DOCUMENT-A

Vikram Sarabhai

Space Centre (VSSC) Trivandrum – 695 022

General Terms and Conditions VSSC invites ONLINE bids for Supply Installation & Commissioning of HPC-

Cluster with Storage Subsystem and Data Centre Ecosystem at VSSC Trivandrum.

Prospective Bidders may download the Tender Document from VSSC E-Procurement Site. Bidders are advised to go through instructions provided at `Instructions for online Bid Submission’ and submit duly filled bids online on the website https://eprocure.isro.gov.in as per the schedule given in the Tender Document.

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Table of Contents

TENDER SCHEDULE 3

SECTION I: INVITATION FOR BIDS (IFB) 4

SECTION II: INSTRUCTIONS TO BIDDERS (ITB) 6

SECTION III: SPECIAL CONDITIONS OF CONTRACT (SCC) 15

SECTION IV: THE SCHEDULE OF REQUIREMENTS 22

ANNEXURE I – AUTHORITY LETTER 23

ANNEXURE II – UNDERTAKING BY PRINCIPAL MANUFACTURER 24

ANNEXURE III – DOCUMENTS CHECK LIST 25

ANNEXURE IV – COMPLIANCE SHEET FOR DOCUMENT-A 26

ANNEXURE V – UNDERTAKING FROM BIDDER 27

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TENDER SCHEDULE

Name of the Institute

Vikram Sarabhai Space Centre, Thumba.P.O, Trivandrum, Kerala Pin Code. 695022.

Place of Supply, Installation & Commissioning of the Facility and Providing Warranty and AMC Support.

Vikram Sarabhai Space Centre, Thumba.P.O, Trivandrum, Kerala Pin Code. 695022.

Instruction for Online Bid Submission:

Only online tenders will be accepted. No manual / postal / e-mail / fax offers will be entertained. No manual tender document will be issued. Parties interested to participate in this e-Tender are required to register themselves as vendors, if not already registered, in our e-procurement portal https://eprocure.isro.gov.in by downloading plugins and help demos listed on the home page of the e-procurement link mentioned above to complete the vendor registration process. They can seek help from help desk 080 6780 7786, provided in the home page of e-procurement portal, in case of any problem for registration and subsequent process. Vendors may please note that without registering in our e-procurement portal, they will not be able to quote for this e-tender.

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SECTION I: INVITATION FOR BIDS (IFB)

1. Introduction:

Vikram Sarabhai Space Centre (VSSC) is an R & D institution under the Indian Space Research Organization (ISRO). VSSC invites `ONLINE’ bids from eligible bidders for supply, installation and commissioning of HPC-Cluster with storage, interconnect and Data Center Ecosystem etc. as per terms and conditions stipulated in this document.

2. Mode of Tender: Public Tender ( Two part)

3. Two Part Tender will have Part-I (Technical and Commercial) and Part-II (Price)

4. Under part-I (Technical & Commercial), all technical and commercial details shall be mentioned explicitly and NO PRICE details shall be divulged, the said bid will be rejected. Under Part-II (Price Bid), all details about the Price including detailed break-up shall be provided.

5. Documents Check-List, as per Annexure –III

5.1. A latest copy of Certificate of Incorporation, Partnership Deed / Memorandum and Articles of Association / any other equivalent document showing date and place of incorporation, as applicable.

5.2. Copy of GST registration certificate and copy of PAN.

5.3. If the bidder is an Authorised System Integrator, the Manufacturer’s valid Authorization Certificate, as per format given in Annexure –II.

5.4. The copy of audited balance sheet or a certificate from a Chartered Accountant certifying the annual sales turnover for the last financial year.

5.5. Copies of purchase order, installation report in the name of bidder, in support of eligibility criteria.

5.6. Reference / copy of publically available evidence like Top500 site www.top500.org, in support of eligibility criteria.

5.7. Duly filled Technical Bid with proper seal and signature of the authorised person (with name, designation, email id & contact no.)

5.8. The detailed technical specification, make, model, part number supported by the printed catalogue / leaflet published by the Principal Manufacturer.

5.9. Technical Compliance statement.

5.9.1 A photo copy of the price bid actually uploaded, without prices (prices blocked) and copy of commercial terms & conditions (in details) as included in the commercial bid. VSSC reserves the right to reject the bid in case of discrepancy observed in the un-priced commercial bid and the actual commercial bid.

5.9.2 Other documents necessary in support of eligibility criteria, product

catalogues, brochures etc.

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5.9.3 VSSC reserves the right to reject the bid if any of the above listed document/s is /are not submitted.

6. Techno-Commercial e-Bid (Part-I)

The Techno-Commercial Bid along with detailed terms and conditions, complete in all respects with proper seal and signature of authorised person with name, designation, email id and contact number.

