditions stipulated in the Tender
documents comprising Instructions to Tenders, Special Conditions of Contract and the
Bid Documents should reach the Center for Railway Information Systems (herein after
referred to as CRIS) not later than 15.00 hrs on 14.06.2010. The tender should be sent in
sealed cover addressed to:
General Manager/PRS/I
Center for Railway Information Systems
Chanakyapuri
New Delhi-110021
1.2
Delays in mail shall not be accepted and tenders received after the closing time is liable
to be ignored.
1.3
Offers on original printed sheets will only be considered. Offer submitted by FAX or in
any manner other than specified above shall not be considered. The bids shall exactly be
according to the prescribed formats. Modifications/rewording of format shall not be
acceptable. All corrections to be signed.
1.4
The authorized representative of the tender must duly attest any alteration. Each page of
tender documents is to be signed and stamped (Company Seal) by the tendered.
Additional Conditions/stipulations/deviations to the technical requirements and terms
and conditions must be clearly brought out by the tenderer in the deviation statement, if
any CRIS reserves the right to consider or reject the same without assigning any reason.
1.5
The following words shall be inscribed in large capital letters on the covers containing
the offers.
TENDER FOR ANNUAL COMPREHENSIVE MAINTENANCE OF NTES IBM
SERVERS AND SYSTEM SOFTWARES at 5 Hub sites viz.
Delhi, Mumbai, Kolkata, Chennai, Secundrabad and at CRIS Office, Chanakyapuri,
New Delhi.
“TENDER SHALL NOT BE OPENED BEFORE 15:30 HRS ON 14.06.2010”
“TENDER NO. CRIS/PRS/2010/5
3
1.6
The scope of the contract has been defined under Special Conditions of Contract.
1.7
The tenderer should quote their fixed comprehensive rates for Maintenance of NTES IBM
SERVERS AND SYSTEM SOFTWARES at 5 Hub sites viz. Delhi, Mumbai, Kolkata,
Chennai, Secundrabad and at CRIS Office , Chanakyapuri, New Delhi, as indicated in
Annexure “A” for all items the total Annual charges both in words and figures. In case
of any discrepancies the charges indicate in words shall prevail.
1.8
The tenderer should submit the bid in duplicate.
1.9
If the tenderer submits wrong information his tender is liable to be rejected.
1.10
The submission of tender will be deemed to imply that the tenderer fully undersigned
the scope of work involved. Any doubts with respect to the specifications must be
clarified in writing within 2 days prior to the submission date.
1.11
All-prices shall be in India rupees and no foreign exchange / import license shall be
provided for procurement of any spares required by the contractor.
ARTICLE 2
BID DOCUMENT
The bid shall comprise the following:
a)
EMD as per Article 16.
b)
Declaration by the tenderer.
c)
Point-by-point compliance to all points, as per the attached format in – Terms and
Conditions.
d)
Any other Terms & Conditions from bidder (Please note that the terms my or may
not be acceptable to CRIS).
e)
Documentary proof in support of clause 7.
f)
Documentary proof in support of eligibility criteria of similar work and annual
turnover
g)
Valid ITCC Income Tax clearance certificate.
h)
All forms given in section 3 complete an all respects.
i)
Letter from OEM for Back-end support of equipments alongwith details as per
Annexure 3.7.
4
ARTICLE
3
TENURE OF THE CONTRACT
The contract period is for three years subject to it being renewed at the end of the 1 st year and 2nd
year and on the basis of a satisfactory performance of the party following the completion of one
year of service.
ARTICLE
4
PURCHASER
The term “Purchaser means the taker of Hardware and Software Maintenance services” i.e.,
Managing Director/CRIS for and behalf of CRIS. It also includes Managing Director/CRIS
Successors and assignees / transferees.
ARTICLE
5
COPIES
The tenders shall be submitted in 2 copies i.e. on original and one duplicate in double envelops
and shall be sent by Registered Post, return receipt requested or handed over to the person
authorized and acknowledgement obtained.
The tenderer will clearly mark the original copy and duplicates copies. In case of any
discrepancies between the original and duplicate (s) the original will be considered as authentic.
ARTICLE
6
TENDER OPENING
The sealed tenders shall be opened in the presence of such the tenderers or their authorized.
Representatives who may like to be present the time and date fixed. However, the Purchaser
shall have a right to change the date and time of opening of the tender. The changed date and
time shall be notified.
ARTICLE
(i)
7
SIGNING OF TENDER
The individual signing the tender or other documents in connection with the tender must
specify whether he signs as:
(a)
A “Sole Proprietor” of the firm or constituted attorney of such sole proprietor.
