request for proposal (rfp) fordhbvn.org.in/staticcontent/tender/rapdrp/bid/bid-ter-35-2018.pdf ·...

TER-35 /IT Phase-II/SI/2019

TER- 35 /IT Phase –II/SI/2019 of 67

Request for Proposal (RFP)

FOR

Engagement of a System Integrator (SI) for Development of

Commercial Database for the consumers in IPDS Towns and

remaining Non-R-APDRP/R-APDRP areas of DHBVN & UHBVN,

integration of the same with Oracle Suite/Commercial business

applications/modules existing with the utility and rollout of the

commercial business operations in the designated field offices.

Purchaser: Dakshin Haryana Bijli Vitran Nigam on Behalf of

RFP Identification No.35 /IT Phase –II/SI/2019 Single Stage – Double Envelope Selection Procedure

The last date for submission of RFP is 05 .03 .2019 (Up to 13:00 Hrs)

Chief Technology Officer, DHBVN, Vidyut Sadan, Vidyut Nagar, HISAR – 125005. E-mail:[email protected]

Superintending Engineer/R-APDRP,

DHBVN, Vidyut Sadan, Vidyut Nagar, Hisar-125005. Email:[email protected] [email protected]

Disclaimar: This document is meant for the exclusive purpose of RFP and shall not be transferred,

reproduced or otherwise used for purposes other than that for which it is specifically used

Dakshin Haryana Bijli Vitran Nigam

Uttar Haryana Bijli Vitran Nigam



INDEX

SECTION DESCPRITION PAGE NO.

I. Invitation for Bid

II.

Instructions to Bidders

III.

Special Conditions of Contract

IV.

Scope of Work

V.

General (Commercial) Conditions of Contract

VI.

Price Bid Schedule

VII. Annexures

(i)

Format of Performance Bank Guarantee (PBG)

(ii)

Bid Security Form

(iii) SRS



SECTION – I

INVITATION FOR BID

(IFB)



DAKSHIN HARYANA BIJLI VITRAN NIGAM (A Govt. of Haryana Undertaking)

NOTICE INVITING TENDERS (Through e-tendering)

E-tender is invited in two parts (Part-I, Technical Bid & Part-II, Price

Bid), from the firms, by the Chief Technology Officer, DHBVN, Hisar on behalf of DHBVN & UHBVN as per following details:

Sr. No.

Date of Starting of e-Tender for submission of on line Techno-

Commercial Bid and price Bid at https://haryanaeprocurement.gov.

in of Nextenders India Pvt. Ltd.

Date of closing of online e-tender for submission of Techno-Commercial Bid & Price Bid on web

portal

Opening date of part-1 of proposal

on web portal

1 20.02.2019 05.03.19 (upto13.00

Hrs.) 05.03.19

(at 15.00 Hrs)

1. The Tender Documents fee and E-Service will be paid online.

2. Part-I of the e-tenders against the above NIT will be opened in the office of the

Chief Technology Officer, Vidyut Sadan, Vidyut Nagar, DHBVN, Hisar, as per

schedule above.

NIT No./ date Brief Scope of work

Earnest Money deposit (In Rs.)

Tender documents Fees (Non-refundable) (In Rs.)

E-Service Fee (Non-refundable) (In Rs.)

TER-35 / /IPDS-IT Phase –II/SI/2019

dated 20.02.2019

Engagement of a System

Integrator (SI) for Development

of Commercial Database for

the consumers in IPDS Towns

and remaining Non-R-

APDRP/R-APDRP areas of

DHBVN and UHBVN,

integration of the same with

Oracle Suite/Commercial

business applications/modules

existing with the utility &

rollout of the commercial

business operations in the

designated field offices.

1000000/- 5000/- 1000/-



3. The EMD shall be deposited in the shape of Bank Guarantee from scheduled

bank/ Nationalized valid upto 193 days from the date of opening of part-1 of

tender. It is expected of the prospective bidder to deposit EMD before deadline

of submission of bids due to web portal provisioning. Any non-acceptance of

EMD by web-based system on last day of submission of bids due to web-portal

constraints shall be the bidder’s responsibility.

4. The purchaser reserves the right to reject one or all of the tenders received,

without assigning any reason.

5. The tender documents having detailed terms and conditions can be downloaded

from the website https://haryanaeprocurement.gov.in from 21.02.2019 onwards.

The e-tenders shall be received through website only. All interested firms are

requested to get themselves registered as vendors with the said website for

submitting their bids. For any assistance, please contact, Mr. Lalit Saini

(09034357793) or Toll free no. 1800-180-2097 of M/s Nex Tenders (India) Pvt.

Ltd., Panchkula. The bidders who are participating in one or more RFP shall

deposit one set of hard copy of the bid duly stamped & signed. The price bid is to

be submitted on-line only. The Price bid in hand / paper form shall not to be

accepted / entertained.

6. Only those tenders shall be considered who deposit the earnest money and

tender cost & transaction fee by due date.

Corrigendum, if any would be published online on the website.

-sd-

Chief Technology Officer, DHBVN, Hisar.

https://haryanaeprocurement.gov.in/



To be submitted by the Bidder along with the Bid online

SECTION

DESCPRITION Bidder response (Agree/Disagree)

I. Invitation for Bid

II. Instructions to Bidders

III. Special Conditions of Contract

IV. Scope of Work

V. General (Commercial) Conditions of Contract

VI. Price Bid Schedule

VII. Annexures

(i)

Format of Performance Bank Guarantee (PBG)

(ii)

Bid Security Form

(iii) SRS

I / We have gone through the bid documents in totality and accept all the terms and conditions available in the bid documents.



SECTION – II

INSTRUCTION TO BIDDERS



INSTRUCTIONS TO BIDDERS

1.1. Introduction

The power sector reforms in the state of Haryana were initiated by the Government of

Haryana (GoH) under the Haryana Reforms Act 1998 on 10th March 1998. The

Haryana Electricity Regulatory Commission (HERC) was formed on 16th August

1998 and the Haryana State Electricity Board (HSEB) was unbundled in to two

independent company’s viz. Haryana Power Generation Corporation Limited

(HPGCL), to undertake generation of electricity, and Haryana Vidyut Prasaran Nigam

Limited (HVPNL) to undertake transmission, distribution and retail supply of electricity

in the state of Haryana.

Subsequently in July 1999, two distribution companies viz. Uttar Haryana BijliVitran

Nigam Ltd. (UHBVNL) and Dakshin Haryana BijliVitran Nigam Ltd. (DHBVNL) were

separated from HVPNL to exclusively undertake function of distribution and retail

supply of electricity in their respective geographic areas.

Electricity Sector organizations in Haryana

HERC Haryana Electricity Regulatory Commission http://www.herc.nic.in

HPGCL Haryana Power Generation Corporation

Limited http://hpgcl.gov.in

HVPNL Haryana Vidyut Prasaran Nigam Limited http://www.hvpn.gov.in

DHBVN Dakshin Haryana BijliVitran Nigam Ltd http://www.dhbvn.org.in

UHBVN Uttar Haryana BijliVitran Nigam Ltd http://www.uhbvn.org.in

1.2. Company Profile

1.2.1. DHBVN Profile

S.No. DHBVN as whole Office Covered under R-APDRP

Name of Circle

Circle No. of Divisions &

other offices

No. of S/Divns


other offices

No. of S/Divns

1 Hisar 1 14 11 1 14 4

2 Faridabad 1 7 18 1 7 16

3 Sirsa 1 3 13 1 3 4

4 Bhiwani 1 5 16 1 3 4

5 Narnaul 1 2 8 1 1 1

6 Gurugram-I 1 4 8 1 4 4

7 Rewari 1 4 11 1 2 3

8 Palwal 1 3 11 1 1 2

9 Jind 1 3 12 1 2 4

10. Gurugram-II 1 3 7 0 1 5

http://www.herc.nic.in/

http://hpgcl.gov.in/



11. Fatehabad 1 2 11 0 2 2

TOTAL 11 50 126 9 40 49

1.2.2. UHBVN Profile

S.No. UHBVN as whole Office Covered under R-APDRP

Name of Circle


other offices

No. of S/Divns


other offices

No. of S/Divns

1 Ambala 1 3 16 1 3 10

2 Kurukshetra 1 3 11 1 3 6

3 Karnal 1 4 17 1 2 6

4 Panipat 1 3 9 1 2 4

5 Kaithal 1 3 12 1 2 4

6 Yamunanagar 1 3 14 1 2 6

7 Jhajjar 1 3 11 1 2 3

8 Sonepat 1 3 13 1 2 4

9 Rohtak 1 3 9 1 2 4

TOTAL 9 28 112 9 20 47

2.0. Brief about Existing R-APDRP (IT) Project

2.1. About RAPDRP

The Government of India in 10th Plan started Accelerated Power development and

reforms program for reforms in distribution with following objective: -

• Reduction of AT&C losses

• Bring about Commercial viability

• Reduce outages & interruptions

• Increase consumer satisfaction

Considering the need for continuity and to rein in the losses of the utilities, need was

felt to continue the initiative of APDRP in 11th plan which was termed as R-APDRP.

On review of the status and benefits achieved under APDRP, it was felt that to have

sustainable distribution business, it is essential to give impetus to IT enabling of the

sector on an integrated platform. The IT platform shall assist in capturing and

validating the energy and revenue model to gather in a transparent manner with

accuracy.

Also, considering the difficulties of domain expertise in IT area of the utilities and the experiences the utilities had, it was considered necessary to prepare SRS template, which shall provide the IT infrastructure for drawing the baseline data while



addressing the need of IT back bone in the area of distribution business process to capture the benefits of the investments on sustainable basis.

R-APDRP (Part - A) IT has been implementated in total 36 towns of UHBVN and

DHBVN to meet the following objectives: -

a) Establishing base line data for accurate measurement of losses.

b) Improving customer services which include projects for establishment of IT

Infrastructure & deployment of applications like Meter Data Acquisition, GIS

based electrical asset mapping and consumer indexing, Meter Reading,

Billing, Collections, MIS, Energy Audit, New Connection, Disconnection,

Customer Care Services, Web self-service etc.

Under the RAPDRP (Part - A) IT scheme, the following IT Infrastructure has been

setup in DHBVN & UHBVN along with the associated activities:

i. Data Center at Hissar

ii. Disaster Recovery Center at Panchkula

iii. Common Centralized Call Center for both Utilities at Gurgaon for seating

capacity of 100 with a Toll Free No.

iv. Following S/W application modules for distribution & retail supply business

activities:

a. Meter Data Acquisition System

b. Energy Audit

c. New Connection

d. Disconnection & Dismantling

e. GIS based Customer Indexing and Asset Mapping

f. GIS based integrated Network Analysis Module

g. Centralized Customer Care Services

h. Management Information System (MIS)

i. Web Self Service

j. Identity and Access Management System

k. System Security Requirement

l. Development of Commercial Database of Consumers

m. Metering

n. Billing

o. Collection

p. Asset Management

q. Maintenance Management

r. Document Management System

s. Mail / Messaging System

t. Enterprise Management System and Network Management System



u. Antivirus & Firewall System

v. Data Warehouse System with MIS application

v. Feeder/DT/HT consumer AMR facility

vi. DGPS based GIS Survey for Asset mapping & consumer indexing in all towns

coming under the R-APDRP scheme

vii. Establishment of LAN, MPLS-VPN and other networking in all the identified

towns of both the DISCOMs

viii. Integration, as envisaged in G1 section under 3.10 paragraph of SRS

Document, with existing applications.

ix Data Migration for following applications as envisaged in section G1 under 3.9

paragraph of SRS, but not limited to

a. Metering

b. Billing

c. Collection

d. New Connection

e. Disconnection and Dismantling

f. Asset Management

g. Maintenance Management

x. Solution component mapping with business functions as implemented in

RAPDRP is given below:

RAPDRP Functional Modules Solution Components

Meter Data Acquisition System (MDAS)

Secure Meters - Integrator, DCU Devices, Substation Monitoring

Energy Audit Secure Meters – Enerlyser

New Connection Oracle Utilities CCB Product

Disconnection and Dismantling Oracle Utilities CCB Product

Centralized Customer Care Services Oracle Utilities CCB Product, Contact Anywhere product integrated with Call Center Solution

Management Information System (MIS)

Oracle CCB, WAM BI Publishers, OBIU for DWH

GIS based customer indexing and asset mapping

ESRI

GIS based integrated network analysis module

PRDC NA Product (PRDC)

Web Self Service JBOSS Server.

