1
PUNJAB STATE POWER CORPORATION LTD
NOTICE INVITING TENDER
Department Name
Tender Specification No.
Tender Issuing Authority
Address details of issuing
authority
Place
Short Description
Tender Publication
Eligibility Criteria
Start date for downloading
tender
specification/tender documents
Last date for downloading
specification/tender documents
Last date for Bid Submission
Bid Opening date.
Pre Bid Meet Date
EMD
Payment mode.
Payment in favour of
Contact person names
Contact phone no.
Contact Email ID
Tender Documents Attachment. As mentioned in the specification
Tender information in details. As mentioned in the specification
Information regarding
corrigendum
IT Department, PSPCL
224/DIT-1025 dated: 28.11.2019
SE/IT (A&PM)
SE/IT (A&PM), PSPCL, H.O. Building, The Mall
Patiala
SE/IT (A&PM), PSPCL, H.O. Building ,The Mall
Patiala
Procurement of Backup solution (Appliance +
Software) for Data Centre & Disaster Recovery
Centre, PSPCL.
Tender specification can only be downloaded from
PSPCL's website https://pspcl.abcprocure.com and
no hard copy of the same will be issued by this
office.
As specified in NIT
Date of uploading of tender
28.12.2019 upto 11:00 AM
31.12.2019 upto 11:00 AM
31.12.2019 at 11:30 AM
18.12.2019 at 11:00 AM
As specified in the specification.
PSPCL Cash receipt/ Demand Draft
AO/Cash PSPCL, Patiala
Er. Deepanshu Goyal, Sr. XEN/IT (NSP & NBSP);
Er. Hemant Singla, Dy. Manager/IT (NSP & NBSP)
96461-01251; 96461-26075
aseit-nsp@pspcl.in; am-it-nsp2@pspcl.in
It is informed that from now onwards, in case tender
process is not completed due to any reason, no
corrigendum will be published in newspapers. Details
regarding corrigendum may be seen on official PSPCL
website https://pspcl.abcprocure.com
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NOTE: -

1. Please note that the tenders against this tender enquiry are being invited through
e-tendering mode. Submission of Manual tenders in any case shall not be
accepted.
2. In case the due date for opening of tender happens to be a holiday, then tenders
would be received & opened on the next working day at the same time.
3. The firms shall themselves be responsible for issue/renewal of their DSCs. Any
other firm which is interested to quote on the basis of notice board shall be
required to register on E-tendering portal in order to enable them to participate in
the limited tender.
4. The prospective bidders are requested to get clarification from this office and/or
M/s e- procurement technologies in case of any difficulty regarding uploading of
the tender well in time and no last minute request for extension in the date and
time of opening of tender on this account will be entertained.
5. The prospective bidders are requested to be extra cautious in filling the
tender and to get in touch with this office in case of any difficulty and may
visit the IT department, Patiala for seeking clarity of the solution. Once the
tender is opened, no request regarding giving relaxation or for overlooking
any mistake committed by the bidder will be entertained.
6. PSPCL Purchase Regulations 2017 may be referred to on the official website of
the corporation i.e. www.pspcl.in. Details regarding E-tendering is available on
website www.pspcl.in
7. Prospective bidders are requested to get their digital signatures issued/renewed
well in time for ensuring participation in the tender and no request for extension on
this account will be entertained.
-sd-
SE/IT (A & PM),
PSPCL, Patiala.
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TENDER
SPECIFICATIONS
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TABLE OF CONTENTS

Annexure– I
1. General Terms and Conditions
(Page no. 5 to 9)

Annexure – II General Instructions To be observed by

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(Page no. 10 to 20) Tenderers

Annexure – III
3. (Page no. 21 to 23) Technical Specifications

4. Annexure – IV Schedule of Prices

(Page no. 24)

Annexure – V
5. (Page no. 25) Statement of Deviations
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Annexure-I
GENERAL TERMS & CONDITIONS:
1. The following instructions must be carefully observed by all tenderers. Quotations/
tenders not strictly in accordance with these instructions are liable to be rejected.
i) The tender must be complete in all respects. The following points should be
carefully studied in order to ensure submission of a complete and comprehensive
tender. Failure to comply with any of these instructions or to offer brief
explanation for non-compliance is likely to render effective comparison of the
tender as a whole impossible and may lead to rejection of an otherwise
competitively lowest offer.
ii) Telegraphic quotations will not be accepted.
iii) Bids shall be downloaded/ Uploaded on PSPCL e-tendering Website
https://pspcl.abcprocure.com. Quotations/tenders only through e-tendering will be
accepted
iv) The tenders shall be submitted in three parts i.e. Part-I (manual submission),
Part-II & Part-III (both online submission).

2. The following procedure will be adopted for the opening of tenders.

a. Part-I-Earnest Money: The first part will, consist of earnest money submitted
manually in the form of PSPCL Cash receipt/ demand draft in favour of AO/Cash,
PSPCL, Patiala payable at Patiala or valid PEMD certificate for PSPCL. On the
envelope, the bidder should clearly specify the items & quantity quoted
else the tender shall not be accepted.
b. Part-II-Technical/Commercial bids: The second part will consist of technical
specification, schedule of deliveries & all other terms and conditions except the
rates.
All commercial terms i.e. GST or any other taxes are to be specified in the Part-II
i.e. technical and commercial part of the bid. Price bid components of their bid
should only contain prices so that there is no controversy regarding interpretation
of any condition/stipulation at the time of preparation of merit statement after
opening the price bid
c. Part-III: Price Bids: The third part will consist of the rates quoted as well as other
related terms like freight, insurance, GST etc. and other incidental charges
relevant to the price. Rate should be stated in both words and figures. The same
shall be filled as per Annexure IV of the specification.
Firstly the envelopes containing Cash Receipt/ Demand Draft towards the
EMD/PEMD certificate will be opened in the presence of the bidder's
representatives who choose to be present at the prescribed time, date and
address. If the EMD/PEMD is found to be as per the requirement of the
specifications, only then the tender i.e. Part-II shall be opened. The bids without
earnest money/valid PEMD certificate shall be out rightly rejected.
After opening Part-II of the bids (technical/commercial), the bids will be
technically & commercially evaluated by PSPCL. Clarification regarding
deviations/missing documents etc. shall be sought from the bidders, if required.
The third part of the bids (Price bid) shall be opened in case of only those firms
whose part-II of the bids after evaluation is found to be conforming to the
specifications. The date and time for opening Part-III of the bids will be intimated
to the qualifying firms. The price bids (Part-III) will be opened in the presence of
the representative of the qualifying bidders who choose to attend.
 6
d. After opening of price bid, Reverse Auctioning will be held as per the terms &
conditions of the tender specifications.