7. Last Date of submission of bids:

Last date for submission of e-bids shall be as per schedule given in the e-procurement site of ISRO. The bids must be submitted on-line and the in case bidder requires any clarifications / information, they may contact Purchase and Stores Officer, VSSC in the

email ID: spo_avn_pur@vssc.gov.in.

8. Opening of on-line e-bids

The techno-commercial (Part-I) e-bids will be opened in the presence of the bidders or their authorized representatives, who choose to attend.

9. Price ebids (Part-II) of the technically qualified bidders only will be opened, in the presence of the bidders or their authorized representative, who choose to attend, at the time and date to be informed later. The authorized representative of bidders, present at the time of opening of the bids shall be required to sign an attendance register as a proof of having attended the Price bid (Part-II) opening.

(END OF SECTION I)

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SECTION II: INSTRUCTIONS TO BIDDERS (ITB)

1. Locations for the Supply, Installation & Warranty Services

The entire products as described in Schedule of Requirements must be supplied, installed, commissioned & supported at VSSC, Trivandrum, Kerala, India.

2. Delivery Period:

All the items covered in this tender must be supplied, installed and commissioned within 28 weeks from the date of placement of order. This includes the time required for clearing & forwarding the consignment(s) from customs, (if applicable).

3. Exemptions/ Relaxations:

If in the view of bidder, any exemption / relaxation is applicable to them from any of the eligibility requirements, under any Rules / process/ Guidelines/ Directives of Government of India, bidder may submit their claim for the applicable exemption /relaxation, quoting the valid Rule/ process/ Guidelines/ Directives. In this case the bidder must submit necessary and sufficient documents along with the technical bid in support of his claim. The decision about granting the exemption/ relaxation will be taken by the bid evaluation committee which is empowered to grant exemption/relaxation. The relevant and valid certificates in support of claim of exemption must be submitted.

4. Amendment to Specifications/ bid documents

4.1. No clarification / corrigendum will be issued against this Tender. Bidders should submit the compliance statement, with reasons for change in specifications, if any.

4.2. VSSC at its discretion may extend the deadline for the submission of bids if it thinks necessary to do so or if the bid document undergoes changes during the bidding period, in order to give prospective bidders time to take into consideration the amendments while preparing their bids.

5. Precautions while preparing the Bids

Bidder should avoid, as far as possible, corrections, overwriting, erasures or postscripts in the bid documents. In case however, any corrections, overwriting, erasures or postscripts have to be made in the bids, they should be supported by dated signatures of the same authorized person signing the bid documents. However, bidder shall not be entitled to amend/ add/ delete/ correct the clauses mentioned in the entire tender document. In case of discrepancies and/ or calculation errors, if any, only the lower unit prices and/or amounts shall be considered for comparison of bids.

6. Period of validity of bids

6.1. Bids shall be valid for minimum 180 days from the date of submission.

6.2. VSSC may ask for the bidder’s consent to extend the period of validity. Such request and the response shall be made in writing only. A bidder agreeing to the request for extension will not be permitted to modify his bid.

7. Submission of Bids- Online PDF format only.

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7.1. The Bid documents shall be neatly arranged. They should not contain any terms and conditions, printed or otherwise, which are not applicable to the Bid. Any conditional bid will be summarily rejected. Insertions, postscripts, additions and alterations shall not be recognized, unless confirmed by bidder’s signature.

8. Deadline for Submission of Bids – Online Only.

8.1. Bids must be received by VSSC before the due date and time at the address specified in the tender document.

8.2. VSSC may extend this deadline for submission of bids by amending the bid documents and the same shall be suitably notified in the website only and not in media.

9. Bid Opening & Evaluation of Bids

9.1. The technical bids will be evaluated in two steps.

9.2. The bids will be examined based on eligibility criteria to shortlist the eligible bidders.

9.3. The techno-commercial bids of only the short listed eligible bidders shall be evaluated based on technical specifications stipulated in Document-B.

9.4. The bidders whose techno-commercial bid is found to meet both the requirements as specified above will qualify for opening of the techno-commercial bid and will be informed about the date and time of the opening of the commercial bid.

9.5. The Authorised Technical Evaluation Committee of VSSC shall evaluate the bids. The Committee shall be empowered to take appropriate decisions on minor deviations, if any.

10. Comparison of Bids

10.1. Only the qualified bids from the technical evaluation, as recommended by the Authorised Technical Evaluation Committee shall be considered for price comparison.

10.2. For the purpose of comparison of prices on equal basis, the prices quoted in foreign currency (if any) by bidders shall be converted to equivalent Indian Rupees. The exchange rate as on the date of opening of techno-commercial bids shall be considered for the purpose of comparison.