5
(b)
A partner of the firm if it be a partnership, in which case he must have authority
to refer to arbitration disputes concerning the business of the partnership either
by virtue of the partnership agreement or a power of attorney.
In their absence the tender should be signed by all parties.
(c)
Constituted attorney of the firm, if it is a company. A copy of the resolution of
the Board of Directors authorizing to sign the tender documents may be
enclosed with the tender.
ARTICLE
8
LANGUAGE
All tenders and technical specifications shall be either type written or nearly written in indelible
ink in English and must be complete. If in addition documents are also furnished in another
language , the text/translation of the documents in English shall be governing.
ARTICLE
9
FIRM PRICE
The prices quoted must to firm and final and shall remain valid throughout the period of validity
and shall not be subject to any variations.
ARTICLE
10
INITIALING
The tenderer shall sign all pages of the bid documents and submit the complete bid documents
along with their tenders. There should not be any loose sheet in the bid documents.
ARTICLE
11
CORRECTIONS
Any correction(s), amendment(s), modification(s),addition(s), exception(s) or deletion(s) should
be avoided. However, it is unavoidable it must be in English and signed in full in ink.
ARTICLE
12
CHANGE AFTER OPENING OF TENDERS
No increase, decrease, discount reduction or any other changes in the price or conditions will be
acceptable after the opening of the tender.
6
ARTICLE
13
CLARIFICATIONS
When deemed necessary, the purchaser may seek clarification on any aspect from the tenderer.
However, that would not entitle the Tenderer to change or cause any change in the conditions of
the tender submitted or price quoted. All expenses for the preparation of documents and other
meetings will be borne by the tenderer.
ARTICLE
14
AMENDMENTS TO BID INVITATION
The purchaser reserves the right to make revisions or amendments to the tender documents,
when deemed necessary, prior to the closing date of the tender. Such revisions or amendments
will be announced by an addendum or addenda. Copies of such addenda, which may be issued,
will be furnished to those who have been sent these tender documents by the purchaser. If the
revisions and the amendments made thereof are of a nature, which will require a substantial
change in the quantity of tender prices or both, in which case the decision of the purchaser shall
be final. The purchaser may consider extending the date set for the tender opening by such a
number of days as in the opinion of the purchaser will enable the tenderers to revise their
Tenders.
ARTICLE
15
VALIDITY
The tenders shall remain open for acceptance until the date stipulated in the schedule attached. If
the day, up to which the offer is to remain open, has been declared to be a closed holiday, the
offer shall remain open for acceptance till the next working day. The tenders qualified by such
vague and indefinite expressions as “Subject to immediate acceptance” or “Subject to prior sale”
are liable to be ignored.
ARTICLE
16
EARNEST MONEY DEPOSIT
The bidder shall submit along the bid earnest money deposit of 2% of the offer subject to the
maximum of Rs. 2,00,000/- in the form of Demand draft or Fixed Deposit Receipt issued by any
Nationalization Bank. No Bank Guarantee will be accepted towards Earnest Money Deposit.
7
ARTICLE
17
ADDRESS
The bidder shall designate the contact person(s) and
mailing address to which all
correspondence shall be forwarded by the purchaser.
ARTICLE
(i)
18
ACCEPTENCE OF BIDS
The purchaser does not bind itself to accept the lowest of any bid and reserves the right to
accept any bid, wholly or in part and/or split the order on different vendors. The purchaser
reserves the right to itself to reject any or all offers received in response to this tender or
cancel/withdraw the tender notice without assigning any reasons whatsoever.
(ii)
Acceptance of the tender by the purchaser shall be communicated by fax/telex/telegram,
letter of formal acceptance of tender to the successful tenderer. In case where the
acceptance of tender is communicated by fax/telex/telegram/letter, instructions contained
in the fax/telex/telegram or letter must be acted upon immediately. Such a
fax/telex/telegram/letter shall conclude contract.
(iii) The purchaser shall always be at liberty to reject or accept any offer or others at his sole
discretion and any such action will not be called into question and the tenderer shall no
claim in that regard against the purchaser.
ARTICLE
19
BINDING
Each copy of the tender should be a complete document and should preferably be bound as a
volume. Different copies must be bound separately. Incomplete tenders, amendments and
additions to tender after opening and late tenders are liable to be ignored.