3. The officer inviting tenders, contracting/purchasing agency/PSPCL (here-in-

after referred to as Purchaser) reserve the right to modify the schedule of
requirement, technical particulars and the specifications at any time, to
increase or decrease the NIT quantity and to place the order as a whole or in
parts and to reject any or all the tenders received without assigning reasons.
He will not be responsible for and will not pay for expenses or losses that may
be incurred by the tenderer in the preparation of the tenders. If at any time
competent authority desires, the contract can be short closed at any time by
giving one-month notice. No claim on this account shall be entertained.

4. Quotations/Tenders shall be uploaded on given website up to specified hours of the

due date given in the tender notice and shall be opened immediately thereafter in
the presence of tenderers or their authorized representatives who choose to be
present. In case the due date of opening tenders happens to be a holiday, tenders
shall be received and opened at the same time on the next working day. Bids
received after the due date and time shall not be entertained.

5. Tenderers should submit their offer in unambiguous wording failing which PSPCL‟s
interpretation will be final.

6. Tenderers must carefully study the technical specification and general terms &
conditions before preparation of Tender. Rate should be stated in words and figures
both. Complete information as per Annexures attached herewith must be supplied
with tender invariably, failing which the tenders are likely to be ignored.

7. No relaxation whatsoever of any sort, would be given in NIT specifications after the
tenders have been received, opened/processed.

8. The prospective bidders are requested to visit the PSPCL website periodically even
after downloading the specification to check for corrigendum issued, if any. Please
note that corrigendum will NOT be published in newspapers and will be
available only on website.

9. Earnest Money Deposit (EMD)

i) Bidders shall be required to submit earnest money of Rs. 6,00,000/- (Rs. Six
Lakhs Only) in the form of PSPCL Cash Receipt/ DD in favour of AO/Cash
PSPCL, payable at Patiala. If the earnest money is found less than as fixed
above, the tender shall not be considered for evaluation. Bids of the firms, which
do not submit the Earnest Money on or before last date and time for Bid
Submission shall not be opened. Further, it shall be clearly indicated on the
envelope, that PSPCL Cash receipt/ DD for earnest money is enclosed there in
and Tender Enquiry no. shall also be written on the envelope containing DD.
ii) The following shall be exempted from depositing Earnest Money:
(a) Public Sector undertakings owned by Punjab Govt./Central Govt./other State
Govt. supplying material directly through units owned by them subject to
submission of documentary evidence of Government ownership. Exemption
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shall not be applicable if the Tender is submitted for supply of material

through private unit/manufacturer.
(b) Suppliers having Permanent Earnest Money Deposit (PEMD) of Rs. 25 lacs
with the PSPCL provided that a certificate to this effect issued by the Nodal
Authority i.e. AO(CPC/MM) of PSPCL, during six months immediately
preceding the due date for Tender opening and showing the Serial
No./Account No. allotted in the Permanent Earnest Money Deposit Register
shall be submitted by the tenderers in the envelope for Earnest Money.
iii) Earnest Money shall be forfeited in case of withdrawal/modification of an offer
within the validity period, as required in the NIT/Tender Specification after
opening of Tenders.
iv) In case of successful tenderers, Earnest money shall be converted into Security
Deposit and shortfall, if any shall be got deposited for faithful execution of
Purchase Order/Contract.
v) In case of tenders not accepted, Earnest money shall be refunded within 30 days
of award of order/contract of the successful tenders.
vi) In case of firms not falling within the zone of consideration earnest money may
be refunded immediately wherever possible or within 30 days of the award of
order/ contract to the successful tenderers or the closing of the tender enquiry.
vii) If a firm withdraws its bid before the due date of opening of tender, the EMD of
the firm shall be refunded immediately.
viii) No interest shall be paid by PSPCL on EMD/ PEMD deposited by the tenderer/
bidder.

10. Qualifying Criteria: The bids of only those firms will be accepted which fulfill the
following criteria and documentary proof in this regard shall be uploaded on PSPCL
Website https://pspcl.abcprocure.com on or before the last date and time of bid
submission:-

i) The bidder should have experience of successfully completed similar works i.e.
implementation of any hardware/software solution in data center of any State
Govt./Centre Govt./PSU during the last 7 years ending FY 2018-19. The value of
POs / WOs to be counted towards work experience shall be as under:
a) Three similar complete orders each costing not less than Rs 1.18 Cr.
Or
b) Two similar completed orders each costing not less than Rs 1.48 Cr.
Or
c) One similar completed order each costing not less than Rs 2.36 Cr.
Supporting documents & completion certificates signed by the customer to
be submitted as a documentary proof.
ii) The bidder should have an average annual turnover of Rs. 89 lakh or more
during the last 3 financial years, i.e. 2015-16, 2016-17 and 2017-18. As a matter
of proof, copy of the certificate of turnover for the last 3 years duly certified by the
Charted Accountant with CA‟s Registration Number and Seal on it. Copy of
Balance sheets for the respective years should be provided.
iii) The bidder should have a positive net worth in each of the last 3 financial years
i.e. 2016-17, 2017-18 and 2018-19 (CA Certificate with CA‟s Registration
Number/Seal).
iv) In case the tender is submitted by authorized representative/dealer on behalf of
OEM, a certified and valid copy of authorized dealer/distributorship from OEM
addressed to PSPCL shall be enclosed along with the tender.
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11. The bidders/ tenderers are required to submit the following documents:
a) An undertaking that they shall not pay any commission etc. or engage any
commission agent or liaison agent for dealing with PSPCL in any matter
including purchase of specification etc. This undertaking is required to be
supplied along with the offer/tender, failing which their offer/tender is likely to be
ignored.
b) A copy of GSTIN registration of the firm.
c) The bidder should have a registered number of Income Tax/PAN and shall
submit a copy of the same along with tender documents.
d) A list of two authorized persons with their signatures duly attested on the firm‟s
letter head so that they may represent on behalf of the firm and participate in the
opening process of the tenders. The firm shall supply one such copy in the
tender and one copy should be with the authorized person, otherwise he will not
be allowed to participate in the opening of tender.
e) An undertaking that the firm has not been blacklisted by any Govt. department /
Semi- Government dept./ Electricity Board/Utility/PSU in the last 3 financial
years. This is required as blacklisted and debarred firms are not be eligible for
participation in the tender.
f) An undertaking confirming that the offer is valid for at least 120 days from the
date of opening and any withdrawal or modification of the offer shall not be
permitted.
g) Documentary evidence (Latest copy of memorandum of Micro Small & Medium
Enterprises filed under section-8 of MSMED Act, 2006 duly acknowledged by
competent authority.) of being a Micro, Small & Medium Enterprise. If the bidder
does not submit the proof at the time of submission of its bid, it shall be
considered as a Large Enterprise.
h) A certificate for the last financial year, duly signed by any
Director/Partner/Proprietor and Chartered Accountant that investment in Plant &
Machinery of the enterprise does not exceed Rs. 25 Lac in case of micro and
Rs. 5.00 Cr in case of small enterprise as prescribed in section 7 (1) a (i) & (ii) of
the MSMED Act, 2006.
i) The tenderers will have to give an undertaking that they agree to the PSPCL
tender specification and any corresponding amendments in toto.

