tender for facility management services for it data · pdf file“tender for facility...

BSES Rajdhani Power Ltd.

NIT: CMC/BR/15‐16/ASG/SA/446 dated 10.03.2016 of 60 Bidders seal & signature

Tender Notification for

“Tender for Facility Management Services for IT (Data Center, Server/DB, Network &

Hardware) in BRPL”

CMC/BR/15-16/ASG/SA/446

Due Date for Submission: 29th MARCH 2016, 1500 HRS

BSES RAJDHANI POWER LIMITED, BSES Bhawan, Nehru Place, New Delhi-110019 Corporate Identification Number: U74899DL2001PLC111527 Telephone Number: +91 11 3009 9999 Fax Number: +91 11 2641 9833 Website: www.bsesdelhi.com Mail ID: [email protected]

BSES RAJDHANI POWER LTD (BRPL)



INDEX

SECTION – I: REQUEST FOR QUOTATION…………………………………….. ............... 3

SECTION – II: INSTRUCTIONS TO BIDDER……………………………………………….8

SECTION – III:TERMS AND CONDITION……………………………...…………………..30

SECTION – IV: BILL OF QUANTITY/PRICE FORMAT……………………...…………..56

SECTION – V: BID FORM………………………………………………………...…………..58

SECTION – VI: FORMAT FOR EMD BANK GUARANTEE ……………………....……..59

SECTION – VII: CHECK LIST…………………………………………………...…………..60



SECTION I REQUEST FOR QUOTATION

1.1 GENERAL

BSES RAJDHANI Power Limited invites sealed tenders in 2 envelopes for “Tender for Facility Management Services for IT (Data Center, Server/DB, Network & Hardware) in BRPL” The bidder must qualify the requirements as specified in clause 1.3 stated below. The sealed envelopes shall be duly superscribed as‐

“Bid for Services for Facility Management Services for IT (Data Center, Server/DB,

Network & Hardware) in BRPL” “NIT NO CMC/BR/15‐16/ASG/SA/446”.

1.01 BRPL invites sealed tenders from eligible Bidders for the above‐mentioned Contract (clause 1.01).

Estimated cost of Contract : Rs. 6,50,00,000/‐ Earnest money Deposit : Rs. 6,50,000/‐ Cost of Tender form (Non‐ Refundable) : Rs.1000/‐ Delivery period of the Contract : For Three year (April 2016 to March

2019) releasing of work order every year on the basis of FMS performance.

Date & time of Pre‐Bid Meeting : 22/03/2016 from 1400 HRS to 1630 HRS Date & time of Submission of Tender : 29/03/2016 UPTO 1500 HRS Date & time of opening of Tender : 29/03/2016 AT 1530 HRS

(Opening of technical bid)

The tender document can be obtained from address given below against submission of non‐refundable demand draft of Rs.1000/‐ drawn in favor of BSES RAJDHANI Power Ltd, payable at Delhi:

Head of Department Contracts & Material Dept. BSES RAJDHANI Power Limited I Floor, ‘C’ Block BSES Bhawan Nehru Place‐110019 The tender papers will be issued on all Contracting days upto the date mentioned in clause 1.01. The tender documents & detail terms and conditions can also be downloaded from the website www.bsesdelhi.com. In case tender papers are downloaded from the above website, then the bidder has to enclose a separate demand draft covering the cost of bid documents.

1.2 POINTS TO BE NOTED

1.2.1 Contracts envisaged under this contract are required to be executed in all respects up to the period of completion mentioned above.

1.2.2 Only those agencies, who fulfill the qualifying criteria as mentioned in clause 1.3 should submit the tender documents.

1.2.3 Tender document consists of the following:

a. Request for quotation/ Notice Inviting Tender

b. Instructions to Tenderers

c. Commercial Terms & conditions

d. Scope of Contract & specifications

e. Price Format



1.2.4 The Contract shall be governed by the documents listed in para 1.2.3 above.

1.2.5 BSES RAJDHANI Power Ltd reserves the right to accept/reject any or all Tenders without assigning any reason thereof and alter the amount and quantity mentioned in the Tender documents at the time of placing purchase/ Contract orders. Tender will be summarily rejected if:

(i) Earnest Money Deposit (EMD) of value INR 6,50,000/‐ is not deposited in shape of Bank Draft/Pay Order/Banker’s Cheque/BG drawn in favour of BSES Rajdhani Power Ltd, payable at Delhi.

(ii) The offer does not contain “FOR NEW DELHI” price indicating break‐up towards all taxes, duties & freight.

(iii) Complete Technical details are not enclosed.

(iv) Tender will be received after due date and time.

1.3 Qualification Criteria:‐

The prospective bidder must qualify all of the following requirements to be eligible to participate in the bidding. Bidders who meet following requirements will be considered as successful bidder and management has a right to disqualify those bidders who do not meet these requirements.

They should have adequate experience of executing works in Facility Management Services for IT (Data Center, Server/DB, Network & Hardware) in BRPL. They should have successfully completed in preceding five years:‐ Four similar completed works costing not less than amount equal to 30% of estimated cost put to tender

Or Two similar completed works costing not less than amount equal to 50% of the estimated cost put to tender.

Or One similar completed works of aggregate cost not less than amount equal to 80% of the estimated cost put to tender.

Bidder must have extensive knowledge and experience rendering such Service/ Supply s to the institute of large government/ corporate establishment /reputed organization and awarded with one single contract with value minimum of Rs. 50 Lacs in last financial year 2014‐15.

Bidder must have executed the Contracts of like nature under single contract and having extensive experience of carrying out similar type of Contracts.

The bidder should be a public/private limited company registered under Companies Act, 1956 for a minimum period of seven years in India.

The bidder should not have been blacklisted by any Government or PSU Enterprise.

The bidder should have a valid Registration/VAT/Service tax Certificate, PAN Card and should be registered with the appropriate authorities for all applicable statutory taxes/duties.

The Bidder should have the following accreditations / certifications which is valid as on the date of issue of this RFP ‐ ISO 9001:2008, ISO 20000, ISO 27001, SEI CMMi Level 3 or above.

The bidder should have minimum annual turnover of Rs. 200 Crores in each of the last three financial years (i.e. 2012‐13, 2013‐14, 2014‐15).

The bidder should have experience of providing FM services in a similar organization, preferably in the Energy and Utilities sector.



Bidder should have executed at least one single work order for providing IT support services and maintenance of at least 3000 IT assets including Desktops, Servers, Peripherals (Printers/Scanners) & Networking devices ( Switches/ Routers) etc. across multiple locations (not less than 3 locations) in the last 7 years.

The bidder should have experience in providing 24x7x365 Service‐Desk services (Service Desk Setup must be in India) to a customer having at least 1000 users.

The bidder should have their own SOC providing remote services to its end customers. Bidder to submit the documentary evidence against this clause.

Bidder should have valid Registration No. of Sales Tax/VAT/Service/ Supply Tax, whichever is Applicable;

The agency shall have office in Delhi/ NCR.

Entities that have been debarred/ blacklisted in other utilities in India will not be considered; in this regard a written statement has to be provided along with other documents.

Company reserves the right to carry out capability assessment of the Bidders and company’s decision shall be final in this regard without assigning the reasons thereof and preference will be given to the Bidders who have worked with utility companies.

The bidder shall submit all necessary documentary evidence to establish that the Bidder meets the above qualifying requirements.

Also, the Bidder shall furnish the following commercial & technical information along with the tender:

Latest balance sheet Details of constitution of the company (Proprietary/ Limited. Along with details) Memorandum & Articles of Association of the Company Organization Chart of the company Experience details with credentials Turnover certificate issued by C.A for the last three Financial Years. No of Employees detail Premises Detail and addresses across India.

1.4 Bidding and Award Process:‐

Bidders are requested to submit their offer strictly in line with this tender document. NO DEVIATION IS ACCEPTABLE. BRPL shall response to the clarifications raised by various bidders and the same will be distributed to all participating bidders through website.

1.4.1 BID SUBMISSION:

The bidders are required to submit the bid in 2(two) parts and submit in original to the following address

Head of Department Contracts & Material Dept. BSES RAJDHANI Power Ltd 1st Floor, C Block



BSES Bhawan, Nehru Place New Delhi 110019

PART A : TECHNICAL BID (2 Copies = 1 Original + 1 Duplicate) comprising of following:

EMD of requisite amount Non‐refundable separate demand draft for Rs. 1000/‐ In case the

forms are downloaded from the website Documentary evidence in support of qualifying criteria Technical Literature if any. Any other relevant document Acceptance to Commercial Terms and Conditions viz Delivery

schedule/period, Payment terms, BG etc Duly Signed Bid Form

PART B: FINANCIAL BID comprising of

• Prices strictly in the Format enclosed in SECTION IV indicating breaking up regarding basic price, taxes & duties etc

• E‐ Bidding and Reverse Auction through SAP‐SRM Module

Purchase reserves the right to use the reverse auction through SAP‐SRM tool as an integral part of the entire tendering process. All the bidders who are techno‐commercial qualified on the basis of tender requirements shall participate in reverse auction.

Notwithstanding anything stated above, the Purchaser reserves the right to assess bidders capability to perform the contract, should the circumstances warrant such assessment in the overall interest of the purchaser. In this regard the decision of the purchaser is final.

This is a two part bid process. Bidders are to submit the bids in 2(two) parts

Both these parts should be furnished in separate sealed covers super scribing NIT no. DUE DATE OF SUBMISSION, with particulars as PART‐A TECHNICAL BID & COMMERCIAL TERMS & CONDITIONS and Part‐B FINANCIAL BID and these sealed envelopes should again be placed in another sealed envelope which should be super scribed with —“Tender Notice No.& Due date of opening“. The same shall be submitted before the due date & time specified.

Part – A :: Technical Bid should not contain any cost information whatsoever and shall be submitted within the due date as mentioned in clause 1.02. After technical evaluation, the list of qualified tenderes will be posted immediately on BSES website.

PART B :: This envelope will be opened after technical evaluation and only of the qualified bidders and the date of opening of the same shall be intimated in due course of time.

Notwithstanding anything stated above, the Company reserves the right to assess bidders’ capability to perform the contract, should the circumstances warrant such assessment in the overall interest of the Company. In this regard the decision of the Company is final.

PART – C ::E‐ Bidding and Reverse Auction through SAP‐SRM Module. Purchase reserves the right to use the reverse auction through SAP‐SRM tool as an integral part of the entire tendering process. All the bidders who are techno‐commercial qualified on the basis of tender requirements shall participate in reverse auction.



Notwithstanding anything stated above, the Purchaser reserves the right to assess bidders capability to perform the contract, should the circumstances warrant such assessment in the overall interest of the purchaser. In this regard the decision of the purchaser is final

1.4.2 Award Decision a) Company intends to award the business on a lowest bid basis, so contractors are encouraged to submit the bid competitively. The decision to place order/LOI solely depends on Company on the cost competitiveness across multiple lots, quality, delivery and bidder‘s capacity, in addition to other factors that Company may deem relevant.

b) The Company reserves all the rights to award the contract to one or more bidders so as to meet the delivery requirement or nullify the award decision without any reason.

c) In case any contractor is found unsatisfactory during the execution process, the award will be cancelled and BRPL reserves the right to award other contractors who are found fit.

1.4.3 Market Integrity We have a fair and competitive marketplace. The rules for bidders are outlined in the Terms & Conditions. Bidders must agree to these rules prior to participating. In addition to other remedies available, we reserves the right to exclude a bidder from participating in future markets due to the bidder’s violation of any of the rules or obligations contained in the Terms & Condition. Bidders who violate the marketplace rules or engage in behavior that disrupts the fair execution of the marketplace restricts a bidder to length of time, depending upon the seriousness of the violation. Examples of violations include, but are not limited to:

• Failure to honor prices submitted to the market place. • Breach of the terms of the published in Request for Quotation/NIT.

1.4.4 Confidentiality All information contained in this RFQ is confidential and may not be disclosed, published or advertised in any manner without written authorization from BRPL/BRPL. This includes all bidding information submitted.

All RFQ documents remain the property of BRPL and all bidders are required to return these documents to BRPL upon request.

Bidders who do not honor these confidentiality provisions will be excluded from participating in future bidding events.

1.5 Contact Information Technical clarification, if any, as regards this RFQ shall be sought in writing and sent by post/courier to following address

Contact No : 011‐39999444 or Email : [email protected]



SECTION – II

INSTRUCTION TO BIDDERS

A. GENERAL

1.0 BSES RAJDHANI Power Ltd, hereinafter referred to as “Tender for Facility Management Services for IT (Data Center, Server/DB, Network & Hardware) in BRPL”. Consisting of Four parts as below:

2.0 SCOPE OF CONTRACT 1. The scope shall describe below:

Scope of the Contract

SCOPE OF WORK

BRPL wishes to outsource its IT infrastructure support services to a partner with rich experience in handling

similar setup through multi‐location presence.

The Vendor shall be responsible for 24*7*365 management of all the systems as per scope of work with

services rendered at least as per Service Level Agreement between BRPL & Vendor. Vendor need to provide

L1, L2 onsite support. An L2 on‐site resource needs to be factored only for DC & Network Support. Scope

does not include management of physical security for access to said facilities, disaster management &

business continuity.

BRPL is having approx. 235 office/ grid locations divided into 4 Circles and 19 divisions. It also has 2 Data

Centers located at Nehru place and Balaji Estate Kalkaji.

SERVICE DELIVERY MANAGEMENT FM Vendor shall provide detailed description for Service Delivery Framework for the complete project

including transition plan and deliverables and project management methodology.

PROJECT MANAGEMENT

FM Vendor will assign a dedicated Project Manager who will provide the management interface facility

and has the responsibility for managing the complete service delivery during the contractual

arrangement between BRPL and the FM Vendor.

Project Manager will be responsible for preparation and delivery of all monthly/weekly reports as well

as all invoicing relating to the service being delivered.

Project Manager’s responsibilities should essentially cover the following:

• Overall responsibility for delivery of the Statement of Work/s (SOW) and Service Level Agreement

(SLA).



• Act as a primary interface to BRPL for all matters that can affect the baseline, schedule and cost of

the services project.

• Maintain project communications through BRPL’s Project Leader.

• Provide strategic and tactical recommendations in relation to technology related issues

• Provide escalation to FM Vendor’s senior management if required

• Resolve deviations from the phased project plan

• Conduct regularly scheduled project status meetings

• Review and administer the Project Change Control Procedure with BRPL Project Leader.

• Identify and resolve problems and issues together with BRPL Project Leader

• Responsible for preparation and delivery of all monthly reports relating to the services being

delivered

TRANSITION MANAGEMENT

During initial six weeks viz. initial period of taking over by FMS vendor after completion of all formalities,

FMS vendor shall provide minimum agreeable services. Formal SLA shall be enforced only after initial

transition period.