ARTICLE
20
TERMS AND CONDITIONS OF TENDERING FIRMS
Printed terms and conditions of the tenders will not be considered as forming part of their
tenders. In case terms and conditions of the contract (given in “Instructions to Tenderer” and
“Special Conditions of Contract”) applicable to this invitation of Tender are not acceptable to
any bidder, he should clearly specify deviation in his tender (Form no. 3.5 of Section 3)
8
ARTICLE
21
OMISSION AND DISCREPAINCES
Should a tenderer find any discrepancy or omission in the drawing of any of Tender papers/ or he
has any doubt their meaning, he should at once notify the purchaser who may send a written
instruction to all tenderers. It shall be Understood that every endeavor has been made to avoid
any error which can materially affect the basis of the Tender and successful Tenderer shall take
upon himself and provide for the risk of any error which may subsequently be discovered and
shall make no subsequent claim on account thereof.
ARTICLE
22
INCOME TAX CLEARENCE CERTIFICATE
Unless otherwise exempted, the tenderer shall enclose with his tender, a valid income tax
clearance certificate issued by he appropriate Income Tax Officer under his seal. Without this the
tender is liable to be rejected. In case of a new firm or firms, which have a taxable income, a
sworn affidavit to that effect, duly countersigned by the Income Tax Officer shall be furnished.
ARTICLE
23
SIGNING OF CONTRACT
The tenderer shoes tender is accepted shall be required to execute a suitable agreement
evidencing of the agreed terms and conditions within 7 days of date of communication of
acceptance of the tender. This shall not however, affect the validity of the contract which has
already come into existence. The stamp duty required for the execution of the contract shall be
borne by the tenderer.
ARTICLE
j)
24
MISCELLANEOUS
All offers must be made in the offer form under a covering letter as per format at
form no. 3.3 of section 3 tenderers may enclose explanatory memoranda or
statement should they so desire.
ii)
The price quotations and other financial terms must be given in the format of form
no. 3.4 of section 3 and not in he other accompanying documents etc.
iii)
Each page of the offer must be numbered consecutively, bear the Tender number
and should be initialed by the Tenderer. Reference to total number of pages
comprising the offer must be made at the top right hand corner of each page.
9
iv)
Any submission of a quotation by the tenderer shall be deemed to have been done
after careful study and examination of all documents with full understanding of the
implications thereof. These conditions and specifications shall be deemed to have
accepted unless otherwise, specially commented upon by the tenderer in his
quotation. Failure to adhere to any one or all these instructions may render the
liable to be ignored without any reference.
v)
If any transferred from the jurisdiction of the purchaser to Railways or to a Project
authority/Successor Organization of CRIS while the contacted is in existence, the
contract shall be binding on the contractor and the successor Railway/ Project
Authority/ Successor Organization in the same manner and take effect in all
respects as if the contractor and the successor Railways/ Project Authority were
parties there to from the date of the contract.
vi)
The contractor shall not use, or allow to be used: the site/equipments for any
purpose other than that of executing the contract works.
vii)
The contractor shall not assign or sub-let the contract or any part there of allow
any person to become interested, therein any manner whatsoever without the
written permission of the purchaser.
viii)
The contractor shall not assign or sub-let the contract or any part there of allow
any person to become interested, therein in any manner whatsoever without the
written permission of the purchaser.
ix)
After the public opening of bids, information relating to the examination
clarification, evaluation and comparison of bids and recommendations concerning
the award of he purchase order shall not be disclosed to the tenderers or other
persons not officially concerned with such process.
x)
Any effort of the tenderer to influence the purchaser in the process of
examination, clarification, evaluation and comparison of bids, and in the decision
concerning the contract, may result in rejection of his bid.
ARTICLE
25
INDEMNITY
The contractor shall indemnify and protect the purchaser from and against all actions, suit
proceedings loses, costs, damages, charges, claims and demands of every nature and description
brought against or recovered from CRIS/Railways by reasons of any act or omission of the
contractor, his agents or employees, in the execution of the works or in the guarding of the same.
10
ARTICLE
26
LOCAL CONDITIONS
It will be the sole responsibility of each tenderer to fully acquaint him with all the local
conditions and factors, which could have any effect on the performance of the contract and / or
the cost.
ARTICLE
27
INSPECTION OF SITE BY TENDERER
Tenderer shall inspect the proposed sites of works and acquaint themselves with the site
conditions and working hours.
ARTICLE
28
PREVIOUS EXPERIENCE IN THE FIELD
Tenderer should furnish details experience they had in maintaining similar equipments in online
real time environments. They should also documents supporting the same.
ARTICLE
29
OTHER TERMS AND CONDITIONS
All other terms and conditions will be as per General Conditions of Contract (GCC)
11
SECTION - 2
SPECIAL CONDITIONS OF CONTRACT
ARTICLE 1
DEFINITIONS AND INTERPRETATION
In the Contract, unless the context otherwise requires.
1.1.
“CRIS” would mean the Centre for Railway Information Systems acting through its
Managing Director or any other representative authorized by him.
1.2.
