Professional Documents
Culture Documents
Date: 05-08-2022
Section 7: General
Conditions of Contract
25.5 Utility will be indemnified for all the situations
25. Adherence to Refer RFP Document/RFP Condition
37 300 mentioned in this Article in the similar way as defined in
Safety Procedures, prevails .
Article 11.
Rules, Regulations and
Restriction
16.10 In case of Award of the ERPSI Contract, the detailed We request APDCL to take responsibility of
Project implementation plan, submitted as part of the providing any details required by us from the
Technical Bid, shall be revised, and submitted by the ERPSI, existing ERP service provider as we won't have Refer RFP Document/RFP Condition
94 37
in consultation with the Utility, to ensure smooth takeover access to the existing system and the existing prevails .
of existing Utility systems and any ongoing Services under service provider may not be any contractual
the scope of the ERP Project. obligation to provid necessary support to us.
e. Configuring the specific ERP modules, third party bolt-on Request you to define the number of interfaces To be finalised as per the
97 94 applications, development of interfaces wherever and and systems required as this involves huge requirement for succesful
whenever necessary. effort. completion of the project
We understand the study of existing documents
and processes as part AS-IS will be from the
• Study of Business Processes Document, reference To be finalised as per the
central location and no field visits are required.
98 95 documents prepared by functional team of APDCL and requirement for succesful
In case field visits are required, it be for sample
prepare/update AS-IS, TO-BE and GAP Analysis. completion of the project
offices based on mutual agreement. Please
confirm.
e) The Bidder needs to submit detailed CVs of each of the ERP SI will deploy resources from who are on its
resource and Project Manager of the proposed project payroll. However, we understand that, if
Refer RFP Document/RFP Condition
106 161 team. The Project team provided by the ERPSI must be on required, ERPSI will be allowed to engage Subject
prevails .
their regular roll and ERPSI shall certify the authenticity of Mater Experts who may or may not be on its
their regular employment. payroll. Please confirm.
Request you to consider annual ATS payment Refer RFP Document/RFP Condition
108 183 ATS Cost (OEM)
from the date of supply of ERP licenses prevails .
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
This project is of SAP Migration services. Hence
Brief scope of Work the scope should be limited to Migration,
As for the Software Defined-Wide Area Network (SDWAN) Implementation of SAP with its software
Refer RFP Document/RFP Condition
109 1.6 94 solution for ERP System, the ERPSI will assist the DISCOM licenses.
prevails .
in creating an RFP and handle the implementation and
O&M of the SD-WAN solution Please exclude scope of SDWAN from this RFP
and float separate RFP for this requirement
Qualification Requirements
The ERPSI should have at least CMM/CMMI level 5 valid
Please allow CMMI Level 3 certification from Refer RFP Document/RFP Condition
110 1.2 14 certification. In case of a consortium, this requirement
either party (ERPSI-Lead or ERPSI 2nd) prevails .
needs to be met by the ERPSI-Lead and ERPSI-2nd must be
ISO/ IEC-9001: 2008/2015 or above certified.
General Requirements
Generally, in migration project the existing
system is converted to the SAP HANA platform
For customizations which are not part of the functionality
without making changes or additions to the
of the offered product, ERPSI must keep level of
existing processes. The customizations will be
customization to a bare minimum depending upon offered Refer RFP Document/RFP Condition
119 3.1.1 d 96 limited to technical requirement for the
functionalities and best practices. This is important to prevails .
migration.
ensure that future upgrades, enhancements, and bug fixes
are not impacted. Every custom development must be
No additional customizations, configurations will
documented in detail and the code / script should be
be done as part of this project, kindly confirm.
properly annotated with comments.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
General Requirements
In the new ERP, as per industry standard practice, for any Do you have existing DMS operational? To be finalised as per the
121 3.1.1 n 97 scanned documents created by user, images shall be Do you want to replace this DMS with latest SAP requirement for succesful
stored outside the ERP database in a different file server as DMS like Open Text? completion of the project
a part of document management system and only the
document link shall be available in the ERP database.
16 (In case of a consortium, this requirement needs to be Different companies form consortiums to bring
met by the ERPSI-Lead.) different domain expertise available with each
of them on board. Having the restricted
clause will not solve the purpose of
Refer RFP Document/RFP Condition
134 forming consortium.
prevails .
Hence, we request to dilute this lead
bidder clause and allow the
credentials/certifications of all
consortium entities.