Identity and Access Management CA IDM

System Security Requirement CA IDM Suit

Development of Commercial Oracle Utilities CCB Product



RAPDRP Functional Modules Solution Components

Database of Consumers

Metering Oracle Utilities CCB Product

Billing Oracle Utilities CCB Product

Collections Oracle Utilities CCB Product

Asset Management Oracle Utilities WAM Product

Maintenance Management Oracle Utilities WAM Product

Business Intelligence Oracle Utilities BI (OUBIEE)

Document Management NewgenOmnidocs

Workflow Management Workflow Engine

Integration Middleware Oracle OSB Suite

2.2 IPDS Phase-II (IT Enablement in Non-RAPDRP Areas)

2.2.1 The Opportunity

Ministry of Power, Govt. of India, has launched the Integrated Power Development

Scheme (IPDS) on 3rd Dec’14 as a Central Sector Scheme to extend financial

assistance against capital expenditure to address the gaps in Sub-Transmission and



distribution network and metering in Urban Areas to supplement the resources of

Discoms/ Power Deptt. The existing scheme of R-APDRP as approved by CCEA for

continuation in 12th and 13th Plans has been subsumed in this scheme and will be

continued as a separate component of IPDS for IT enablement of distribution sector.

Power Finance Corporation Limited (PFCL) has been designated by GoI as the Nodal

Agency for the programme. In IT Phase-2 of IPDS, scope of IT enablement exists in

more than 2600 towns. IT enablement in these towns will enable improvement in

Consumer satisfaction and power supply reliability, monitoring of all 11 KV Feeders

and proper Energy Accounting and Auditing, which will ultimately help in taking

measures for reduction of AT&C losses and improvement in financial viability of the

DISCOMs.

The ITIA would supply, install and commission one integrated solution within the

broad framework provided in the SRS (System Requirement Specification) document.

SRS Committee under the guidance of Ministry of Power has finalized a detailed SRS

document which covers all the components of the project including hardware,

software, networking; GIS among others which shall help the utilities improve their

performance.

2.2.2 The Programme

Govt. of India has launched Integrated Power Development Scheme (IPDS) for the

Urban areas with the following components:

(i) Strengthening of Sub-transmission and Distribution network in urban areas

including provisioning of solar panels on Govt. buildings including Net-metering.

(ii) Metering of feeders/distribution transformers / consumers in urban areas and,

(iii) IT enablement of distribution sector and strengthening of distribution network

As per IPDS guidelines, schemes for IT enablement of distribution sector is

envisaged to be covered as per requirement of Utility. At present IT enablement has

been taken up in 1405 towns under R-APDRP, Part-A. However, in order to cover IT

enablement of distribution business across entire Urban area, Ministry of Power has

approved IT enablement of non-RAPDRP towns (about 2600 Nos.) under IPDS, so

that entire Urban area in the country can be IT enabled. The IT system established



under RAPDRP has enabling provision by way of scalability in the design of Data

center (DC) / Disaster recovery center (DR) to meet the ultimate requirement of entire

state power Utilities. Hence, to extend the coverage to additional towns, incremental

expenditure shall be required and benefit of IT based system can be derived in such

towns.

3. Scaling up of the R-APDRP IT system in IPDS Towns and remaining Non R-APDRP areas of DHBVN and UHBVN Under the IPDS scheme launched by PFC/MoP, GoI, DHBVN and UHBVN

have decided to extend the RAPDRP IT systems to IPDS Towns of DHBVN

and UHBVN in the first phase and subsequently to remaining Non R-APDRP

areas in the second phase. The details of areas are as under: -

For DHBVN: -

Description Total Nos

Covered under R-APDRP

(PFC/MoP, GoI Funding)

Proposed under IPDS


Proposed along with

Phase-II (Own Funding)

Circle offices 11 9 2 0

Divn Offices 30 21 7 2

Sub Divn Offices 126 49 24 53

HV/EHV Sub Stations

452 115 43 294

11 KV Feeders 4917 1162 68 3687

33 KV Feeders’ 336 32 25 279

Consumers 3274824 1201072 149056 2085904

DT/Fs 250581 13021 2973 0

For UHBVN:

Description Total Nos

Covered under R-APDRP


Proposed under IPDS


Proposed along with Phase-II

(Own Funding)

Circle offices 9 9 0 0

Divn Offices 28 20 7 1

Sub Divn Offices 114 46 17 50

HV/EHV Sub Stations

333 122 22 189

11 KV Feeders 4476 656 58 3762

33 KV Feeders’ 333 35 15 283



Consumers 27,59,193 7,40,499 1,28,712 18,89,982

DT/Fs 2,60,416 19,695 2127 0

Detail of Offices for DHBVN and UHBVN is listed as below:

a. DHBVN Offices Detail: -

i. Under IPDS scheme: -

Name of Circle Name of Towns No. Of Sub

Division No. Other

Office

Narnaul

Ateli 1 0

Kanina 1 0

Mahendragarh 1 1

Rewari Bawal 1 0

Dharuhera 1 1

Bhiwani

Bawani Khera 1 0

Loharu 1 0

Siwani 1 1

Gurugram

Farrukhnagar 1 1

Pataudi 1 0

Hailey Mandi 0 0

Jind

Julana 1 0

Safidon 1 1

Uchana 1 0

Sirsa Kalanwali 1 0

Rania 1 0

Hisar Narnaund 1 0

Fatehabad Ratia 1 1

Palwal

Ferozepur Jhirka 1 0

Hassan Pur 1 0

Hathin 1 0

Nuh 1 1

Punahana 1 0

Gurugram -II Sohna 1 2

Taoru 1 0

Total 24 9

ii. Balance Non- R-APDRP area of DHBVN (Under Own funding):-

Name of Circle No. of S/Divns No. of Other

office

Hisar 5 0

Fatehabad 8 0

Faridabad 2 0

Sirsa 7 0

Bhiwani 9 0

Narnaul 4 0

Gurugram-I 2 0



Gurugram-II 1 0

Rewari 6 1

Palwal 4 0

Jind 5 0

Total 53 1

b. UHBVN Offices Detail: -

i. Under IPDS scheme: -

Name of Circle Name of Towns No. Of Sub Division No. Other

Office

Karnal

Nilokheri 1 2

Taraori 1 2

Nissing 1 2

Assandh 1 2

Indri 1 2

Yamunanagar Naraingarh 1 1

Kurukshetra Ladwa 1 1

Panipat Samalkha 1 2

Jhajjar Beri 1 1

Ambala Pinjore 1 2

Rohtak

Meham 1 1

Kalanaur 1 3

Sampla 1 4

Sonipat Ganaur 1 2

Kharkhoda 1 1

Kaithal Pundri 2 3

Kalayat 1 1 Total 18 32

ii. Balance Non- R-APDRP area of UHBVN (Under Own funding):-

Name of Circle No. of S/Divns No. of Other office

Karnal 7 8

Yamunanagar 6 6

Kurukshetra 5 5

Panipat 4 4

Jhajjar 7 7

Ambala 6 6

Rohtak 2 2

Sonepat 8 8

Kaithal 5 5

Total 50 51



4. ELIGIBILITY CRITERIA:-

i. General Eligibility Criteria for bidders shall be as under:

S.

No. Eligibility criteria Supporting documents required

1

The bidding is open to Companies registered in India under companies Act 1956 or Companies Act 2013 and are fulfilling eligibility criteria.

a) Self-Attested copies of Memorandum and articles of association of Company incase of company, or attested copy of certificate of registration of firms and societies in case of Firms.

b) Self-Attested copy of partnership deed of the form if firm is a partnership firm

c) List of its present directors / owners/ Executivecouncil members / trustees/board members of the bidder/Agency (as applicable) on official letter head of the Agency duly signed by the authorized signatory of the bidder/Agency.

d) Affidavit of authorized signatory on its official letter head duly signed by its board of Directors.

2. The bidder must be registered with Tax Department.

Self-Attested copy of the GST number issued by Government of India.

3. The bidder must be registered with EPF organization.

Self-Attested copy of the certification/registration

with code number issued by Employee Provident Fund

organization under EPF Act, 1952.

4. No deviations from terms and conditions of Bid document.

Proforma for ‘no deviations’ document duly filled and signed by the bidder is to be provided to the Employer.

5.

Undertaking for mandatory compliance of all statutory liabilities and other terms and conditions as specified in the document.

Affidavit to be furnished on non-judicial stamp paper, of appropriate value, duly notarized.

Note:- The above documents needs to be submitted by the bidder (Bidding in individual capacity or in consortium as the case may be).



ii. Financial & Technical Eligibility criteria for bidders shall be under:

S.

No. Eligibility criteria Supporting documents required

i.

The Average Annual Turnover of the Bidder (In

case of bid submission in individual capacity)

should be at least Rs. 30,00,00,000/- (Rs. Thirty

Crores) during the last 3 financial year ending 31-

03-2018. In case of consortium, the lead partner

shall meet min. 21 Cr. avg. turnover requirement

for the last three audited financials years ending

31-03-2018, and consortium member shall meet

min. 9 Cr. avg. turnover requirement for the last

three audited financials years ending 31-03-2018

Submit CA Audited Accounts and

Annual Reports needs to be

submitted by the bidder (Bidding in

individual capacity or in consortium

as the case may be).

ii.

In case of the bid submission by the bidder in

individual capacity, the bidder should have

executed at least one system integration projects

(Using COTS product) covering at least 4 of the

following modules: GIS, MIS, Web Self Service,

Asset Management, Maintenance Management,

Billing, Metering, Payment Collection module,

Energy Auditing, Accounting, Customer Care,

MDM, MDAS, Network, Hardware elements

during the last five financial years.

In case of a consortium, the bidders should have executed at least one system Integration project (Using COTS product) covering above IT applications mentioned above during the last five financial years. The requirement of at least 5 modules to be met jointly by the consortium members.

(Proof: Necessary Purchase order/LOI/Contract/Certification on client letterhead/Performance certificate as proof of services provided for the last 5 financial

years needs to be submitted by the bidder (Bidding in individual capacity or in consortium as the case may be).

Iii

In case of bid submission either in individual capacity or in consortium format, net worth should be positive (applicable for individual bidder as well as member bidder's of consortium) and not less than paid-up equity, in each of the last three audited financial years ending 31-03-2018.

Annual Accounts for last three

financial years duly certificed by CA

needs to be submitted by the

bidder (Bidding in individual

capacity or in consortium as the

case may be).



Iv

In case of bid submission by an individual, the bidder/SI should be ISO 9001:2008 or latest. In case of a consortium, this requirement needs to be met by lead or both bidders.

Proof: Copy of certification from

authorized certification body needs

to be submitted by the bidder

(Bidding in individual capacity or in

consortium as the case may be).

V

In case of bid submission by an individual, the bidder should have successfully executed the Data Migration activity using Oracle Database under the system integration project for building up of the commercial database for at least 5 lacs consumer base with in the last five financial years. In case of a consortium, this requirement to be met jointly by the consortium members.

Proof: Necessary Purchase order/LOI/Contract/Certification on client letterhead/Performance certificate as proof of services provided for the last 5 financial years needs to be submitted by the bidder

(Bidding in individual capacity or in consortium as the case may be).

VI

In case of bid submission by an individual, the bidder/SI should have at least 10 personnel on its rolls with a minimum experience of 5 years (either in his/her own or other organization). The roles & responsibilities of the personnel should include system integration of IT applications or software or hardware or network & data migration. In case of a consortium, the requirement of at least 10 personnel having minimum experience of 5 years, is to be met jointly by the consortium members.

The bidder (Bidding in individual capacity or in consortium as the case may be) shall furnish certificate duly signed by the HR Head of the organization and also by the authorized signatory of the bidder.

VII

Information on NJSP regarding any litigation,

current or during the last two years, in which the

Bidder is involved, the parties concerned and

disputed amount.

The bidder shall furnish certificate duly on NJSP signed by the authorized signatory of the bidder and duly notarized. In case of individual bidder, this needs to be furnished by the bidder himself and in case of consortium this is to be furnished by consortium members individually.

VIII

The declaration on NJSP by the firm that it is not

blacklisted by any State Govt. or Agency and shall

be liable for the consequences of wrong

declaration. The bidder should submit along with

the Bid no blacklisting certificate for the past three

years.

The bidder shall furnish certificate on NJSP duly signed by the authorized signatory of the bidder and duly notarized. In case of individual bidder, this needs to be furnished by the bidder himself and in case of consortium this is to be furnished by consortium members individually.



4.1 Any wrong declaration/wrong submission /tempering of documents/violation, if

detected /found at any point of time shall be the sole responsibility of the

Bidder. The Bidder shall be liable for any penalty/damages for any loss to the

Nigam as a result of such wrong declaration / bogus documents/tempered

documents including blacklisting/debarring for three years or any other

punishment as decided by the Nigam.

4.2 Notwithstanding anything stated above, DHBVN reserves the right to assess

the bidder’s ability and capacity to perform the work, should the circumstances

warrant such assessment in the overall interest of the owner.