12. CONSTITUTION, EXPERIENCE AND FINANCIAL STANDING

The tenderers should invariably supply the following information with the tenders:
a) Constitution and Composition of the Firms:
i. If a Joint Stock Company- copy of its Memorandum and articles of
Association and other particulars.
ii. If a partnership, a copy of the partnership deed and particulars of partners.
iii. If a proprietary concern, the standing of the proprietor and if registered with
the Registrar of Companies/Firms, their registration No.
b) In case of authorized representative:
i. Name and particulars of manufacturers
ii. Certified copy of the instrument of authorization of the
Supplier/Manufacturers.
iii. Experience and standing in the market.
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c) Particulars of the Purchase order/ Contracts executed with PSPCL and/or
performance certificates of having executed Purchase Order/Contract of other
State/ Central utilities.
d) Financial Position
i) Balance Sheet for the last 3 financial years, including Trading,
Manufacturing, Profit and Loss Account should be duly certified by charted
accountant.
ii) Copy of PAN Card of the firm and director(s) and IT returns of last 3 years
iii) Bank references
iv) Solvency certificate not more than 12 months old.

13. Any deviation in Technical and General Terms & Conditions must be indicated in
Annexure-V, otherwise it would be assumed that the material offered is entirely as
per enclosed Technical specification & General terms & conditions are acceptable
to the tenderer in totality. Any deviation found elsewhere in hard copy/soft copy but
not explicitly mentioned/referred in Annexure-V will be ignored and no
communication regarding the same shall be entertained later on.
14. Any firm offering discount on the quoted price after the opening of the tenders will
be out rightly rejected.
15. Negotiations if any will not be held except with the lowest tenderer (L-1)
16. If at any time competent authority desires, the contract can be short closed at any
time by giving one-month notice. No claim on this account shall be entertained.
17. All such Taxes, Duties, Levies and other Charges, for which Tenders will be silent,
the same will be assumed as per PSPCL Terms and Conditions and inclusive in the
rates/ prices quoted by the Tenderers.
18. All terms and conditions of PSPCL Purchase Regulations (applicable w.e.f
10.8.2017) amended up to date will be applicable.

-sd-
SE /IT (A & PM)
PSPCL, Patiala.
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Annexure-II

GENERAL INSTRUCTIONS TO BE OBSERVED BY TENDERERS

Tender Enquiry No: 224/DIT-1025 Dated: 28.11.2019

1. SUBMISSION OF TENDERS
Notwithstanding anything contained to the contrary in the specifications or tenders
or in subsequent exchange of correspondence, these conditions of contract shall be
binding on the contractor and any change or variation, expressed or implied,
however, made in the said conditions shall not be valid or operated unless
expressly approved by the competent authority. The contractor shall be deemed to
have fully informed himself and to have special knowledge of the provisions of the
conditions of contract here in contained.

2. PRICES
i) The prices should be „Firm' and should be quoted strictly in the Price Bid format
only.
ii) No deviation in any form in the Price Bid Performa is acceptable.
iii) Percentage/specified amount of taxes & duties should be clearly mentioned
otherwise PSPCL reserves the right to reject such offer.
iv) The total cost of the entire job should be inclusive of all prices as mentioned in the
enclosed Price Bid format.
v) No extra cost, other than that mentioned in Price Bid would be taken into account.
vi) The unit rates should be quoted F.O.R. destination through road transportation
which will be treated at par with F.O.R. destination.

3. VALIDITY
The offer should be kept valid for at least 120 days from the date of opening and
any withdrawal or modification of the offer shall not be permitted.

4. SECURITY
i) The successful tenderers shall be required to submit security deposit for faithful
execution of the Purchase Order/Contract at the rate of three percent (3%) of
ordered value rounded off to a multiple of Rs. 10/- on the higher side.
ii) Ordinarily, in the case of successful tenderers, the Earnest Money received with
the tender shall be converted into security deposit. If the amount of earnest
money received with tender falls short, the supplier shall be required to deposit
the additional amount.
iii) The Tenders having Permanent Earnest Money Deposit (PEMD) of Rs. 25 lacs
(Rs. Twenty Five Lacs) with PSPCL and hence exempted from depositing
Earnest Money with Tenders, shall also be required to submit security
Deposit @3% of ordered value in the form of Bank Guarantee/ Demand
Draft/ Cash within 30 days from the award of purchase order/contract.
iv) The following shall be exempted from depositing security against purchase
orders/contracts given to them :-
Public Sector undertakings owned by Pb. Govt./Central Govt./other State Govt.
supplying material directly through units owned by them subject to submission of
documentary evidence of Government ownership. Exemption shall not be
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applicable if the Tender is submitted for supply of material through private

unit/manufacturer.
v) On faithful execution of Purchase Order/Contracts in all respects, including
warranty period, if any, Security Deposit of the Contractor/Supplier shall be
released by the Contracting/Purchasing Agency. The refund shall be made within
30(thirty) days from the issue of security release order by the concerned
purchasing agency.
vi) In the event of default on the part of the Contractor/Supplier in the faithful
execution of Purchase Order/Contract his Security deposit shall be forfeited by
an order of the Contracting/Purchasing Agency under intimation to O/o CE/IT
who shall get the same uploaded & displayed on website of PSPCL. The
forfeiture of Security Deposit shall be without prejudice to any other rights arising
or accruing to the Board under relevant provisions of the purchase
Order/Contract like penalty etc. including suspension of business dealings with
PSPCL for a specific period.