16 the offered ERP OEM Product must have been We request to consider:
implemented in a Central/State PSU or Govt. Organization Private sector experiences as well, Refer RFP Document/RFP Condition
135
or Power sector (Generation, Transmission or considering major scope of the work is prevails .
Distribution). migration related.
16 the offered ERP OEM Product shall have more than 500 The key scope of this RFP is SAP ECC
transactional userbase migration to S/4 HANA which involves
technical work especially in the area of BASIS
Refer RFP Document/RFP Condition
136 and ABAP; and it does not impact much on
prevails .
the user count.
Hence, we request to dilute the clause of 500
user base to 50 user base.
18-19 Bidder should have at least (1) turnkey project work The major scope of this RFP is of SAP
where bidder has implemented hardware/Cloud, software Migration services. Hence, we recommend
including licenses, network components etc. during the last following criteria to be considered-
(8) financial years, for a project value not less than INR i) SAP migration experience should be
24 crore considered as part of Qualification and
Refer RFP Document/RFP Condition
137 Technical evaluation
prevails .
ii) The key parameter of the evaluation
should be based on SAP
implementation/Migration experience rather
than hardware and related services experience
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
19 4.1 b SAP Migration process and methodology
remains the same for any type of
organization. Refer RFP Document/RFP Condition
138 4.1b
Hence, we request to give marks for prevails .
OEMProduct. “migration project in any sector” instead of
“ERP project in Power sector”
13 10. Post successful onboarding, the bidder shall assist There could be a possibility that selection
Refer RFP Document/RFP Condition
139 10 Assam Power Distribution of the “SDWAN service Provider” by
prevails .
Company Limited in procurement of SDWAN Services APDCL might get delayed due to various
Provider (SD-WANSP). After selection of competent complexities.
service providers for Network Services, Assam Power The delayed selection might have indirect effect
Distribution Company Limited (APDCL) will sign a on the ERPSI project milestone.
Refer RFP Document/RFP Condition
140 tripartite agreement with ERPSI and respective We understand APDCL will consider such delays
prevails .
service providers i.e., SD-WANSP. and will not penalize the ERPSI for the delay
not attributable because of ERPSI
94 As for the Software Defined-Wide Area Network (SDWAN) This project is of SAP Migration services. Hence
solution for ERP System, the ERPSI will assist the the scope should be limited to Migration,
DISCOM in creating an RFP and handle the implementation Implementation of SAP with its software
Refer RFP Document/RFP Condition
141 and O&M of the SD- WAN solution licenses.
prevails .
Please exclude scope of SDWAN from this RFP
and float separate RFP for this
requirement.
95 Detailed As Is Study and Designing ERP systems. Being Migration Project, areas of
ERPSI shall carry out As-Is Study for existing Enterprise improvement, end user competency is not
Architecture, IT Applications & Solutions, Utility applicable.
Business process, Cloud Infrastructure Solutions, Hence this criterion should be diluted
End user’s competency etc. along with requirement
gathering workshops to identify the Gaps and areas of
improvements in current state of APDCL. The ERPSI will Refer RFP Document/RFP Condition
142
take the necessary inputs and approval on the formulated prevails .
As-Is Status report from Stakeholders/Nodal Officers
of APDCL
184 14. Payment Terms SI’s need to pay 100% upfront/advance to the
ERP System Software (License Component) (ERP System OEM’s on supply of licenses by OEM.
Implementation Phase Cost – Part A) Hence, we request to pay 100% against this
component instead of staggered payments. Refer RFP Document/RFP Condition
143 14
This will avoid unnecessary “loading” of the prevails .
prices which will indirectly impact the budget of
the project.
Annexure B - Technical Specifications Desktops Type 1 (All We would request you to go for 12th Gen based
Refer RFP Document/RFP Condition
150 261 in One) - Processor Minimum 11th Gen Intel i3 @ 2.0 Ghz processor and the same has been launched and
prevails .
with 4 cores 6 MB cache or equivalent AMD processor available commercially in industry.
Annexure B - Technical Specifications Desktops Type 1 (All We would request you to go for Q series chipset.
Refer RFP Document/RFP Condition
151 261 in One) – Chipset System on Chip (SOC) or latest Please do not include B/H series as Q is
prevails .
(integrated chipset) technically higher than B/H
Annexure B - Technical Specifications Desktops Type 1 (All We would request you to go for minimum 8 GB Refer RFP Document/RFP Condition
152 261¶
in One) – RAM Minimum 4GB DDR4 expandable up to 8GB with expandability upto 64 GB prevails .