“Acceptance of Tender” means the letter/telex/telegram/fax or any memorandum
communicating to the Tenderer the acceptance of his tender and includes an advance
acceptance of his tender.
1.3.
“Contract” means and includes the invitation to tender, Instructions to Tenderers,
Acceptance of Tender, Special Conditions of Contract and other conditions specified in
the acceptance of tender and includes a repeat order which has been accepted or acted
upon by the contractor and a formal agreement, if executed;
1.4.
The “Contractor” means the person, firm, vendor or company with whom the order for
maintenance service is placed and shall be deemed to include the contractor’s successors
(approved by the Purchaser), representatives, heirs, executors, administrators and
permitted assignees, as the case may be, unless excluded by the terms of the contract.
The terms “Contractor” and “Vendor” have been used interchangeably in this tender
document.
“Purchaser Officer” means the officer signing the acceptance of tender and includes any
officer who has authority to execute the relevant contract on behalf of the Managing
Director/CRIS.
“The “Purchaser means the taker of Hardware and Software Maintenance services
i.e., Managing Director/CRIS for and on behalf of CRIS. It also includes
Managing Director/CRIS’s successors and assignees/transferees.
1.5.
1.6
2
2.1
2.2
3
Eligibility Criteria
The tenderer should have completed at least one similar single work for a minimum
value of 35% of Advertised Tender Value of work in the last three financial year(i.e.
current year and three previous financial years)
The annual turnover of tendering firm in each of last two financial years shall not be less
than the reserve price as per their audited profit & loss account which is to be submitted
along with this tender.
SCOPE OF WORK
3.1
Comprehensive Maintenance of NTES IBM Servers and System Software at the 5 hub
sites viz., Delhi, Mumbai, Kolkata, Chennai & Secunderabad and at CRIS office
Chanakyapuri, New Delhi comprising of the configuration detailed in Annexure A.
3.2
Maintenance charges on the percentage basis of the cost of added/deleted equipment to
be added/deleted in future, to be quoted separately.
12
4.
DURATION OF MAINTENANCE CONTRACT
The contract period is for three years subject to it being renewed at the end of the 1 st year and 2nd
year and on the basis of a satisfactory performance of the party following the completion of one
year of service.
5.
Evaluation of BIDS
CRIS shall reserve the right to weigh and evaluate all the bids on the grounds of the costs and
experience, technical expertise, capabilities and financial standing, maintenance bids and
facilities, spare parts availability, quality assurance and back up support of the tenderer.
6.
TERMS OF PAYMENT
6.1
Payment will be made at the end of each quarter on satisfactory completion of
maintenance during the period under review and a certificate issued to this effect by
Regional Manager/CRIS of each site jointly signed with vendor’s representative.
6.2
No payment shall, however, accrue until after the Performance Guarantee Bond has been
furnished.
6.3
The final payment in respect of the contract shall be made by the purchaser only after
contractor submit a “No Claim Certificate”, the form of which shall be laid down by the
purchaser.
6.4
Any Addition/deletion of the equipment in the AMC contract (which are with or without
OEM warranty) shall be done @____% of the equipment cost from the effective date.
6.5
All other terms and conditions will be as per CRIS tender.
7
PERFORMANCE GUARANTEE BOND
7.1.
The successful tenderer is required to submit to CRIS a Performance Guarantee Bond as
per Annexure 3.6 within a period of fifteen days from the date of written notification of
acceptance that offer for maintaining the system. The Performance Guarantee Bond
should be equal to 10% of the value of the contract in the form of a Bank Guarantee from
an authorized bank. The Performance Guarantee Bond shall not affect the validity of the
contract, which has already come into existence with the acceptance of the maintenance
contract. The guarantee shall be initially for a period of 13 months. However, in the
event the maintenance agency continues the contract beyond one year, the contractor
shall get the bank guarantee extended for the necessary period well before its expiry. The
Performance Guarantee Bond shall be returned to the Maintenance Agency without any
interest at the expiry of the contract period subject to the terms laid down in Article 10.
7.2
The Performance Guarantee Bond shall be executed on a stamp paper of requisite value
in accordance with the laws of the India as per Performa annexed at Annexure 3.6. All
expenditure to be incurred for this purpose shall be borne by the Maintenance Agency.
13
8.
COMPREHANSIVE MAINTENANCE FOR THE CONTRACT PERIOD
The vendor shall maintain the system in good working order. The service shall consist of
preventive and corrective maintenance and shall include:
8.1
8.2
8.3
8.4
8.5
8.6
Maintenance coverage should maintain 99.5% uptime, and would be on call 24X7 with
call to response time 2 hrs (i.e. engineers should reach to the site with in 2 hrs) and
resolution time should be such that which can be able to attain 99.5% uptime on monthly
basis. Failing to which, it would attract Liquidated Damages (LD) as per Clause No. 7.13
below. System will be treated as down if there is disruption of service due to hardware
failure or Operating System related problem.