5. DELIVERY SCHEDULE
The material shall be required to be delivered, Install/Configure within 30 days from
the date of receipt of Purchase Order.
The delivery shall be made at the O/o SE/IT (A & PM), Ground Floor, Head Office,
The Mall, PSPCL, Patiala with prior intimation to SE/IT (A & PM), PSPCL, Patiala
and after obtaining his consent.

6. TEST CERTIFICATE AND INSTRUCTION BOOK

The Supplier/Contractor shall be required to furnish the following certificates to
purchaser/consignee along with consignment:
a) Type test certificate/ Acceptance Test Certificates
b) Routine test certificate.

7. INSPECTION AND TEST

a) PSPCL shall inspect, examine and test the equipment/material through its official
(s) and/or through an outside agency nominated by the PSPCL at the
manufacturer‟s/ supplier‟s work, during or after the manufacture of goods prior to
dispatch, on receipt of clear notice of minimum two weeks in advance, to be
reckoned from the date of receipt by the purchaser. The supplier/Contractor shall
provide all facilities as may be required to carry out the test in accordance with
approved standards free of cost.
b) On receipt of material in O/o SE/IT (A&PM), PSPCL, PSPCL shall inspect the
material at random as per provision of the Purchase order/contract irrespective of
the fact whether or not; it has been inspected before dispatch. If the
shortage/deviation from declared quantity /specification is noticed, the same shall
be reported immediately by the consignee to the supplier, under intimation to all
concerned. In case of any failure of material during random checking, PSPCL
reserves the right to reject the entire lot at the risk and cost of the supplier.
c) The shortage/discrepancies so detected shall be applied on the full lot. In case
shortage/discrepancies, in particular lot supplied to various consignees, are also
noticed by different consignees, the above procedure shall be followed for joint
verification by each and all such consignees. The maximum
shortages/discrepancies detected by any of the consignees shall be applied to the
entire lot of material supplied to various consignees. In case of any failure of
 12

material during random checking, PSPCL reserves the right to reject the entire lot
at the risk and cost of the supplier.
d) In case of repeated shortages/discrepancies, the firm shall be liable for
suspension of business dealings/black listing. This is without prejudice to the other
rights arising/ accruing to the purchaser under various clauses of the Tender
specification & Purchase Order-Cum-Contract.

8. FAKE INSPECTION CALLS

The purchasing authority will get the material inspected and issue dispatch
instructions within 20 days of the date of receipt of call offering the material for
inspection or date of readiness of material, whichever is later. In case date of
readiness is not mentioned in the offer letter, then date of receipt of call shall be
considered as date of readiness of material. In case the inspecting officer finds on
arrival at the supplier's premises that the material less than 80% of the quantity
offered in the inspection call is ready for inspection or material of the firm is
rejected during testing/inspection, then the call shall be treated as fake call and the
firm shall be responsible to pay fake call charges @ 10% of the value of the
offered lot calculated as per P.O. rate subject to a maximum of Rs. 30,000/- per
such occasion. Besides this, a letter of warning shall be issued and it shall be
counted towards their performance for all intents and purposes. In case multiple
sizes are to be inspected against a single inspection requisition, then the fake call
charges shall be applicable on proportionate basis based on the PO value of items
which were offered by the firm for inspection.

9. PENALTY/ DAMAGES FOR DELAY IN DELIVERY

If the supplier fails to deliver and install/configure the material/equipment within
the stipulated delivery period of the purchase order/contract, the same is liable to
be rejected and if accepted, the Supplier shall be liable to pay penalty charges
@0.5% (half of one percent) of the cost of undelivered supply/ incomplete
equipment per week of delay or part thereof, not exceeding maximum limit of 10%
of the cost of complete unit of undelivered equipment so delayed.
There will be no slack period.

10. PENALTY TOWARDS UNSATISFACTORY SERVICES

In case it is established to the satisfaction of the PSPCL that the
support/maintenance services provided by the firm during any period within the
validity of contract are unsatisfactory, PSPCL may deduct an amount as deemed
suitable as penalty charges towards unsatisfactory services subject to a maximum
of 10% from the total payment due to the firm for the period for which the firm has
rendered unsatisfactory services. The decision of the Board in this connection shall
be final and binding on the firm

11. EXTENSION IN DELIVERY PERIOD

Any genuine delay in the approval of technical details, drawings, samples; issuance
of amendment to Work Order; carrying out inspection; approval of Test
Reports/Test Certificates issuance of dispatch instructions/ stations etc. will count
towards extension of the delivery period by corresponding period other than that
admissible under Force Majeure conditions, if any substantiated by the suppliers,
 13

and duly accepted by the Purchaser. No extension in delivery shall be granted in

case of delay in payment.

12. TERMS OF PAYMENT

(a) 95% payment of contract value pro-rata for each consignment of operationally
complete equipment/license dispatched, installed and configured (along with the
delivery of paper license/Electronic License with the pre-condition that the support
date is renewed in the system) after approval of Inspecting Authority/Test
Certificate etc. along with taxes & duties and Other Statutory levies as per
contract shall be paid within 45 days against receipted challans & submission of
requisite documents. The balance 5% Payment shall be kept as performance
Guarantee which shall be released after due receipt of Goods Receipt Note from
the concerned consignee(s) or expiry of three months from the date of receipted
challans & submission of requisite documents, whichever is earlier.
In case the due date of payment in terms of payment schedule falls on a
holiday including Sunday or holiday is subsequently declared on that date, the
payment shall be released on the first working day falling next to the due date.
(b) For delay in payments made by PSPCL beyond the stipulated period i.e. 45 days
then simple interest @ 10% shall be given to the suppliers for delayed period
subject to the condition that the delay in payment is more than seven days after
the stipulated period i.e. 45 days. However, all-out efforts shall be made to
prioritize the payment to all suppliers those come under MSMED Act-2006.