We would recommend 1 TB SATA for storage
Annexure B - Technical Specifications Desktops Type 1 (All Refer RFP Document/RFP Condition
153 261 and 256 GB NVMe SSD for OS and other
in One) – HDD Minimum 240 GB SSD prevails .
applications to be hosted on the same
We would recommend minimum 23.8” display
Annexure B - Technical Specifications Desktops Type 1 (All
for better user experience as it will be long Refer RFP Document/RFP Condition
154 261 in One) – HDD Minimum 18.5" Screen diagonal HD or
working hours and multiple screen viewing at the prevails .
higher
same point of time.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
Annexure B - Technical Specifications Desktops Type 1 (All We would request you to go for minimum 6 USB
in One) – Interfaces Minimum 2 USB (at least one should ports with 1 no. of USB Superspeed Type C. Also Refer RFP Document/RFP Condition
155 261
be USB 3.0), 1 Audio combo port for both Microphone and we would request for inclusion of dual internal prevails .
Headphone, 1 RJ45, 1 HDMI port speakers.
Annexure B - Technical Specifications Desktops Type 2 (All We would request you to go for Q series chipset.
Refer RFP Document/RFP Condition
160 261 in One) – Chipset System on Chip (SOC) or latest Please do not include B/H series as Q is
prevails .
(integrated chipset) technically higher than B/H
Annexure B - Technical Specifications Desktops Type 2 (All We would request you to go for minimum 6 USB
in One) – Interfaces Minimum 2 USB (at least one should ports with 1 no. of USB Superspeed Type C. Also Refer RFP Document/RFP Condition
164 261
be USB 3.0), 1 Audio combo port for both Microphone and we would request for inclusion of dual internal prevails .
Headphone, 1 RJ45, 1 HDMI port speakers.
Please confirm whether the FUE no and Payroll Refer RFP Document/RFP Condition
168
Form 13-Table 1 (Page users Mentioned here should be consdiered in prevails .
79) 79 ERP System License the Bill of Material in reponse to the RFP
Overview of ERPSI Scope of Work We request you to amend the clause as below
ERP System Software (License Component) (ERP System OEM Global License Policy is 100% Annual
Section 14, Clause Refer RFP Document/RFP Condition
182 182 Implementation Phase Cost – Part A) Advance. Hence, we request you to please
14.1.2 prevails .
amend the OEM License Payment as 100% Yearly
Advance
Banks by whom Bank Guarantee is required to be issued: Refer RFP Document/RFP Condition
196 3.3(a) 50 Bank Guarantee from scheduled foreign commercial banks like Bank of America should be acceptable
Scheduled Commercial Bank under RBI prevails .
Form 7 We submit our bids, subject to the deviations Refer RFP Document/RFP Condition
203 63
Covering Letter, provided in our proposal. prevails .
All Goods including any hardware, software or
3rd party material required for successful
completion of the project will be provided to the
APDCL on a resale basis. Bidder and APDCL shall
execute a resale agreement in the form and
format provided with Bidder’s proposal.
All terms and conditions corresponding to the
Goods or hardware, software or 3rd party
1.6 material (such as delivery, inspection, audit,
Scope of work: Supply performance, SLA, penalties, warranties,
204 94 Not Considered
of hardware and liabilities, solution uptime, functional guarantee
software etc.) shall be dealt under the relevant
documentation (EULA, Licensing term) between
the OEM and APDCL. For the purpose of clarity,
Bidder shall have no liability (including SLA,
solution uptime, resolution time for 3rd party
materials etc.) arising out of failure of any Goods
or 3rd party material (including
hardware/software). Details on the Resale model
with Template Resale Agreement is provided
The definition of “Applicable Law” should be
1, GCC, Definitions restricted to only those applicable to the Bidder Refer RFP Document/RFP Condition
205 270
and Interpretations and its business activities and the scope of work prevails .
under this RFP.
We request that all payment should be made
4, GCC, Contract Price withing 30 days from the date of invoice. Any Refer RFP Document/RFP Condition
206 274
and Payment delay thereafter shall attract a penalty of 15% for prevails .
any such delayed payment.
Bidder assumes that APDCL shall discuss the
delay penalty / liquidated damage at the
contracting stage. We request that the
Liquidated Damages provision in all cases should
cover the following in principle:
(i) Liquidated damages/Penalty to be the sole
and exclusive remedy of Owner against all
delays;
(ii) Such liquidated damages/penalty shall only
6, GCC, Liquidated
be imposed if the delays can be solely Refer RFP Document/RFP Condition
207 Damages, Penalty and 275
attributable to the acts of the Bidder; prevails .