4.3 Bid may be submitted by the individual bidder or joint venture/consortium

bidder maximum up-to total two partners (having one partner as lead partner).

4.4 In case of bid submission by the consortium, the bidders are also required to

execute and agreement among themselves with respect to the formulation of

consortium defining the roles and responsibilities with respect to entire scope

of project for the instant bid and also with declaration that the lead member

shall be fully responsible for the execution of the project and the consortium

members for the roles defined in the agreement signed among themselves.

5. Bid Summary

(i) Both the Discoms of Haryana, have a common integrated IT solution in the

entire state.

(ii) Dakshin Haryana BijliVitran Nigam (DHBVN) invites the bids on behalf of both

DISCOMs viz. Dakshin Haryana BijliVitran Nigam (DHBVN) and Uttar Haryana

BijliVitran Nigam (UHBVN). All the co-ordination and correspondence will be

done by the DHBVN with the bidders till the final selection of the SI Agency.

After completion of the bid evaluation, the respective DISCOMs would issue

the Work Order and enter into agreement with the selected SI.

(iii) Financial evaluation of the bid shall be done after aggregating total price

quoted for both the DISCOMs.This aggregate price will be considered as final

quote from the bidder.

(iv) The requirements for the data migration/building up of the commercial

database for the consumer mix indicated/mentioned in scope of work are as

per the DISCOMs approved DPRs. However, the same is likely to vary at the

time of actual work done during the execution of the project and the bidders

are required to take this into account.

(v) The selected bidder, after the award of contract, will be allowed to carry out a

detailed As-Is study of the existing Oracle solution architecture so as to finalize

the actual data migration work/quantities To-Be executed and rollout of the

existing CCB application in IPDS & Non R-APDRP areas after approval of the



DISCOMs. Any kind of Std Business Process tools/scripts, required for the

data migration (From the legacy RDBMS SQL 2014 Platform to Oracle 11G

R2 Database for Hartron and Foxpro 5.1 to Oracle 11G R2 database for

NIELIT) and building up of the commercial database & integration of the same

with Oracle Suite/Commercial business applications/modules existing with the

utility, shall be arranged by the bidder itself for the development of a duly

optimized, efficient, rugged, reliable and sustainable database during the

project execution and engagement of the SI. Towards the scaling up of the

system of Oracle Suite in IPDS towns & in Non R-APDRP areas, apart from its

operations in R-APDRP areas, the Data migration activity and integration of

the same with Oracle Suite/Commercial business applications/modules

existing with the utility shall be sacrosanct under the project scope and it

shloud not have any implicit and explicit impact on the working of the existing

application as far as flawless working of the system for 2 months thereafter is

concerned.

(vi) The selected bidder shall be responsible for detailed design and engineering

of overall Data Migration, subsystems, elements, system facilities,

equipments, including services etc. It shall include proper definition and

execution of the Data Migration activity and all interfaces for the commercial

database with Oracle Suite and other IT systems, equipment, material and

services of DISCOM for proper and correct database, performance and

operation of the commercial business.

The bidder shall provide complete engineering data, drawings, reports,

manuals and services offered etc., for DISCOM’s review, approval and

records.

(vii) The selected bidder, with its rich experience, shall also be responsible for

working with the DISCOM so as to develop an Enterprise Portal/Dashboard

module for the Management/Executive Dashboard which will facilitate the

DISCOM in generation of the various operational reports/parameters based

on data analysis through system generated statistics.

(viii) All application software, hardware, data, plans, drawings, specifications,

designs, reports and other documents procured or developed by the selected

vendor in the execution of the contract shall remain the property of the

respective DISCOM, right from the beginning of the contract, during the whole

duration of the project and after the expiry or termination of the contract. The

respective DISCOM shall also remain the sole owner of the property

(Hardware/Software) in case the contract is terminated for any other reasons.

(ix) The source code of the customized part of the script will remain the exclusive

property of the respective DISCOM, even after the termination or expiry of the

contract. The ownership shall also remain with the respective DISCOM in



case the selected vendor fails to execute tasks to the satisfaction of the

respective DISCOM.

(x) The per unit rate for all the common activities and services should essentially

be the same for all project areas and the bidder will undertake this in the

technical proposal. In case of any difference in the price quoted for such

common items, the lower price shall be taken into consideration for the

purpose of evaluation, award and payments.

(xi) Data Center and Disaster Recovery Center: The centralised Data Centre for both the utilities is at Hisar, Haryana and the centralised DRC is in Panchkula, Haryana.

(xii) The DRC is an exact replica of DC i.e all the software, hardware and network equipment and other items etc provided at DC are also installed and commissioned at DRC along with relevant licenses to support all operations from DRC during DR drill and in event of disaster.

(xiii) Time and Quality of work shall be the essence under the contract in

accordance with RFP. Successful bidder, with the concurrence of Utilities,

shall deploy adequate resources at project sites to ensure timely delivery with

quality work throughout contract period.

(xiv) Any special tools, testing equipments and accessories required on temporary

or permanent basis during development stage, for day to day support of the

system shall be deemed to be included in the bid by the bidder and supplied

or arranged by the successful bidder accordingly.

(xv) The testing of the system is to be done as to the satisfaction of DISCOM. All

the features of latest version of software/scripts should be clearly

demonstrated or explained to the DISCOM as and when desired.

Testing of the System after Migration is mendatory besides verification and

validation of migrated data.

(xvi) Additional details about the existing S/W Licensing & IT Infra:

a. All the licenses (Oracle Suite) have been procured in the name of

“Dakshin Haryana BijliVitran Nigam Limited”.

b. All the licenses (Oracle Suite) are under the AMC with Oracle.

c. Under the project proposal for scaling up of the IT Infra to IPDS towns

and to remaining Non R-APDRP areas, consolidation of the DB has

also been planned and an on primise cloud solution using Oracle

Exadata DB Machine is under implementation at DC.

(xvii) The bidder, along with their bid, should submit an understanding document w.r.t the project scope alongwith the A&M and proposed team structure for its establishment at the site of work for Phase-I & Phase-II of the project for handholding support services.

(xviii) Under the handholding support service requirements, DHBVN & UHBVN intend deploy 1 qualified resource each at the sub division office level and 8 persons each at DC & DRC for help desk support for 1 year (further extendable for two more years on yearly basis) from the date of successful



data migration and rollout of the business operations thereafter. The resource should have degree in Computers Engineering/IT/Electrical Engineering/ECE/MCA with adequate knowledge and min 2-3 years of work experience of commercial business operations using Oracle suite/applications. Induction of the resources shall be with the concurrence of DISCOM. During the engagement of the contract with the successful bidder, if additional resources are required by DISCOM, the same shall be supplied on the same terms & conditions.

(xix) Help desk is required for providing L1 support to the end user which includes operational and functional support besides the tracking and monitoring of HPSM tool.

(xx) The technically responsive bidders shall also be asked to demonstrate the understanding of the project scope and their approach for the project implementation.

(xxi) At present, total consumers (as under) are being handled by IT system, and remaining 277768 Nos. of IPDS consumers are envisaged to be built in Phase-1 of IPDS, followed by 3975886 Nos. Consumers in Phase-2. Considering this, the commercial database schema needs to be designed in such a modular way that it can accommodate a CAGR of 7.5% for next 5 years after phase-2 implementation.

S.No.

DHBVN

Name of Circle Consumers in RAPDRP Town

Consumers in IPDS Town

Consumers in remaining Non-RAPDRP Areas

1 Hisar 135800 4248 225606

2 Faridabad 423016 0 100242

3 Sirsa 81210 16954 238547

4 Bhiwani 74201 12904 271857

5 Narnaul 21725 18239 179952

6 Gurugram-I 131674 14291 122783

7 Rewari 48418 15322 196177

8 Palwal 45958 20065 251031

9 Jind 65831 19657 218150

10 Gurugram-II 135996 15404 81335

11 Fatehabad 37243 11972 200224

TOTAL 1201072 149056 2085904

S.No.

UHBVN

Name of Circle Consumers in RAPDRP Town

Consumers in IPDS Town

Consumers in Balance Non-

RAPDRP Areas

1 Ambala 202992 17248 188211

2 Kurukshetra 77277 8421 185447

3 Karnal 109278 32178 263050

4 Panipat 113162 10146 164245



5 Kaithal 45919 11260 225205

6 Yamunanagar 114598 7083 291222

7 Jhajjar 67764 6346 159388

8 Sonepat 102216 17845 248952

9 Rohtak 115047 18185 164262

TOTAL 948253 128712 1889982

Further, detail of consumer on the both billing agencies i.e. NIELIT & HARTRON in

UHBVN is as under:-

Sr. No. Cirlce Billing Agency Total

1 Ambala Hartron 166055

2 Kaithal Hartron 219465

3 Karnal Hartron 292752

4 Panipat Hartron 153444

5 Sonipat Hartron 248730

Sub Total 1080446

6 Kurukshetra Nielit 181506

7 Jhajjar Nielit 151859

8 Yamuna Nagar Nielit 280419

9 Rohtak Nielit 158178

Sub Total 771962

Grand Total 1852408

6. Cost of Bidding The Bidder shall bear all the cost and expenses associated with preparation and

submission of its Bid including post Bid discussions, technical and other presentation etc. and DHBVN will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

7. Contents of Bid Documents

The Bidding Documents are those as stated below and should be read in conjunction with any Addenda. The Bidding Documents include:

Section 1 Invitation for Bid

Section 2 Instructions to Bidders Section 3 Special Conditions of the Contract

Section 4 Scope of Work Section 5 General (Commercial) Conditions of the Contract



Section 6 Price Bid Schedule

Section 7. Format of Performance Bank Guarantee (PBG) / Bid Submission Form

8. Clarifications on Bid documents 8.1 If the prospective Bidder finds discrepancies or omission in the specifications

and document or is in doubt as to the true meaning of any part, he shall at once make a request, in writing, for any interpretation/clarifications to the DHBVN. The DHBVN then will issue interpretations and clarifications as he may think fit in writing. After receipt of such interpretations and clarifications, the Bidder may submit his Bid but within the time and date as specified in the invitation to Bid. All such interpretations and clarifications shall form a part of the Bidding document and shall accompany the Bidder’s proposal. A prospective Bidder requiring any clarification on Bidding Document may notify the DHBVN in writing.

8.2 Verbal clarifications and information given by the DHBVN or his employee(s) shall not in any way be binding on the DHBVN.

9. Amendment of bidding document 9.1 At any time prior to the deadline for submission of Bids, the DHBVN may, for

any reason, whether at its own initiative or in response to a clarification required by a prospective Bidder, modify the Bidding Documents by amendment(s).

9.2 The amendment will be notified in writing or by telex or cable to all prospective Bidders, which have received the Bidding Document at the address contained in the letter of request for issue of Bidding Document from the Bidders.

9.3 The amendment will be notified through Corrigendum uploaded in the websites of DHBVN and https://dhbvnl.haryanaeprocurement.gov.in. DHBVN will bear no responsibility or liability arising out of non-receipt of the same in time or otherwise.

9.4 In order to afford prospective Bidder reasonable time in which to take the amendment into account in preparing their Bids, the DHBVN may, at its discretion, extend the deadline for the submission of Bids.

9.5 Such amendments, clarifications etc. shall be binding on Bidders and will be given due consideration by the Bidder while they submit their Bids and invariably enclose such documents as a part of the Bid.

10. Language of Bid The Bid prepared by the Bidder and all correspondence and documents relating to

the Bid, exchanged by the Bidder and the DHBVN, shall be written in the English language.

11. Local Conditions 11.1 It will be imperative on each Bidder to fully inform himself of all local

conditions and factors, which may have any effect on the execution of the Contract covered under these documents and specifications. The DHBVN shall not entertain any request for clarifications from the Bidders, regarding such local conditions.

https://dhbvnl.haryanaeprocurement.gov.in/



11.2 It must be understood and agreed that such factors have properly been investigated and considered while submitting the proposals. No claim for financial adjustment to the Contract awarded under these specifications and documents will be entertained by the DHBVN. Neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by the DHBVN, which are based on the lack of such clear information or its effect on the cost of the Works, to the Bidder.

12. Documents Comprising the Bid 12.1 The Bidder shall complete the Bid Form inclusive of Price Schedules;

Technical Data Requirements etc. furnished in the Bidding Documents,indicating, for the goods to be supplied and services to be rendered, a brief description of goods and services, quantity and prices.

12.2 The Bidder shall also submit documentary evidence to establish that the Bidder meets the Qualification Requirements as detailed in Clause-2.0 above.

12.3 The Bidder must enclose Income Tax clearance certificate along with the tender.

12.4 The Bid Security shall be furnished in a separate cover in accordance with clause-15.0

13. Bid Price

13.1 All quoted prices by the Bidder shall be exclusive of taxes and shall remain ‘FIRM’ during the performance of the Contract. Statutory levis (such as GST, any other Tax, duties, levies etc. as applicable), shall paid on actuals.