13. NEGLIGENCE AND DEFAULT

In case of any negligence on the part of a Supplier/Contractor to execute the
Purchase-order/Contract with due diligence and expedition and to comply with any
reasonable orders, pertaining to any contravention to the provisions of the
Purchase-order/Contract, given in writing by the purchaser, the purchaser may give
a 21 days-notice in writing to the Supplier/Contractor to make good the
failure/neglect/contravention. In the event the Supplier/Contractor fails to comply
with the notice within a timeframe considered to be reasonable by the purchaser,
the business dealings shall be suspended/ terminated with the firm by the purchaser
for a minimum period of three years or in extreme cases, the firm shall be
blacklisted forever by the purchaser.
Apart from the suspension/termination of business dealings/blacklisting of the
supplier/contractor, the purchaser shall also forfeit the security & other pending
payments of the Purchase Order/ Contract against which the supplier has defaulted,
in addition to PEMD/ EMD lying with the concerned organization.

14. FORCE MAJEURE

During the pendency of the Contract/Purchase Order, if the performance in
whole/part by either party or any obligation there under, is prevented/delayed by
causes arising out of any natural calamity, war, hostilities, civil commotion, acts of
the public enemy, sabotage, fire, floods, explosion, epidemics or non-availability of
Government controlled raw material under orders/ instruction of Central/State
Government regulations strikes, lock-outs, embargo, acts of Civil/Military authorities
or any other causes beyond their reasonable control, neither of two parties shall be
 14

made liable for loss or damages due to delay or failure to perform the contract
during the currency of Force Majeure conditions, provided that the happening is
notified in writing (with documentary proof) within 30 days from the date of the
occurrence.
The supplies shall be resumed under the contract as soon as practicable after the
happening (event) ceases to exist.

15. INTIMATION TO CHIEF ACCOUNTS OFFICER/DY. CHIEF ACCOUNTS

OFFICER AND SE/IT (A & PM)
The Suppliers will intimate in advance the probable date of dispatch through fax/
email regarding the actual date of R.R. to the Financial Advisor-cum-Chief
Accounts Officer/ Chief Accounts Officer/Deputy Chief Accounts Officer to enable
him to arrange payment, failing which demurrage, wharfage etc. will be to
Supplier‟s account. A copy of such intimation shall also be immediately sent to the
SE/IT (A & PM) and concerned Chief Engineer for reference, immediately.

16. WARRANTY
The supplier/Contractor shall be responsible to replace free of cost with no
transportation and insurance expenses to the purchaser upto the destination of
material/equipment, the whole or any part of the material; which under normal and
proper use and maintenance, proves defective in material or workmanship within
the warranty period mentioned in the technical specification. Such replacement
shall be affected by the Supplier/Contractor, within a reasonable time not
exceeding as per the OEM policy/48 hrs whichever is earlier of the intimation of
defects Suppliers/Contractor's responsibility arising out of supply of material or its
use whether on warranties or otherwise shall not in any case exceed the cost of
correcting the defects or replacing the defective part/material and upon the expiry
of the warranty period stipulated above, all such liabilities shall terminate.
The above provision shall equally apply to the material so replaced/repaired by the
Supplier/Contractor under this clause in case the same is again found to be
defective within specified warranty period of its replacement/repair.
“In case the replacement/repair of defective material is not carried out
within six months of intimation of defects, the supplier/contractor shall have to pay
interest@12% per annum on the value of each complete operational unit of
equipment beginning from the date its becoming defective upto date of its re-
commissioning after the replacement/repair.”

17. INSURANCE
i. The rates are required to be quoted on F.O.R. destination basis and it is the
responsibility of the supplier to deliver the goods in sound condition F.O.R.
destination and for that purpose the Supplier may at his option insure the material
against all risks at his own cost during transit for full delivered value of the
material up to destination. All works in connection with making and settling of
claims, if any, with Railway Authorities and or Insurance Company shall be
carried out by the Supplier/ Contractor for which no extra payment shall be made
by the PSPCL. However, necessary assistance required in connection with
making and settling of such claims, if any, shall be provided by the consignees.
 15

i. All damages and/or shortages during transit as covered by the insurance shall be
made good immediately on receipt of such information from the consignees
without waiting of settlement of claim. However, in case of apparent damages
and/or shortages, the consignees shall obtain the loss/damage certificate from
the concerned authority and send the same to the Contractors within a period of
thirty days from the date of receipt of material. A certificate shall be submitted by
the Supplier/ Contractors with each bill to the effect that the material has been
duly insured.
ii. The consignees shall report losses and damages to the firm within 30 days of
arrival of the equipment at the site. It will; however be the responsibility of the
supplier timely lodge claims on the insurance underwriters and to arrange
replacement thereof.
iv. The suppliers shall be wholly responsible for the loss, shortages, damages etc.
during transit. Such short supplied, damaged material etc. will have to be
replaced/repaired by Supplier/Contractor free of cost immediately without waiting
for maturing of the Supplier's/Contractor‟s claims with the Road
Transport/Railway Authorities regarding insurance.
In case replacement/repair of defective material is not carried out within six months
of intimation of damages, supplier shall have to pay interest @ 12% per annum on
the payments made by PSPCL, if any, from the date of its payment up to the date of
the re-commissioning of the equipment after replacement/repair or to the date the
default is made good.

18. GOODS AND SERVICE TAX

PSPCL is registered centrally in the state under GSTIN 03AAFCP5120Q1ZC.
i) GST, as applicable, will be paid as per prevailing provisions of GST Act & Laws
against submission of documentary proof at rate(s) prevailing during the
contracted delivery period on the basis of actual. The following certificates shall
have to be furnished along with invoice –cum- gate pass duly signed by the
authorized agent /signatory. The first invoice should accompany the specimen
signatures of the authorized signatory duly attested by the Managing Director of
the factory with a copy of orders regarding his appointment as authorized
signatory.
 Certified that the transaction on which the GST is claimed has been/shall be
included in the return submitted / to be submitted to the GST Authorities and
the amount claimed from the Punjab State Power Corporation Ltd. has been /
shall be paid to the GST Authorities.
 Certified that the goods on which GST has been charged have not been
exempted under GST Act or rule made there under and that the GST
charged on these goods is not more than what is payable under the
provisions of relevant act.
 Certified that we shall indemnify the Punjab State Power Corporation Ltd. in
case, it is found, at a later stage that wrong or incorrect payment had been
received on account of GST; the same will be refunded.
 Certified that we are registered dealer under the GST Act and our
Registration No. is
 16