11. Award of Contract

11.1. VSSC shall award the contract to the eligible bidder whose technical bid has been accepted and determined as the lowest evaluated price bid based on the total amount in INR of all items (Part A + Part B) including taxes + AMC charges for Items (II) and (III) under 7.1 of Section.III, Document A. The purchase order for supply, installation and commissioning of HPC cluster, Storage and Data Center Infrastructure will be released on finalisation of L1 bidder.

11.2. However, VSSC reserves the right and has sole discretion to reject the lowest evaluated bid.

11.3. The purchase order for AMC for the 4th ,5th and 6th year for Items (II) and (III) under 7.1 of Section.III, Document A will be released on successful completion of warranty period of three years and based on the performance of the supplier.

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11.4. Releasing the purchase order for AMC for Items (I) under 7.1 of Section.III, Document A i.e. Computing Infrastructure (Computing nodes, Switches, Cables etc), after the warranty period, is optional. However, VSSC reserves the right and has sole discretion not releasing AMC order fully or partly.

11.5. If more than one bidder happens to quote the same lowest price, VSSC reserves the right to decide the criteria and further process for awarding the contract, decision of VSSC shall be final for awarding the contract.

12. End User Certificate (if applicable):

VSSC may provide end user certificate in advance, in order to save on time/ delivery period. However, this does not mean that the order shall be placed on the same bidder. The bidder may submit the format of end user certificate along with the technical bid.

13. Purchaser’s Right to amend / cancel

13.1. VSSC reserves the right to amend the eligibility criteria, commercial terms & conditions, Scope of Supply, technical specifications etc.

13.2. VSSC reserves the right to cancel the entire tender without assigning any reasons thereof.

14. Corrupt or Fraudulent Practices

14.1. It is expected that the bidders who wish to bid for this project have highest standards of ethics.

14.2. VSSC will reject bid if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices while competing for this contract;

14.3. VSSC may declare a vendor ineligible, either indefinitely or for a stated duration, to be awarded a contract if it at any time determines that the vendor has engaged in corrupt and fraudulent practices during the award / execution of contract.

15. Interpretation of the clauses in the Tender Document / Contract Document

In case of any ambiguity/ dispute in the interpretation of any of the clauses in this Tender Document, the interpretation of the clauses by Director, VSSC shall be final and binding on all parties.

16. The bidders should not be disqualified and / or blacklisted by any Office / Department / Undertaking of the State Government / Central Govt. of India, PSU / Autonomous Body of Government of India, at the time of submission of this bid.

17. The following modifications are applicable for the standard Tender documents, Form 20 and Form 22, supplied by VSSC in the e-procurement website.

Document/Section No.

Section Title

Sub-Section No. & Title

Existing Modified/Added/Deleted

Form 20

I

INSTRUCTIONS TO TENDERER

3 Quotation should be valid for at least 90 days from the

Deleted

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date of opening of the tender. [Mandatory]

Form 20

I

INSTRUCTIONS TO TENDERER

6 Preference will be given to those tenders offering supplies from ready stocks and on the basis of FOR destination/delivery at site.

Deleted

Form 20

II

TERMS & CONDITIONS OF TENDER

3

SECURITY DEPOSIT

Added

Security Deposit (interest free) willbe refunded after satisfactorily installation and commissioning of the entire HPC System and Datacentre ecosystem, against issue of acceptance report by VSSC.

Bidders have the option to convert Security Deposit to Performance Bank Guarantee.

Form 20

II

TERMS & CONDITIONS OF TENDER

4 (a)

GUARANTEE & REPLACEMENT

The Contractor shall guarantee that the stores supplied shall comply fully with the specifications laid down, for material, workmanship and performance

Modified

The Contractor shall Guarantee/Warranty that the stores supplied shall comply fully with the specifications laid down, for material, workmanship and performance. All systems are to be covered under comprehensive warranty

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for 3 years

Form 20

II

TERMS & CONDITIONS OF TENDER

4 (g)

GUARANTEE & REPLACEMENT

All the replacement stores shall also be guaranteed for a period of 12 months from the date of arrival of the stores at purchaser's site.

Modified

Warranty for all spares(including replaced spares) will be co-terminus with the system warranty.

Form 20

II

TERMS & CONDITIONS OF TENDER

14

MODE OF PAYMENT

Normally payment will be made for the accepted stores within 30 days from the date of receipt of the materials

Modified

Normally payment will be made for the accepted stores within 30 days from the date of receipt of the materials. However being a large project, the following payment terms are allowed:

75 % payment against delivery on prorata basis. 15% After successful Installation, testing, benchmarking and satisfactory completion of the acceptance criteria and 10 % after submission of PBG. This is applicable for every item supplied. No part payment for Labour and Service charges

For Payments pertaining to HPC Cluster- (Part A of Document B)

13.1 In case of import option, 75% of the payment pertaining to items at Sr. No. 1 to 11 of Part A, of Section III,

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Price-Bid Format, will be made through irrevocable Letter of Credit (LC) with 30 days credit period. In case of option of local purchase, 75% of the payment pertaining to items at Sr. No. 1 to 11 of Part A, of Section III, Price-Bid Format, will be made through electronic transfer, within 30 days of receipt of material at site.