13.2 The prices shall be quoted in Indian Rupees.

14 Bid Validity

14.1 Bids shall remain valid for 180 days from the date of opening of (Price)

Bids.

14.2 In exceptional circumstances, prior to expiry of the original Bid validity

period, the Employer may request the L-1 Bidder to extend the period of

validity for a specified additional period. The request and the responses

thereto shall be made in writing or by e-mail / fax. The bidder may refuse

the request without forfeiting its bid security. The Bidder agreeing to the

request will not be required or permitted to modify his Bid, but will be

required to extend the validity of his Bid for the period of the extension.

Further, in case of refusal or no response by L-1 bidder till the expiry of

bid validity period, the tender shall be dropped. In any case, the EMD of

bidder other than L-I shall invariably be refunded, preferably, within 14

days after expiry of bid validity.

15 Taxes and Duties

a) All GSTs, any other tax, duties and levies, as applicable, payable by the Bidders in respect of the transaction between the bidders and their vendors/sub-suppliers while procuring any components, sub assemblies, raw-



materials and equipment shall be included in the Bid price and no claim on this behalf will be entertained by the DHBVN/UHBVN. All GSTs, any other tax, duties and levies as applicable will be included in quoted price as per present applicable GSTs, any other tax, duties and levies rule. No GSTs, any other tax, duties and levies in any case, shall be payable to the supplier/Bidder, if became applicable in respect of bought out items directly dispatched from works of sub-suppliers as well as on erection works etc.

The successful bidder after completion of supply will give a certificate that GSTs, any other tax, duties and levies charged from DHBVN/UHBVN has been paid to the concerned authorities including his self-manufactured items.

b) In addition to above, all the bidders are also required to include/ make the provision for Worker’s Welfare Cess (Payable on erection part & civil works only) under the provisions of the Building and other Construction Worker’s Welfare Cess Act 1996, in the Bid price or any kind of taxes and duties as mandatory as per statutory Law or instruction of Government. As regard the Income Tax, surcharge on Income Tax, Workers Welfare Cess and other taxes including tax deduction at source, the Bidder shall be responsible for such payment to the concerned authorities with in prescribed period.

c) The Income Tax, surcharge on Income Tax and cesses shall be deducted at source, from the payments made to the Bidder by the O/o respective DDOs DHBVN/UHBVN.

d) Deduction of Works GST at source as per provisions of GST Act, if any, shall be made from the Bills of the Contractor.

e) If any rates of tax are increased or decreased, a new Tax is introduced, an

existing Tax is abolished, or any change in interpretation or application of any

Tax occurs in the course of the performance of the Contract, which was or will

be assessed on the contractor in connection with performance of the contract,

an equitable adjustment of the contract price shall be made to fully take into

account any such change by addition to the contract price or deduction there

from, as the case may be, in accordance with Changes in Laws and

Regulations hereof.

16. Earnest Money Deposit 16.1 The bidder shall furnish EMD as specified in the NIT.

16.2 The EMD shall be deposited in the shape of Bank Guarantee from

scheduled bank/ Nationalized valid upto 193 days from the date of opening

of part-1 of tender. It is expected of the prospective bidder to deposit EMD

byat least one day before deadline of submission of bids due to web portal

provisioning. Any non-acceptance of EMD by web-based system on last day

of submission of bids due to web-portal constraints shall be the bidder’s

responsibility.



If the Bank Guarantee submitted by a bidder is of required amount and is

otherwise in order but the validity of the Bank Guarantee is less than the

prescribed limit but not less than 90 days from the date of opening of Part-1 of

bids, then the Part-1 of the tender of the bidder shall be opened with the

condition that the bidder shall within 10 days of opening of Part-1 get the

validity of the Bank Guarantee extended for the required period, failing which

the tender of the bidder will be rejected.

16.3 Any bid not secured in accordance with para 16.1 and 16.2 above will be

rejected by DHBVN as non-responsive.

16.4 EMD of Unsuccessful Bidders will be refunded within 2 weeks after the

award of the contract.

16.5 EMD furnished by the Successful bidders will be refunded within 7 days

from the receipt of confirmation of Performance Guarantee as per contract

by the Accounts wing/DDO on intimation to the FA/MM, DHBVN, Hisar for

making necessary entry in the EMD register.

16.6 The EMD may be forfeited:-

a) If the bidder withdraws / modifies its bid during the period of bid validity

specified by the bidder in the tender; or

b) If the bidder does not accept the corrections to arithmetical errors

identified during preliminary evaluation of his bid;or

c) If as per the qualifying requirements the bidder has to submit a Deed of

Joint Under taking and he fails to submit the same, duly attested by

Notary Public of the place(s) of the respective executants (s) or

registered with the Indian Embassy/High commission in that country,

within ten days from the date of intimation of bid discussion; or

d) In case of a successful bidder, if the Bidder fails to sign the contract;

or

e) In case of a successful bidder, if the Bidder fails to furnish the

performance guarantee.

16.7 The EMD shall be submitted along with the bid in separate sealed

envelope and also photocopy thereof to be attached with the bids. Any bid

not accompanied by the required in accordance with provisions of this

clause will be rejected and shall not be opened.

16.8 No interest shall be payable by DHBVN on the above EMD.

17. Format of Bid

17.1 BID must be submitted in a sealed envelope in two parts and each part in

separate sealed envelope complete in all respects, which will be received

up to 13.00 Hrs. on the due date at the following address:-



Chief Technology Officer, DHBVN, Vidyut Sadan, Hisar-125005.

Email ID:- [email protected] , [email protected] Part I – It will comprise of terms and conditions of the NIT, technical

specifications, qualifying criteria documents (Technical & Financial) and all other relevant information except the price schedule.

Part II – Price schedule Each part and envelope containing bid security should be sealed in

separate / individual covers clearly marked on the outside so as to identify each envelope, without opening the covers. All the sealed envelopes should be properly tagged and placed in one common sealed cover bearing on the top “NIT No. ______________ due on __________, Name of the work, Name of bidder with address, Validity Period ___________ and particulars of bid security” against each work for establishment of Sub-stations and lines on turn-key basis.

First the BID SECURITY ENVELOPE will be opened and in case bid

security is not found for the required amount or not in acceptable mode, the offer envelope will be not opened and same shall be returnable to the bidder on next working day of due date of opening. Part - I of tender will be opened on the same day at 15.00 hrs in the office of Chief Technology Officer, DHBVN, Vidyut Sadan, Hisar-125005 for those bidders who meet / fulfill the requirement of bid security deposit.

Part - II of tender will be opened on a prefixed date which will be intimated

to all those bidders who qualifies the Technical, commercial & financial qualifications criteria.

NITs which are opened before the due date by mistake, in case no

indication having been given in the outside of the envelope or container to indicate that it is NIT, will be disqualified.

17.2 The original and copy of the NIT shall be typed or written in indelible ink

and shall be signed by the Bidder or a person or persons duly authorized to

bind the Bidder to the Contract. The letter of authorization shall be

indicated by the written power of attorney accompanying the NIT. All pages

of the NIT, except for un-amended printed literature, shall be initialed by

the person or persons signing the NIT.

17.3 The NIT shall contain no interpolation, erasure or overwriting except as

necessary to correct errors made by the Bidder, in that case, each such

correction shall be initialed by the person or persons signing the NIT.

mailto:[email protected]




17.4 NITs shall be fully in accordance with the requirements of these documents

and the specifications attached herewith etc. Appropriate forms furnished

with the bidding documents shall be used in quoting NIT prices.

17.5 Conditional NITs shall not be accepted. Consistent with the intent of

bidding documents, bidders may offer alternatives to their base NIT. Such

alternatives will be given careful consideration provided that:

a) They are described in the applicable bidding schedule and sufficient

supplementary information is furnished in the form of specifications,

drawings and literature, to permit a complete evaluation of the NIT.

b) The reasons for the desired alternatives and their relative advantages

shall be clearly stated. DHBVN reserves the right to accept or reject

such alternatives.

17.6 Time being the essence of the contract, the Bidders should indicate in the

NIT the time of completion of work in the attached form. The desired

completion period of DHBVN as indicated in the specifications attached,

should be strictly adhered to. The quality of work shall also form an

essence of the contract.

17.7 Queries relevant to the Bidding Documents prior to opening of NITs shall

be addressed to: -

By mail: Chief Technology Officer,

DHBVN, Vidyut Sadan,

Hisar-125005.

Email ID:- [email protected] , [email protected]

18. Signature of Bid 18.1 The Bid must contain the name, residence and place of business of the

person or persons making the Bid and must be signed and sealed by

the Bidder with his usual signature. The names of all persons signing

the Bid should also be typed or printed below the signature.

18.2 Bid by a partnership must be furnished with full names of the all

partners and be signed with the partnership name, followed by the

signature(s) and designation(s) of the authorized partner(s) or other

authorized representative(s). Copy of the Partnership deed will be

supplied along with the Bid.

18.3 Bid by Corporation/Company must be signed with the legal name of the

Corporation/Company by the President, Managing Director or by the

Secretary/other person/or persons authorized to Bid on behalf of such

Corporation/Company in the matter.

18.4 A Bid by a person who affixes to his signature the word ‘President’

‘Managing Director’, ‘Secretary’, ‘Agent’ or other designation without

disclosing his Principal will be rejected.





18.5 Satisfactory evidence of authority of the person signing on behalf of the

Bidder shall be furnished with the Bid.

18.6 The Bidder’s name stated on the proposal shall be the exact legal name of

the firm.

18.7 Bids not conforming to the above requirements of signing may be

disqualified.

19. Deadline for submission of Bid.

19.1 Bids must be received by the DHBVN at the address specified under

Clause, not later than the time and date mentioned in the invitation to

Bid.

19.2 The DHBVN may, at its discretion, extend this deadline for the submission

of Bids by amending the Bidding document, in which case all rights and

obligation of the DHBVN and Bidder previously subject to the deadline will

thereafter be subject to the deadline as extended.

20. Late Bids

Any Bid received by the DHBVN after the time and date fixed or extended for submission of Bids prescribed by the DHBVN, will be rejected and /or returned unopened to the Bidder.

21. Modification and withdrawal of Bids 21.1 The Bidder may modify or withdraw its Bid after the Bid’s submission

provided that written notice of the modification or withdrawal is received by the DHBVN prior to the deadline prescribed for submission of Bids.

21.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the procedure given in Clause 18.0.

21.3 No Bid may be modified subsequent to the deadline for submission of Bids. 21.4 No Bid may be withdrawn in the interval between the deadline for

submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Bid form. Withdrawal / modification of a Bid during this interval may result in the forfeiture of Bidder’s bid security.

21.5 The tenderer, after submitting its tenders, it is permitted to submit alterations/ modifications to its tender so long such alterations / modifications are received duly sealed and marked like original tender up to the date and time of receipt of tender. Any amendment / modification received after the prescribed date & time of receipt of tender are not to be considered and any withdrawal of offer shall not be permitted.

21.6 The bidder shall quote price bid as per schedule-l(section – VI) of this volume. No letter of discount whatsoever shall be entertained at any stage. If the bidder intends to exercise the option to revise/modify his price bid, the revised/modified price bid complete in all respect is to be submitted in pursuant to clause 21.5.



22. Opening of Bids by DHBVN 22.1 The DHBVN will open Bids in the presence of Bidder’s representatives (up

to 2 persons) who choose to attend, on the date and time for opening

of Bids in the invitation to Bids or in case any extension has been given

thereto, on the extended Bid opening date & time notified to all the

Bidders who have purchased the Bidding Documents.

The Bidder’s representatives who are present shall sign a register

evidencing their attendance.

22.2 ‘The Bidders’ names, Bid prices, modifications, Bid withdrawals and the

presence or absence of the requisite Bid security and such other details as

the DHBVN, at its discretion, may consider appropriate will be announced

at the opening.

22.3 No electronic recording devices will be permitted during Bid opening.

23. Clarification of Bids. To assist in the examination, evaluation and comparison of Bids, the DHBVN may at its discretion, ask the Bidder for a clarification of its Bid. The request for clarification and the response shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted.

24. EVALUATION OF TENDERS

24.1 The Purchaser shall evaluate the bids in respect to the substantive

responsiveness of the bid or otherwise. The Purchaser shall carry out detailed evaluation of the substantially responsive bids. The Purchaser

shall check the bid to determine whether they are complete, whether any computational errors have been made or required sureties have been furnished.

24.2 Arithmetical error shall be rectified on the following basis:-

a) If there is a discrepancy between the unit price and total price that is

obtained multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the Purchaser.

b) In case of discrepancy between words and figures, the amount in words shall prevail.