ii) In case the GST is applicable and is required to be paid extra as referred to Para-
(i) above, the tenderer should clearly indicate HSN code of item along with present
rate (in percentage) applicable to their company.
iii) The maximum rate (in percentage) up-to which the GST may become leviable/
payable under the prevailing Rules & Regulations applicable to their company,
should also be clearly indicated in their tender.
iv) In case the GST is applicable /payable, necessary certificate of GST claimed/GST
Gate Pass duly authenticated by the authorized representative of GST Authorities,
shall however, be furnished by the supplier along with each consignment. The
supplier should, therefore, clearly indicate in their tender that whether such GST
Gate Passes/Certificates shall be furnished by them or not.
NOTE: The firms indicating nil or concessional rate of GST in their tenders (if any)
will have to absorb GST up to the full rate applicable at the time of tendering.
v) FURTHER any loss due to non-availability of ITC or levy of penalty/interest
payable by PSPCL on account of non-filling of return or non-compliance or any
miss-statement given under the provisions of GST ACT by the firms shall be
recoverable from them.
vi) Further GST at applicable rates on principal supply shall be payable on Freight
and Insurance.

19. INVOICING
The invoices along with other required documents should be submitted in
duplicate to SE/IT (A&PM), Head Office, The Mall, PSPCL, Patiala.

20. CHANGES
No variation or modification or waiver of any of the terms and provisions shall be
deemed valid unless mutually agreed upon in writing by both the Purchaser and
the Supplier.

21. CANCELLATION
The purchaser reserves the right to cancel the purchase order/ contract as a whole
or in part at any time without any financial liability on either side prior to the receipt
of intimation regarding taking in hand the manufacture of material.
During the pendency of the Purchase order/ contract, if lower rates are received
against the subsequent Tender Enquiry/Enquiries, then the supplier, whose overall
contractual delivery period has expired, shall be offered to supply the material at
either of the following rates, whichever is lower, along with any other terms and
conditions at variance from the conditions as contained in the original purchase
order, if any:
a) Rates payable as per the terms and conditions of the Purchase Order less
penalty as applicable
b) Rates received against subsequent Tender Enquiry/Enquiries
In case the supplier refuses to accept the offer, then the purchase order shall be
cancelled without any financial liability on PSPCL.
 17

22. ASSIGNMENT OR TRANSFER OF CONTRACT:

The contractor shall not without prior written approval of the Accepting Authority
assign or transfer the Contract or part thereof, any share, or interest therein to any
other person.

23. DEDUCTION OF AMOUNTS DUE TO PSPCL

Any excess payment made to the contractor inadvertently or otherwise under this
contract on any account whatsoever and any other sum found to be due to PSPCL
by the contractor in respect of this contract or any other contracts or work order or
on any account what-so-ever may be deducted from any sum whatsoever payable
by the PSPCL to the contractor either in respect of this contract or any work order
of contractor or on any other account by any other office of the PSPCL.

24. JURISDICTION
All legal and arbitration proceeding in connection with the purchase order cum
contract shall be subject to the territorial jurisdiction of the local courts at Patiala
only.

25. TAXES
Income tax and any other taxes imposed by the Govt. /Central Govt. /local bodies
will be deducted from the running bills as per rules.

26. ARBITRATION
a) If at any time any question, dispute or difference, whatsoever, shall arise,
between the Purchaser/PSPCL and the Contractors/Suppliers, upon or in
relation, to or in connection with the Purchase Order/Contract, either party may
forthwith give to the other, notice in writing of the existence of such question
dispute or difference and the same shall be referred for sole arbitration as per the
provisions of the Indian Arbitration Act,1996 (amended upto date) who shall give
a reasoned/speaking awards. The award of the Sole Arbitrator shall be final and
binding on the parties under the provisions of the Indian Arbitration Act, 1996
(amended upto date) and of the rules there-under. Any statutory amendment,
modification or re-enactment thereof for the time being inforce, shall be deemed
to apply to and be incorporated in the Contract/Purchase Order.
b) Upon every or any such reference, the cost and incidental expenses to the
reference and award shall be at the discretion of the Sole Arbitrator so appointed
who may determine the amount thereof or direct the same to be taxed as
between Solicitor and Client or as between party and party shall direct by whom
and to whom and in what manner the same is to be borne and paid.
c) The work under the Contract shall, if reasonably possible, be continued during
the proceedings of the arbitration and no payment due/ payable to the firm by the
Purchaser/PSPCL shall be with-held on account of such proceedings.

27. RESCISSION OF CONTRACT

The contractor shall not be assigned or sublet the contract without the written
consent of the Engineer-In-Charge and if the Contractor assigns or sublets his
contract or attempts to do so without consent of the Engineer or by any
proceedings is adjudicated as insolvent or makes any composition with creditors
 18

for their benefits or attempts to do so or if Engineer-In-Charge shall certify in

writing that in his opinion contractor: -
a) Makes default in concerning the work within a reasonable time from the date of
handling over the site and continue in that state after a reasonable notice from
Engineer-In-Charge.
b) In the opinion of the Engineer-in-charge at any time, whether before or after the
date or extended date for completion, make default in proceedings with the work,
with due diligence and continue in that state after a notice of seven days from
Engineer-In-Charge.
c) Fails to comply with any of the terms and conditions of the contract or after 7
days notice in writing with orders properly issued there-under.
d) Fails to complete the work, work order and items of work on individual dates for
completion and cleans the site on or before the date of completion or fails to
achieve the progress as set out in the contract.