HELP DESK

Help Desk shall act as a single‐point‐of‐contact for all service problems pertaining to hardware, software

& network. The successful bidder shall maintain a dedicated centralized online Help Desk with a

telephone number, E‐mail and call tracking mechanism that will resolve problems and answer questions

that arise from the use of the offered solution as it is implemented at BRPL. Users can log the queries /

complaints, which should be resolved as per the Service Level requirements. The helpdesk queries /

complaints can be related to Connectivity, Messaging, Security, Hardware, Software, Configuration and

any other issues.

Help Desk software provided by BRPL will take care of classification, automatic escalation, management

and status tracking and reporting of incidents as expected by the service level requirements. Status

tracking should be available to users through telephone number as well as online through software.

• The Help Desk will respond to and resolve the problems as per the SLA.

• Problems shall be classified into various levels of priority mentioned in the SLA. The assigned priority for

each problem shall depend upon:

• The extent of the problem’s impact on the usability of the system

• The percentage of users affected by the problem.



• The initial assignment of priorities is the responsibility of the Help Desk’s Problem Manager on basis of

SLA. However, BRPL can change the priority assigned to a particular problem and the procedures that

exist for escalating a problem to progressively higher management levels, until agreement is secured.

• The precise definition of problem priorities should be documented in the Successful bidder’s SLA.

• Helpdesk shall troubleshoot on systems (hardware), applications (software), mail related issues,

network related issues, multimedia related issues, server administration, security policies, 3rdparty

coordination etc.

• After problem resolution, the logged problem in help desk will be closed and notifications will be sent

to user for confirmation and rate the customer service on defined parameter in helpdesk.

• Help Desk shall be responsible for change management like schedule up gradation of hardware and

software components etc. Help Desk will co‐ordinate and take approval from BRPL for the same and

will inform all users for such event in advance.

• Help Desk shall also be responsible for managing problems/incidents related to LAN at each node. Help

Desk shall ensure timely response and assigning the problem/incident on priority basis.

FM VENDOR’s RESPONSIBILITIES REGARDING HELP DESK:

HARDWARE AND SOFTWARE SERVICES

• Provide Support for hardware and software, including incident logging, assigning incident numbers and

dispatching the appropriate support personnel or AMC vendor to remedy a problem

• Prioritize problem resolution in accordance with the severity codes and Service Levels specified

• Provide system status messages, as requested

• Maintain the defined help desk operational procedures

• Notify designated personnel of systems or equipment failures, or of an emergency

• Initiate a problem management record (“PMR”) to document a service outage to include (for example)

date and time opened, description of symptoms, and problem assignment (Level Two/Level Three),

and track and report on problem status, as required

• Monitor problem status to facilitate problem closure within defined Service Level criteria or escalate, as

appropriate

• Monitor PMR closure, including documented problem resolution

• Provide BRPL with complete and timely problem status through the problem tracking system, as

requested

• Maintain an updated help desk personnel contact listing



MANAGEMENT SERVICE

• Provide “ownership‐to‐resolution” of all help desk calls, monitor and report on the progress of problem

resolution, confirm resolution of the problem with the End User, and log the final resolution via the

problem management system;

• Record, analyze and report on calls received by the help desk, including:

o Call volumes and duration,

o Incident & Problem trends,

o Call resolution time.

• Assign priorities to problems, queries, and requests based on the guidelines/SLA provided by BRPL

• Monitor and report to BRPL on maintenance vendor performance

• Provide input to BRPL on End User training requirements based on help desk call tracking and analysis

• Update contact list of users initially provided by BRPL

IMAC SERVICES (Install Move Add Change)

• Act as the point‐of‐contact for install and MAC requests and status

• Act as the interface for coordinating and scheduling all installations and MACs.

USER ORIENTED SERVICES

• Provide an interface for user requests, such as new user IDs, address changes, routing requests, and

password changes.

• Advise the End User to take reasonable steps to backup information, if possible, prior to attempting to

effect a resolution either by phone or hands‐on during Desk Side Support Service; and

• Assist End Users with Office automation and E‐mail “how to” and usage questions.

BRPL’s RESPONSIBILITIES REGARDING HELP DESK

• Help FM Vendor define help desk call prioritization guidelines

• Provide updated contact listing (as a one‐time activity) for use by help desk personnel in contacting

appropriate personnel of BRPL for assistance/notification,

• Assist FM Vendor, as requested, in the resolution of problems outside the scope of FM Vendors

responsibilities or recurring problems, which are the result of End User error

• Provide an adequate level of system authority for all Hardware, Software and resources for which FM

Vendor has problem resolution responsibility and communications access

• Assist FM Vendor in the development of help desk operational procedures by providing input to, and

review and approval of, such procedures (this shall be a one‐time activity).



INSTALL, MOVES, ADDS, CHANGES (IMAC) Services

This Service provides for the scheduling and performance of install, move, adds, and change activities for

Hardware and Software. Definitions of these components are as follows:

Install: Installation of desktop machines, servers, peripheral equipment, and network attached peripheral

equipment, which form part of the existing baseline (new equipment needs to be procured by with

installation services at the time of procurement).

Move: Movement of desktop machines, servers, peripheral equipment, and network attached peripheral

equipment.

Add: Installation of additional hardware or software on desktop machines and servers after initial delivery

(e.g. Additional RAM, CD ROM drive, sound card etc.).

Change: Upgrade to or modification of existing hardware or software on desktop machines and servers

(e.g. Upgrade 2.4GB hard disk drive to 4.3GB).

Requests for IMAC shall be prepared by FMS vendor depending on customer/ system requirements &

shall be approved by BRPL. BRPL shall formulate guidelines for IMAC & communicate it to FMS vendor. All

procurements shall be done by BRPL.

ASSET/ INVENTORY MANAGEMENT

FMS Vendor shall provide asset‐tracking services for the IT assets of the BRPL.

• FMS Vendor & BRPL personnel shall jointly perform baseline asset tracking & inventory tracking at start

of FMS contract.

• FMS Vendor shall create/ maintain hardware asset database by recording information like configuration

details, serial number, asset code, location details, warranty and AMC.

• FMS Vendor shall ensure feeding baseline data of assets onto a software module developed for the

purpose by BRPL.

• The database shall be regularly updated by the vendor .The updating shall be required due to new

installations, up‐gradations of systems, change of location of systems, discarding of systems, sending

of components for repairs etc.

• The vendor at any time must be able to display to BRPL latest level of IT assets & inventories. It should

be able to display assets sent for repairs & assets discarded & assets upgraded.

• Provide asset verification at least twice a year in presence of BRPL personnel.



• FMS Vendor shall provide regular MIS based on above to BRPL regarding need of new spares &

components considering appropriate procurement time. The procurements shall be done by BRPL.

• Prior to completion of contract period, FMS Vendor shall hand over all assets along with report of all

services to new FMS Vendor/ BRPL staff.

VENDOR MANAGEMENT SERVICES

As part of this activity the FM Vendor’s team will:

• Manage the vendors for escalations on support

• Logging calls and co‐ordination with vendors

• Vendor SLA tracking

• AMC Tracking

• Management of assets sent for repair

• Maintain database of the various vendors with details like contact person, Tel. Nos., response time and

resolution time commitments. Log calls with vendors Coordinate and follow up with the vendors and

get the necessary spares exchanged.

• Analyze the performance of the vendors periodically (Quarterly basis)

• Provide MIS to BRPL regarding tenure of completion of AMC with outside vendors for software,

hardware & networks maintenance in order that BRPL may take necessary action for renewal of AMC.

FMS vendor shall also provide MIS regarding performance of said vendors during existing AMC.

• FMS vendor has to interact with vendors as selected by BRPL for providing AMC for said systems.

BRPL shall provide FMS vendor with contact details of individual vendors & SLAs signed with them by

BRPL.

DESK SIDE TECHNICAL SUPPORT SERVICES

This Service provides maintenance for IT equipment (Desktop, Laptop & Printers), including preventive

and predictive support, as well as repair and/or replacement/ up‐gradation activity.

FMS vendor shall:

• Provide a single‐point‐of‐contact to End Users for the resolution of Desk side related problems or to

request an equipment upgrade or consultation;

• Provide Desktop maintenance services, corrective maintenance to remedy a problem, and scheduled

health check to maintain the Desktop in accordance with manufacturers’ specifications and

warranties;

• Identify network, operational and software related problems and escalate to respective teams

• Implement Recovery Procedures



ANTI VIRUS MANAGEMENT

This Service includes virus detection and eradication, logon administration and synchronization across

servers, and support for required security classifications. The scope of service is applicable to the Anti‐

virus patch/client upgrade for desktops.

LAN & LOCAL SERVER ADMINISTRATION

FM Vendor will provide for LAN and Server administration services including administrative support for

user registration, creating and maintaining user profiles, granting user access and authorization, providing

ongoing user password support, announcing and providing networking services for users and providing

administrative support for the Users from a central location.

NETWORK MONITORING & MANAGEMENT‐ WAN / VPN / INTERNET

This Service provides for the Availability Monitoring of the Wide Area network environment, including

network connection devices, such as routers, and communication equipment. Management includes

proactive monitoring and vendor management.

FMS Vendor’s Responsibilities

• Provide a single‐point‐of‐contact for responding to BRPL’s network management queries or accepting

its problem management requests. FM Vendor’s network management specialist will respond to

BRPL’s initial request within agreed service level objectives set forth.

• Monitor availability & Escalate to service provider and Notify BRPL for WAN Outages.

• Review the service levels of the network service provider (as per pre‐defined schedules on SLA

performance) along with BRPL.

• Provide network availability incident reports severity wise to BRPL in a format mutually agreed.

• Provide SLA performance management report of the Network Service Provider.

• Fault Detection and Notification: The bidder shall diagnose problems that could arise as part of the

LAN/WAN network. These include connectivity problems due to failures in communication transport

links, CPE, routing configuration points, or from software bugs etc.

• Fault Isolation and Resolution: All faults that have been identified need to be isolated and rectified

appropriately. The resolution measures undertaken by the bidder and results produced accordingly

shall be documented in the report.

• Carrier Coordination: Carrier Coordination implies providing a single point of contact to resolve

network related problems involving carrier circuits, whether equipment or circuit related. When a

problem is diagnosed because of a WAN circuit, the bidder must coordinate with the corresponding

carrier to test and restore the circuit. The bidder must take the responsibility and ensure that the

problem is resolved.



• Hardware/Software Maintenance and Monitoring: This would include problem determination,

configuration issues, and hardware and software fault reporting and resolution. All such issues would

need to be recorded and rectified.

• 24x7 Network Monitoring and reporting: The bidder shall monitor the network on a continuous basis

using the NMS provided by BRPL and submit reports on daily, weekly and monthly basis with

instances from the NMS system. System performance is to be monitored independently by the bidder

and a monthly report mentioning Service up time etc. is to be submitted to BRPL. The report shall

include:

o Network configuration changes

o Network Performance Management including bandwidth availability and Bandwidth

utilization

o Network uptime

o Link uptime

o Network equipment health check report

o Resource utilization and Faults in network

o Link wise Latency report (both one way and round trip) times.

o Historical reporting for generation of on‐demand and scheduled reports of Business

Service related metrics with capabilities for customization of the report presentation.

o Generate SLA violation alarms to notify whenever an agreement is violated or is in danger

of being violated.

o Any other reports/format other than the above mentioned reports required by BRPL

DATA CENTER OPERATIONS

FMS Vendor shall:

• Regularly monitor and log the state of environmental conditions and power conditions in the Data

center.

• Coordinate with BRPL and its vendors to resolve any problems and issues related to the Data center

related to environment conditions, power, air‐conditioning, fire, water seepage, dust, cleanliness, etc.

• Co‐ordinate with the BRPL for implementing any changes that may be required towards the placement

and layout of infrastructure within the Data center.

• Vendor shall monitor, log & report entire equipment & module operation on 24x 7 x 365 basis

• Shall perform periodic health checkup & troubleshooting of all systems & modules installed by

consortium members & implement proactive rectification measures



SERVER ADMINISTRATION / MANAGEMENT

FMS Vendor will provide the server administration and monitoring service to keep servers stable,

operating efficiently and reliably.

FM Vendor shall provide administrative support for user registration, creating and maintaining user

profiles, granting user access and authorization, providing ongoing user password support, and providing

administrative support for print, file, and directory, services.

FM Vendor’s Responsibilities

• Setting up and configuring servers

• Installation of the server operating system and operating system utilities

• Also reinstallation on event of system crash/failures

• OS Administration for IT system

• Manage Operating system, file system and configuration

• Ensure proper configuration of server parameters, operating systems administration and tuning

• Regularly monitor and maintain a log of the performance monitoring of servers including but not

limited to monitoring CPU, disk space, memory utilization, I/O utilization, etc. using tool provided by

BRPL

• Regular analysis of events and logs

• Apply OS Patches and updates

• Monitor & verify logs files and periodically clean up log files

• Ensure proper running of all critical services on the servers. Schedule and optimize these services

• Maintain lists of all system files, root directories and volumes

• Resolving all server related problems

• Escalating unresolved problems to ensure resolution as per the agreed SLAs

• Responsible for periodic health check of the systems, troubleshooting problems, analyzing and

implementing rectification measures

• Logical access control of user and groups on system

• Responsible for managing uptime of servers as per SLAs

• Server OS used in BRPL are Windows ,Linux and Solaris

DATABASE ADMINISTRATION SERVICES

FMS Vendor shall:

• Undertake end‐to‐end management of database on an ongoing basis to ensure smooth functioning of

the same.

• Undertake tasks including managing changes to database schemes, disk space, storage, and user roles.



• Setting and tuning system parameters

• Building appropriate indexes, specifying large enough buffers and caches, aligning the database

implementation with IT infrastructure, monitoring databases and applications, reorganizing

databases, etc.

• Manage database upgrade or patch upgrade as and when required with minimal downtime

• Databases used in BRPL is Oracle and Ms SQL,My SQL

BACKUP / RESTORE MANAGEMENT

FM vendor will perform backup and restore management in accordance with mutually agreed to backup

and restore policies and procedures, including performance of daily, weekly, monthly, quarterly and

annual backup functions (full volume and incremental) for data and software maintained on Servers and

storage systems including interfacing with BRPL’s specified backup media storage facilities;

FMS Vendor shall ensure:

• Backup and restore of data in accordance to defined process / procedure.

• 24 x 7 support for file & volume restoration requests

• Maintenance and Upgrade of infrastructure and/or software as and when needed.

• Performance analysis of infrastructure and rework of backup schedule for optimum utilization.

• Generation and publishing of backup reports periodically.