13.2. 15 % payment (Sr. No 1 to 11 of Part A, of Section III, Price-Bid Format) shall be released by sight draft /electronic transfer, after satisfactory installation, testing, benchmarking and completing the acceptance criteria as stipulated in Section – II of Document B.

13.3. Balance 10% payment (Sr. No. 1 to 11 of Part A, of Section III, Price-Bid Format) and payment for installation and commissioning charges (Sr. No.12 of Part A, of Section III, Price-Bid Format) shall be released against submission of PBG of equivalent amount, as per Sl.No. 4 of Section III of Document-A. The PBG must be submitted within 15 days from the date of acceptance report.

13.4. The payment towards AMC services will be paid quarterly after completing at least one preventive maintenance

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and completing all breakdown maintenances, and the quarterly bill, duly certified by the competent authority.

13.5. The LC operating charges inside India will be to VSSC account and those outside India will be to beneficiary account. The LC confirmation charges & LC amendment charges, if requested/ required, will be to beneficiary account.

13.6. For payments pertaining to Data Centre Infrastructure- (Part B of Document-A)

75% of the payment pertaining to items at Sr. No.1 to 8 of Part B, of Section III, Price-Bid Format will be released on receipt of material at site on prorata basis.

15% payment (items at sr. no 1 to 8) will be released against satisfactory installation, testing, commissioning and completing the acceptance criteria as stipulated in Section – II of Document-B.

Balance 10% payment (items at Sr. Nos.1 to 8 of Part B, of Section III, Price-Bid Format) and the charges for installation and commissioning (Sr. No.9 of Part B, of Section III, Price-Bid Format) shall be released against

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submission of PBG, as per Sl.No. 4 of Section III of Document-A. PBG must be submitted within 15 days from the date of acceptance report.

Form 20

II

TERMS & CONDITIONS OF TENDER

17

ARBITRATION

ARBITRATION in Sl.No. 12 of Section III of Document-A is applicable

Form 20

II

TERMS & CONDITIONS OF TENDER

19

SECURITY FOR PURCHASE OF MATERIALS

Successful tenderer will have to furnish in the form of a bank guarantee or any other form as called for by the purchaser towards adequate security for the materials and properties provided by the Purchaser for the due execution of the Contract.

Modified

For PBG, Refer Point 4 of Section III of Document -A.

Form 22

I

INSTRUCTIONS TO TENDERERS

13(a) Part shipment is not allowed unless specifically agreed to by us.

Modified

Part shipment is allowed. Delivery terms is FOR at VSSC

Form 22

II

TERMS AND CONDITIONS

3

TERMS OF PAYMENT

Added

3.3. Bidder can quote in Single Foreign Currency and Service Charges in INR.Different foreign currencies are not allowed for the same tender.

Form 22 TERMS 8 Added

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II AND CONDITIONS

INSPECTION AND ACCEPTANCE TEST

8.4 Testing and benchmarking are to be carried out as per

the acceptance criteria for 2 PF facility (Refer Document-B)

Form 22

II

TERMS AND CONDITIONS

23

ARBITRATION

. ARBITRATION in Sl.No. 12 of Section III of Document-A is applicable

(END OF SECTION II)

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SECTION III: SPECIAL CONDITIONS OF CONTRACT (SCC)

1. Prices

1.1. The price quoted shall be considered firm and fixed and no price escalation will be

permitted (except Govt. Statutory Levies).

1.2. Bidder can quote in INR or in Foreign Currency. The bidder can quote partly in INR

and partly in foreign currency. The authorised system integrator may bid on behalf

of their principals abroad. In such case, the bidders must provide the details viz.

name & address on whom the Supply Order/ Letter of Credit is to be placed/

established with bank/ account details etc. in their commercial bid. In such case the

BG, Security Deposit and Performance Bank Guarantee must be provided by the

bidder in INR.

1.3. The prices quoted must be inclusive of packing and forwarding, freight(international

and inland), customs clearing(if applicable), loading/un-loading charges and

incidental charges till destination.

1.4. The bidder shall arrange to clear the consignment after following customs

formalities and arrange to deliver the consignment at destination(s). The

responsibility, cost and risk of the consignment shall rest with the bidder till receipt

of goods is acknowledged by VSSC-Trivandrum. However, such receipt/

acknowledgement shall not be treated as acceptance of goods.