Vendor will maintain their own inventory of spares so as to give the fast and efficient
service, Carryout all necessary repairs and replacements of parts without any additional
cost, if any.
A monthly report on performance of all components viz. System Software and Servers is
to be submitted to CRIS for necessary rectification in the performance in line with
Application and User Requirements.
Vendor has to install all patches and updates as released by OEM of Hardware, Firmware
and O/S.
In case of any problem resolution, a detailed analysis of failure should be conducted in
consultation with OEM to avoid any similar failure in future. Preliminary report shall be
submitted within 24 hrs of failure and detailed technical report will have to be submitted
to CRIS within one week.
The maintenance agency shall carry out preventive maintenance of all main system
components once in six months, which will involve the following:
(a)
(b)
Run the console diagnostics tests to check hardware (CPU, Memory and I/O
controllers).
Check the Network Cables layed from Server to the Core LAN Switch by using
industry standard testing/measurement device (such as Fluke Meter or Penta
Scanner) to verify the relevant performance parameters. These parameters
shall include Impedance (in Ohms), Resistance (in Ohms), Propagation Delay,
Delay Skew, NEXT (Near End Cross talk), FEXT (Far End cross talk), Return
Loss, Attenuation, ACR (Attenuation to Cross talk Ratio) etc. as per the
ANSI/EIA/TIA-568A in case of CAT-5 cable or ANSI/EIA/TIA-568-B in case
of CAT-6 cable.
(c)
Check and clean fan/blowers and power supplies for proper functioning.
(d
Perform physical inspection to see that all peripheral devices (e.g., DLT, DAT
Drives etc.) are in no fault condition.
(e)
Analyse error log for errors reported since previous PM.
(f)
If any fault is detected during diagnostics then take necessary steps to rectify it
and replace it, if required.
(g)
If any errors are observed in error log, analyse them in detail and carry out
necessary activities to eliminate them.
14
(h)
(i)
8.7
8.8
8.9
8.10
8.12
8.13
Collect data for all controllers and record in the site log.
Shall use diagnostic software or an alternative facility/facilities to diagnose and
analyze predictive failures in the disk drive of servers and storage.
(j) A Preventive Maintenance (PM) report, which highlights the findings &
follow-up actions, will be supplied to the Regional Manager/CRIS within one
week.
The maintenance agency shall nominate a senior functionary at each of the five sites for
day-to-day coordination with Regional Manager of CRIS at sites and one Central
Coordinator for coordinating with CRIS Headquarters office at Chanakyapuri, New
Delhi.
The maintenance agency shall provide a clear-cut escalation matrix to the respective
Regional Manager/CRIS and CRIS headquarters office at Chanakyapuri, New Delhi.
The maintenance agency shall submit Analysis/Performance report on utilization of
CPU/RAM on weekly basis.
In the event of a partly failure, i.e. CPU/memory card etc. (which does not cause
disruption of service) the part should be delivered within one day and should be installed
in 48 hrs, beyond which attract liquidated as per Clause No. 8.13 (a) as a total failure of
the system given hereunder.
In case the vendor is not able to provide 99.5% uptime during the month, the downtime
will be from the time of lodging of complaint for every hour or part of hour..
Liquidated Damages
In the event of vendor’s failure to maintain the required uptime performance, CRIS will
be entitled to recover from vendor, not by way of penalty, but by way of agreed
damages at the rate as under:(a)
For a total failure of the system:
One percent of the Maintenance charges payable during the quarter to
vendor, for every hour or part thereof of total system failure beyond the
limit specified in Article 8 above. Parts of the hours will be reckoned on
a pro-rata basis.
(b)
For delayed response:
If the response is delayed beyond two hours stipulated in Article 8, then
damages at the rate Rs. 500/- per hour or part thereof shall be levied for
delays beyond two hours. This will be in addition to 8.13 (a) above.
(c)
The calculation of liquidated damages shall be done on per site basis as per
following proportions:
Delhi Site
24%
Mumbai Site
17%
Kolkata Site
17%
Chennai Site
17%
Secundrabad Site
17%
CRIS Chanakyapuri 8%
15
8.14
Maintenance Service does not include the following:
(a) Electrical work external to machine or maintenance of accessories,
attachments, machines or other devices not covered under the agreement.
(b) Consumables like Ribbons, Magnetic tapes, Cartridges and Stationery.
8.15
A monthly report jointly signed by both maintenance agency and Regional
Manager/CRIS would be submitted by 10th of the next month to GM/PRS/New Delhi.