• Maintaining inventory of onsite tapes.

• Forecasting tape requirements for backup.

• Ensuring failed backups are restarted and completed successfully within the backup cycle.

• Monitor and enhance the performance of scheduled backups

• Real‐time monitoring, log maintenance and reporting of backup status on a regular basis.

• Management of storage environment to maintain performance at optimum levels.

• Periodic Restoration Testing of the Backup

• Periodic Browsing of the Backup Media

• Management of the storage solution including, but not limited to, management of space, volume, RAID

configuration, configuration and management of disk array, SAN fabric / switches, tape library etc.,

• Interacting with Process Owners in developing / maintaining Backup & Restoration Policies / Procedures

• To provide MIS reports as per agreement

PERFORMANCE MONITORING AND REPORTING

Regularly monitor and maintain a log of the performance monitoring of servers including but not limited

to monitoring CPU, disk space, memory utilization, I/O utilization,Central Storage etc.



• Regular analysis of events and logs generated in all the sub systems including but not limited to servers,

operating systems, databases, applications etc. The system administrators shall also ensure that the

logs are backed up and truncated at regular intervals.

• The administrators shall undertake actions in accordance with the results of the log analysis to ensure

that the bottlenecks in the infrastructure are identified and fine‐tuning is done for optimal

performance

• Reporting to BRPL for all system performance monitoring

SERVICE MANAGEMENT CONTROLS

The Bidder must adhere to well‐defined processes and procedures to deliver consistent quality services

throughout its contractual period.

The bidder must define the processes/procedures which ensure the service delivery as per the required

SLAs or exceed it. It should cover various equipment’s such as all the servers, networks, switches, SAN,

Modems, other site specific services, and the critical services and their supporting hardware, as defined in

scope of work.

The bidder is expected to carry the following system management controls during FMS period:

• INCIDENT MANAGEMENT

• TICKETING MANAGEMENT

• PROBLEM MANAGEMENT

• CHANGE MANAGEMENT

• RELEASE MANAGEMENT

• AVAILABILITY MANAGEMENT

PERFORMANCE MANAGEMENT

The recording, monitoring, measuring, analyzing, reporting, and forecasting of current levels, potential

bottlenecks, and enhancements of performance characteristics for the services, networks, applications,

system software, and equipment within the scope shall be required. System tuning and optimization is an

inherent part of this contract. Where warranted, the vendor will utilize capacity management data in

combination with performance management data to identify ways to improve performance levels of the

resources, extend their useful life, and request BRPL to approve revisions/upgrades to the computing and

communications hardware, software and other equipment’s such that higher levels of performance of the

resources are obtained.



CAPACITY MANAGEMENT

The continuous monitoring, periodic analysis, and forecasting of the changes necessary to quantify

capacity and configuration of finite resources comprising the computing and communication hardware

and software infrastructure supported under this initiative by the Bidder. Categories of resources to be

capacity managed include but are not limited to servers & system software.

SECURITY MANAGEMENT

The protection from unauthorized usage, detection of intrusions, reporting as required and proactive

prevention actions are to be provided by the vendor.

Deliverables:

• Configuration & Change Management

• Policy Fine‐tuning

• Release Management

• Backup & Restoration Management

• Fault Management

• Security Device/Appliance Restoration

• Problem Management

RESOURCES FOR PROJECT & SERVICE MANAGEMENT

The bidder shall deploy adequate number of L1 & L2 personnel for providing Facility .Further there shall

be one team leader available during dayshift, which would also be expected to be available on call in case

of emergency requirement.

The bidder shall be required to depute on‐site personals to meet the Services requirement as described

above. All the resources deputed on‐site should be as per Indian Labour Law and

Bidder needs to retain existing support manpower with average 10% hike as increment. Any resource to

be posted at site needs to get interviewed and approved by the BRPL before posting on‐site.

• ONSITE SERVICE ENGINEERS – Shall be required to undertake the responsibilities of System

Administrator and Troubleshooting of multi‐brand Hardware. OEM Windows/Linux certified engineer

shall be required for System administration, repair & maintenance, with knowledge and expertise on

the various Linux flavors and Windows Operating System. Microsoft certified Professional shall be

required for Intel Servers.

• OPERATIONS MANAGEMENT RESOURCES – The Bidder shall be required to deploy adequate number of

engineers responsible for day‐to‐day operations (including back up etc.) and monitoring in each shift

on all days of the week on 24x7 days.



• GENERAL QUALIFICATION & EXPERIENCE OF RESOURCE PERSONS – The engineers deployed for the job

must have suitable qualification, experience and certification for the assigned job. If the service of

particular personnel is not satisfactory, owner shall ask for the suitable replacement and the Bidder

shall be required to provide the replacement on the next working day. Resources deployed should be

at least 3 year Diploma/ Graduation holders except LAN resources.

FMS DURATIONS/ SERVICE LEVELS/ CRITICALITY

Typical Facility Management Services Availability & duration of their requirement are tabulated below for

reference. BRPL may modify as per its own requirements.

SERVICE AVAILABILITY & CRITICALITY CHART

SERVICE DURATION CRITICALITY

SERVICE DESK 24 HOURS (12x6 from helpdesk and rest can be supported from datacenter

URGENT‐12X6 REST‐HIGH

ASSET MANAGEMENT SERVICES 8X6 MEDIUM

VENDOR MANAGEMENT SERVICES 8X6 MEDIUM

AMC TRACKING 8X6 MEDIUM

DESKSIDE TECHNICAL SUPPORT 12X6 HIGH

DESKSIDE TECHNICAL SUPPORT HO 12X7 HIGH

DATACENTER & SERVER ADMINISTRATION 24X7 CRITICAL

ANTIVIRUS & SECURITY ADMINISTRATION 8X6 URGENT

NETWORK MANAGEMENT‐WAN 24X7 CRITICAL

NETWORK MANAGEMENT‐LAN 12X6 HIGH

BACKUP & STORAGE MANAGEMENT AS PER SCHEDULE HIGH Service level duration can be extended during FMS tenure period as per any outage/ emergency requirements. CRITICALITY DEFINITION CHART

Support Criteria Maximum Response

Resolution Time

Critical The system is unable to be used for normal business activities. There is certainty of financial loss to PURCHASER.

15 Minutes 2 Hours

High The efficiency of users is being impacted, but has a viable workaround.

30 Minutes 4 hours

Medium A low impact problem that affects the efficiency of users buthas a simple workaround.

1 Hours 6 Hours

Low A fault, which has no particular impact on processing ofnormal business activities.

2 Hours 12 Hours



Compliance Matrix: Vendor will adhere to the under mentioned expected deliverables from BRPL. Vendor will understand the SCOPE OF WORK before giving the proposal.

S No. Overall Expectations from vendor Compliance Remarks

1 Technical Deliverables

2 Reporting & Documentation

3 Desk Side Support

4 Asset Management

5 Vendor Management

6 Server / Storage Support

7 Network/Telecom Support

8 Security Support

9 RCA & Service Improvement

10 Nationwide Presence

11 ISO certified for IT Services

Minimum Manpower

S.no. Particulars Minimum required

resource Location

1 Service Desk with technical support 3 Onsite

2 Asset Coordinator 1 Onsite

3 FMS Engineer 30 Onsite

4 Sr. FMS Engineer 2 Onsite

5 LAN Support 3 Onsite

6 L1/L2 Network/Telecom Admin 9 Onsite

7 L1/L2 Server/Storage /DBA / Backup Admin

7 Onsite

Note: The above count is indicative and minimum required resource anyway bidder needs to check and provide resource to keep the IT services up and running as per the service levels and criticality.

Service Level Agreement The purpose of this SLA is to clearly define the levels of service to be provided by Supplier to Purchaser for the duration of this contract or until this SLA has been amended. The benefits of this SLA are to:

1. Trigger a process that applies Purchaser and Supplier management attention to some aspect of performance only when that aspect drops below an agreed upon threshold, or target.



2. Makes explicit the performance related expectations on performance required by the Purchaser 3. Assist the Purchaser to control levels and performance of services provided by Supplier 4. This SLA is between Supplier and Purchaser.

Duration of SLA

This Service level agreement would be valid for entire period of contract. This SLA may be reviewed and revised t imely as per SLA Change Control described later in this document.

Service Level Agreements & Targets

This section is agreed to by Purchaser and Supplier as the key supplier performance indicator for this engagement. The following section reflects the measurements to be used to track and report systems performance on a regular basis. The targets shown in the following tables are for the period of contact or its revision whichever is later.

Table 2: Service Level Chart

Service Parameter Service

Level

Validation Penalty

Helpdesk Resolution of ticket logged as per the Severity definition chart

99% Reports Generated from Ticket logging system

95%‐99% calls resolved inspecified time: 2% penalty on the monthly FMS charges

90% ‐ 95% calls resolved in specified time: 5% penalty on the monthly FMS charges

Asset / Inventory Management

Provide Monthly MIS Asset Inventory

95% Report 0.2% of monthly FMS charges

Conduct Annual Physical Asset verification

100% Management approval of Physical Asset Verification report

0.5% of Yearly FMS charges



Supplier Management Services

Evaluation of Supplier Performance on quarterly basis

100% Management approval of Supplier Performance evaluation report

0.5 % of Quarterly FMS charges

Tracking of Supplier SLA & tickets logged with suppliers

95% Status of ticketslogged with Suppliers

0.5% of monthly FMS charges

Desk Side Technical support Services

Resolution of ticket logged as per the Severity definition chart


1% of monthly FMS charges

Antivirus Management

Rollout of latest anti‐virus definition file on work stations and Servers on being made available on Supplier's website

98% Reports Generated from Anti Virus software console


Network Monitoring & Management

SI to monitor the availabilityof the network link for 99% uptime. SI should measure link availability on a monthly basis.

99% Downtime reports

Reports on the Network performance

Penalty of 2% per monthwill be deducted from the monthly FMS charges of that utility, if the reports are not submitted by the SI. Important: A separate SLA will be signed with bandwidth provider.



Network Monitoring & Management

Resolution of ticket logged related to Networks



Data Centre Network Availability

99.80% Report • 2% of monthly FMS charges for less than 99.8%

Minimum of 99.8% uptime measured on a monthly basis

• 3% of monthly FMS charges for less than 98.0%

• 5 % of monthly FMS charges for less than 95%

Remote Offices Network Availability

98% Report • 2% of monthly FMS charges for less than 98%

Minimum of 98% uptimemeasured on a monthly basis

• 3% of monthly FMS charges for less than 97%


Data Centre Operations

MIS reporting on physical and environmental conditions controls

95% Report 0.2 % of monthly FMS charges

MIS reporting of healthcheckup of all systems & modules installed

95% Report 0.2 % of monthly FMS charges



Server Administration / Management

Rollout of patches (OS, infralevel) on workstations and Servers after patch being approved on test environment

98% Patch update report

0.5% of monthly FMS charges

Uptime of app servers 99.80% Report • 2% of monthly FMS charges for less than 99.8%



Uptime of servers 99.8% Report • 2% of monthly FMS charges for less than 99.8%



Database Administration services

MIS report of databasescheme, disk space, storage and user role

99% Report 0.5% of monthly FMS charges

Backup/Restore Management

The bidder should take backup as per the backup schedule defined by utility

99% Report If the negligence is found in monthly audit, the Bidder would be penalized a sum of Rs. 5,000/‐ per negligence.



Utility would periodically(once a six months on a random day) request the bidder to restore the backup data

100% Report Rs 5000/‐ for every restore test failure

Resource Management

Number of shift days for which resource present at the designated location / Total number of shift days

98% averaged over all resources designated for SI services ‐ calculated on a monthly basis

•Attendance track

• Call Log

• Audit calls/ Visits Measured on a monthly basis

If the resource availabilityis less than 95%, then payment shall be deducted based on the pro‐ rata basis. (Total FMS cost per day divided by nos. of persons deployed) Further deduction Rs.2,000/‐ per day per engineer/shall also be made on account of loss of Utility/ Services

Resource Management

Resource provided is not asper specified certification / experiences

100% of the resource given

Experience Certificate of FMS personnel submitted by Supplier to Utility

Per day deduction = 0.5 * (Monthly value for that manpower as per SOR) / 30

Note: The total cumulative penalty shall not exceed 10% of the monthly billing value.

Uptime Calculation for the month:

{[(Actual Uptime + Scheduled Downtime) / Total No. of Hours in a Month] x 100}

"Actual Uptime" means, of the Total Hours, the aggregate number of hours in any month during which each equipment, is actually available for use.

"Scheduled Downtime" means the aggregate number of hours in any month during which each equipment, is down during total Hours, due to preventive maintenance, scheduled maintenance,



infrastructure problems or any other situation which is not attributable to Supplier‘s (or Service provider's) failure to exercise due care in performing Supplier‘s responsibilities.

The Purchaser would provide a maximum of 04 hours of planned downtime for the preventive maintenance (as part of scheduled downtime) per month per equipment/service.

The downtime for scheduled maintenance (patch application, upgrades – OS, Database, etc.) would need to be mutually agreed between Utility and the Bidder. To reduce this time, various maintenance activities can be clubbed together with proper planning.

"Total Hours” means the total hours over the measurement period i.e. one month (24 * number of days in the month).

Downtime Calculation:

The recording of downtime shall commence at the time of registering the call with Supplier or Service Provider for any downtime situation for the equipment.

Downtime shall end when the problem is rectified and the application/ service is available to the user.

Down time will not be considered for following:

1. Pre‐scheduled preventive maintenance and health checks (Scheduled Downtime). 2. Failover time (30 minutes) in case of cluster environment. Beyond which the service would be

considered to be not available and appropriate penalty shall be imposed on the Supplier. 3. Bug in any application which causes the non‐availability of the service.

If the utility elects to continue the operation of the machine / equipment, when a part of the machine is giving problem and leading to downtime, the commencement of downtime shall be deferred until the utility releases the machine / equipment to the Bidder for remedial action.

Breach of SLA

In case the bidder does not meet the service levels mentioned a s p e r a b o v e t a b l e , for three (3) continuous time‐periods as specified in the relevant clause, the Purchaser will treat it as a case of breach of Service Level Agreement. The following steps will be taken in such a case:‐

1. Purchaser issues a show cause notice to the Supplier.

2. Supplier should reply to the notice within three working days.

3. If the Purchaser authorities are not satisfied with the reply, the Purchaser will initiate termination process as per termination clause.

Exclusions

The Supplier will be exempted from any delays or slippages on SLA parameters arising out of following reasons:‐



1. Delay in execution due to delay (in approval, review etc) from Purchaser‘s side. Any such delays will be notified in written to the IT Team.