2. Taxes and Duties

2.1. The rates of applicable GST and customs duty (in case of imports) should be quoted

separately.

2.2. The Exemption / Concession certificate towards Customs Duty and GST can be

issued by VSSC, subject to fulfilment of necessary documentation formalities by the

bidder. Bidder has to quote price as per standard tariff rates. VSSC is eligible for

partial customs duty exemption and IGST (Percentage depends on the item).

While quoting, full tariff rate is to be quoted with HSN code. Notification number

7/2018-Integrated Tax-(Rate).

2.3. If any demurrage is payable for delay in customs clearance of consignment beyond

period of one week from date of landing and if the delay is for the reasons

attributed to VSSC, the demurrage charges shall be paid by the bidder. The same

shall be reimbursed by VSSC against submission of original document in support of

payment of demurrage charges.

2.4. The bidder should take care to quote the exact rate of Taxes/ Duties. If due to any

error/oversight, the rates of taxes/duties quoted are lower than the

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actual/applicable rates, the bidders will not be permitted to correct the errors. In

this case, the difference if any between the quoted rates and the actual rates will be

to the bidders account.

2.5. The supplier must provide the proper shipping documents necessary for customs

clearance availing applicable duty exemption.

3. Software Licenses: (if applicable)

The software licenses, if any, shall be supplied. The licenses shall contain paper licenses and at least one set of media (CDs/DVDs) – wherever applicable.

4. Performance Bank Guarantee (PBG):

4.1 The successful bidder will be required to furnish the Performance Guarantee towards the HPC Cluster, Storage, interconnect, data Centre components etc. supplied, in the form of a Bank Guarantee in INR equivalent to 10% amount of the Supply Order value, as per the format attached to this document. This bank guarantee should be submitted along with the invoice after successful installation within 15 days. The Bank Guarantee shall remain valid for the period of 37 months from the date of installation. The PBG must be negotiable at a branch of issuing bank in Trivandrum. In case of no warranty claims towards the items under warranty, the PBG will be returned on completion of warranty period.

4.2 VSSC reserves the right to invoke the Performance Bank Guarantee submitted by bidder, in case of the following:

4.2.1 The HPC Cluster Components / solutions fail to achievethe performance as

stipulated in Document-B and Purchase Order.

4.2.2 The bidder fails to provide the warranty and other services in scheduled

time frame and as stipulated in this document and Purchase Order.

5. Completeness Responsibility

Notwithstanding the scope of work, engineering, supply and services stated in bid document, any equipment or material, engineering or technical services which might not be even specifically mentioned under the scope of supply of the bidder and which are not expressly excluded there from but which – in view of the bidder - are necessary for the performance of the equipment in accordance with the specifications are treated to be included in the bid and has to be performed by bidder. The items which are over & above the scope of supply required for completeness must be quoted.

6. Warranty

6.1 The Supplier warrants that all the Goods supplied are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract. The supplier further warrants that all Goods supplied under this contract shall have no defect arising from design, materials or workmanship (except when the design and/or

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material is required by the Purchaser’s specifications) or from any act or omission of the supplier. The warranty should be comprehensive on site, repair/replacement basis free of cost.

6.2 All the equipment’s and components supplied for HPC Ecosystem (Hardware and Software) and data center ecosystem must have 3 (Three) years on site comprehensive warranty, with 4 hours response time and resolution of 48 hours. During the warranty period, vendor will have to undertake comprehensive maintenance of the entire hardware and software components, equipment, support and accessories supplied by the vendor at the place of installation of the equipment.

6.3 The defects, if any, during the guarantee/warranty period are to be rectified free of charge by arranging free replacement wherever necessary. It should be completed within Next Business Day resolution for entire solutions after the intimation of fault.

6.4 Goods requiring warranty replacements must be replaced on free of cost basis.

6.5 The suppliers has to provide support to mention the HPC System onsite as well as offsite to ensure smooth functioning of HPC System which includes but not limited to maintaining System health, update and upgrade of OS , software , patches etc. system administration and application support.

6.6 The supplier should also provide support for smooth functioning of datacenter ecosystem by deploying necessary and sufficient manpower at site (minimum one number) to ensure the uptime requirement of the system, as stipulated in this document.

6.7 Batteries of UPS Systems are also included in 3-Years Comprehensive Warranty

6.8 The warranty for the 2 PF facility and Datacentre Ecosystem will start from the date

of successful installation, commissioning and Acceptance.

7 Comprehensive Annual Maintenance Contract (AMC):

The Supplier shall provide comprehensive annual maintenance services towards the system supplied for 4th, 5th and 6th Year after the warranty period of three years. The terms and condition of this AMC shall be same as given in point 6 above.