The Maintenance Agency shall get a monthly report on the level of his satisfactory
performance indicating the liquidated damages leviable, signed by Regional
Manager/CRIS at all the hub sites and submit the same along with the bills for payment
of maintenance charges.
9.
UPDATES & UPGRADES
The vendor should have a back-to-back agreement/arrangement with the manufacturer for
installing necessary upgrades whenever any upgrade or update is released by the manufacturer
for the better performance and upkeep of the system. The vendor in conjunction with OEM, shall
install all such updates and upgrades for the operating system, compilers and other Software
provided with the equipments free of cost during the currency of the contract.
10.
10.1
10.2
TERMINATION OF CONTRACT
In case the vendor fails to provide satisfactory level of maintenance and the calculated
damages in any month exceeds 20% of the monthly maintenance charges, the
purchaser reserves the right to serve a minimum of 7 days’ notice and terminate the
contract.
It shall be open to either party to terminate this agreement any time during its currency
by giving three months notice to the other party, in writing.
11.
Modalities of Maintenance
11.1
The tenderer shall agree to incorporate, free of cost, all hardware changes to the system,
announced by the manufacturer from time to time keeping in view the advancements in
technology, shortcomings of the system and any changes for improving the overall
efficiency of the system.
11.2
All significant changes made to the product shall be identified by the vendor in the form
of Engineering changes notes and/ or vendor bulletins which shall be supplied to the
purchaser.
11.3
Changes which affect the form, fitness, functional performance characteristics or the
external appearance of the product shall be separately to the purchaser. No such
product shall be delivered to the purchaser without prior written consent of the
purchaser, which consent shall not be unreasonably withheld.
16
12.
FREE SERVICE
Tenderers are required to give full particulars of free service they would give to the purchaser as
part of the contract.
13.
SETTLEMENT OF DISPUTES
13.1.
Matters finally determined by CRIS:
All disputes and differences of any
kind whatsoever arising out of or in connection with the contract, whether during
the progress of the works or after their completion and whether before or after
the determination of the contract, shall be referred by the Maintenance Agency
to CRIS and CRIS shall within a reasonable time period after their presentation
make and notify decisions thereon in writing. The decisions, directions,
classification, measurements, drawings and certificates with respect to any
matter the decision of which is specifically provided for by these or other special
conditions, given and made by CRIS, or by the officer on behalf of CRIS, are
matters which are referred to hereinafter as “Excepted Matters” and shall be final
and binding upon the Maintenance Agency and shall not be set aside on account
of any informality, omission, delay of error in proceeding in or about the same
for any other ground or for any other reason and shall be without Appeal.
13.2.
Demand for arbitration
In the event of any dispute or difference or
differences between the parties hereto as to the construction or operation of this
contract, or the respective rights and liabilities of the parties, on any matter in
question, dispute or differences on any account, or as to the withholding by
CRIS of any certificate to which the Maintenance Agency may claim to be
entitled to, or if CRIS fails to make a decision within a reasonable time, then and
in any such case, but except in any of the excepted matters referred to in para
14.1 above, the Maintenance Agency, till 90 days of presenting his final claim
on disputed matters may demand in writing that the dispute or difference be
referred to arbitration. Such demand for arbitration shall specify the matters
which are in question, dispute or the difference, and only such dispute or
difference of which the demand has been made and no other shall be referred to
arbitration.
13.3.
On a demand for arbitration being received, the disputed matters shall be referred
to the sole arbitration of an officer of CRIS/Railways/Law Ministry, appointed to
be arbitrator by the Managing Director/CRIS. It will be of no objection that the
arbitrator is a Government Servant/Officer and that he had to deal with the
matters to which the contract relates or that in the course of his duties as a
Government Servant/Officer he has expressed views on all or any of the matters
in dispute or difference. The award of the arbitrator shall be final and binding on
the parties to this contract. In the event of the arbitrator dying, neglecting or
refusing to act or resigning or being unable to act for any reason, or his award
being set aside by the Court for any reason, it shall be lawful for the Managing
Director, CRIS to appoint another arbitrator in place of the outgoing arbitrator in
the manner aforesaid
13.4.
The arbitrator may from time to time with the consent of all the parties to the
contract enlarge the time for making the award.
17
13.5.
If the value of the claim in a reference exceed Rs. One lakh, the arbitrator shall
give reasoned award.
13.6
The venue of arbitration shall be the place from which the acceptance of tender
is issued or such other place as the Managing Director, CRIS at his discretion,
may determine.
13.7
Upon every and any such reference, the assessment of costs incidental to the
reference and award respectively shall be in the discretion of the arbitrator.