24.3 A bid determined as substantially non-responsive shall be rejected by the

Purchaser.

24.4 The Purchaser may waive any minor infirmity or non-conformity or irregularity in the bid which does not constitute a material deviation.

24.5 The Purchaser shall evaluate in detail and compare the bids which are substantially responsive.

24.6 The evaluation of the ranking shall be carried out on the landed price of goods offered exclusive of all taxes.



24.7 The distribution of tendered quantity amongst the technically and commercially complied bidders shall be based on merits of each case.

24.8 DHBVN shall have the sole discretion in deciding the number of parties on whom the orders shall be finally placed.

25. Definitions and Meanings: For the purpose of evaluation and comparison of Bids, the following meanings and definitions will apply: - ‘Bid Price’ shall mean the base price quoted by each Bidder in his proposal for the complete scope of Works. Statutory levis (such as GST, any other Tax, duties, levies etc. as applicable), shall paid on actuals. Field Nodal Officer:- Concerned SE/Operation or his authorized person will be the Nodal officer in the field under this project.

26. Contacting the DHBVN

Bids shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award / rejection is made by the DHBVN to the Bidders. While the Bids are under consideration, Bidder and/or his representatives or the interested parties are advised to refrain from contacting by any means, the DHBVN and/or his employees/representative on matter related to the Bids under consideration. The DHBVN, if necessary, will obtain clarifications on the Bids by requesting for such information from any or all the Bidders, in writing. Bidders will not be permitted to change the substance of the Bids after the Bids have been opened. Any effort by a Bidder to influence the purchaser in any way may result in rejection of the Bidder’s Bid.

27. Award Criteria

A bidder is required to quote for both the technical and price bids separately.

Partial Bid is liable to be rejected. The Evaluation will be done on the total

project cost excluding applicable Tax.

After opening of the price bid, the following procedures shall be

followed by Nigam:-

The price discovery for the award of project shall be generally determined with

the L1 bidder and the negotiations, if any, held with the lowest bidder. However,

the award of works negotiations could be held up to L3 bidder, if the difference

between the L1 quoted rate and those quoted by the L2 and L3 is within 5% of

the L1 quoted rates. In cases where the L1 bidder refuses to further reduce his

offered price and the L2 or L3 bidder comes forward to offer a price which is

better than the price offered by the L1 bidder, the bidder whose price is accepted

becomes L1 bidder. However, in such a situation, the original L1 bidder shall be

given one more opportunity to match the discovered price. In case of



acceptance, he would be treated as the L1 bidder.

Tenders shall be decided as per the prevailing instructions of Government of

Haryana/Nigam.

Further, the DHBVN reserves the right to award separate Contracts to two

or more parties in line with the terms and conditions specified in the tender

Documents.

28. Owner’s right to accept any Bid and to reject any or all Bids i). The DHBVN reserves the right to accept or reject any or all Bids, and to annul

the Bidding process and reject all Bids at any time prior to award of Contract,

without thereby incurring any liability to the affected Bidder or Bidders or any

obligation to inform the affected Bidder or Bidders on the grounds for the

DHBVN’s action.

ii). Pooling by the bidders is strictly prohibited. If it is found at any stage that

pooling has been done by the various bidders, then their bids / tender may be

cancelled and action against the defaulting bidders will be taken such as black

listing /debarring them from Nigam tenders for two years.

29. Notification of Award 29.1 Prior to the expiration of the period of Bid validity and extended validity

period, if any, the DHBVN (on behalf of both DH & UH) will notify the

successful Bidder in writing by registered letter or by e-mail or fax, to be

confirmed in writing by registered letter, that its Bid has been accepted.

29.2 The notification of award will constitute the formation of the Contract.

29.3 Upon the successful Bidder’s furnishing of performance guarantee pursuant

to Clause-27, the Owner will promptly notify each unsuccessful Bidder and

will discharge his Bid security, pursuant to Clause – 13.

29.4 The firms failing to honour LOIs shall be Blacklisted / Debarred from doing

business with Nigam besides the other action as per terms & conditions of

the contract. The period of blacklisting of the defaulting supplier / contractor

will be upto 3 years. The blacklisting of the contractor / supplier should be

notified to all Power Utilities in the country and the names of such blacklisted

supplier / contractor would also be put on the website of the Nigam.

30. Signing of Contract 30.1 At the same time as the DHBVN notifies the successful Bidder that its Bid

has been accepted, the DHBVN will send the Bidder the Contract Form

incorporating all agreements between the parties.

30.2 Within fifteen (15) days of the Notification of the Award the successful

Bidder shall sign and date the Contract and return it to the DHBVN &

UHBVN separately. In case the successful bidder fails to submit the



Contract Agreements duly signed within 15 days from the date of issue of

detailed contract, the payment will not be released till the bidder submits the

Contract agreements and penalty @ 0.25% per week or a part thereof shall

be deducted from their bill subject to maximum 1% of Contract value.

30.3 The final contract agreements shall be signed within 15 days from the date,

the firm submits the final Contract Agreements in all respect.

31. CONTRACT PERIOD / ASSIGNMENT PERIOD

31.1 The bidder is expected to complete the Phase – I [i.e Building up of the

commercial data base on the existing IT system for the IPDS Towns of

DHBVN & UHBVN and rollout of the commercial business operations in the

IPDS Towns using R-APDRP S/W Applications i.e Oracle Suite] within Six months from the date of LOA by DHBVN/UHBVN.

31.2 The bidder is expected to complete the Phase – II [i.e Building up of the

commercial data base on the existing IT system for the remaining Non R-

APDRP areas of DHBVN & UHBVN and rollout of the commercial business

operations in the remaining Non R-APDRP areas using R-APDRP S/W

Applications i.e Oracle Suite] within Nine months from the date of

completion of Phase-I.

31.3 Successful Bidder may plan implementation of Phase-I & II of the projects

concurrently.

31.4 Under the handholding support service requirements, DHBVN & UHBVN

intend deploy 1 qualified resource each at the sub division office level and 8

persons each at DC & DRC for help desk support for 1 year (further

extendable for two more years on yearly basis) from the date of successful

data migration and rollout of the business operations thereafter. The

resource should have degree in Computers Engineering/IT/Electrical

Engineering/ECE/MCA with adequate knowledge and min 2-3 years of work

experience of commercial business operations using Oracle

suite/applications. Induction of the resources shall be with the concurrence

of DISCOM. During the engagement of the contract with the successful

bidder, if additional resources are required by DISCOM, the same shall be

supplied on the same terms & conditions.

32. Contract Performance Guarantee: 32.1 Within 15 days of receipt of LOA/LOI, the successful Bidder, to whom the

Work is awarded, shall be required to furnish a performance Bank Guarantee from a Scheduled/ Nationalized Bank, in the form attached in Section-VII in favour of the DHBVN & UHBVN separately. The guarantee amount shall be equal to five percent (10%) of contract value (For Phase-I & II) valid up to 90 days after the expiry of the project period.



If required by DHBVN/UHBVN, the validity of the Bank Guarantee shall

have to be further extended for such period as desired.

Further Penalty @ 0.35% per week or part thereof subject to maximum 2%of the value of BG if bank guarantee not submitted within 15 days from the date of issue of LOA/LOI. Accordingly, both utilities DH & UH shall place the detailed work order separately.

32.2 If the bank guarantee not submitted within 15 days from the date of issue

of LOA/LOI, the employer/ Nigam reserves the right to cancel the LOA and initiate the action for allotment to L-2 firm at L-1 rate or below.

However before the expiry of above mentioned 15 days the bidder may seek approval for grant of additional one month (maximum) on payment of the entire penalty amount for 15 days as mentioned above. The grant of one month will not entitle the firm to claim the extension of the scheduled completion time.

Note: - BG would be issued by any scheduled bank.

32.3 The Performance Guarantee shall cover additionally the following guarantees to the Owner:

a) The Successful Bidder guarantees the successful and satisfactory operation of the material/equipment furnished and erected under the Contract, as per the specifications and documents.

b) The successful Bidder guarantees that the material and equipment provided and installed by him shall be free from all defects in design, material and Workmanship and shall upon written notice from the Owner fully remedy free of expenses to the Owner such defects as developed under the normal use of the said material and equipment within the period of guarantee specified in the relevant Clause of the Conditions of Contract.

32.4 The Contract Performance Guarantee is intended to secure the execution/ performance of the entire Contract.

32.5 The Performance guarantee will be returned to the Contractor without any interest at the end of the Warranty period with the approval of CTO/UHBVN, DHBVN.

32.6 DHBVN/UHBVN shall be at its sole discretion to invoke the Performance

Security and forfeit the amount secured there under, in the event of any

delay or default in Services or breach of the terms and conditions of the

Contract.

33 Quantity Variation applicable only for the Handholding Support The employer reserves the right to increase or decrease the contract value & Services specified without any change in unit price or other terms & condition during the execution of contract depending upon the final route plan/actual execution required. The quantity of individual items may, therefore, vary as per



final route plan and route profile of the line. The payment shall be made on actual basis for the material supplied and services rendered. The Purchaser reserves the right to increase/decrease the quantity / value of works by 25% before the signing of contract and/or during the currency of the contract at the same rate terms and conditions. The quantity variation allowed shall be within + 25% of contract value/works as a whole and not for each individual items. Also, the employer reserves the right to increase or decrease the contract value for other similar works located at other places within ± 25% of the contract value/works.

34 Site Visit

34.2 The Bidder is advised to visit and examine the Hardware & Software

installed at DC and DRC obtain for itself on its own responsibility all

information that may be necessary for preparing the Bid and entering into

a Contract. The cost of visiting the Site shall be at the Bidder’s own

expense.

34.3 The Bidder shall inspect the site for ascertain the Bill of Material (BoM)

mentioned in this RFP and changes involved therein, if any, the same is be

included in the proposal. The Employer shall not be liable for any payment

to the Bidder on this account.

34.4 The Bidder and any of its personnel or agents will be granted permission

by the Employer to enter upon its premises for the purpose of such visit.

35 Storage of Material

The Bidder shall store all the Material/Equipment in the well-maintained Store at his cost. All the services required for maintaining the Stores shall also be at the cost of the Bidder.

36 Accounting and Returning of Dismantled Materials

The dismantled material should be properly accounted and returned to Nigam’s store by the successful bidder.

37. GOVERNING LAWS 37.1 The Contract shall be governed by and interpreted in accordance with the

laws of the India. The High Court of Judicature at Chandigarh and Courts

subordinate to such High Courts shall have exclusive jurisdiction in respect

of any disputes relating to the tendering process, award of Contract and

execution of the Contract.

37.2 In all cases, this contract shall be governed by and interpreted in

accordance with the Law of the Union of India. In this context, the

expression ‘Law’ takes within it’s fold Statutory law, Judicial Decisional Law

and Delegated Legislation as well.



38. SETTLEMENT OF DISPUTES

38.1 The Purchaser and the Supplier shall make every effort to resolve amicably

by direct informal negotiation any disagreement or dispute arising between

them under or in connection with the Contract.

38.2 If the parties fail to resolve such a dispute or difference by mutual

consultation within twenty-eight (28) days from the commencement of such

consultation, either party may require that the dispute be referred for

resolution to the formal mechanisms

39. LIMITATION OF LIABILITY

The entire and collective liability of Agency for all claims connected with the Services or this Agreement (including but not limited to negligence), whether in contract, tort, statute or otherwise, is limited to the professional fees payable for the Services. Agency shall not be liable for any indirect or consequential losses of any nature whatsoever or for loss of corruption of data from DHBVN’s/UHBVN’s systems or for loss profits, goodwill, business opportunity, anticipated savings or benefits. The liability cap will not apply to the indemnity obligations of the IT Consultant arising out.

40. INDEMNITY:-

The IT consultant hereby agrees to indemnify the client, for all conditions and

situations mentioned in this clause, in a form and manner acceptable to the

client. The IT consultant agrees to indemnify the Client and its officers, servants,

agents (“Client Indemnified Persons”) from and against any costs, loss,

damages, expense, claims including those from third parties or liabilities, of any

kind howsoever suffered, arising or incurred inter alia during and after the

Contract period out of:

(a) any gross negligence or intentional wrongful act or material omission by the

IT consultant or its agents or employees or any third party associated with

IT consultant in connection with or incidental to this Contract; or

(b) any infringement of patent, trademark/copyright or industrial design rights

arising from the use of the supplied Goods and Related Services or any part

thereof.