7.1 The bidder shall quote AMC rates separately for each year for (i) Computing

Infrastructure (Computing nodes , Switches, Cables etc), (ii). Storage Sub System

(Storage Servers, controllers, arrays , hard Disks, Tape archival System etc.) and (iii)

Datacentre Ecosystems (UPS, Batteries, Chillers/Radiators, AC plants, Electrical

Panels, MCBs, Fire Detection and Suppression System, CCTV Systems, BMS etc).

Releasing Purchase order for AMC for Computing Infrastructure (Computing nodes,

Switches, Cables etc), after the warranty period, is optional.

7.2 During the AMC Period, battery replacement is in the scope of the Vendor.

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8 AMC Payments:

The payment towards AMC charges shall be paid at end of each quarter, pro-rata basis.

9 BENCHMARK and ACCEPTANCE CRITERIA

Bidder needs to submit the below benchmarks along with the bid and demonstrate the benchmark after the supply:

9.1 Per Node Linpack Rmax performance of min. 65% of the theoretical peak value for

the CPU only compute nodes.

9.2 Per Node Linpack Rmax performance of min. 65% of the theoretical peak value for

GPU compute nodes. GPU only FLOPS need to be considered for theoretical peak

(Not CPU+GPU FLOPS).

9.3 25 GB/s write throughput on Storage.

9.4 Demonstration of SECTION II BENCHMARK TESTS of Document-B, as per

commitment by the bidder in their bid.

10 Limitation of Liability:

10.1 The liability of the Bidder / Contractor pertaining to the contract / Works order

awarded arising out of any of the following will be limited to the total contract

value.

10.1.1 breach of any terms/conditions of the contract/work order and

addendums/amendments thereto, by the bidder

10.1.2 Misconduct by any of the employees, sub-contractors, deployed

personnel of the bidder, as per the Law of Land of the Nation.

10.1.3 Wilful default on the part of the bidder pertaining to the deliverables

stipulated in the contract/ works order.

However, liability of the bidder will be at actuals in case of death/injury/damage caused to the personnel/property due to any act, omission, default, and deficiency of the bidder.

11 Force Majeure:

11.1 In case the recommended contractor / supplier insists for incorporation of the

force majeure clause, the following clause can be incorporated in the Purchase

Order/Contract :

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11.2 “Neither party shall bear responsibility for the complete or partial non-

performance of any of his obligations (except for failure to pay any sum which

has become due on account of receipt of goods under the provisions of the

present Purchase Order/Contract) if the non-performance results from such force

majeure circumstances such as, but not restricted to, flood, fire, earthquake, civil

commotion, sabotage, explosion, epidemic, quarantine restriction, strike, lock-out,

freight embargo, acts of the Government either in its sovereign or Contractual

capacity, hostility, acts of public enemy and other acts of God as well as war or

revolution, military operation, blockade, acts or actions of State authorities or

any other circumstance beyond the control of the parties that have arisen

after the conclusion of the present Purchase Order/Contract”.

11.3 In such circumstances, the time stipulated for the performance of an obligation

under the Purchase Order/Contract may be proportionately extended.

11.4 The party for whom it has become impossible to meet the obligation under this

Contract due to force majeure condition, will notify the other party in writing not

later than twenty one days from the date of commencement of the unforeseeable

event. Unless otherwise directed by the Centre/Unit in writing, the

contractor/supplier shall continue to perform his obligations under the Purchase

Order/Contract as far as is practical and shall seek all reasonable alternative means

for performance not prevented by the force majeure event.

11.5 Any certificate issued by the Chamber of Commerce or any other competent authority or organization of the respective country shall be Sufficient proof of commencement and cessation of the above circumstances.

11.6 In case of failure to carry out complete or partial performance of an obligation for

more than sixty days, either party shall reserve the right to terminate the Contract

totally or partially. A prior written notice of 30 days to the other party will be given

informing of the intention to terminate without any liability. This is exclusive of any

reimbursements for the goods received as provided for in the agreement.

12 Arbitration:

In the event of any dispute/s, difference/s or claim/s arising out of or relating to the interpretation and application of the Contract, such dispute/s or difference/s or claim/s shall be settled amicably by mutual consultations of the good Offices of the respective Parties and recognizing their mutual interests attempt to reach a solution satisfactory to both the parties. If such a resolution is not possible, within 30 days from the date of receipt of written notice of the existence of such dispute/s, then the unresolved dispute/s or difference/s or claim/s shall be referred to the Sole Arbitrator appointed by the Parties by mutual consent in accordance with the rules and procedures of Arbitration and Conciliation Act 1996 as amended from time to time. The arbitration shall be conducted in Bengaluru in the Arbitration and Conciliation Centre - Bengaluru

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(Domestic and International) as per its rules and regulations. The expenses for the Arbitration shall be shared equally or as may be determined by the Arbitrator. The considered and written decision of the Arbitrator shall be final and binding between the Parties. The applicable language for Arbitration shall be "English" only.