Incentive
(iii) the maximum labiality of Bidder with respect
to all liquidated damages or Penalty mentioned
under this Agreement in aggregate to be [not
greater than 5%] of the cost of activity delayed;
(iv) Liquidated damages/penalty shall be counted
towards the overall liability of Bidder while
computing the overall liability of Bidder during
each phase;
(v) we would like to discuss incentives provision
15, Service Level We request APDCL to agree upon mutually
Agreement, agreed terms and conditions for SLA & SLA Refer RFP Document/RFP Condition
208 186/275
7, GCC, SLA and SLAs metrics/penalties at the time of contract prevails .
audit, negotiations.
We will be unable to provide both warranty and
indemnity for infringement of third-party IP
rights as it will be supplied on a resale basis as
9, GCC, Intellectual explained under Point No. 5 above. All third- Refer RFP Document/RFP Condition
209 278
Property, party products related warranty and indemnity prevails .
will be covered through End User License
Agreement to be agreed between Utility and ERP
OEM Vendor
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
We wish to submit that we provide indemnity
only in respect of third party claims for bodily
injury or real or tangible personal property
damage caused by Bidder’s gross negligence or
willful misconduct during the performance of its
services, and third party IP infringement by
Bidder's scope of services only, with a sole
remedy to client being to repair, replace or
refund fees. We do not provide indemnity
11, GCC, Liability / against any contractual commitment, as such Refer RFP Document/RFP Condition
210 288
Indemnity, there is no requirement for indemnity to claim prevails .
damages for any contractual breach.
We suggest below alternate provision which is
suitable to the scope of services under the RFP
and same will address the concern of APDCL.
“Bidder (the “Indemnifying Party”) will indemnify
and defend APDCL, its parents, subsidiaries,
affiliates, successors, and their directors, officers,
employees, agents and representatives
(collectively the “Indemnified Parties”), from and
We would like to submit that there should not
be any exception to the disclaimer of indirect
and consequential losses. Hence, we suggest
below modified provision for consideration:
11.6 LIMITATION OF LIABILITY
11.6.1 Except in cases of gross negligence or
willful misconduct:
Neither Party shall be liable to the other Party for
any indirect or consequential loss or damage,
11, GCC, Limitation of loss of use, loss of production, or loss of profits Refer RFP Document/RFP Condition
211 290
Liability or interest costs, provided that this exclusion prevails .
shall not apply to any obligation of the ERPSI to
pay liquidated damages to the Utility; and
Except in cases of gross negligence or willful
misconduct: The aggregate liability of the ERPSI
to the Utility, whether
under the Contract, in tort, or otherwise, shall
not exceed the Contract Price. Provided that this
limitation shall not apply to the cost of repairing
or replacing defective equipment, or to any
We wish to clarify that service warranty period
for IT services as per standard market practice is
30 days. Hence, we request to modify warranty
Refer RFP Document/RFP Condition
212 17, GCC, Warranty 298 period from 5 years to 30 days. Also, it is
prevails .
relevant fact that there are requirement of 5
years comprehensive support services, which in
any case will address the concern of APDCL.
We request for deletion of the non-exhaustive
list of compliance with various laws, acts and
regulations. Bidder request to delete the
25, GCC, Adherence to requirement of signing a undertaking in this
safety procedures, regard. We propose a simple language for Refer RFP Document/RFP Condition
213 300
rules, regulations and compliance with laws: prevails .
restrictions, Each Party will retain responsibility for
compliance with all central, state and local laws
and regulations applicable to their respective
businesses.
We wish to clarify that the security services
6.1.1.3. IT /Cyber Refer RFP Document/RFP Condition
214 122-127 requirements need to be mutually discussed and
Security Audit, prevails .
agreed upon at the contracting stage.
We wish to submit that there should not be any
18.2, GCC, Change in cap on adjustment of fees arising out of change Refer RFP Document/RFP Condition
215 299
Laws, read with SCC, in laws and regulations, that impacts the costing prevails .
under the RFP.
The scope indicates the implementation of GRC.
Since the scope is SAP ECC migration to SAP Rise
3.1.3 ERP function Will be shared with selected ERPSI
216 100 9. Governance Risk and Complinace(GRC) S/4 HANA.
Requirements as and when required
A) Please confirm whether SAP GRC solution is
planned to be implemented