41. INTELLECTUAL PROPERTY RIGHTS

Subject to payment of professional fees as provided in Clause 6.2 of GCC of Section-VI, all intellectual property rights in the reports and other artefacts submitted by the Agency to DHBVN/UHBVN shall belong to and remain the property of DHBVN/UHBVN. The Agency may retain a copy of such reports and artefacts. Notwithstanding the foregoing, (a) Agency shall continue to retain ownership over the pre-existing intellectual property rights of the Agency to the extent the same is incorporated into the Deliverables



(b)Agency shall continue to retain ownership over its draft deliverables/internal working papers; (c) subject to Agency’s confidentiality obligations under this Agreement, Agency shall have the right to use the general skills, knowledge, know-how etc. created during the course of this engagement for its subsequent engagements and (d) any third party licenses, necessary for the performance of the Services, would need to be procured by DHBVN/UHBVN. Agency shall provide DHBVN/UHBVN with a non-exclusive and non-transferrable license to use such pre-existing intellectual property rights (to the extent incorporated in the reports and other artefacts) for DHBVN/UHBVN’ internal use only.

42. Confidentiality:- Except as otherwise permitted by this Agreement, neither of the parties may disclose to third parties the contents of this Agreement or any information provided by or on behalf of the other that ought reasonably to be treated as confidential and/or proprietary. Parties may, however, disclose such confidential information to the extent that it: (a) is or becomes public other than through a breach of this Agreement, (b) is subsequently received by the receiving party from a third party who, to the receiving party’s knowledge, owes no obligation of confidentiality to the disclosing party with respect to that information, (c) was known to the receiving party at the time of disclosure or is thereafter created independently, (d) is disclosed as necessary to enforce the receiving party’s rights under this Agreement, or (e) must be disclosed under applicable law, legal process or professional regulations. These obligations shall be valid for a period of 3 years from the date of termination of this Agreement."

43. Important Instructions to Bidders for e-tender:

The e-tendering system has been introduced in DHBVN through the portal https://haryanaeprocurement.gov.in. The existing instructions to the bidders are for the offline mode of submission of tenders. But, with the introduction of e-tendering mode, the procedures as laid down below shall be followed. In the event of contradiction between the existing ITB for offline mode and following instructions for e-tendering, the procedures of e-tendering shall govern. 1. Registration of bidders on e-Procurement Portal:-

All the bidders intending to participate in the tenders processed online are required to get registered on the centralized e-Procurement Portal i.e. https://haryanaeprocurement.gov.in. Please visit the website for more details.

2. Obtaining a Digital Certificate:

2.1. The Bids submitted online should be encrypted and signed electronically with a Digital Certificate to establish the identity of the bidder bidding online. These Digital Certificates are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities, Government of India.

2.2. A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN Card) and Address proofs and verification form duly attested by the Bank Manager / Post Master / Gazetted Officer. Only upon the receipt of the required documents, a digital certificate can be





issued. For more details please visit the website – https://haryanaeprocurement.gov.in.

2.3. The bidders may obtain Class-II or III digital signature certificate from any Certifying Authority or Sub-certifying Authority authorized by the Controller of Certifying Authorities or may obtain information and application format and documents required for the issue of digital certificate from: M/s Nextenders (India) Pvt. Ltd. O/o. DS&D Haryana, SCO – 09, IInd Floor, Sector – 16, Panchkula – 134108 E - mail: [email protected] Help Desk: 1800-180-2097 (Toll Free Number)

2.4. Bid for a particular tender must be submitted online using the digital certificate (Encryption & Signing), which is used to encrypt the data and sign the hash during the stage of bid preparation & hash submission. In case, during the process of a particular tender, the user loses his digital certificate (due to virus attack, hardware problem, operating system or any other problem) he will not be able to submit the bid online. Hence, the users are advised to keep a backup of the certificate and also keep the copies at safe place under proper security (for its use in case of emergencies).

2.5. In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for signing and submitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney /lawful authorization to that User. The firm has to authorize a specific individual through an authorization certificate signed by all partners to use the digital certificate as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to represent adequate authority of the user to bid on behalf of the firm in the department tenders as per Information Technology Act 2000. The digital signature of this authorized user will be binding on the firm.

2.6. In case of any change in the authorization, it shall be the responsibility of management / partners of the firm to inform the certifying authority about the change and to obtain the digital signatures of the new person / user on behalf of the firm / company. The procedure for application of a digital certificate however will remain the same for the new user.

2.7. The same procedure holds true for the authorized users in a private/Public limited company. In this case, the authorization certificate will have to be signed by the directors of the company.

3. Opening of an Electronic Payment Account:

Tender document can be downloaded online. Bidders are required to pay the tender documents fees online using the electronic payments gateway service.




For online payments guidelines, please refer to the Home page of the e-tendering Portal https://haryanaeprocurement.gov.in.

4. Pre-requisites for online bidding:

In order to bid online on the portal https://haryanaeprocurement.gov.in , the

user machine must be updated with the latest Java. The link for downloading

latest java applet is available on the Home page of the e-tendering Portal.

5. Online Viewing of Detailed Notice Inviting Tenders:

The bidders can view the detailed NIT and the time schedule (Key Dates) for

all the tenders floated through the single portal eProcurement system on the

Home Page at https://haryanaeprocurement.gov.in.

6. Download of Tender Documents:

The tender documents can be downloaded free of cost from the e-Procurement

portal https://haryanaeprocurement.gov.in.

7. Key Dates:

The bidders are strictly advised to follow dates and times as indicated in the

online Notice Inviting Tenders. The date and time shall be binding on all

bidders. All online activities are time tracked and the system enforces time

locks that ensure that no activity or transaction can take place outside the start

and end dates and the time of the stage as defined in the online Notice Inviting

Tenders.

8. Bid Preparation (Technical & Financial) Online Payment of Tender

Document Fee, eService fee, EMD fees and Submission of Bid Seal

(Hash) of online Bids:

8.1. The online payment for Tender document fee, eService Fee & EMD can

be done using the secure electronic payment gateway. The Payment for

Tender Document Fee and eService Fee can be made by eligible

bidders/ contractors online directly through Debit Cards & Internet

Banking Accounts and the Payment for EMD can be made online

directly through RTGS / NEFT.

The secure electronic payments gateway is an online interface between

contractors and Debit card / online payment authorization networks.

8.2. The bidders shall upload their technical offer containing documents,

qualifying criteria, technical specification, schedule of deliveries, and all

other terms and conditions except the rates (price bid).

The bidders shall quote the prices in price bid format.







8.3. Submission of bids will be preceded by submission of the digitally signed

& sealed bid (Hash) as stated in the time schedule (Key Dates) of the

Tender.

NOTE:-

(A) If bidder fails to complete the Online Bid Preparation & Submission

stage on the stipulated date and time, his/hers bid will be considered

as bid not submitted, and hence not appear during tender opening

stage.

(B) Bidders participating in online tenders shall check the validity of

his/her Digital Signature Certificate before participating in the online

Tenders at the portal https://haryanaeprocurement.gov.in.

(C) For help manual please refer to the ‘Home Page’ of the e-Procurement

website at https://haryanaeprocurement.gov.in, and click on the available

link ‘System Requirement” to download the file.

(D) The provision with respect to the bidding procedures against the

present NIT, the e-tendering i.e. through web-portal preocudres shall

prevail over the provisions mentioned in the tender documents.



TER- 35 /IT Phase-II/SI/2019

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SECTION III

SPECIAL CONDITIONS OF THE CONTRACT

TER- 35 /IT Phase-II/SI/2019


SEPCIAL CONDITIONS OF THE CONTRACT

3.1 PRICE APPLICABILITY

3.2 CHANGE ORDERS

3.3 SUB-LETTING

3.4 LIQUIDATED DAMAGES

3.5 ARBITRATION

3.6 RISK PURCHASE

3.7 GENERAL LIEN

3.8 FORCE MAJEURE

3.9 TERMINATION FOR DEFAULT

3.10 TERMINATION FOR INSOLVENCY



SPECIAL CONDITIONS OF THE CONTRACT

3.1 PRICE APPLICABILITY Prices in the Purchase Order shall remain valid for the period of delivery schedule or extended delivery schedule. In case of delayed supplies, after

delivery period, the advantage of reduction of taxes/duties shall be passed onto the Purchaser and no benefit of increase will be permitted to the Supplier.

3.2 CHANGE ORDERS

3.2.1 The Purchaser may at any time by written order given to the Supplier make changes within the general scope of the contract in any one or more of the

following:-

a) Drawings, designs or specifications where goods to be furnished under

the contract are to be specifically manufactured for the Purchaser.

b) Method of transportation or packing.

c) Place of delivery.

d) Services to be provided by the supplier.

3.2.2 If any such change causes an increase or decrease in the cost or the time

required for the execution of the contractor, an equitable adjustment shall be made in the contract price or delivery schedule or both and the contract shall accordingly be amended.

3.3 SUB-LETTING

The Bidder cannot assign or transfer and sub-contract its interest/ obligations under the contract without prior written permission of the Purchaser.

3.4 LIQUIDATED DAMAGES

3.4.1 The date of the delivery of the goods/services stipulated in the acceptance of tender should be deemed to be the essence of the contract and the

delivery must be completed not later than the dates specified therein.

Extension in delivery period will not be given except in exceptional

circumstances. Should, however, deliveries be made after expiry of the contract

delivery period and accepted by the consignee, such deliveries will not deprive

the Purchaser of the right to recover Liquidated Damages.

3.4.2 In case the Supplier fails to supply the goods/services against the order, the

same shall be procured from other suppliers at the cost and risk of the Supplier and the excess money will be recovered from any dues of the party.

3.4.3 In the event of breach of any of the terms and conditions by the firm, the Employer

can terminate the Contract and shall encash the PBG without any notice to the



firm at any stage and the firm shall have no claim whatsoever on the Employer on this account. But the Contractor shall be liable to pay to the Employer a sum

equivalent to 5% of the value of the Contract as liquidated damages and not as penalty. This shall be in addition to penalty already recovered on account of delay in work. The firm shall in addition and without prejudice to the above said

damages, make good any loss or damage that may be incurred by the Employer in getting the left out Works executed from elsewhere at the risk and cost of the

Contractor. In case of delay in the execution of Works, the Owner will have the right to get

the Work executed from any alternative source, at the sole risk and cost of the

Contractor. Any extra expenditure incurred in such action shall be recoverable in

full from the Contractor in addition to Owner's right of claim for liquidated damages.

3.4.4 LD can be recovered from any dues of the Supplier.

3.5 ARBITRATION All the matters, questions, disputes, differences and/or claims arising out of and/or concerning and/or in connection and/or relating to this Contract whether or not obligations of either or both parties under this Contract be subsisting at the time of such dispute and whether or not this Contract has been terminated or purported to be terminated or completed, shall be referred to the Sole Arbitrator to be appointed by mutual consent of the Parties from the Indian Council of Arbitration. The Award of the Arbitrator shall be final and binding on the parties to this Contract. The Arbitrator may from time to time with the consent of Parties to the Contract enlarge the time for making the Award. The venue of arbitration shall be the place from which the acceptance of offer is issued or such other place as the Arbitrator in his discretion may determine. Subject to aforementioned provisions, the provisions of the Arbitration & Conciliation Act, 1996 and the Rules there under any statutory modifications thereof for the time being in force, shall be deemed to apply to the Arbitration proceedings under this clause. The place for arbitration shall be Hisar/Panchkula.

3.6 RISK PURCHASE

3.6.1 In the event of Supplier’s failure to execute the contract to the satisfaction of the Purchaser, the Purchaser reserves the right :

(a) to reject any part of the Contract executed and withhold payment for

such portion of the Contract till such time the defects are rectified to the satisfaction of the Purchaser.

(b) to terminate the Contract by giving 2 weeks notice in writing without assigning any reason and to get the Contract executed by other agency at the risk and cost of the Supplier.



3.7 GENERAL LIEN

Whenever under this contract any sum of money is recoverable from and

payable by the Supplier, the Company shall be entitled to recover such sum by appropriating in part or in whole the security deposit of the Supplier, if a security is taken from the Supplier. In the event of the Security being insufficient

or if no security has been taken from the Supplier, the balance or the total sum recoverable, as may be, shall be deducted from any sum due to the

Supplier or which at any time thereafter may become due to the Supplier under this or any other contract with the Company. Should this sum be not sufficient to cover the full amount recoverable, the Supplier shall pay to the

Company on demand the remaining balance due.

3.8 FORCE MAJEURE If any time, during the continuance of this contract, the performance in whole or

in part by either party under obligation as per this contract is prevented or

delayed by reasons of any war or hostility, act of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions,

strike, lockout or acts of God (hereinafter referred to “eventuality”), provided

notice of happening of any such eventuality is given by either party to the

other within 15 days of the date of occurrence thereof, neither party shall be

reason of such an “eventuality” be entitled to terminate this contract nor shall

either party have any claim or damages against the other in respect of such

non-performance or delay in performance and deliveries under the contract. The contract shall be resumed as soon as practicable after such “eventuality”

has come to an end or ceased to exist. In case of any dispute, the

decision of MD, DHBVN/UHBVN, shall be final and conclusive, provided

further that if the performance in whole or part of any obligation under this

contract is prevented or delayed by reason of any such eventuality for a period

exceeding 60 days, either party may at its option, terminate the contract.