2. The network links will be provided by a third party and the Supplier will monitor and report any problems on behalf of third party. If Supplier notifies and Purchaser approves that the delay or fault was due to the third party link services then such loss will not be considered for tracking Supplier‘s SLA parameters (Also reduced from total service time).

Monitoring and Auditing

IT Team of Purchaser will review the performance of Supplier against the SLA parameters each month, or at any periodicity d e f i n e d in the contract document. The review / audit report will form basis of any action relating to imposing penalty or breach of contract. Any such review /Audit can be scheduled or unscheduled. The results will be shared with the Supplier as soon as possible. Purchaser reserves the right to appoint a third‐party auditor to validate the SLA.

Reporting Procedures

The Supplier‘s representative will prepare and distribute SLA performance reports in an agreed upon format by the 10th working day of subsequent month of the reporting period. The r e p o r t s w i l l include ―actual versus target. SLA performance, a variance analysis and discussion of appropriate issues or significant events. Performance reports will be distributed to the Purchaser‘s IT Team.

Issue Management Procedures

a) General

This process provides an appropriate management structure for the orderly consideration and resolution of business and operational issues in the event that quick consensus is not reached between Purchaser and Supplier. It is expected that this pre‐defined process will only be used on an exception basis if issues are not resolved at lower management levels.

b) Issue Management Process

Either Purchaser or Supplier may raise an issue by documenting the business or technical problem, which presents a reasonably objective summary of both points of view and identifies specific points of disagreement with possible solutions.

• Purchaser a n d the Supplier‘s r e p r e s e n t a t i v e w i l l determine w h i c h committee or executive level should logically be involved in resolution.

• A meeting or conference call will be conducted to resolve the issue in a timely manner. The documented issues will be d i s t r i b u t e d to t h e p a r t i c i p a n t s at least 24 hours prior to the discussion if the issue is not an emergency requiring immediate attention.

• Management of Purchaser and Supplier will develop a temporary, if needed, a n d t h e permanent s o l u t i o n f o r the problem a t hand. The Supp l i e r will then communicate t h e resolution to all interested parties.

• In the event a significant business issue is still unresolved, the arbitration procedures described in the Contract will be used.



SLA Change Control

a) General

It is acknowledged that this SLA may change as Purchaser‘s business needs evolve over the course of the contract period. As such, this document also defines the following management procedures:

1. A process for negotiating changes to the SLA. 2. An issue management process for documenting and resolving particularly difficult

issues. 3. Purchaser and Supplier management escalation process to be used in the event that an

issue is not being resolved in a timely manner.

Any changes to the levels of service provided during the term of this agreement will be requested, documented and negotiated in good faith by both parties. Either party can request a change. Changes will be documented a s an addendum to this document and consequently the contract.

b) SLA Change Process

Both the parties may amend this SLA by mutual agreement in accordance. Changes can be p r o p o s e d by either party. Normally the forum for negotiating SLA changes will be Purchaser‘s monthly review meetings.

c) Version Control

All negotiated SLA changes will require changing the version control number. As appropriate, minor changes may be accumulated for periodic release (e.g. every quarter) or for release when a critical threshold of change has occurred.

Management Escalation Procedures

The purpose of this escalation process is to provide a quick and orderly method of notifying both parties that an issue is not being successfully resolved at the lowest possible management level. Implementing this procedure ensures that purchaser and Supplier management are communicating at the appropriate levels. Escalation should take place on an exception basis and only if successful issue resolution cannot be achieved in a reasonable time frame.

1. All issues would be raised to the project management team, which is completely responsible for the day to day aspects of the implementation. The project management team shall classify the issues based on their severity level and resolve them within appropriate timelines.

2. If project management team is unable to resolve an issue, the issue would be escalated to the top management with options/ risks detailed for decision. Top management will make decisions based on the options/ risks presented by the IT team.

Termination Process: BRPL reserve the rights to terminate the FMS contract on the basis of non‐performance of the FMS vendor for continuous 3 months with a notice period of 3 months.



SECTION – III:

TERMS AND CONDITIONS 1.0 Definitions: 1.1.1 "Establishment" means BRPL, being the location at which the Agency shall provide supply / Service/ Supply s, hereafter termed as BRPL 1.2 Interpretation: 1.2.1 The descriptive headings of Clauses are inserted solely for convenience of references and not intended as complete or accurate description of content thereof and shall not be used to interpret the provisions of this Service/ Supply / Supply contract and, 1.2.2 The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Service/ Supply / Supply Contract to any person or persons or circumstances except as the context otherwise permits. 1.2.3 References to the word "include" or "including" shall be construed without limitation; 1.2.4 The Appendices annexed to this Service/ Supply / Supply Contract form an integral part of this Service/ Supply Contract and will be of full force and effect as though they were expressly set out in the body of the Service/ Supply Contract; 1.2.5 Reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re‐enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision; 1.2.6 The terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire Contract;

2.0 Contract Value: The contract value shall remain firm during the entire contract period. The contract period may be extended based on company's performance. Any further requirement of security will be paid based on the rate finalized by us for existing requirement. 3.0 Payment Terms: 3.1 Payment for works 3.1.1) 100% payment against completion of work on monthly basis and paid within 30 days on submission of bills duly certified by Engineer‐In‐Charge and submission at Vendor Support Cell. 3.1.2) 10% of payment would be retained for security deposit which would be released after 38 months after the completion of the project or on Submission of equivalent bank guarantee. 4.0 Taxes and Duties: 4.1 Rates are inclusive of all taxes & duties excluding Service/ Supply tax, which shall be reimbursed as per the prevailing rates on submission of all relevant documents to the Officer in Charge. 4.2 All payments made by The Company to the Agency shall be subject to tax deducted at source. The Company shall provide the Agency the TDS Certificates within 30 days from the date of its deduction. 4.3 The Agency shall be responsible for due payment of all taxes, levies, charges and expenses with respect to or arising out of the performance of this Service/ Supply Contract. The Agency shall submit to the Company



true copies of receipts / challans of all such taxes paid within 10 days of making such payments for records of the Company. 4.4 The Contract Order is based on existing state level VAT, CST, Excise Duty and Service/ Supply Tax etc as may be applicable to the Agency. If GST, at both the Central Level and at State Levels is introduced in the coming future, net impact will be claimed by us at source subject to verification for all transactions effected by the Vendor after the effective date of introduction of such GST 5.0) TENDER RATES & PRICES ALL INCLUSIVE: 5.1) the prices/rates quoted for each item/work in the BOQ shall be inclusive of all direct and indirect costs, insurances, statutory charges, statutory fees, royalties; taxes on quarried items, duties, only Service/ Supply tax shall be shown separately. i.e. sales tax, consignment tax, octroi / local tax, incidental charges, cost of complying to other local authorities etc., and any other costs that may be involved in completing the works as required, fulfillment of all obligations under the Contract and to the satisfaction of the Company. 5.2) the rates quoted for each item/work in the BOQ by the Contractor shall remain firm until the successful completion of the Contract as certified by the Engineer In Charge including any extension (s) of time that may have been granted to the contractor under the scope of this Contract and shall not be subject to escalation on any account. The rates quoted for each item/work in the BOQ shall be deemed to include and cover all cost, expenses and liabilities to every description and all risk of every kind to be taken in executing, completing and handing over the work to the satisfaction of the Company. 5.3) The Contractor shall on his own and at his own expense obtain all necessary permits and permissions to execute the job, including required registrations, Agent’s etc. To perform its obligation under this Contract and shall indemnify the Company in all related matters. 6.0) MATERIALS & WORKMANSHIP: 6.1) Quality Assurance Programme: The Contractor before the start of work shall submit for approval a quality assurance programme to the EIC indicating measures that he proposes to implement to ensure that the quality of work shall be in accordance with requirements, specifications laid down in the Contract. The Contractor shall strictly adhere to this programme and any failure attributable to the Contractor shall attract the penal provisions determined by the EIC. 6.2) Quality of materials and workmanship and tests: 6.3) The Contractor shall procure all the equipments from genius sources as approved by the company and as

per company specification. 6.3) Cost of samples and tests: All samples shall be supplied to Company if required by the Contractor at his own cost. Cost of tests required by the EIC shall be borne by the Contractor and are deemed to be included in the unit rates quoted in the BOQ. The Contractor shall take approval of the EIC prior to start the work for all samples of materials including mix design of concrete to be utilized for the works to be executed. The mix design of concrete, testing of reinforcement steel and structural steel shall be carried out by an external agency approved by the Company. The cost of such tests carried out by the external agencies or consultants shall be borne by the Contractor at his own cost. 6.4) Inspection of operations: The Engineer‐in‐Charge or any person authorized by them shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access.



6.5) Examination of work before covering up: No work shall be covered up or put out of view without the approval of the EIC or his representative and the Contractor shall afford full opportunity to the EIC or his representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. The Contractor shall give due notice to the EIC or his representative whenever any such work or foundations is or are ready or about to be ready for examination and the EIC or his representative shall, without unreasonable delay, unless he considers it unnecessary, attend for the purpose of the examining such foundations. 7.0 Modification of Service/ Supply s: The company may at its sole discretion modify all or any portion of the Service/ Supply s by providing notice in writing to the Agency of not less than two (2) days specifying the extent to which performance of Service/ Supply s is modified and the date upon which the same will be effective. Upon receipt of any such notice, the Agency shall, unless the notice requires otherwise promptly and to the extent specified in the notice carry on the Service/ Supply s as modified.

8.0 Dispute Resolution Mechanism: 8.1 Notwithstanding anything contained in this Service/ Supply Contract, all questions, disputes or difference whatsoever, between the parties to the Service/ Supply Contract, arising out of or relating to the meaning and operation or interpretation of provision of the Service/ Supply Contract or matters related thereto whether during the currency of the Service/ Supply Contract, or its failure or after the completion of the Service/ Supply Contract shall be settled by a Sole Arbitrator to be nominated and appointed by the Company. The place of arbitration shall be at New Delhi. The arbitration will be conducted as per the provision of Arbitration & conciliation Act 1996. 8.2 There will be no objection by the Agency to the appointment of an arbitrator that the arbitrator is past/present employee of BRPL. The award of the Arbitrator shall be final and binding on the parties to the Service/ Supply Contract. 8.3 Notwithstanding the commencement or continuance of the arbitration, the Parties shall continue performance of the Service/ Supply Contract with due diligence. The Company reserves the right to withhold all payments under this Service/ Supply Contract during the pendency of the dispute. 8.4 The courts at Delhi will have the jurisdiction with respect to this contract. 9.0 Representations and Warranty & Indemnity: A. Representations and Warranty The Agency hereby represents and warrants that: i) It is a legally recognized entity under the laws of India and is registered under the VAT / CST/ Service/ Supply Tax Act and shall furnish the relevant documents on demand; ii) The Work Order contains valid and binding obligations and is enforceable in accordance with the terms hereof;



iii) It has studied the feasibility, Establishment conditions and other prevailing conditions and all other operational details and based on these studies carried out, has agreed to provide to the Company the Service/ Supply s as contemplated in this Work Order. iv.) It has appraised itself of all applicable rules and regulations, and shall at all times comply with such rules and regulations; v.) It shall procure suitable materials and manpower for the purposes of this Work Order to render Service/ Supply s as per the contract. vi.) The Service/ Supply s shall be conducted in a safe and efficient manner at the Establishment and at all times in compliance with good industry practices and requirements of BRPL, and in any event, in accordance with the Schedules to this Order; vii.) It shall procure all consents, licenses, permits, approvals and certificates and authorizations as may be required from any governmental authority for the due and proper performance of Service/ Supply s; viii.) It shall duly pay the duties, taxes and levies as are set out in this Work Order, which are to be paid by the Agency.; ix.) There is no action, suit or proceeding, at law or in equity, or to the best of its knowledge, any official investigation before or by any governmental authority, arbitration tribunal or other body pending or, to the best of its knowledge, threatened against or affecting it or Any of its property, rights or assets, which could reasonably be expected to result in a material adverse effect on its ability to perform its obligations under this Work Order or on the validity or enforceability of this Work Order B. Indemnity: The Agency shall keep BRPL indemnified at all times, against all claims, losses, damages or liability that may arise under this Work Order (whether criminal or civil and including legal fees and costs incurred), including i.) Resulting from a breach of this Work Order by Agency including any act, neglect or default of its manpower; ii.) Resulting from any breaches in respect of any matter arising from the provisions of Service/ Supply s resulting in any successful claim by any third party; iii.) Claims for compensation under the provisions of Workmen Compensation Act 1923 as amended from time to time or any compensation payable under any other law for the time being in force to any workman / employees or staff engaged by the Agency in carrying out the Service/ Supply s and against costs and expenses, if any, incurred by BRPL in connection therewith. The indemnities provided under this Clause are without prejudice and in addition to BRPL s rights to make any recovery whatsoever under this Work Order, with or without invoking the indemnity provisions. 10.0) MOBILIZATION:



The Contractor shall have to mobilize their Plants & Equipments, Tools & Tackles, Work Labour Force, project team including Engineering Staff and materials required for execution of work within seven days (7) of receipt of LOI or Work Order whichever is earlier. 11.0) DEFECT LIABILITY PERIOD: The defects liability period shall be 12 (Twelve) calendar months from the date of the successful completion of the contract as certified by the EIC including any extension (s) of time that may have been granted to the Contractor under the scope of this Contract. In case any defect in the work is observed during the defect liability period, the same shall be rectified by the Contractor at own cost including supply of all materials (as per prevailing rates), labour, equipments and any other appliance in this regards for the fulfillment of all obligations under the Contract and to the satisfaction of the Company. 12.0) DAMAGE OF PRIVATE PROPERTIES / LIFE: The Contractor shall be responsible for all risk to the works to be performed under its obligation under the Contract and for trespassers, and shall make good at his own expenses all losses and damages whether to the works, themselves, or to any other property of the company or the lives, persons or property of other forms, whatsoever cause, in connection with the works, although all reasonable and proper precautions may have been taken by the contractor, and in case Company is called upon to make good any such costs, loss or damages or to pay compensation to any person(s) sustaining damages by reason of any act, or any negligence or omission on the part of the Contractor, the amount of any costs or charges (including costs and charges towards legal proceedings) which the Company may incur in reference thereto, shall be charged to the Contractor. The Contractor shall reimburse such costs immediately to the Company. 13.0) APPROACHES: The Contractor shall have to make his own arrangements for all approaches to the site required for transporting his men and material to site of work. The Company shall entertain no payment or claims on account of “Making of Approaches”. 14.0) SITE OFFICE AND SITE FACILITIES: The Contractor shall also make his own arrangement for the accommodation/conveyance requirements for its staff. He shall be provided at site the adequate open space for construction of site store for storing the materials, tools, tackles etc. The entire Contractor’s storage will be within the site premises in a manner affording convenient access for identification and inspection at all times. The storage of arrangements shall be subject to IS: 4082. All the incoming and outgoing materials, equipment, tools, tackles and any other items related to said work shall be entered into the register kept for this purpose and shall be in the safe custody of Contractor, however company does not hold any responsibility for any loss or damage caused to Contractor's material etc. 14.1) The Contractor shall strictly control the labour so that the site is not polluted, made dirty or littered with debris, wastes or the likes. 14.2) Any person, labour found creating mess or litter or pollution shall be removed from the site immediately at the Contractors cost and shall also be subject to penalty at the discretion of the EIC. 14.3) Water & Power:



Water and Electricity Power shall be arranged by the Contractor at his own. Water for construction and other uses: It shall be the responsibility of the Contractor to make arrangements at his own expense for supply of water for construction and other uses. The Contractor shall also install pumps, construct temporary storage tanks and distribute the water to various points in works Site as required. The Contractor at his own expense shall make arrangement for operating and maintaining pumps & distribution lines, connections, which are installed by him for water. 14.4) Watching & Lighting: The Contractor shall in connection with the works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary for the protection of works, or for the safety and convenience of the public or others. The care, housekeeping and safety of the materials and works within the works site shall be sole responsibility of the Contractor. 15.0 ) TIME & COMPLETION PERIOD: Time is the essence of this Project and the Project shall be completed within contract period from the date of issue of Letter of Intent or Work Order whichever is earlier, including mobilization period and monsoon. The Contractor shall within 7 (seven) days of the issue of letter of intent or work order whichever is earlier provide a detailed execution program regarding the Project taking into account the following including restricted working hours due to residential area for the approval of the Company: The Contractor shall carryout the works as per the approved schedule / program of work. 16 .0) EXTENSION OF TIME LIMIT & TIME OVER RUN: If delay is not attributable to the Contractor, the extension of time may be considered at the discretion of the Company without prejudice to the right of the Company for recovery of liquidated damages. This is also subject to the Contractor having taken sufficient precautions to mitigate the delay and submitted to the Company a full‐detailed particular of any extension of time to which he may consider himself entitled within 10 days after such work has been commenced or such circumstances have arisen. The extension of time may be granted and without any financial increment in the contract price to the Company. 17.0) RELEASE OF INFORMATION AND CONFIDENTIALITY: The Contractor shall not communicate or use in advertising, publicity, sales release or in any medium photograph or reproduction of the works under this contract, or description of the site, dimensions, quantity or any other information concerning the works unless prior written permission is obtained by Company. The Contractor shall keep all the information obtained directly or indirectly through appointment of this contract confidential and shall not reveal the same to any other party without the prior written permission of the Company. The technical information, drawing and other related documents forming part of order and the information obtained during the course of execution under this order shall be the Company’s exclusive property and shall not be used for any other purpose except for the execution of the order. The technical information drawing, records and other document shall not be copied, transferred, or divulged and/or disclosed to third party in full/part, not misused in any form whatsoever except to the extent for the execution of this order. This technical information, drawing and other related documents shall be returned to the Company with all approved copies and duplicates including drawing/plans as are prepared by the Contactor during the executions of this order, if any, immediately after they have been used for agreed purpose. In the event of any breach of this provision, the contractor shall indemnify the Company against any loss, cost or damage or claim by any party in respect of such breach. 18.0) SITE REPRESENTATIVE, SITE SUPERVISION AND ADVANCE INTIMATION:



18.1) The Contractor shall have to appoint and authorize a Site In Charge/ Project Manager (PM) along with its project team, who shall be available always at site till the completion of the contract as certified by the Company’s Engineer In Charge (EIC). 18.2) The Contractor shall be responsible for supervising the works by employing competent and experienced engineers and OEM support teams to inspect the work and check the quality of work to ensure that the work is carried out in accordance with the drawings, specifications and instructions of the EIC. Such inspection and supervision shall not relieve the Contractor from any of his obligations towards use of material, workmanship, sequence of working and completion of project as per the stipulated period. 18.3) On receipt of the LOI or Work Order whichever is earlier the Contractor shall furnish to the Company, for approval, the proposed site setup with list of Engineers, Supervisors and other staff to be deployed by him with their dates of joining. 18.4) The Contractor’s Project Manager shall obtain the written approval and instructions from the EIC prior to commencement of any works at site. The PM shall give written advance intimation for approval of all activities including deployment of resources, procurement of materials, concrete pours etc., shall be given to EIC by PM. 19.0) AWARD/ SUBLETTING OF CONTRACT: The Company reserves the right to reduce/ award consolidated order or separate orders for one or more parts against above work. The Contractor will not be permitted to sublet his job in whole or Part without the prior written permission of the Company. The Contractor shall submit to the Company a list of Sub‐ Contractor, suppliers (not less than three names) for the approval of the Company. The Company may approve all or any of the names or reject all names, which in his opinion do not meet the prerequisite qualifications. The Contractor shall re‐submit a fresh list of names for approval. Further in the event that none of the names submitted by the contractor are acceptable to the Company, the Company may suggest names to the Contractor and it shall be binding upon the Contractor to accept the names suggested. 20.0) SITE LOCATION: The Contractor must see the site of the work, surrounding locality, local traffic rules, site approaches etc. Carefully. No claim of any sort shall be entertained on account of any site conditions. If any approach from main road is required or existing approach is to be improved and maintained, for cartage and materials by the contractor, the same shall be provided, improved and maintained by him at his own cost. 20.0) SAFETY REGULATIONS: 20.1) The Contractor shall ensure adequate safely precautions at site as required under the law of the land and shall be entirely responsible for the complete safety of their workmen as well as other workers at site and premises. 20.2) The Contractor shall indemnify the Company from any consequence arising due to contractor’s failure in respect to safety compliance. 20.3) First Aid facilities at easily accessible place shall be provided by the Contractor at his own cost as per provisions of Labour act or as advised by the Company wherever works are carried out. 20.4) All critical injuries shall be reported promptly to the Company. The report shall cover type, nature, cause, physician’s report and actions for prevention of those types again. 20.5) To ensure effective enforcement of the rules and regulations relating to safety precautions, arrangements made by the Contractor shall be open to inspection by the Company. 20.6) The cost so incurred by the Contractor in providing for safety standards and requirements as above shall be deemed to be included in the rates quoted for various items under the scope of Contract and no extra amounts shall be payable to the contractor on this account.



20.7) The Contractor shall furnish to the Company within seven days from issue of LOI or Work Order whichever is earlier, for approval of Company, the proposed safety programme on how it intends to implement the safety procedures and precautions to ensure that the site is accident free. 21.0) CO‐ORDINATION WITH OTHER AGENCIES: The Contractor shall execute the work in strict consultation with the Company and in co‐ordination with other agencies appointed by the Company who will also simultaneously execute the components of work allotted to them. 22.0) MAINTENANCE OF WORK: The Contractor shall maintain in perfect condition all works executed till the completion of the entire work allotted to him. Where phased handing‐over of completed portion of the work is required, the provisions mentioned herein will apply to each phase. 23.0) TESTING OF MATERIALS: All materials received at site shall be accompanied by the Test certificate of the manufacturer. The Engineer‐In‐Charge reserves the right to instruct any material to be further tested in an approved laboratory for which the Contractor shall make no additional claims. Where ever test requirements are not specified in the specifications relevant IS code of practice shall govern. 24.0) STATUTORY OBLIGATIONS: The Contractor shall take all steps as may be necessary to comply with the various applicable laws/rules including the provisions of contract labour (Regulation & Abolition Act) 1970 as amended, Minimum wages Act, 1984, Workman Compensation Act, ESI Act, PF Act, Bonus Act and all other applicable laws and rules framed there under including any statutory approval required from the Central/State Governments, Ministry of Labour. Contractor is liable for registration of the Construction Workers (Regulation of Employment and Conditions of Service/ Supply ) Act, 1996 and the rules framed there under with the Delhi Building and other Construction Workers Welfare Board. Broadly, the compliance shall be as detailed in ANNEXURE I enclosed. Before issue of Work order it would be mandatory for the Contractor to furnish the company the permanent PF code no, ESI registration, registration under W.C.T Act. 25.0) MEASUREMENT OF WORK: Unless specifically mentioned elsewhere, the work shall be measured for payment as per the provisions of IS 1200. 26.0) ENVIRONMENTAL, HEALTH & SAFETY PLAN: Contractor will ensure that the Environment, Health & Safety (EHS) requirements are clearly understood and faithfully implemented at all levels at site as per instruction of Company. Contractors must comply with these requirements: a) Comply with all of the elements of the EHS Plan and any regulations applicable to the work. b) Comply with the procedures provided in the interests of Environment, Health and Safety. c) Ensure that all of their employees designated to work are properly trained and competent. d) Ensure that all plant and equipment they bring on to site has been inspected and Service/ Supply d in accordance with legal requirement and manufacturer's or suppliers' instructions. e) Make arrangements to ensure that all employees designated to work on or visit the site present themselves for site induction prior to commencement of work. f) Provide details of any hazardous substances to be brought onsite. g) Ensure that a responsible person accompanies any of their visitors to site. All Contractor/workers are accountable for the following: 1. Use the correct tools and equipment for the job and use safety equipment and Protective clothing supplied, e.g. helmets, goggles, ear protection, etc. as instructed. 2. Keep tools in good condition.



3. Report to the Supervisor any unsafe or unhealthy condition or any defects in plant or equipment. 4. Develop a concern for safety for themselves and for others. 5. Prohibit horseplay. 6. Not to operate any item of plant unless they have been specifically trained and are authorized to do so. 27.0) GENERAL CONDITIONS: 27.1) No idle labour charges will be admissible in the event of any suspension of work by the Company or stoppage caused in the work resulting in contractors’ labour or equipments being rendered idle due to any cause at any time. 27.2) The LOI followed by Work Order shall supersede all other correspondence and conditions of contract if furnished earlier in the event of any ambiguity. 27.3) If the Contractor needs to carry out any work or rework due to change in drawings or structural consultants instructions, the Contractor shall take the prior permission of the Company/ EIC before commencing such works. The Contractors quoted price shall include such rework or incidentals due to quantity variation, or methodology to carry out the works, wherever required and shall not be entitled for any extra payment or extension of time. 27.4) The Company reserves the right to claim and recover from the security deposit the damages/ losses incurred due to non‐compliance to work delay in the progress of work by the Contractor as agreed upon. The decision of the Company in this regard shall be final and binding. 27.5) The Contractor agrees to abide by other terms and conditions stipulated by the Company from time to time in addition to the above for the proper and satisfactory performance of their obligations under this Contract. 28.0) INSURANCE: The Contractor at its own cost shall also arrange, secure and maintain the following insurance covers: ‐ 28.1) WORKMEN COMPENSATION: The Contactor shall take insurance policy under the Workman Compensation Act to cover such workers, who are not covered under ESI and PF by the Contractor however engaged to undertake the jobs covered under this order and a copy of this insurance policy will be given to Engineer‐In‐Charge. This insurance policy shall be kept valid at all times. In case there are no workers involved other than those who are covered under ESI and PF by the Contractor, the Contractor shall certify for the same. The Contractor shall keep the Company indemnified at all times, against all claims of compensation under the provisions of Workmen Compensation Act 1923 and as amended from time to time or any compensation payable under any other law for the time being workman engaged by the Contactor/sub‐Contactor/sub‐agent in carrying out the job involved under this order and against costs and expenses, if any, incurred by the Company in connection therewith and without prejudice to make any recovery. The Company shall be entitled to deduct any money due to or to become due to the Contractor, money paid or payable by way of compensation as aforesaid or cost or expenses in connection with any claims thereto and the Contactor shall abide by the decision of the Company as to the sum payable by the Contactor under the provisions of this clause. 29.0) THIRD PARTY INSURANCE Before commencing the execution of the work the Contractor shall insure against any damage or loss or injury which may occur to any property or to any person or any employee or representative of any outside Agency/Company engaged or not engaged for the work of the Company, by or arising out the execution of the permanent work or temporary work or in carrying out of this work order. 30.0) TERMINATION OF CONTRACT: If in case the Contractor; a) becomes bankrupt or insolvent, has a receiving order issued against it compounds with its creditors, or if the Contractor is a corporation a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction) a receiver is appointed over any part of its undertaking or assets or if the Contractor takes or suffers any other analogous action in consequence of debt.



b) Assigns or transfers the Contract or any right or interest therein in violation of the provision of given work to sub‐contractor. c) In the judgment of the Company, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this Sub‐clause “Corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in Contract execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract to the detriment of Company and includes collusive practice among tenderers (prior to or after bid submission) designed to establish bid prices at artificial non‐competitive levels and to deprive the Purchaser of the benefits of free and open competition. d) Has abandoned or repudiated the Contract e) Has without valid reason failed to commence work on the Facilities promptly or has suspended days after receiving a written instruction from the Company to proceed. f) Persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause. g) Refuses or is unable to provide sufficient materials Service/ Supply s or labour to execute and complete the Facilities in the manner specified in the program furnished and at rate of progress that give reasonable assurance to the Company that the Contractor can attain completion of the Facilities by the time for completion. Then Company may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice then Company may terminate the Contract forthwith by giving a notice of termination to the Contractor. In case, Contractor fails to carry out the work as specified in the schedule or left in between, it will be got done through any other agency at contractors’ risk and cost, the same shall be recovered from the amount payable to the Contractor. In case the Contractor fails to start work / to carry out the work within the specified period i.e. mutually agreed schedule and the work is not found to be satisfactory, the Company reserves the right to terminate the contract, at any stage without assigning any reasons thereof. In such case the Company shall have the right to forfeit the entire / part amount of EMD / Security Deposit. 31.0) SETTLEMENT OF DISPUTES/ ARBITRATION: 31.1) To the best of their ability, the parties hereto shall endeavor to resolve amicably between themselves all disputes arising in connection with this work order. If the same remain unresolved within thirty (30) days of the matter being raised by either party, either party may refer the dispute for settlement by arbitration. The arbitration to be undertaken by two arbitrators, one each to be appointed by either party. The arbitrators appointed by both the parties shall mutually nominate a person to act as umpire before entering upon the reference in the event of a difference between the two arbitrators and the award of the said umpire in such a contingency shall be final and binding upon the parties. The arbitration proceeding shall be conducted in accordance with this provisions of the Indian Arbitration & Conciliation Act, 1996 and the venue of such arbitration shall be city of New Delhi only. 32.0) QUANTITIES IN THE BOQ: Company reserves the right of deletion of any item in full or in part or to reduce, increase or to modify the Scope of Work. The rates quoted by the Contractor shall remain firm even if there are any variations in the quantities mentioned in the Bill of Quantities, or due to any idling of resources due to non availability of fronts, details, etc.