Work under the Contract shall be continued by the CONTRACTOR during the pendency of arbitration proceedings, without prejudice to a final adjustment in accordance with the decision of the Arbitrator unless otherwise directed in writing by the DEPARTMENT or unless the matter is such that the works cannot be possibly continued until the decision (whether final or interim) of the Arbitrator is obtained.

13 Risk and Ownership:

Upon release of payment by VSSC, the ownership of the goods will be transferred to VSSC. However, all risks, responsibilities and liabilities in respect of goods delivered at site shall remain with selected bidder till they are successfully installed and commissioned at site and taken over by end users. Part deliveries shall not be treated as deliveries. Only full deliveries of all items ordered will be considered as delivery.

14 Indemnity:

The successful bidder shall indemnify, protect and save VSSC from/against all claims, losses, damages, action suits and other proceeding, resulting from infringement of any law pertaining to intellectual property, patent, trademarks, copyrights etc. or such other statutory infringements in respect of this contract, caused due to any act of the bidder.

15 Termination:

15.1 Validity of purchase order/rate contract will remain till fulfilment of all obligations (including but not limited to providing comprehensive warranty/support till completion of three years from acceptance of the entire integrated solution as a whole) by the successful bidder.

15.2 In case of the delays in providing the stipulated services, and /or defect/delay/under or non- Performance pertaining to the services / products supplied by the bidder, VSSC will give written notice to the bidder directing to set the things right within 30 days of notice. If bidder fails to comply with the requirements, VSSC shall have the right to terminate the contract and / or cancel the order/s. The successful bidder agrees and accepts that he shall be liable to pay damages claimed by VSSC, in the event of termination of contract / cancellation of order, as detailed in this RFP. The successful bidder may terminate the contract by at least 30 days’ written notice, only in the event of non-payment of undisputed invoices for 90 days from the due date. Except this situation, the successful bidder shall have no right of termination.

15.3 Any payments due to bidder on account of material and / or services provided and accepted by VSSC as per this contract, shall be paid within 30 days of termination of contract, after deducting the penalties, if any.

15.4 VSSC reserves the right to terminate the contract / cancel order with or without cause/ reason, by giving notice to the successful bidder.

Page | 21

16 Assignment:

16.1 Selected bidder/ Party shall not assign, delegate or otherwise deal with any of its rights or obligation under this Contract without prior written permission of VSSC.

16.1.1 Severability:

If any provision of this Contract is determined to be invalid or unenforceable, it will be deemed to be modified to the minimum extent necessary to be valid and enforceable. If it cannot be so modified, it will be deleted and the deletion will not affect the validity or enforceability of any other provision.

16.1.2 Jurisdiction:

The disputes, legal matters, court matters, if any shall be subject to Trivandrum jurisdiction only.

(END OF SECTION III)

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SECTION IV: THE SCHEDULE OF REQUIREMENTS

The Major Items TO BE SUPPLIED WITHIN THE DELIVERY PERIOD INDICATED IN THE PURCHASE ORDER

1. All Computer related Equipments such as Computing Nodes, Servers, Front-End Systems,

Network Switches and Network cables. All Hard-Disks for 5.5 PiB Storage and RAM for

all Computing Nodes and Servers and Redundant Power Supply for these items must be

supplied.

2. UPS Systems, Batteries, Electrical Panels with Changeover switches and MCB’s of

suitable rating and Electrical Cables.

3. AC Plants, Chiller Units / Radiator Systems (In case of Component Level Cooling), Pumps

and associated Piping Systems.

4. Fire detection Systems (VESDA), panels, Fire Suppression Cylinders loaded with NOVAC

1230 fluid and associated pipes and other accessories for BMS.

5. Cameras, DVI Systems and associated Cables and connectors for CCTV System.

6. All other items indicated in the Purchase Order.

(END OF SECTION IV)

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ANNEXURE I – AUTHORITY LETTER

Date:

To:

The Director,

Vikram Sarabhai Space Centre

Trivandrum - 695022

Subject: Authority Letter

Reference: Tender document No. …. Dated

Dear Sir,

We, M/s ______________ (Name of the bidder) having registered office at ________________ (address of the bidder) herewith submit our bid against the said Tender document.

Mr./Ms. _________ (Name and designation of the signatory), whose signature is appended below, is authorized to sign and submit the bid documents on our behalf against said Tender.

Specimen Signature:

The undersigned is authorised to issue such authorisation on behalf of us.

For M/s _________ (Name of the bidder)

Signature and company seal

Name

Designation

Email

Mobile No.