28. All other General terms & conditions of PSPCL Purchase Regulations, 2017
amended upto date shall also be applicable. However specific terms & conditions
provided in the Specifications shall overrule the General terms & conditions in
case of any dispute.
29 REVERSE AUCTIONING (RA)
The following procedure and terms & conditions shall be applicable for Reverse
Auction in PSPCL:-
 All the Bidders shall be assigned a unique user name and password by e-
tendering agency of PSPCL. Bidders are advised to change the password
after the receipt of initial password from PSPCL to ensure confidentiality. All
bids made from Login IDs assigned to bidders shall be deemed to have been
made by bidders/bidders‟ company/ bidders' authorized representatives.
 Bidders shall be required to submit their acceptance to the stipulated terms
and conditions before participating in the R.A.
 Online Reverse Auction shall be conducted by PSPCL on pre–specified date
and time for duration of 1 Hour. The bidders may quote the bids from their
own offices /place of their choice. Internet connectivity is to be ensured by
bidders themselves.
 All bidders are required to submit their price bid along with submission of
Techno-commercial bid as per schedule. Only those bidders who submit their
original bids within the scheduled time and who are considered technically and
commercially eligible, shall be eligible to participate in RA process.
 The „Opening Price‟ i.e. start price for RA shall be decided by PSPCL. Bid
Decrement shall be 0.1% of L-1 Bid Price obtained against a particular tender
enquiry upon the opening of Price Bid of tender.
 Bidders shall be able to view the following on their screen along with the
necessary fields during Online Reverse Auction:-
a) Start Price
b) Decrement Value
c) Rank of the bidder
d) Current Bid value of the Bidder (Total Bid Price)
e) Best bid in the Auction (Current L1 price)
 19

f) Next Valid Bid (Total Bid Prices to be quoted in order to become L1)
g) Minimum Bid Price (Bidder to enter his minimum Bid Price here)
 Bidder may become 'L1 Bidder' by offering a price equal to or lower than the
'Next Valid Bid” and this shall continue as an iterative process.
 Auction Extension Time : If a valid bid is placed within 5 minutes of End Time of
the RA, then Reverse Auction duration shall get automatically extended for
another 5 minutes from the existing end time. It may be noted that the auto
extension will take place if a valid Bid comes in those last five minutes. If a bid
does not get accepted as the lowest Bid, the auto–extension will not take place
even if the bid might have come in last five minutes. The above process shall
continue till no valid bid is received in last 5 minutes which shall mark the
completion of reverse auction. The bidders are advised not to wait till the last
moment to enter their bid so as to avoid complications related to internet
connectivity, network problems, system crash down, Power failure etc. No
request for extension in time period of RA due to any of the above reasons shall
be entertained by PSPCL.
 If no bid is received within the specified time duration of the online RA, then
PSPCL shall reserve the rights to scrap the online RA process and proceed
with the L-1 Bid Price received through e-tendering for further processing.
 After completion of online Reverse Auction, the Closing Price (CP) shall be
considered as L1 rate for further processing including negotiations (if
required). Based on the final price quoted by bidders, the successful bidders
shall be required to submit summary of Final Price in prescribed format
(Summary of Final Price-Reverse auction, Uploaded by PSPCL in Excel
Sheet) within 2 hours of conclusion of the RA. In case a bidder fails to submit
the above Summary, then it may lead to cancellation of bid and call for action
against the bidder which may include forfeiture of EMD/PEMD and suspension
of business dealings etc.
 Proxy Bids:-
Proxy bidding feature is a pro-bidder feature to safeguard the bidders' interest
in event of internet failure or to avoid last minute rush. The proxy bidding
feature allows bidder to place an automated bid in the system directly in an
auction and bid without having to enter a new amount each time a competing
bidder submits a new offer. The bid amount that a bidder enters is the
minimum bid price that the bidder is willing to offer. Here, the software shall
automatically bid on behalf of the bidder who has quoted the lowest ”Minimum
Bid Price ”,the price which is one decrement less than the next bidder‟s bid
price. This obviates the need for the bidder participating in the bidding process
until the minimum bid amount is detrimentally reached by other bidders. When
any bidder quotes a price lower than the existing lowest bid amount ,the
bidder(who had earlier submitted lowest proxy bid) has an option to once
again start participating in the bidding process by quoting a price equal to or
lower than the next valid bid price. However it may please be noted that if the
current bid matches the minimum bid of the lowest bidder submitted earlier,
the bid submitted by the lowest bidder will be recognized as the L1 at that
instant. During the course of bidding, the bidder shall not be able to delete or
increase the proxy bid amount but can always reduce the same depending
upon the amount quoted by other bidders. Proxy bids are fed into the system
 20

directly by the respective bidders. As such this information is privy only to the
respective bidder(s).
 PSPCL shall reserve the rights to cancel/reschedule the RA process/ tender at
any time, with due intimation to all concerned, without assigning any reason.

-sd-
SE/IT (A & PM)
PSPCL, Patiala
 21

MINIMUM TECHNICAL SPECIFICATIONS

Compliance
SN Item Description (Yes/No)
Backup Solution each at DC and DRC should have backup software and Disk-Based Backup
Appliance comprising of 3/4/6 TB drives having minimum 150 TB usable capacity. The
1 usable capacity of the proposed appliance must be calculated after RAID 6 and without
deduplication & compression. The storage system should also be scalable to more than 250
TB usable capacity each at DC and DRC.
The backup solution should be compatible with various OS platforms capable of supporting
backup/ restores from various OS platforms including Windows, Linux /Solaris. Both Backup
2 Management Server, Media Server and Client software should be capable of running on all
these platforms.
The backup appliance must be configured as Disk Based Backup Target for PSPCL and may
3 have additional feature of emulated / configured as Virtual Tape Library (VTL) .