Provided also that if the contract is terminated under this clause the

Purchaser shall be at liberty to take over from the Supplier at a price to be fixed by the Purchaser, which shall be final, all unused, undamaged and

acceptable materials, bought out components and other stores in the course of

manufacture which may be in the possession of the Supplier at the time of

such termination, or such portion thereof as the Purchaser may deem fit except

such material, as the Supplier may, with the concurrence of the Purchaser,

elect to retain.

3.9 TERMINATION FOR DEFAULT

3.9.1 The Purchaser, may, without prejudice to any other remedy for breach of

contract, by written notice of default, sent to the Supplier, terminate this contract in whole or in part.



a) if the supplier fails to deliver any or all the goods within the time period (s) specified in the contract, or any extension thereof granted by the Purchaser.

b) if the Supplier fails to perform any other obligation(s) under the contract; and c) if the Supplier, in either of the above circumstances, does not remedy

his failure within a period of 15 days (or such longer period as the Purchaser

may authorize in writing) after receipt of the default notice from the Purchaser.

d) On a notice period of 30 days. 3.9.2 In the event the Purchaser terminates the contract in whole or in part

pursuant to above para the Purchaser may procure, upon such terms and in

such manner as it deems appropriate, goods similar to those undelivered and

the Supplier shall be liable to the Purchaser for any excess cost for such

similar goods. However, the Supplier shall continue the performance of the

contract to the extent not terminated. 3.10 TERMINATION FOR INSOLVENCY

The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, without compensation to the supplier if the supplier becomes

bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or effect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

3.11 Termination for Convenience:

(a) DHBVN/UHBVN, by Notice sent to supplier may terminate the Contract, in whole or in part, at any time for its convenience. The Notice of termination shall specify that termination is for the DHBVN/UHBVN convenience, the extent to which performance of supplier under the Contract is terminated, and the date upon which such termination becomes effective.

(b) The Goods/services those are complete and ready for shipment and completion of work within twenty-eight (28) days after supplier receipt of the Notice of termination shall be accepted by the DHBVN/UHBVN at the Contract terms and prices. For the remaining Goods/services, the DHBVN/UHBVN may elect:

(i) To have any portion of work/services completed and delivered at the Contract terms and prices; and/or

(ii) To cancel the remainder and pay to supplier an agreed amount for partially completed Goods/services and Related Services and for materials and parts previously procured by supplier.



3.12 The firm should prepare and present a detailed exit plan within five calendar days

of termination notice receipt to DHBVN/UHBVN (“Exit Plan”).

3.13 The Nodal Officer or any other person designated by DHBVN/UHBVN and along

with designated team will review the Exit plan. If approved, the firm shall start

working on the same immediately. If the plan is rejected, the firm shall prepare

alternate plan within two calendar days. If the second plan is also rejected, the

DHBVN/UHBVN will provide a plan for the firm and it should be adhered to in

totality.

3.14 The Exit Plan should cover at least the following :-

a. Execute all documents that may be necessary to effectively transfer the

ownership and title, including OEM warranties in respect of all equipment;

b. Handover all developed codes, related documentation and other Configurable

Items, if any in his possession;

c. Handover the list of all IT Assets, passwords at all locations to DHBVN &

UHBVN.

The firm and DHBVN/UHBVN will sign a completion certificate at the end of

successful completion (all points tracked to closure) of the Exit Plan.



SECTION – IV

Scope of work (SOW)



1. Introduction The detail scope of work of the SI shall cover Development of Commercial

Database of Consumers in the IPDS & remaining Non-R-APDRP areas and

rollout of oracle suite in all remaining offices in UHBVN & DHBVN and all the

technical specification of items and details of work are governed by SRS and its

amendments and DHBVN RFP and its corrigendum issued. However, the key

features are given below.

A) DATA MIGRATION SCOPE

1. The data available in electronic form in the existing applications will be

migrated to the consumer database for new applications, as required.

2. The additional data not available in electronic form but required for consumer

database and other applications will be created in digital form by data entry

from physical records.

3. Data is to be migrated from legacy systems and will be as per the requirement

of DH/UH. The DH/UH’s Consumer database and MBC database if available

shall be migrated in the system. Data to be migrated will be cleansed,

rationalised, transformed (if required) and reconciled. Conversion programs

may need to be written to handle this task.

4. The total data migration scope will be finalized by the DH/UH with the bidder.

The following is the indicative list of the type of data to be migrated from the

legacy/ manual system.

All Master Data – Must be migrated

All Open Transactions – Must be migrated

All transactions in the current financial year – Must be migrated

Historical Transactions – No of years of data to be migrated shall be

dependent upon the availability of data town wise. Oracleshall indicate how

they propose to do this

DH/UH have some of its billing data in soft copy. The successful bidder shall

be responsible for data transfer from our existing system to CCB billing

system.



Electronic data migration is required from the existing applications to the CCB

application systems.

B. Engagement with Bidder must efficiently enable all required interfaces and

integration, including integration in existing IT infrastructure and considering the

following overarching functional requirements, Analytical tools and capabilities:

a. Workflow Management

b. Document Management.

c. Data Warehousing.

d. Business Intelligence.

e. Integration Middleware

C. Under the handholding support service requirements, DHBVN & UHBVN intend deploy 1 qualified resource each at the sub division office level and 8 persons each at DC & DRC for help desk support for 1 year (further extendable for two more years on yearly basis) from the date of successful data migration and rollout of the business operations thereafter. The resource should have degree in Computers Engineering/IT/Electrical Engineering/ECE/MCA with adequate knowledge and min 2-3 years of work experience of commercial business operations using Oracle suite/applications. Induction of the resources shall be with the concurrence of DISCOM. During the engagement of the contract with the successful bidder, if additional resources are required by DISCOM, the same shall be supplied on the same terms & conditions.



Section-V

General (Commercial) Conditions of Contract

5.1 PRICE BASIS 5.2 PAYMENT TERMS 5.3 General Terms and conditions

5.4 PAYING AUTHORITY

TER-35/IT Phase-II/SI/2019

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TER-35 /IT Phase –II/SI/2019 of 67

General (Commercial) Conditions of Contract 5.1 PRICE BASIS

Ex-works prices quoted by the Bidder shall be ‘FIRM’ during the performance of the Service Contract and shall not be subject to variation on any account, for all intents and purposes. However, the statutory levies (such as GST, etc. on the service contract) shall be paid on actuals as applicdable at the time of payment.

5.2 Payment Schedule: -

i. The payment under the contract shall be regulated as per the following schedule for the Phase-I & Phase-II of the project activities respectively.

Phase Activity Payment Schedule

Milestones

Advance

Payment

10% of Project

Cost

in 2 installments

of 5% each

On Issuance of Letter of Award by Utility,

team mobilization by Vendor,Submission of

Advance Bank Guarantee andother

conditions as specified below *

Solution

Design

and

finalization

of A&M

As-Is study of the existing system, solution designing/To-Be and finalization of A&M for the project execution.

5% of the Project

Cost*

On submission of the following and approval

by the utility: -

1. As-Is study document in respect of the

existing system.

2. To-Be doc containing solution design

and system integration details.

3. A&M for the project execution.

Data

Migration &

application

rollout

Town/Circle

wise

Development

of commercial database

75% of Project

cost on Pro-Rata

Basis

On accomplishment of migration by the

vendor of DHBVN/UHBVN. On System

testing by Vendor & management

confirmation that data is successfully

migrated and successful rollout of

oracle suite in field offices.

Project

Completion

in all the

IPDS towns

& Non R-

APDRP/R-

APDRP

areas

respectively

10% of Project

Cost

On accomplishment of all the activities at

enterprise level (i.e at the level of IPDS/R-

APDRP Towns and Non R-APDRP areas

respectively) as per the project scope and

ensuring flawless working of the system

continuously for 2 months thereafter.

*Note: Project Cost shall include Project Management Charges (PMC) only w.r.t.

phase-I and Phase-II of the project scope.


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*Advance Bank Guarantee: Initial interest bearing Mobilization Advance of 10% (2 installments of 5% each) oftotal contract price may be released on presentation of the following:

a) Unconditional acceptance of the Letter of Award and signing of contract agreement by the Contractor

b) Submission of detailed invoice for advance payment. c) Establishment of site office and certification by Engineer-in-charge that satisfactory

mobilization for project work exists. d) Submission and acceptance of unconditional & irrevocable Bank Guarantees in favor

of Purchaser with total amounting to 110% of total advance amount. The said Bank

Guarantees shall be initially valid up to end of ninety (90) days after the scheduled

month of completion of total work and shall be extended from time to time till ninety

(90) days beyond revised scheduled month of completion of total work, as may be

required under the Contract.

e) An unconditional & irrevocable Bank Guarantee for ten percent (10%) of the total

Contract price towards Contract Performance Guarantee (CPG) in accordance with

the provisions of GCC. The said bank guarantee shall be initially valid up to ninety

(90) days after expiry of the Warranty Period and shall be extended from time to time

till ninety (90) days beyond successful completion of warranty period, as may be

required under the Contract. f) Detailed PERT Network/Bar chart and its approval by the Purchaser.

The bidder must utilize first advance installment of 5% before requesting for second

advance installment. Second installment of 5% shall be released on presentation of

contractor’s invoice and satisfactory utilization certificate supported with documentary

evidences of first advance installment.

The interest rate on advance payment shall be SBI's Base rate on the date of disbursement

of advance payment. The interest accrued on interest bearing advance shall be adjusted

first before releasing any payment. The interest rate shall be calculated on the daily

progressive balances outstanding as on the date of recovery/adjustment i.e. on daily rest

basis.

The Advance bank Guarantee shall be discharged after completion of the work. The

advance bank guarantee can be reduced on two occasions. First reduction shall be on

completion of 50% work (financial progress) and second reduction shall be on completion of

75% work (financial progress). The advance BG shall be proportionately reduced to 50%

and 25% value respectively of initial advance BG.

ii. Payment terms for 1-year handholding support services: -

a. Payment terms w.r.t. handhold support at various offices:-

The firm shall submit quarterly bill to the office of Field Nodal officer (Concerned SE/Operation or its authorized representative) and after verification & approval, the


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same shall be submitted to the office of CTO/DHBVN/UHBVN for further verification & payment shall be made by o/o FA/MM, DHBVN/UHBVN through Bank Transfer/Cheque/RTGS on 30th day from date of receipt of bills along with all the requisite documents.”

b. Payment terms w.r.t. helpdesk support at DC& DRC:-

The firm shall submit quarterly bill to the office of CTO/DHBVN/UHBVN for verification & payment shall be made by o/o FA/MM, DHBVN/UHBVN through Bank Transfer/Cheque/RTGS on 30th day from date of receipt of bills along with all the requisite documents.”

5.3 GENERAL TERMS & CONDITIONS OF PAYMENT

I. All payments shall be made by DHBVN/UHBVN in favour of the successful bidder.

II. The release of payments will be Performance (output) based, where the payments

are made for measured deliverables and outputs. The SLAs will govern the penalty

and reductions from payments for inferior deliverables.

III. Payments made under the Contract for the IPDS project shall be as approved by the

MoP in accordance with the terms and conditions of the financing agreement

between the DHBVN/UHBVN and the MoP/PFC and will be subjected in all respects

to the terms and conditions of that financing/Loan Agreement.

IV. The invoice (with respect to handholding support) will submitt to the office of

CTO, DHBVN/UHBVN by the Nodal officer for processing the invoice and

payment shall be made by FA/MM, DHBVN/UHBVN after approval by the CTO.

V. Payments against invoice submitted (accompanied with all requisite documents)

shall be released on 30 days from date of submission of invoice. All payments will be

made by Account Payee Cheque/RTGS in favour of the successful bidder.

VI. Penalty for Delay in Work: 0.5% per week or part thereof subject to maximum of

5% of value of leftover delayed work.

The Employer may without prejudice to any other method of recovery, deduct the amount of such penalty from any amount due or to become due to the Contractor. The deduction of the penalty shall be made from the running bills of the contractor subject to the maximum of 50% of that bill amount. The remaining penalty amount, if any, shall be adjusted from the consequent final bill of the contractor, thereafter. However, the paying authority shall ensure that the pending payments against the contract are more than net penalty recoverable from the contractor. The payment or deduction of such penalty shall not relieve the Contractor from his obligation to complete the Works or from any other of his obligation and liabilities under the Contract.