13.8
In this article, the expression “Managing Director” CRIS shall include the
Directors and Regional Managers of CRIS.
13.9
If the Maintenance Agency does not prefer his specific and final claims in writing,
within a period of 60 days of receiving the intimation from CRIS that the final bill
is ready for payment, he will be deemed to have waived his claim(s) and CRIS
shall be discharged and released of all liabilities under the contract in respect of
those claims.
13.10
Obligation during pendency of arbitration: Work under the contract unless otherwise
directed by CRIS will continue during the arbitration proceedings and no payment
due or payable by CRIS shall be withheld, except payments involved in the
dispute, on account of such proceedings provided, however, it shall be open for
arbitrator or arbitrators to consider and decide whether or not such work should
continue during arbitration proceedings.
13.11
The Arbitrator shall have power to call for such evidence by way of affidavits or
otherwise as the Arbitrator shall think proper, and it shall be the duty of the
parties here to be or cause to be done all things as may be necessary to enable the
Arbitrator to make the award without any delay.
13.12
Subject to as aforesaid, Arbitration and Conciliation Act 1996 and the Rules there
under any statutory modification thereof shall apply to the Arbitration
proceedings under this clause.
13.13
The Maintenance Agency shall not be entitled to make any claim whatsoever
against CRIS/RAILWAYS under or by virtue of or arising out of this contract,
nor shall CRIS/RAILWAYS entertain or consider any such claim if made by the
Maintenance Agency, after he shall have signed a “No Claim” certificate in
favour of CRIS/RAILWAYS, after the works are finally completed. The
Maintenance Agency shall be debarred from disputing the correctness of the items
covered by “No claim” Certificate or demanding a reference of Arbitration in
respect thereof.
14.
FORCE MAJEURE
Neither the Purchaser nor the Contractor shall be liable to the other for delay in execution
or failure of their respective obligations under this Contract caused by occurrence of
events beyond the control of CRIS or the Maintenance Agency as the case may be, such
as, fire, explosion, floods, hostility, acts of public enemy, wars, insurrection, riots, lockouts, sabotage, any law, statute or ordinance, order, action or regulations of the
18
Government. The party shall promptly, but not later than fifteen days of the
commencement of occurrence of Force Majeure conditions, notify the other in writing of
such contingency and prove that such contingency is beyond his control and affects the
implementation of this Contract adversely and materially. Notice of cessation of Force
Majeure condition will be given to the other party immediately but not later than fifteen
days. If such contingency continues beyond ninety days, both parties agree to discuss
and agree upon an equitable solution for termination of this contract, or otherwise decide
the course of action to be adopted. The respective obligations of parties shall be extended
for the period of Force Majeure provided notices as required above are given in time and
the contingency established, if so required by the other party. Nothing herein contained,
however, shall or shall be deemed to conflict with or preclude the termination of this
contract under Article 11.
15.
“NO CLAIM” CERTIFICATE
The Maintenance Agency shall not be entitled to make any claim whatsoever against
CRIS or the Railways under or by virtue of or arising out of this contract, nor shall CRIS
or Railways entertain or consider any such claim, if made by the Maintenance Agency
after he shall have signed a “No Claim” certificate in favour of CRIS/Railways in such
form as shall be required by CRIS after the works are finally accepted.
16.
LIABILLITY OF IMPORTS
Goods required to be imported, if any, shall be the exclusive responsibility of the
contractor. CRIS shall not be liable for licenses, costs, expenses, taxes, duties or delay in
performance of the contract in respect thereof.
19
SECTION-3
Annexure 3.1
SCHEDULE OF INVITATION TO TENDER NO. CRIS/PRS/AMC of NTES/209-D
1. Name of Purchaser
:
Centre For Railway Information Systems
2. Location of Maintenance site
:
Five Hub Sites viz. Delhi, Mumbai, Kolkata,
Chennai, Secundrabad and CRIS,
Chanakyapuri New Delhi.
3. Latest time and date
:
On before 15.00hrs on 14.06.2010
4. Place, time and date of opening
:
Office of the Addl. General Manager/PRS,
Room No. -----, Centre For Railway
Information Systems, Chanakyapuri, New
Delhi-110021 at 15.00hrs on 14.06.2010
5. Date till which the tender shall
:
Remain valid open for acceptance
120 days from the opening of the tender.
20
Annexure 3.2
BID PARTICULARS
1.
Name of address of the Bidder
:
2.
State whether services facilities
are available at New Delhi.
:
3.
Bidder’s Proposal No. and date
:
4.
Name and address of the officer
to whom all reference shall be
made regarding this tender
enquiry.
:
Telex No.
:
Telephone No. :
Fax NO.