33.0) VARIATIONS AND EXTRA ITEMS 33.1) The Contractor shall carry out and complete the works in every respect in accordance with this Contract and In accordance with the directions and to the satisfaction of the Engineer in charge. 33.2) The Engineer In Charge may, at his discretion, from time to time, issue further drawings and/ or written instructions, details, directions and explanations which are herein after referred to as “EIC’s Instructions” in regard to: a) The variation or modification of the design, quality, specification or quantity of works or the omission or substitution of any work. b) The timing or sequencing of work. c) Any discrepancy between the drawing and / or the Bill of Quantities and / or Specifications.

d) The removal from the site of any materials/ equipment/ resources brought thereon by the Contractor and the substitution of the same thereof. e) The Execution of additional works of any kind necessary for the completion of the work. f) The removal and /or re‐execution of any works executed by the Contractor. g) The substitution from the site of the works of any person employed there upon. h) The amending and making good of any defects under clause “Defects Liability” i) The opening up for inspection of any work covered up. j) Changes in lines, levels, positions and dimensions of any part of the Work. 33.3) The Contractor shall forthwith comply with and duly execute any work comprised in such EIC’s instructions provided always that verbal instructions, directions and explanations given to the Contractor or his supervisor upon the works by the Engineer In Charge shall if involving a variation be confirmed in writing by the Contractor within seven days and the Engineer in charge’s written approval is obtained. 33.4) If compliance with the Engineer In Charge’s Instructions as aforesaid involves work beyond that contemplated by the Contract, then unless the same were issued owing to some breach of this Contract by the Contractor, the EIC shall pay to the Contractor the cost of the said work as an extra to be valued and as hereinafter provided. 33.5) No such variation shall in any way vitiate or invalidate the Contract but the value, if any, of all such variations shall be taken into account in ascertaining the amount of the final certification. 33.6) No such variations shall be carried out by the Contractor without instructions, in writing from the Engineer in charge. Provided that no instructions in writing shall be required for increase or decrease in the quantity of any work where such increase or decrease is not the result of an instruction given under this clause, but is the result of the quantities exceeding or being less than those stated in the Bill of Quantities. If the Engineer in charge shall consider it desirable to give any instructions verbally, the Contractor shall comply with such an instruction and any confirmation in writing of such verbal instruction given by the Engineer in charge whether before or after the carrying out of such work, shall be deemed to be an instruction in writing within the meaning of this clause. Provided further that if the Contractor shall within 7 days confirm in writing to the Engineer in charge and such confirmation shall not be contradicted in writing within 30 days by the Engineer in charge, it shall be deemed to be an instruction in writing by the Engineer in charge. 33.7) all extra or additional work done on the instructions of the Engineer In Charge shall be valued at the rates and prices set out in the Contract. If the Contract does not contain any rates or prices applicable to the extra or additional work, then suitable rates or prices shall be agreed upon between Company and the Contractor as per the following, in the order of preference: (i) The rate shall be derived from any one of the quoted rates for similar items of work in the tender. (ii) In case similar items are not available in the tender, then rates shall be worked out as per the following: a) The direct cost of labour including indirect charges thereon. The labour components shall be computed wherever possible from the related BIS Codes and the quantity of materials to be based on consumption factor



as per standard norms or as accepted by the EIC. b) The material cost inclusive of taxes, levies, fees, duties etc. as delivered to the site. Proof of cost in form of invoices to be submitted along with the extra work claims & other working documents.

c) The Plant & Equipment cost inclusive of hire charges of plant & equipment and operational charges as per standard norms or as accepted by the EIC. d) In addition the Contractor shall be entitled to payment towards overheads and profit. 33.8) In cases where the items of works are not accepted as complete, or not fully in accordance with the Specification, the Engineer in Charge shall make payments of such items at such reduced rates, as he may consider reasonable in approval of Interim Bills and the Final Bill. 33.9) In all cases the Contractor shall furnish detailed Rate Analysis along with necessary details as and when required by the Engineer in Charge. The Engineer in Charge on establishing the validity of such claims shall certify the amount payable for such work and rates so determined shall be final and binding on the Contractor. 33.10) The quantities of the various kinds of work to be done and materials to be furnished under this Contract as listed in the Bill of Quantities are estimated and approximate only and shall be subject to re‐measurement upon completion. The Contractor shall make no claim for anticipated profits, for loss of profits or for damages because no work is ordered under certain items or because of a difference between the quantities of the various kinds of work to be done or materials actually delivered and the estimated quantities set forth in the Bill of Quantities. 33.11) The rate/ prices quoted by the Contractor in the Bills of Quantities shall be firm irrespective of any variation in the quantities of individual items of work and / or in the Total Contract Sum. 34.0) EXECUTION OF ADDITIONAL WORKS The Contractor shall be bound to carry out any items of work necessary for the completion of the works even though such items may not be part of his offer. Such work shall be instructed in writing by the Engineer in Charge and formal amendment to the work order. 35.0) FORCE MAJEURE If either Party is unable to carry out his obligations under this Contract due to an Act of God, war, riot, blockade, strike (i.e. national/ state or city), lockout, flood or earthquake or Government orders/ restrictions not within the control of the parties hereto which results in an inability, in spite of due diligence of either party in performing its obligation in time, this Contract shall remain effective, but the obligation which the affected party is unable to carry out shall be suspended for a period equal to the duration of the relevant circumstances provided that : a) The non‐performing party shall give the other Party prior written notice describing particulars of the inability including but not limited to the nature of occurrence with its expected duration and the steps which the non‐forming parties is taking to fulfill its obligation. b) Upon receipt of such notice the other party shall discuss the matter with the non‐ performing party with a view to helping the non‐performing party to fulfill its obligations. This clause does not envisage financial assistance. c) If in any event the Force Majeure situation continues for a period of three weeks both the parties shall meet again and discuss whether the Contract can be amended to overcome the Force Majeure situation so the Project can proceed further. Notwithstanding anything contained to the contrary it is clarified that economic hardship, non‐ availability of material, labour and transport shall not constitute Force Majeure. The overall responsibilities and obligations of the parties shall not be excused by reasons of Force Majeure situation. Not withstanding the



above if the Force Majeure continues for a period of three months or more in that event without prejudice to the rights of the parties, the Company shall have the right thereafter to terminate this contract. 36.0) INDEMNITY: Contractor shall indemnify and save harmless Company against and from any and all liabilities, claims, damages, losses or expenses arising due to or resulting from: 34.1) any breach non‐observance or non‐performance by contractor or its employees or agents of any of the provisions of this Contract. 34.2) any act or omission of contractor or its employees or agents. 34.3) any negligence or breach of duty on the part of contractor, its employees or agents including any wrongful use by it or them of any property or goods belonging to or by Company or any other third party at site including adjoining neighbors. 34.4) Contractor shall at all times indemnify Company against all liabilities to other persons, including employees or agents of Company or other contractors for bodily injury, damage to property or other loss which may arise out of or in consequence of the execution or completion of Project and against all costs charges and expenses that may arise.

Annexure ‐ I The Contractor must submit the following to Engineer‐In‐Charge before commencement of work: a) An IT/ Electrical license. (If applicable) b) PF Code No. and all employees to have PF A/c No. under PF every Act, 1952. c) All employees to have a temporary or permanent ESI Card as per ESI Act. d) ESI Registration No. e) PAN No. f) Work Contract Tax/VAT Registration Number. g) Labour License under Contract Labour Act (R & A) Act 1970 (All Engineer‐in‐charge responsible for execution of the job should obtain a copy of Labour License as per guidelines of HR department before start of the work by the contractor.) The Contractor must follow: a) Third party Insurance Policy before start of work. b) To follow Minimum Wages Act prevailing in the state. c) Salary/ Wages to be distributed in presence of representative of Company's representative not later than 7th of each month. d) To maintain Wage‐cum‐Attendance Register. e) To maintain First Aid Box at Site. f) Latest P.F. and E.S.I. challans pertaining to the period in which work was undertaken along with a certificate mentioning that P.F. and E.S.I. applicable to all the employees has been deducted and deposited with the Authorities within the time Limits specified under the respective Acts. g) Workman Compensation Policy. (If applicable) h) Labour license before start of work. (If applicable) 37.0 Liquidated Damages: 37.1 Agency shall ensure that the Service/ Supplys are carried out in accordance with the Terms and conditions of this Service/ Supply Contract. If the Service/ Supply s are not carried out to the satisfaction of BRPL, whose decision will be final and binding. In the event the supply is delayed beyond schedule, we shall levy penalty as mentioned above in Section ‐ II, further the Company reserves the right to terminate the Service/ Supply Contract & with immediate effect the Agency shall not be liable for any compensation under the Service/ Supply Contract.



BUYER may, without prejudice to any method of recovery, deduct the above amount from, any sum due or which may become due to the SELLER in this or any other contract or from the Performance Bond or file a claim against the SELLER.

37.2 The parties agree that the above amount is a reasonable estimate of the additional expenses required to be incurred by the Company due to the breach by Agency of the terms of this Service/ Supply Contract.

38.0 Notices: All notices, requests, consents, waivers or other communication required or permitted hereunder shall be in writing and in English and shall be deemed properly served: (i) if delivered by hand and received by an authorized employee or officer of the Party, (ii) 3 days after being given to a reputed courier with a reliable system for tracking delivery, (iii) upon receipt of confirmation receipt when sent by facsimile; or (iv) 14 days after the date of dispatch by certified or registered mail, postage prepaid, return receipt requested; (v) when sent by electronic mail. A Party may change its address and/or addressee for notification purposes at any time during the term hereof by intimating the other Party in advance by indicating the date on which such change will become effective. 39.0 Miscellaneous: 1.1 Assignment: This Service/ Supply Contract shall not be assigned either fully or in part by any Party hereto to any third party without the consent, in writing, of the other Party and only upon such terms as are mutually agreed by both the Parties hereto, except that the Company may, in whole or in part, assign this Work Order to its Affiliates, without the prior written consent of the Agency. In the event this Service/ Supply Contract is assigned under the terms of this Clause, the assignees of the respective Parties shall be bound by the terms and conditions of this Service/ Supply Contract and shall, if deemed necessary by the Parties at the time of such assignment, undertake in writing to be so bound by this Service/ Supply Contract. 1.2 Relationship between Parties: The Agency is serving as an independent Agency of the Company This Service/ Supply Contract creates no partnership, pooling or joint venture relationship between the parties, and no employment relationship between the Company and the employees, consultants, workmen or representatives assigned by Agency to perform the Service/ Supply s hereunder. 1.3 Entire Service/ Supply Contract: This Service/ Supply Contract, together with all attachments, shall constitute the entire understanding of the Parties concerning the subject matter hereof and shall supersede any and all prior oral or written representations, understandings or Service/ Supply Contracts relating thereto. 1.4 Amendment: No modifications, alterations, amendment or waivers of any provisions herein contained shall be binding on the Parties hereto unless evidenced in writing signed by duly authorized representatives of both Parties. 1.5 No Waiver:



The failure of either party, at any time during the Term hereof, to require performance by the other party of any provision of this Service/ Supply Contract shall in no way affect the full right to require such performance at any time thereafter. The waiver by either party of a breach of any provision of this Service/ Supply Contract does not constitute a waiver of any succeeding breach of the same or any other provision, nor shall it constitute a waiver of the provision itself. 1.6 Severability: If any provision of this Service/ Supply Contract is declared or found to be illegal, unenforceable or void, the parties shall negotiate in good faith to agree upon a substitute provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Service/ Supply Contract is not materially affected by such a declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law. 1.7 Laws: The Parties hereto shall comply with all applicable central and state laws, rules, court orders, governmental, regulatory or statutory orders and other regulations as required in connection with the performance of this Service/ Supply Contract. 1.8 Offset: The Company may deduct or retain out of any Payment, which may be due or become due to Agency hereunder or otherwise, any amounts owed by The Agency to The Company hereunder or otherwise. 1.9 Governing Law: This Service/ Supply Contract shall be governed and interpreted exclusively in accordance with laws of India. 1.10 Headings: The headings given to the Clauses herein are inserted only for convenience and are in no way to be construed as part of this Service/ Supply Contract or as a limitation of the scope of the particular Clause to which the title refers. 1.11 Counterparts: This Service/ Supply Contract may be executed by one or more of the Parties on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. 1.12 Survival: Any provisions of this Service/ Supply Contract which, either expressly or by implication, survive the termination or expiration of this Service/ Supply Contract, shall be complied with by the Parties in the same manner as if the present Service/ Supply Contract is valid and in force even after termination or expiry. 40.0 Acceptance of Service/ Supply Contract: Kindly sign and stamp every page of the duplicate copy of this Service/ Supply Contract including all it Annexure as token of your final and unqualified acceptance of this order and return it to our office for our record. 41.0 Limitation of Liability:



1 Unless otherwise expressly agreed to herein, neither party shall be liable to the other party for any indirect, incidental or consequential loss, loss of profit, damage, expense or cost arising out of performance of its obligation under this Agreement. 42.0 DISCLAIMER

1 This Document includes statements, which reflect various assumptions, which may or may not be correct. Each Bidder/Bidding Consortium should conduct its own estimation and analysis and should check the accuracy, reliability and completeness of the information in this Document and obtain independent advice from appropriate sources in their own interest.

2 Neither Company nor its employees will have any liability whatsoever to any Bidder or any other person under the law or contract, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage whatsoever which may arise from or be incurred or suffered in connection with anything contained in this Document, any matter deemed to form part of this Document, provision of Service/ Supply s and any other information supplied by or on behalf of Company or its employees, or otherwise a rising in anyway from the selection process for the Contract.

3 Though adequate care has been taken while issuing the Bid document, the Bidder should satisfy itself that Documents are complete in all respects. Intimation of any discrepancy shall be given to this office immediately.

4. This Document and the information contained herein are Strictly Confidential and are for the use of only the person(s) to whom it is issued. It may not be copied or distributed by the recipient to third parties (other than in confidence to the recipient‐s professional advisors).

43.0 COST OF BIDDING

The Bidder shall bear all cost associated with the preparation and submission of its Bid and the company will in no case be responsible or liable for those costs.

1.1 BIDDING DOCUMENTS

1 The Scope of Contract, Bidding Procedures and Contract Terms are described in the Bidding Documents. In addition to the covering letter accompanying Bidding Documents, the Bidding Documents include:

SECTION – I : REQUEST FOR QUOTATION SECTION – II : INSTRUCTIONS TO BIDDER SECTION – III : TERMS AND CONDITION SECTION – IV : BILL OF QUANTITY/PRICE FORMAT SECTION – V : BID FORM SECTION – VI : FORMAT FOR EMD BANK GUARANTEE SECTION – VII : CHECK LIST

2 The Bidder is expected to examine the Bidding Documents, including all Instructions, Forms, Terms and Specifications. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents in every respect will may result in the rejection of the Bid.