VII. Successful bidder needs to ensure completion of all works for a project area

(town/field office). Payments shall be made town/field office wise based on

activity/Milestone achieved. In case part of the work is pending (applications etc.), for

the town, payment for that activity/Milestone shall not be made.


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VIII. In case “GO-LIVE” of any project area, is delayed, the entire cost and/or time over-

run shall be the responsibility of the successful bidder and shall be borne by it only.

IX. Power to Withhold: Notwithstanding anything contained in the payment schedule

mentioned below, if in the opinion of DHBVN/UHBVN, any work done or supply

made or service rendered by the successful bidder is deficient in any manner in

comparison to the prescribed standards, DHBVN/UHBVN shall be at liberty to

withhold a reasonable portion of the payments due to the successful bidder, till such

work/ supply/ service is made conforming to the prescribed standards. These powers

to withhold payments shall be without prejudice to any other power/ right of

DHBVN/UHBVN under this contract.

5.4 PAYING AUTHORITY FA-MM, Dakshin Haryana Bijli Vitran Nigam Limited, Vidyut Sadan, Vidyut Nagar, Hissar-125005, Haryana

Similarly, paying authority of UHBVN is the counter part of FA/MM, DHBVN.


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Section-VI

PRICE BID SCHEDULE

A) PMC for phase-I & phase-II of the project implementation: -

DHBVN

Phase Item Description

Unit Qty. FoB (Per unit)

CGST

(In Rs)

SGST

(In Rs)

Total

Cost

(per

unit)

(In Rs.)

Total

Cost

(in Rs.)

1st

Building up of the Commercial Database for the consumers in IPDS Towns and remaining Non-R-APDRP/R-APDRP areas of DHBVN & UHBVN, integration of the same with Oracle Suite/Commercial business applications/ modules existing with the utility and rollout of the commercial business operations in the designated field offices.

lump sum

1

2nd lump sum

1

UHBVN

Phase Item Description

Unit Qty. FoB (Per unit)

CGST

(In Rs)

SGST

(In Rs)

Total

Cost

(per

unit)

(In Rs.)

Total

Cost

(in Rs.)

1st

Building up of the Commercial Database for the consumers in IPDS Towns and remaining Non-R-APDRP/R-APDRP areas of DHBVN & UHBVN, integration of the same with Oracle Suite/Commercial business applications/ modules existing with the utility and

lump sum

1

2nd

lump sum

1


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rollout of the commercial business operations in the designated field offices.

B) Charges for the Handholding support Service for One year (Further extendable for two more years)

For DHBVN Description Total No

of IPDS Sub Divisions

Total No of Non R-

APDRP Sub Divisions

Toral No of IPDS + Non R-APDRP

Sub Divisions

Unit Cost of Handholding support per

month (Without

Tax)

Applicable Taxes (In Rs.)

Unit Cost of Handholding support per month (WithTax)

Total Cost of Handholding support for 1 year for entire No of IPDS + Non R-APDRP Sub Divisions

CGST SGST

Handholding Support Services Charges for 1 year

24 53 77

For UHBVN

Description Total No of IPDS Sub Divisions

Total No of Non R-

APDRP Sub Divisions

Toral No of IPDS + Non R-APDRP

Sub Divisions

Unit Cost of Handholding support per

month (Without

Tax)

Applicable Taxes (In Rs.))

Unit Cost of Handholding support per month (WithTax)

Total Cost of Handholding support for 1 year for entire No of IPDS + Non R-APDRP Sub Divisions

CGST SGST

Handholding Support Services Charges for 1 year

18 50 68

C)Charges for the Help desk support Service at DC & DRC for One year( Further extendable for two more years)

For DHBVN

Description No. of resources

Unit Cost of Hepldesk support per month

(Without Tax)

Applicable Taxes (In Rs)

Unit Cost of Helpdesk support per month (WithTax)

Total Cost of Hepldesk support for 1 year

CGST SGST

Helpdesk Support at DC Services Charges for 1 year

8

For UHBVN

Description No. of resources

Unit Cost of Hepldesk support per month

(Without Tax)

Applicable Taxes (In Rs.)

Unit Cost of Helpdesk support per month (WithTax)

Total Cost of Hepldesk support for 1 year

CGST SGST

Helpdesk Support at DRC Services Charges for 1 year

8

Total Price for Work (A+B+C) in Rs.________________ In Word _____________________________________ Note:

1. Price proposals will be compared based on the Total Price for DHBVN & UHBVN taken together

mentioned above


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2. The bidders shall quote ex-works price with applicable taxes & duties separately. During the period of

engagement, the bidder will not be paid and/ or reimburse anything over and above the ex-work price

quoted & agreed upon except the statutory levies/taxes, which will be payable as per the rate prevailing

at the time of payment.

3. The ex-works price should include all incidental charges i.e overhead/ out of pocket expenses, travel

boarding, lodging, visit etc.

4. The ex-work prices shall remain FIRM till completion of the assignment.

5. Payment of services shall be made on the basis of cost quoted for HARYANA POWER DISTRIBUTION

UTILITIES (UHBVN & DHBVN) and as per the progress of work in each utility seperately.

(Ex-work Prices will be firm and inclusive of all incidental cost/charges minus taxes/statutory levies and no change alternate/conditional price offer shall be allowed)


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Section VII

ANNEXURES

CONTENTS

Annex.No.

ANNEXURE DESCRIPTION

PAGES

1 Performa of Bank Guarantee for Contract Performance.

2 BID SECURITY FORM

3.

SRS Document

Note:- SRS document corresponding to Data migration

scope and similar other scope defined in the RFP shall

remain sacroscant.


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ANNEXURE – 1

Page 1 to 2

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE

(To be stamped in accordance with stamp Act) Ref: ………………………. Bank Guarantee No……………… Dated …………………………... To The Chief Technology Officer , DHBVN/UHBVN, Hisar/Panckula Dear Sirs, In consideration of Dakshin Haryana Bijli Vitran Nigam ( hereinafter referred to as the ‘Owner’ which expression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/S ………………………………………………….. with its registered / Head office at ………………………( herein after referred to as the Contractor which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns ), a Contract by issue of Owner’s Letter of Award No. ……………………….. dated …………… and the same having been unequivocally accepted by the Contractor, resulting in a Contact bearing No. …………………. Dated ……………………. Valued at ……………………….. For ………………………(Scope of Contract ) and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to …………….(%)…………….. (Percent) of the said value of the Contract to the Owner. We ………………………………………………………………………… (Name and Address of the Bank ). Having its Head Office at ……………………(hereinafter referred to as the ‘Bank’ which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns ) do hereby guarantee and undertake to pay the Owner, on demand any and all monies payable by the Contractor to the extent of ………………………….. as aforesaid at any time upto ……………………….. ( days / month / year ) without any demur, reservation, contest recourse or protest and / or without any reference to the Contractor. Any such demand made by the owner on the Bank shall be conclusive and binding notwithstanding any difference between the owner and the Contractor or any dispute


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pending before any Court, Tribunal, Arbitrator or any authority. The Bank undertakes not to revoke his guarantee during its currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to be enforceable till the Owner discharges this guarantee. The Owner shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of the contract by the Contractor. The Owner shall have the fullest liberty, without affecting this guarantee to postpone from time to time the exercise of any powers vested in them or any right which they might have against the Contractor, and to exercise the same at any time in any manner and either to enforce or to for bear to enforce any covenants, contained or implied, in the Contract between the Owner and the Contractor or any other course or remedy or security available to the owner. The Bank shall not be released or its obligations under these presents by any exercise by the Owner of its liberty without reference in the matters aforesaid or any of them or by reason of any other Act of omission or commission on the part of the Owner or any other indulgences shown by the Owner or by any other matter or thing whatsoever which under law would but for this provision have the effect of relieving the Bank. The Bank also agrees that the Owner at its option shall be entitled to enforce this a guarantee against the Bank as a principle debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantees the owner may have in relation to the Contractor’s liabilities. Notwithstanding any thing contained herein above our liability under this guarantee is restricted to ………………………. And it shall remain in force upto and including…….. and shall be extended from time to time for such period as may be desired by M/S …………………………………. On whose behalf this guarantee has been given. Dated this ……………………. Day of …………………… 2017 at ………………….. WITNESS ……………………….. ……………………………. (Name) (Signature ) ……………………….. …………………………….. (Name ) (Signature) ………………………… …………………………….. (Official Address) (Designation with Bank Stamp) Attorney as per Power Of Attorney No. ……………………. Date ………………. Note :

• This sum shall be Five percent (5%) of the Contract Price.

• The validity will be Ninety days (90 days) after the end of Contract Period as specified in the Contract.

• The stamp papers of appropriate value shall be purchased in the name of issuing Bank.


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Annexure-2

BID SECURITY FORM

(To be stamped in accordance with Stamp Act, the Non-Judicial Stamp Paper should be in

the name of the issuing Bank)

Bank Guarantee No.: ....................................…

Date: ................................……...

To:

The Chief Technology Officer DHBVN, Vidyut Sadan, Vidyut Nagar, Hisar, Haryana.

WHEREAS M/s. …. ……………………………………(insert name of Bidder)…… having its Registered/Head Office at …………………………... (insert address of the Bidder) ……….. (hereinafter called "the Bidder") has submitted its Bid for the performance of the Contract for NIT No. TER-_____/ Non R-APDRP/IT Phase –II/2017 (hereinafter called "the Bid")

KNOW ALL PERSONS by these present that WE …….. (insert name & address of the

issuing bank) ……… having its Registered/Head Office at …..…….(insert address of

registered office of the bank)…….. (hereinafter called "the Bank"), are bound unto Dakshin

Haryana Bijli Vitran Nigam (hereinafter called "the Employer") in the sum of

....................(insert amount of Bid Security in figures & words)..........................

............................……………. for which payment well and truly to be made to the said

Employer, the Bank binds itself, its successors and assigns by these presents.

Sealed with the Common Seal of the said Bank this ............... day of ............... 20....

THE CONDITIONS of this obligation are:

(1) If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in

the Bid Form; or

(2) In case the Bidder does not withdraw the deviations proposed by him, if any, at the cost

of withdrawal stated by him in the bid and/or accept the withdrawals/rectifications

pursuant to the declaration/confirmation made by him in Attachment – Declaration of the

Bid; or


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(3) If the Bidder does not accept the corrections to arithmetical errors identified during

preliminary evaluation of his bid pursuant to ITB Clause 21; or

(4) If, as per the requirement of Qualification Requirements the Bidder is required to submit

a Deed of Joint Undertaking and he fails to submit the same, duly attested by Notary

Public of the place(s) of the respective executant(s) or registered with the Indian

Embassy/High Commission in that Country, within ten days from the date of intimation

of post – bid discussion; or

(5) in the case of a successful Bidder, if the Bidder fails within the specified time limit

(i) to sign the Contract Agreement, in accordance with ITB Clause 26, or

(ii) to furnish the required performance security, in accordance with ITB Clause 27.

or

(6) In any other case specifically provided for in ITB.

WE undertake to pay to the Employer up to the above amount upon receipt of its first written

demand, without the Employer having to substantiate its demand, provided that in its

demand the Employer will note that the amount claimed by it is due to it, owing to the

occurrence of any of the above-named CONDITIONS or their combination, and specifying

the occurred condition or conditions.

This guarantee will remain in full force up to and including ……….. (insert date, which shall

be the date 30 days after the period of bid validity)…….., and any demand in respect thereof

must reach the Bank not later than the above date.

For and on behalf of the Bank

[Signature of the authorized signatory(ies)]

Signature_______________________

Name_______________________

Designation_______________________

POA Number_______________________


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Contact Number(s): Tel.______________Mobile______________

Fax Number_______________________

email ____________________________

Common Seal of the Bank______________________

Witness:

Signature_______________________

Name_______________________

Address______________________________

Contact Number(s): Tel.______________Mobile______________

email ____________________________

Note:

1. In case the bid is submitted by a Joint Venture, the bid security shall be in the name of

the Joint Venture and not in the name of the Lead Partner or any other Partner(s) of

the Joint Venture.

2. The Bank Guarantee should be in accordance with the proforma as provided.

However, in case the issuing bank insists for additional paragraph for limitation of

liability, the following may be added at the end of the proforma of the Bank Guarantee

[i.e., end paragraph of the Bank Guarantee preceding the signature(s) of the issuing

authority(ies) of the Bank Guarantee]:

Quote:-

“Notwithstanding anything contained herein:

1. Our liability under this Bank Guarantee shall not exceed _________ (value in

figures)____________ [_____________________ (value in words)____________].


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2. This Bank Guarantee shall be valid upto ________(validity date)__________.

3. We are liable to pay the guaranteed amount or any part thereof under this Bank

Guarantee only & only if we receive a written claim or demand on or before

________ (validity date) __________.”