:
Witness
:
Signature
Signature
Name
Name
Address
Designation
Date
Company
Date
Company Seal
21
Annexure 3.3
To
The Managing Director,
Centre for Railway Information Systems,
Chanakyapuri,
New Delhi – 110021.
India.
Ref: Tender No……………………………………………….
Sir,
1. We declare that we are maintenance of …………………………………………………....
………………………………………………………………………………………………
2. We hereby offer to undertake comprehensive post warranty maintenance of NTES IBM
Servers and System Software at five Hub Sites viz. Delhi, Mumbai, Kolkata, Chennai,
Secundrabad and at CRIS, Chankyapuri, New Delhi at the price and rates mentioned in
Annexure 3.4.
3. The above prices are inclusive of all charges.
4. We enclosed the complete Bid documents as required by you including a Statement of
Deviations from the tender and tender and conditions (Annexure 3.5).
(Sent “Nil” statement if there are no deviations).
5. We agree to keep our offer valid for acceptance for a period of 120 days form the date of
opening of the tender and shall be bound by a communication of acceptance within that
time.
6. We have read and understood the terms of the instructions to tenders, the special
conditions of the contract applicable to the tender. We undertake to provide
comprehensive maintenance. The deviations from the above terms and conditions are
only those mentioned in Annexure 3.5.
7. Certified that the tenderer is:
a) A sole proprietor ship firm and the person singing the tender id the sole
proprietor/constituted attorney of the sole proprietor;
or
b) A partnership form, and the person signing the tender is a partner of the firm
and he has authority to sign this tender and refer to arbitration disputes
concerning the business of the partnership by virtue of the partnership
agreement/by virtue of general power of attorney of that the tender documents
have been signed by all the parties,
or
c) A company and the person signing the "tender is the constituted attorney.
22
8. ____________________________________________ Bid
Guarantee
(Earnest Money) for an amount equal to Rs. ____________________
Is
enclosed
vide
Demand
Draft
No.
dated
drawn
on.
…………………Dated
…………………….…….drawn on ………………………………………………. Bank
…………………………..
Details of Enclosures:
(Signature of the Tenderer)
Full Address: ____________________
Telephone No. ___________________
Telegraphic Address: _______________
__________________________________
Fax No.: ________________________
Seal of Company
23
Annexure 3.4
“PRICE SCHEDULE”
S.NO.
Description
Rates in fig. & words
1)
Maintenance charges per annum (in Rs.)
of the system components for 365 days
in a year(24hrs X 7 days) detailed in
Annexure A.
2)
Any Addition/deletion of the equipment
in the AMC contract (which are with OEM
warranty) shall be done @___% of
the equipment cost from effective date.
3)
Any Addition/deletion of the equipment
in the AMC contract (which are without OEM
warranty) shall be done @___% of
the equipment cost from effective date.
4)
Taxes, if any.
Date:
Signature of Tenderer
24
Annexure 3.5
Statement of Deviations from Standard Terms and Conditions as Detailed In the Sections 1
And 2
(Please see Article 20 of the “Instructions to the Tenderer”)
S. No.
Reference to terms &
Conditions of the tender
(Section & Article no.)
Deviation
Remarks
Date:
Signature of the Tenderer
Annexure 3.6
25
26
27
Annexure 3.7
28
(Please see Article 7.5 & 7.12 of the “Special Condition of Contract”)
1.
The type of Software with its broad
functionalities to diagnose predictive
failures in the disk, which will be provided.
2.
The type of back-up arrangements, if any
with the manufacturer.
Date:
Signature of the Tenderer
Annexure - A
29
Details of NTES Hardware and System Software
LOCATION OF
MACHINE
DELHI
MUMBAI
CHENNAI
SECUNDERABAD
KOLKATA
CRIS/CHANKYAPURI
Function
MACHINE
HOST
NAME
MACHINE
IP
ADDRESS
primary
ntesdli1
10.96.0.16
secondary
ntesdli2
10.96.0.17
primary
ntesbmb1
10.128.0.16
secondary
ntesbmb2
10.128.0.17
primary
ntesmas1
10.160.0.16
secondary
ntesmas2
10.160.0.17
primary
ntessc1
10.224.0.16
secondary
ntessc2
10.224.0.17
primary
ntescal1
10.192.0.16
secondary
ntescal2
10.192.0.17
--------
ntesdev
10.64.0.180
30
OS
Installed
RHEL
AS 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
ES 4
RHEL
AS 4
Sever
make
IBM
X3755
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
IBM
X3655
RAM
Available
Hard
Disk
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
8GB
4*146GB
6GB
4*146GB
No.
of
CPU
2
1
1
1
1
1
1
1
1
1
1