44.0 AMENDMENT OF BIDDING DOCUMENTS



1.01 At any time prior to the deadline for submission of Bids, the Company may for any reasons, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by Amendment.

1.02 The Amendment shall be part of the Bidding Documents, pursuant to Clause 5.01, and it will be notified in writing by Fax/e‐mail to all the Bidders who have received the Bidding Documents and confirmed their participation to Bid, and will be binding on them.

1.03 In order to afford prospective Bidders reasonable time in which to take the Amendment into account in preparing their Bids, the Company may, at its discretion, extend the deadline for the submission of Bids.

44.0 PREPARATION OF BIDS

1.1 LANGUAGE OF BID

The Bid prepared by the Bidder, and all correspondence and documents relating to the Bid exchanged by the Bidder and the Company, shall be written in the English Language. Any printed literature furnished by the Bidder may be written in another Language, provided that this literature is accompanied by an English translation, in which case, for purposes of interpretation of the Bid, the English translation shall govern.

1.2 DOCUMENTS COMPRISING THE BID

The Bid prepared and submitted by the Bidder shall comprise the following components:

(a) Bid Form ,Price & other Schedules (STRICTLY AS PER FORMAT) and Technical Data Sheets completed in accordance with Technical Specification.

(b) All the Bids must be accompanied with the required EMD as mentioned in the Section‐I against each tender.

45.0 BID FORM

1.1 The Bidder shall submit”Original‐‐ Bid Form and the appropriate Price Schedules and technical specifications enclosed with the Bidding Documents.

1.2 EMD

Pursuant to Clause 8.0(b) above, the bidder shall furnish, as part of its bid, a EMD of requisite amount as already specified in the Section‐I. The EMD is required to protect the Company against the risk of Bidder‐s conduct which would warrant forfeiture. The EMD shall be denominated in any of the following form:

(a) Demand Draft/Pay Order drawn in favor of BSES RAJDHANI Power Ltd, payable at Delhi.

(b) Fixed Deposit Receipts (FDR) from a scheduled bank in favor of BSES RAJDHANI Power Limited valid for 6(six) months after last date of receipt of tenders

Earnest money given by all the bidders except the lower bidder shall be refunded within 4 (four) weeks from the date of opening of price bid. The amount of EMD by the lowest bidder shall be adjustable in the security bank guarantee



The EMD may be forfeited in case of: (a) If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the

Bid Form or

(b) In the case of a successful Bidder, if the Bidder does not

(i) Accept the Purchase Order, or

(ii) Furnish the required performance security BG.

46.0 BID PRICES

1.1 Bidders shall quote for the entire Scope of Contract with prices for individual items. The tenderer is required, at his expense, to obtain all the information he may require to enable him to submit his tender.

Prices quoted by the Bidder shall be “Firm” and not subject to any price adjustment during the

performance of the Contract. A Bid submitted with an adjustable price/PVC will be treated as non ‐responsive and rejected.

47.0 BID CURRENCIES

Prices shall be quoted in Indian Rupees Only.

48.0 PERIOD OF VALIDITY OF BIDS

1.1 Bids shall remain valid & open for acceptance for a period of 120 days from the date of opening of the Bid.

1.2 Notwithstanding Clause12.01 above, the Company may solicit the Bidder‐s consent to an extension of the Period of Bid Validity. The request and the responses thereto shall be made in writing and sent by Fax/post/courier

49.0 ALTERNATIVE BIDS

Bidders shall submit Bids, which comply with the Bidding Documents. Alternative Bids will not be considered. The attention of Bidders is drawn to the provisions regarding the rejection of Bids in the terms and conditions, which are not substantially responsive to the requirements of the Bidding Documents.

50.0 FORMAT AND SIGNING OF BID

1.01 The original Bid Form and accompanying documents(as specified in Clause 9.0),clearly marked "Original Bid", must be received by the Company at the date, time and place specified pursuant to Clauses15.0 and16.0.

1.02 The original copy of the Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to sign on behalf of the Bidder. Such authorization shall be indicated by written Power‐of‐Attorney accompanying the Bid.

1.03 The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.

51.0 SUBMISSION OF BIDS



1.0 SEALING AND MARKING OF BIDS

1.01 Bid submission: One original (hard copies) of all the Bid Documents shall be sealed and submitted to the Company before the closing time for submission of the bid.

1.02 The Technical Documents and the EMD shall be enclosed in a sealed envelope and the said envelope shall be superscribed with — Technical Bid & Commercial Terms & Conditions “. The price bid shall be inside another sealed envelope with superscribed —“Financial Bid “. Both these envelopes shall be sealed inside another big envelope. All the envelopes should bear the Name and Address of the Bidder and marking for the Original. The envelopes should be superscribed with —“Tender Notice No.& Due date of opening“.

1.03 The Bidder has the option of sending the Bids in person. Bids submitted by Email/Telex/Telegram /Fax will be rejected. No request from any Bidder to the Company to collect the proposals from Courier/Airlines/Cargo Agents etc shall be entertained by the Company.

52.0 DEADLINE FOR SUBMISSION OF BIDS

1.01 The original Bid must be timely received by the Company at the address specified in Section‐I

1.02 The Company may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Documents in accordance with Clause9.0,in which case all rights and obligations of the Company and Bidders previously subject to the deadline will there after be subject to the deadline as extended

53.0 ONE BID PER BIDDER

Each Bidder shall submit only one Bid by itself. No Joint Venture is acceptable. A Bidder who submits or participates in more than one Bid will cause all those Bids to be rejected.

54.0 LATE BIDS

Any Bid received by the Company after the deadline for submission of Bids prescribed by the Company, pursuant to Clause 16.0, will be declared "Late" and rejected and returned unopened to the Bidder.

1.0 MODIFICATIONS AND WITHDRAWAL OF BIDS

1.01 The Bidder is not allowed to modify or withdraw its Bid after the Bid‐s submission.

E. EVALUATION OF BID

54.0 PROCESS TO BE CONFIDENTIAL

Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process. Any effort by a Bidder to influence the Company‐s processing of Bids or award decisions may result in the rejection of the Bidder‐s Bid.

55.0 CLARIFICATION OF BIDS

To assist in the examination, evaluation and comparison of Bids, the Company may, at its discretion, ask the Bidder for a clarification of its Bid. All responses to requests for clarification shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted.

56.0 PRELIMINARY EXAMINATION OF BIDS / RESPONSIVENESS



1.01 Company will examine the Bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order.

1.02 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price per item that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price per item will be corrected. If there is a discrepancy between the Total Amount and the sum of the total price per item, the sum of the total price per item shall prevail and the Total Amount will be corrected.

1.03 Prior to the detailed evaluation, Company will determine the substantial responsiveness of each Bid to the Bidding Documents including production capability and acceptable quality of the Goods offered. A substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Documents without deviation.

1.04 Bid determined as not substantially responsive will be rejected by the Company and/or the Company and may not subsequently be made responsive by the Bidder by correction of the non ‐conformity.

57.0 EVALUATION AND COMPARISON OF BIDS

1.01 The evaluation of Bids shall be done based on the delivered cost competitiveness basis.

1.02 The evaluation of the Bids shall be a stage‐wise procedure. The following stages are identified for evaluation purposes: In the first stage, the Bids would be subjected to a responsiveness check. The Technical Proposals and the Conditional ties of the Bidders would be evaluated.

Subsequently, the Financial Proposals along with Supplementary Financial Proposals, if any, of Bidders with Techno‐commercially Acceptable Bids shall be considered for final evaluation.

1.03 The Company‐s evaluation of a Bid will take into account, in addition to the Bid price, the following factors, in the manner and to the extent indicated in this Clause:

(a) Contract completion schedule

(b) Conformance to Qualifying Criteria

(c) Deviations from Bidding Documents

Bidders shall base their Bid price on the terms and conditions specified in the Bidding Documents.

The cost of all quantifiable deviations and omissions from the specification, terms and conditions specified in Bidding Documents shall be evaluated. The Company will make its own assessment of the cost of any deviation for the purpose of ensuring fair comparison of Bids.

1.04 Any adjustments in price, which result from the above procedures, shall be added for the purposes of comparative evaluation only to arrive at an "Evaluated Bid Price”. Bid Prices quoted by Bidders shall remain unaltered.

F. AWARD OF CONTRACT

58.0 CONTACTING THE COMPANY

1.01 From the time of Bid opening to the time of contract award, if any Bidder wishes to contact the



Company on any matter related to the Bid, it should do so in writing.

1.02 Any effort by a Bidder to influence the Company and/or in the Company‐s decisions in respect of Bid evaluation, Bid comparison or Contract Award, will result in the rejection of the Bidder‐s Bid.

59.0 THE COMPANY ‐S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

The Company reserves the right to accept or reject any Bid and to annul the Bidding process and reject all Bids at anytime 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 of the grounds for the Company‐s action.

60.0 AWARD OF CONTRACT

The Company will award the Contract to the successful Bidder whose Bid has been Determined to be the lowest‐evaluated responsive Bid, provided further that the Bidder has been determined to be qualified to satisfactorily perform the Contract. Company reserves the right to award order other bidders in the tender, provided it is required for progress of project & provided he agrees to come to the lowest rate.

1.0 THE COMPANY ‐S RIGHT TO VARY QUANTITIES

The Company reserves the right to vary the quantity i.e. increase or decrease the numbers/quantities without any change in terms and conditions during the execution of the Order.

2.0 LETTER OF INTENT/ NOTIFICATION OF AWARD

The letter of intent/ Notification of Award shall be issued to the successful Bidder whose bids have been considered responsive, techno‐commercially acceptable and evaluated to be the lowest (L1). The successful Bidder shall be required to furnish a letter of acceptance with in 7 days of issue of the letter of intent /Notification of Award by Company.

61.0 CORRUPT OR FRADULENT PRACTICES

1.01 The Company requires that the Bidders observe the highest standard of ethics during the procurement and execution of the Project. In pursuance of this policy, the Company:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

"Corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; and

"Fraudulent practice" means a misrepresentation of facts in order to influence a award process or the execution of a contract to the detriment of the Company, and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial non ‐competitive levels and to deprive the Company of the benefits of free and open competition.

(b) Will reject a proposal for award if it determines that the Bidder recommended for award has engaged in

corrupt or fraudulent practices in competing for the contract in question ; (c) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if



it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.

2.02 Furthermore, Bidders shall be aware of the provision stated in the Terms and Conditions of Contract.

General Instructions:

1.01 All the Bids shall be prepared and submitted in accordance with these instructions.

1.02 Bidder shall bear all costs associated with the preparation and delivery of its Bid, and the Company will in no case shall be responsible or liable for these costs.

1.03 The Bid should be submitted by the Bidder in whose name the bid document has been issued and under no circumstances it shall be transferred/ sold to the other party.

1.04 The Company reserves the right to request for any additional information and also reserves the right to reject the proposal of any Bidder, if in the opinion of the Company, the data in support of RFQ requirement is incomplete.

1.05 The Bidder is expected to examine all instructions, forms, terms & conditions and specifications in the Bid Documents. Failure to furnish all information required in the Bid Documents or submission of a Bid not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid. However, the Company‐s decision in regard to the responsiveness and rejection of bids shall be final and binding without any obligation, financial or otherwise, on the Company.

COMMERCIAL TERMS & CONDITIONS:

1. Definition: The following terms & expressions as used in this Contract order shall have the meaning defined and interpreted here under: 1.1. Company: The terms "Company" shall mean BSES RAJDHANI Power Limited having its office at BSES Bhawan, Nehru Place, New Delhi‐110019 and shall included its authorized representatives, agents, successors and assigns. 1.2 Contractor: contractor shall mean the successful Tenderer / vendor to whom the contract has been awarded 1.3 Rate: The unit rates for the Contract to be carried out at site shall be as per finalized unit rates through tender. The Invoice of the Contractor will be processed as per the actual Contract done and the quantities of each items performed by the Contractor as per the site requirement to be certified by Officer In‐charge. The finalized rates shall be firm for the entire duration of Contract to be carried out by the Contractor under the Contract order and are not subject to escalation for any reason whatsoever. 1.4 Contract Order Specification: The terms "Contract order Specification" shall mean the Technical specification of the Contract as agreed by you and description of Contract as detailed in ANNEXURE ‐ I enclosed and all such particulars mentioned directly/referred to or implied as such in the Contract order. 1.5 Site: The terms "Site" shall mean the Contracting location mentioned in the Contract order. For this Contract order contracting location is in Central circle.



2. OFFICER‐IN‐CHARGE: The term "Officer In‐Charge" shall mean the Company‐s nominated representative for the purpose of carrying out the Contract. For this Contract Officer In‐Charge will be Head – Collections or his nominated person. 3. EXAMINATION OF SITE AND LOCAL CONDITIONS: The contractor is deemed to have visited all the sites comes under BRPL licensed area under the Contract order and ascertained therefore all site conditions and information pertaining to his Contract. The company shall not accept any claim whatsoever arising out of the difficulties at site/terrain/local conditions, if any. 4. LANGUAGE AND MEASUREMENT: The Contract order issued to the contractor by the company and all correspondence and documents relating to the Contract order placed on the Contractor shall be written in English language. Metric System shall be followed for all dimension, units etc. 5.0 VALUE OF THE CONTRACT ORDER: Value of Contract order will be contracted out on the basis of finalized rates 6.0 TAX & DUTIES: Prices will be inclusive of all taxes and duties i/c cess (Except Service/ Supply Tax). However, IT / VAT as per applicable rate will be deducted from your bills as Tax Deduction at Source (TDS). Service/ Supply Tax at actual shall be paid on submission of Service/ Supply Tax Registration and self declaration on your letter head stating that you have deposited/or will deposit the Tax as per the applicable Service/ Supply tax laws. The total order value shall not be adjusted on account of any upward variations in statutory taxes, duties & levies imposed by competent authorities by way of fresh notification(s) within the stipulated completion period or any change in interpretation of law. However, in case of reduction in taxes, duties & levies, the benefits of the same shall be passed on to BRPL. 7.0) STATUTORY OBLIGATIONS:

The Contractor shall take all steps as may be necessary to comply with the various applicable laws/rules including the provisions of contract labour (Regulation & Abolition Act) 1970 as amended, Minimum wages Act, 1984, Contractman Compensation Act, ESI Act, PF Act, Bonus Act and all other applicable laws and rules framed there under including any statutory approval required from the Central/State Governments. Broadly, the compliance shall be as detailed in ANNEXURE provided.