4 The backup solution must provide a GUI console for monitoring and management of the
complete backup infrastructure including Backup Software and Backup Appliance.
Backup solution should be a disk based backup appliance with dedicated hardware, OS,
5 security and storage. Vendor should include patch upgrade for backup software, backup
appliance, file system and security updates as and when released.
Backup solution must provide bare metal recovery, deduplication, encryption, database online
backup, backed up data replication etc. with installation of a single agent on clients. Multiple
6
agents/binaries should not be installed on the production servers to achieve all the above
features.
The backup solution must be able to perform agentless backup of VMware environment
7
without the need of any additional proxy host.
The backup solution must be capable of taking online backup of files, applications and
8 databases such as SAP ECC, MS SQL Server, Oracle, DB2, Sybase, MySQL, Exchange,
Sharepoint and open/distributed databases like MongoDB, Bigdata, Hadoop etc.
Backup Solution should support various levels of backup like full, incremental, differential,
9 synthetic and user driven backup along with various retention period.
The backup software must have 55 TB front-end data capacity license which includes agents
10 for all operating systems, applications and databases.The backup software must be of
capacity based license with all enterprise features and functionalities.
All the required or necessary licenses must be perpetual in nature. It should include licenses
11 for all the features such as deduplication, encryption, compression, cloud integration and
backed up data replication etc.
The backup software license should not be tied to the storage device. This means, if Backup
12 Appliance is installed at the DR site, then the appliance should not require separate
deduplication license or any other backup software license.
The backup solution shall be implemented and configured at both DC and DR. The solution
should support a configurable limit on the network bandwidth. If the primary site becomes
13 inoperable, the most recent version of each backed up file must be recoverable at the DR
site.
The backup appliance should have separate dedicated drives for operating system of
14 Appliance and shall not participate in space for data backup. It should have operating system
disks in mirroring and data disks on RAID 6 with at least 2 hot-spare disks.
Backup Solution should have capability to replicate all catalog information along with
15
replication of backup images to DR site.
The backup solution must support data protection of physical systems as well as virtual
16 environments.
The backup solution must have inbuilt capability to protect the backed up data from
17 malware/corruption.
The proposed solution must provide efficient data reduction by using fixed/variable block
18 length deduplication at the source as well as target side.
 22
The solution should support de-duplication at source side so that only changed blocks travel
19 through network to backup device. It should also provide Global deduplication across backup
jobs and different workloads.
The backup appliance must support rated write performance of minimum 10 TB per hour and
20 when enabled with source level de-duplication it must have rated write performance of atleast
40 TB/hr.
The disk based backup appliance must also support encryption functionality.To ensure data
21 security, the solution must support data encryption in flight and at rest using a minimum AES
256 bit encryption standard.
The solution should have the ability to perform optimized replication of deduplicated backup
22 data to the DR site.
23 The solution should support instant access and restore of the protected virtual machine.
The Backup solution should be fully integrated with VMware Change Block Tracking for both
24
backups and restore.
It must support VM image level backup as well as provide granular file, folder level
25
backup/restore ability.
The solution should be capable of integration with active directory infrastructure for ease of
26 user rights management along with role based access control to regulate the level of
management.
The backup solution must have in built advanced backup reporting capabilities at no
27 additional cost.

The backup solution should be sized appropriately for backup of current 55 TB data (DB &
filles) in approx. 8-10 hours as per below backup policies:
a. Daily full backup for all data – retained for 4 weeks.
b. Weekly full backup for all data – retained for 1 month.
28 c. Monthly full backup for all data – retained for 12 months.
d. Yearly full backup (for approx. 4 TB file data only) - to be retained for 3 years.
The solution should be quoted with adequate capacity with 10% YOY data growth for entire
duration of 3 years. Any additional software or backup storage capacity (in addition to
minimum 150 TB usable) or any other component required as per sizing needs to be provided
by the bidder.
The backup appliance must provide redundant hot swappable components like redundant
29 power supplies, fan modules, network modules, hot pluggable disk drives etc. for uniterrupted
working of the appliance.
The Backup software must be present as Leaders in the latest 5 published Gartner‟s Magic
30
Quadrant reports for backup software.

31 The backup solution should have minimal foot print in the Data Centre. The bidder must
provide details of the rack, power and cooling requirements.
One Time Design, implementation and knowledge transfer to be done by OEM's own
32
engineer before taking sign off.
The backup appliance should have the ability to perform different backup, restore, replication
jobs simultaneously and must support data transfers through 10 Gbps FC Ethernet SFP/SFP+
in current PSPCL HCI setup. The proposed disk appliance should be offered with minimum 2
33 x 1 Gbps Ethernet, 4 x 10Gbps Ethernet(SFP/SFP+) and 2 Fibre Channel ports of minimum 8
Gbps speed.

All required accessories viz. cables and connectors (SFP/SFP+) etc. are to be supplied by
the bidder. Further, additional servers (if required) shall be supplied by the bidder both at DC
34
and DRC to run the overall backup solution.

Complete solution must be offered with 3 years warranty & (24x7) support directly by the
35 OEM.
 23

Notes:
1. Bidder will be responsible for complete configuration of the equipment as per
requirement of PSPCL.
2. All the minimum technical specifications mentioned from serial no. 1to 35 must
be complied by the bidder in toto.
3. In any situation, the support services shall not be withdrawn during the warranty
period.

-sd-
SE/IT (A & PM)
PSPCL, Patiala
 24

Annexure-IV

SCHEDULE OF PRICES

Qty Unit GST GST Freight GST GST Any Any Total Total
rate (%) (Rs.) & on on F&I other other unit price
Insuran taxes taxes
F&I (in Rs.) Rate
Sr. Description / /duties
ce (F&I) (%)
No duties (in
(in Rs.) (in %) Rs.)

A B C D E=(C*D)/ F G H=(F*G)/ I J=(C*I)/ K= L=K*

100 100 100 (C+E+F+ B
H+J)

1 Backup 1
solution
(Appliance +
Software) for
Data Centre &
Disaster
recovery
Centre, PSPCL

Note:-
1) The L-1 bidder will be selected based on the lowest total price.
2) Current rates of taxes/duties to be indicated in the specified column given above.
3) Incomplete or partially quoted & conditional tenders shall be rejected.

The following certificate needs to be given along with the price bid:
1 Certified that I/We (M/S ) have read and
understood the terms and conditions of NIT and the tender specification
including scope of work & I/We undertake to abide by the same.
2 Certified that I/We have quoted the above rates after fully satisfying myself
/ourselves about the job involved and time frame in which the same has to be
executed. All the statutory levies such as GST and any other charges have
been included in the above rates.

Name
Designation

Seal of Company
 25

Annexure-V

STATEMENT OF DEVIATIONS
(To be filled by tenderer)

Tenderer shall carefully state below any and all points in this proposal which are
not in accordance with PSPCL‟s Technical Specification and the General Instructions:-
Sr. No. Para no. Technical Deviation, if any.
1.
2.
3.
contd…
Sr. No. Para no. Commercial Deviation, if any.
1.
2.
3.
contd…
Sr. No. Para no. General Deviation, if any.
1.
2.
3.
contd…

We hereby certify that the above mentioned are the only deviations from
Purchaser‟s aforesaid specifications and general conditions.

Dated.
Authorized Signatory

Name:

Designation:
Address and Seal of the firm

Note: The tenderer is to clearly indicate any deviation in technical & general terms and
conditions in this Annexure only. In case, the Technical Specification as well as General
conditions of Tender Specifications are acceptable in totality, the word „NIL‟ shall
invariably be put in the above Columns. In case, nothing is mentioned here then it shall
be presumed that there is no deviation in the offer and terms and conditions of the
specifications are acceptable to the bidder in totality. Any deviation found elsewhere in
hard copy/soft copy but not explicitly mentioned/referred above will be ignored and no
communication regarding the same shall be entertained later on.