Page | 24

ANNEXURE II – UNDERTAKING BY PRINCIPAL MANUFACTURER

(To be submitted in Original on Letterhead)

Date:

The Director, Vikram Sarabhai Space Centre Thumba PO, Trivandrum, Kerala Pin Code– 695022

Subject: Undertaking by Principal Manufacturer against Tender No. Dated for Supply, Installation & Commissioning of HPC Cluster and Data Centre Solutions

Dear Sir,

We, M/s ______________ (Name of the manufacturer) having registered office at ________________ (address of the manufacturer) are the OEM / Principal Manufacturer of ________________ (Name of the product/s).

M/s _________ (Name of the bidder) having their office at ____________ (Address of bidder) are our authorised distributors/ system Integrators/ dealers for …(name of products).

We hereby authorise them to submit quote, supply, install and provide after sales support for said products quoted by them to meet the requirements of the referred tender.

We hereby certify that our range of products offered by M/s …(name of bidders) against said tender are not nearing end of life at least for three years from the date of submission of bids.

We undertake to provide technical & other support to M/s (name of bidder), towards fulfilling the requirements of installation, commissioning, acceptance criteria and product warranty services of the HPC Cluster / Data Centre Solutions to be supplied and installed by them against said tender.

The undersigned is authorised to issue such authorisation on behalf of M/s ______________ (Name of the manufacturer).

For M/s _________ (Name of the manufacturer)

Signature & company seal

Name

Designation

Email

Mobile No.

Page | 25

ANNEXURE III – DOCUMENTS CHECK LIST

The bidders should upload the bid comprising of below listed documents and any other documents required for completion of the bid as shown below.

S. No. Document Page Numbers

Yes/No

1 Authority Letter (Annexure-I)

2 Demand Draft towards Document Fee

3 Documents check list (Annexure III)

4 A self-attested copy of Partnership deed / Memorandum and Articles of Association as applicable.

5 Self-attested copies of GST registration certificate, as applicable.

6 A self-attested copy of PAN card, if applicable

7 Self-certified copy of Balance Sheets/ Certificate from CA towards certification of turnover.

8 Authority letter from OEM, if the bidders is Distributor/ Dealer or an HPC System Integrator (Annexure-II)

9 Technical Bid, Documents Brochures

10 Catalogs, data sheets, tables etc. on the solution offered.

11 Duly filled compliance statements and BoM Tables

12 Benchmark Tables as per Section II of Document-B

13 Copy of Un-priced commercial bid along with commercial terms and conditions

14 Commercial bid along with commercial terms and conditions

15 Any other documents in support of eligibility criteria

16 All Annexures

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ANNEXURE IV – COMPLIANCE SHEET FOR DOCUMENT-A

The bidder is required to submit line by line compliance to each point/sub-point referring table below.

Sr. No. Description Compliance Remarks

Document A: SECTION I: INVITATION FOR BIDS (IFB)

1. Point no. 2

2. Point 5 (including sub points)

Document A: SECTION II: INSTRUCTIONS TO BIDDERS (ITB)

3. Point no. 2

4. Point no. 6, 7 (including sub points)

5. Point no. 14 (including sub points)

6. Point no. 16, 17

Document A: SECTION III: SPECIAL CONDITIONS OF CONTRACT (SCC)

7. Point no. 1 to 7 (including sub points)

8. Point no. 9 to 16 (including sub points)

Document A: SECTION IV: THE SCHEDULE OF REQUIREMENTS

9. Point no. 1 to 6

Page | 27

ANNEXURE V – UNDERTAKING FROM BIDDER

(To be submitted in Original on Letterhead)

Date:

To:

The Director, Vikram Sarabhai Space Centre Thumba PO, Trivandrum, Kerala Pin Code– 695022

Subject: Undertaking

Reference: Tender document no. ………..

1. I / We hereby declare that I/ We have read, understood and accepted all the clauses

of the tender and subsequent corrigendum (if any) and attaching signed copy of this

tender ( Document A and Document B) including corrigendum (if any) on all pages.

2. I / We hereby certify that my/ our firm has not been disqualified and / or blacklisted

by any Office/ Department/ Undertaking of the State Government / Central Govt. of

India, at the time of submission of bid.

3. I hereby declare that, I / we will be solely responsible for the consequences, if any of

the information / document submitted by us is found to be false, misleading or un-

factual during the process of evaluation of bids and / or execution of contract, if

awarded.

The information furnished in bid submitted by us is true and correct. We are aware

that, in the event of any of the information furnished in the bid is found to be false;

our bid can be rejected or disqualified.

The undersigned is authorised to issue such undertaking on behalf of M/s

______________ (Name of the bidder).

Place: Date: (Signature of Authorised person with Rubber

Stamp of the Firm)

***