Before commencing the Contract it would be mandatory for the Contractor to furnish the company the permanent PF code no and ESI of the employees.

8.0) Termination:

Either party may terminate this agreement in the case the other party has committed a breach of any of the terms of this agreement and has not cured such breach within in a period of Thirty (30) days from the date of receipt of the notice from the aggrieved. Party requesting it to so cure breach, provided that if and to the extent that the failure to perform its obligation under this agreement shall be caused by or arise from force Majeure, defined herein below, such failure shall not constitute a breach of this agreement.

Either party may immediately terminate this Agreement by giving written notice, in the following circumstances:

1 The other party makes an assignment for the benefit of its creditors: or



2 The other party goes into liquidation, or a winding up order is made against it, or it suffers the appointment of a receiver, trustee or similar officer of the whole or parts of its business or assets, or it files a petition seeking reorganization, composition or a similar relief, or it takes any action under any law regarding insolvency;

3 The representation and warranties made by the other party are false or misleading;

Either party shall be entitled (without prejudice to any right of action accruing or already accrued to either party) to terminate this Agreement by giving to the other party not less than 30(THIRTY) days notice in writing to the same effect. However, Agency shall be entitled to receive payment against all its dues till the date of notice of termination so served by either side, within 7 (seven) days from the date of receiving such notice after deducting the amount authorized under this agreement which is accepted by Agency.

9.0) Effect of expiration or termination:

Upon expiration/termination of this agreement Agency shall become immediately entitled to the amounts due to it from BSES Rajdhani Power Ltd. under this agreement and BSES Rajdhani Power Ltd. shall make payment to Agency within seven (7) days of the expiration/termination after deducting the amount receivable from Agency.

10.0) INDEMNITY:

Contractor shall indemnify and save harmless COMPANY against and from any and all liabilities, claims, damages, losses or expenses arising due to or resulting from:

a) Any breach non‐observance or non‐performance by contractor or its employees or agents of any of the provisions of this Contract Order.

b) Any act or omission of contractor or its employees or agents.

c) Any negligence or breach of duty on the part of contractor, its employees or agents including any wrongful use by it or them of any property or goods belonging to or by COMPANY.

Contractor shall at all times indemnify COMPANY against all liabilities to other persons, including he employees or agents of COMPANY or contractor for bodily injury, damage to property or other loss which may arise out of or in consequence of the execution or completion of Contracts and against all costs charges and expenses that may be occasioned to COMPANY by the claims of such person.

11.0) EVENTS OF DEFAULTS:

COMPANY may, without prejudice to any of its other rights or remedies under the Contract Order or in law, terminate the whole or any part of this Contract Order by giving written notice to the Contractor, if in the opinion of COMPANY, contractor has neglected to proceed with the Contracts with due diligence or commits a breach of any of the provisions of this Contract order including but not limited to any of the following cases:

a) Failing to complete execution of Contract within the terms specified in this Contract order.

b) Failing to complete Contracts in accordance with the approved schedule of Contracts.

c) Failing to comply with any reasonable instructions or orders issued by COMPANY in connection with the Contracts.

d) Failing to comply with any of the terms or conditions of this Contract order.

In the event COMPANY terminates this Contract order, in whole or in part, on the occurrence of any event of default, COMPANY reserves the right to engage any other subcontractor or agency to complete the Contract or any part thereof, and in addition to any other right COMPANY may have under this Contract order or in law including without limitation the right to penalize for delay under clause 15.0 of this Contract order, the



contractor shall be liable to COMPANY for any additional costs that may be incurred by COMPANY for the execution of the Contract.

12.0) RISK & COST :

If the Contractor of fails to execute the Contract as per specification / as per the direction of Officer‐s In‐change within the scheduled period and even after the extended period, the contract shall got cancel and company reserves the right to get the Contract executed from any other source at the Risk & Cost of the Contractor. The Extra Expenditure so incurred shall be debited to the Contractor.

13.0) ARBITRATION:

To the best of their ability, the parties hereto shall endeavor to resolve amicably between themselves all disputes arising in connection with this Contract order. If the same remain unresolved within thirty (30) days of the matter being raised by either party, either party may refer the dispute for settlement by arbitration. The arbitration to be undertaken by two arbitrators, one each to be appointed by either party.

The arbitrators appointed by both the parties shall mutually nominate a person to act as umpire before entering upon the reference in the event of a difference between the two arbitrators and the award of the said umpire in such a contingency shall be final and binding upon the parties. The arbitation proceeding shall be conducted in accordance with this provisions of the Indian Arbitration & Conciliation Act, 1996 and the venue of such arbitration shall be city of New Delhi only.

14.0) FORCE MAJEURE:

The conditions of Force Majeure shall means the events beyond control of the parties effected such as act of God, Earthquake, Flood, Devastating fire, War, Civil Commotion, Cyclone, Industrial Lockout and Statutory Act of the Government having bearing on the performance of the Contract.

The party affected by Force Majeure shall be obliged to notify the other party within 48 hours, by fax/cable, of the commencement and the end of the Force Majeure circumstances preventing its performance of all or any of its obligations under this order.

If performance of obligations under this order is delayed for more than one months due to a continuous Force Majeure, the party not affected by Force Majeure may at any time thereafter while such Force Majeure continues, by notice in writing forth with terminate all or any part of the unperformed portion this order.

If this order or any portion thereof is terminated under Force Majeure conditions, the Contractor shall be liable to the COMPANY for any damages, losses or liabilities as result thereof.

15.0) SECRECY CLAUSE:

The technical information, drawing and other related documents forming part of order and the information obtained during the course of investigation under this order shall be the COMPANY‐s exclusive property and shall not be used for any other purpose except for the execution of the order. The technical information drawing, records and other document shall not be copied, transferred, or divulged and/or disclosed to third party in full/part, not misused in any form whatsoever except to the extent for the execution of this order. These technical information, drawing and other related documents shall be returned to the COMPANY with all approved copies and duplicates including drawing/plans as are prepared by the Contactor during the executions of this order, if any, immediately after they have been used for agreed purpose.

In the event of any breach of this provision, the contractor shall indemnify the COMPANY against any loss, cost or damage or claim by any party in respect of such breach.



16.0) Vendor Code of Conduct:

Vendor confirms to have gone through the Policy of BRPL on legal and ethical code required to be followed by vendors encapsulated in the “Vendor Code of Conduct” displayed on the official website of BRPL

(www.bsesdelhi.com) also, which shall be treated as a part of the contract/PO/WO.

Vendor undertakes that he shall adhere to the Vendor code of Conduct and also agrees that any violation of the Vendor Code of Conduct shall be treated as breach of the contract/PO/WO.

In event of any such breach, irrespective of whether it causes any loss/damage, Purchaser (BRPL) shall have the right to recover loss/damage from Vendor.

The Contractor/Vendor herby indemnifies and agrees to keep indemnified the Purchaser (BRPL) against any claim/litigation arising out of any violation of Vendor Code of Conduct by the Contractor/Vendor or its officers, agents & representatives etc.

ANNEXURE I

The Contractor /Agency should obtain and must submit the following (which ever applicable) to Officer‐In‐Charge before commencement of Contract and these shall renewed from time to time:

a) Sales Tax / Service Tax registration number, if applicable.

b) PAN No.

c) Contract Tax Registration Number/ VAT Registration/ CMM Level.



SECTION IV

Price/ Financial Bid

S.No. Item Description UOM Rates

1.00 Charges for Facility Management Services 1st Year EA

2.00 Charges for Facility Management Services 2nd Year EA

3.00 Charges for Facility Management Services 3rd Year EA

GRAND TOTAL EA

It is certified that the information furnished above is correct. We have gone through the terms and conditions stipulated in the Tender Document and confirm to abide by the same. The signatory to this bid is authorized to sign such bids on behalf of the organization,

Taxes are exclusive from the rates mentioned above. Mention taxes as

Place: Date:

Signature:

Name of the authorized Signatory:

Designation:

1. Name of the Organization Address & Telephone Number Service Tax No. : TIN No: PAN No. : 2. Rates offered



ACCEPTANCE FORM FOR PARTICIPATION IN REVERSE AUCTION EVENT

(To be signed and stamped by the bidder prior to participation in the auction event)

In a bid to make our entire procurement process more fair and transparent, BRPL intends to use the reverse auctions through SAP‐SRM tool as an integral part of the entire tendering process. All the bidders who are found as techno commercial qualified based on the tender requirements shall be eligible to participate in the reverse auction event.

The following terms and conditions are deemed as accepted by the bidder on participation in the bid event:

1. BRPL shall provide the user id and password to the authorized representative of the bidder. (Authorization letter in lieu of the same be submitted along with the signed and stamped acceptance form)

2. BRPL will make every effort to make the bid process transparent. However, the award decision by BRPL would be final and binding on the supplier.

3. The bidder agrees to non‐disclosure of trade information regarding the purchase, identity of BRPL, bid process, bid technology, bid documentation and bid details.

4. The bidder is advised to understand the auto bid process to safeguard themselves against any possibility of non‐participation in the auction event.

5. In case of bidding through internet medium, bidders are further advised to ensure availability of the entire infrastructure as required at their end to participate in the auction event. Inability to bid due to telephone line glitch, internet response issues, software or hardware hangs, power failure or any other reason shall not be the responsibility of BRPL.

6. In case of intranet medium, BRPL shall provide the infrastructure to bidders, further, BRPL has sole discretion to extend or restart the auction event in case of any glitches in infrastructure observed which has restricted the bidders to submit the bids to ensure fair & transparent competitive bidding. In case of an auction event is restarted, the best bid as already available in the system shall become the start price for the new auction.

7. In case the bidder fails to participate in the auction event due any reason whatsoever, it shall be presumed that the bidder has no further discounts to offer and the initial bid as submitted by the bidder as a part of the tender shall be considered as the bidder’s final no regret offer. Any offline price bids received from a bidder in lieu of non‐participation in the auction event shall be outrightly rejected by BRPL.

8. The bidder shall be prepared with competitive price quotes on the day of the bidding event. 9. The prices as quoted by the bidder during the auction event shall be inclusive of all the applicable taxes,

duties and levies and shall be FOR at BRPL site. 10. The prices submitted by a bidder during the auction event shall be binding on the bidder. No further

communication will be there. 11. No requests for time extension of the auction event shall be considered by BRPL. 12. The original price bids of the bidders shall be reduced on pro‐data basis against each line item based on

the final all inclusive prices offered during conclusion of the auction event for arriving at contract amount.

It is certified that the information furnished above is correct. We have gone

through the terms and conditions stipulated in the Tender Document and

confirm to abide by the same. The signatory to this bid is authorized to sign

such bids on behalf of the organization.

Place: Date:

Signature:


Designation:



SECTION V

BID FORM

To

Head of Department Contracts & Material Dept. BSES Rajdhani Power Ltd 1st Floor, C Block BSES Bhawan, Nehru Place New Delhi 110019

Sir,

1 We understand that BRPL is desirous of Service/ Supply of Hardware or software for Scada dept in its licensed distribution network area in Delhi 2 Having examined the Bidding Documents for the above named works, we the undersigned, offer to Service/ Supply s in full conformity with the Terms and Conditions and technical specifications for or such other sums as may be determined in accordance with the terms and conditions of the contract .The above amounts are in accordance with the Price Schedules attached herewith and are made part of this bid. 3 If our Bid is accepted, we undertake to deliver the entire Service/ Supply s as per requirement schedule mentioned in Section IV from the date of award of rate contract/letter of intent. 4 If our Bid is accepted, we will furnish a performance bank guarantee for as mentioned in Tender for due performance of the Contract in accordance with the Terms and Conditions. 5 We agree to abide by this Bid for a period of …… days from the due date of bid submission and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 6 We declare that we have studied the provision of Indian Laws for Service/ Supply s and the prices have been quoted accordingly. 7 Unless and until Letter of Intent is issued, this Bid, together with your written acceptance thereof, shall constitute a binding contract between us. 8 We understand that you are not bound to accept the lowest, or any bid you may receive. 9 There is provision for Resolution of Disputes under this Contract, in accordance with the Laws and Jurisdiction of Contract. Dated this............................... day of................................................. 2015 Signature..............................................

In the capacity of ………………………………..................................................................duly authorized to sign for and on

behalf of (IN BLOCK CAPITALS)...............................................................................

It is certified that the information furnished above is correct. We have gone through the

terms and conditions stipulated in the Tender Document and confirm to abide by the same.

The signatory to this bid is authorized to sign such bids on behalf of the organization.

Place: Date:

Signature:


Designation:



SECTION VI

FORMAT FOR EMD BANK GUARANTEE

(To be issued in a Non Judicial Stamp Paper of Rs.50/‐purchased in the name of the bank) Whereas [name of the Bidder] (herein after called the “Bidder“) has submitted its bid dated [date of submission of bid] for the Service/ Supply s of [name and/or description of the goods] (here after called the “Bid”). KNOW ALL PEOPLE by these presents that WE [name of bank] at [Branch Name and address], having our registered office at [address of the registered office of the bank](herein after called the “Bank“),are bound unto BSES Rajdhani Power Ltd., with it‐s Corporate Office at BSES Bhawan Nehru Place, New Delhi ‐110019 ,(herein after called —the “Purchaser“)in the sum of …………………… (Rupees …………………………………… only) for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this_____ day of________ 2015 TH E CONDITIONS of this obligation are: If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder on the Bid Form; or 2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during the period of bid validity: (a) Fails or refuses to execute the Contract Form, if required; or (b) Fails or refuses to furnish the performance security, In accordance with the Instructions to Bidders/ Terms and Conditions; We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that is its demand the purchaser will note that amount claimed by it is due to it, owing to the occurrence of one or both of the two condition(s), specifying the occurred condition or condition(s). This guarantee will remain in force up to and including Ninety (90) days after the due date of submission bid, and any demand in respect thereof should reach the Bank not later than the above date. (Stamp & signature of the bank) Signature of the witness(s)



SECTION VII

CHECK LIST

Sl No Item Description YES/NO

1 INDEX YES/NO

2 COVERING LETTER YES/NO

3 BID FORM (UNPRICED) & TENDER

DULY SIGNED YES/NO

4 2 Copies of TECHNICAL BID (IN

SEALED ENVELOPE – 2 AS ORIGINAL & DUPLICATE)

YES/NO

4 FINANCIAL BID (IN SEALED ENVELOPE – 1 ORIGINAL)

YES/NO

5 EMD IN PRESCRIBED FORMAT YES/NO

6 DEMAND DRAFT OF RS 1000/‐

DRAWN IN FAVOUR OF BSES RAJDHANI POWER LTD

7 POWER OF

ATTORNEY/AUTHORISATION LETTER FOR SIGNING THE BID

YES/NO