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Response to Queries of All Potential Bidders

Selection of System Integrator for Supply, Installation,


Commissioning, Implementation and Support for Upgradation of SAP-
Enterprise Resource Planning (ERP) System’’

RFP No-APDCL/NO-ERP/RDSS/ERP/2022-23/01 dtd. 12.07.2022

Date: 05-08-2022

Assam Power Distribution Company Limited email: pmu.erp@apdcl.org


Bijulee Bhawan, Paltan Bazar, Guwahati-781001,
Assam
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response

The Bidder should have been in the IT / Software


services for the last 10 years. Further, the bidder
should have successfully implemented One/Two
or Three ERP
Projects (based on the credentials submitted, of
24 cr +, 15 cr + or 12 Cr+ respectively) of the
The Bidder should have been in the IT / Software services
offered ERP OEM Product in India
for the last 10 years. Further, the bidder should have
in last 10 years.
Section 2 Clause 3.1 of successfully implemented Three ERP
Refer RFP Document/RFP Condition
1 Credentials and 16 Projects of the offered ERP OEM Product in India in last 10
Further, in all the one/two or three projects prevails
Experience years…..
mentioned above-…..
Further, in all the three projects mentioned above-…..
Modules….Any additional module in case of
Modules….Any additional module in case of further
further addition of
addition of Module…..
Module with functions of Operations and
Maintenance, Project Management, Quality
Management, plan to deliver, Purchase to stock,
Purchase to order, Order to cash, finance.

Bidder should have at least (1) turnkey project


Bidder should have at least (1) turnkey project work where
work where bidder has
bidder has
implemented hardware/Cloud, software
implemented hardware/Cloud, software including licenses,
including licenses, network
network
Section 2, Point no 12, components etc. during the last (8) financial
components etc. during the last (8) financial years, for a
Clause 3 Turnkey years, for a project value not less than INR 24
2 18 project value not less than INR 24 crore Refer to Corrigendum
System Integration crore
Max marks 15
(TSI) Experience Max marks 10
• One (1) project – 8 Marks
• One (1) project – 7 Marks
• Two (2) projects – 9 Marks
• Two (2) projects – 8 Marks
• Three (3) projects – 10 Marks
• Three (3) projects – 9 Marks
• Four (4) projects – 15 Marks
• Four (4) projects – 10 Marks
The bidder should have successfully
implemented at least one/two or three ERP
Projects of the offered ERP OEM product in India
The bidder should have successfully implemented at least
in last 8 years with
three ERP
at least 500 ERP licenses in each project.
Projects of the offered ERP OEM product in India in last 8
Section 2, Point no 12, Further, in all the one/two or three projects
years with
Clause 4.1 (ERP mentioned above Refer RFP Document/RFP Condition
3 19 at least 500 ERP licenses in each project.
Implementation prevails .
Further, in all the three projects mentioned above…
Experience) Modules….Any additional module in case of
further addition of
Modules….Any additional module in case of further
Module with functions of Operations and
addition of module
Maintenance, Project Management, Quality
Management, plan to deliver, Purchase to stock,
Purchase to order, Order to cash, finance.

Total number of ERP projects implemented:


• 2 ERP projects – 3 Marks
• 3 ERP projects – 5 Marks
Section 2, Point no 12, In case the bidder is giving only one project for
Total number of ERP projects implemented:
Clause 4.1a (ERP qualification, then the other additional one or
4 19 • 2 ERP projects – 3 Marks Refer to Corrigendum
Implementation two projects need not be of 500 ERP licenses,
• 3 ERP projects – 5 Marks
Experience) however need to be from a Central/State PSU or
Govt. Organization or Power sector
(Generation, Transmission or Distribution) and
should have the modules as described above.

ERP project in Power sector – 3 Marks.


• Additional 1 mark – Implemented in India
• Additional 1 mark – Implemented with offered
ERP OEM
Section 2, Point no 12, ERP project in Power sector – 3 Marks. Product.
Clause 4.1b (ERP • Additional 1 mark – Implemented in India
5 19 Refer to corrigendum
Implementation • Additional 1 mark – Implemented with offered ERP OEM To clarify, the project given above maybe from
Experience) Product. any one of the credentials submitted, of the
bidder can also give additional project for the
above. The additional project is not required to
fulfil the criteria of being in PSU sector, with 500
users or required modules.

The bidder must have at least more than 300 full


The bidder must have at least more than 500 full time
time resources of the proposed ERP OEM
resources of the proposed ERP OEM product. Additionally,
11. Qualifying product. Additionally, bidder must have at least
bidder must have at least 10 OEM certified resources of Refer RFP Document/RFP Condition
6 Requirements, Clause 14 10 OEM certified resources of each proposed
each proposed module of the proposed ERP OEM Product. prevails .
1.5 module of the proposed ERP OEM Product.
In case of a consortium, the requirement may be met
In case of a consortium, the requirement may be
jointly by ERPSI-Lead and the ERPSI-2nd
met jointly by ERPSI-Lead and the ERPSI-2nd

The Bidder(s) should have implemented at least


The Bidder(s) should have implemented at least One (1) One (1) Turnkey IT System Integration (TSI)
Turnkey IT System Integration (TSI) project including supply project including supply of Hardware/cloud
of Hardware/cloud services, Software, licenses along with services, Software, licenses along with
installation, configuration, customization, implementation, installation, configuration, customization,
11. Qualifying Roll Out as well as providing FMS services / System implementation, Roll Out as well as providing
Refer RFP Document/RFP Condition
7 Requirements Clause 15 Operation services during the last Ten (10) financial years, FMS services / System Operation services during
prevails .
3 worth at least INR. 24 Cr. OR, the last Ten (10) financial years,
two projects each costing not less than the amount equal worth at least INR. 15 Cr. OR,
to INR. 15 Cr. OR, two projects each costing not less than the
three projects each costing not less than the amount equal amount equal to INR. 12 Cr. OR,
to INR. 12 Cr.. three projects each costing not less than the
amount equal to INR. 9 Cr..
11. Qualifying
the offered ERP OEM Product shall have more than 500 the offered ERP OEM Product shall have more Refer RFP Document/RFP Condition
8 Requirements Clause 15
transactional userbase than 100 transactional userbase prevails .
3.1
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
Bidder should have at least (1) turnkey project
Bidder should have at least (1) turnkey project work where
work where bidder has
12. Technical bidder has
implemented hardware/Cloud, software Refer RFP Document/RFP Condition
9 Evaluation Criteria 18 implemented hardware/Cloud, software including licenses,
including licenses, network components etc. prevails .
Clause 3.1 network components etc. during the last (8) financial years,
during the last (8) financial years, for a project
for a project value not less than INR 24 crore
value not less than INR 15 crore
The bidder should have successfully
The bidder should have successfully implemented at least
implemented at least three ERP Projects of the
12. Technical three ERP Projects of the offered ERP OEM product in India
offered ERP OEM product in India in last 8 years Refer RFP Document/RFP Condition
10 Evaluation Criteria 19 in last 8 years with at least 500 ERP licenses in each
with at least 100 ERP licenses in each project. prevails .
Clause 4.1 project.
Further, in all the three projects mentioned
Further, in all the three projects mentioned above, -
above, -

The Bidder should provide detailed information


on any litigation or arbitration arising out of its
The Bidder should provide detailed information on any
completed contracts or contract under execution
litigation or arbitration arising out of its completed
during the last five years with Assam Power
contracts or contract under execution during the last five
Distribution Company Limited. A history of
years with Assam Power Distribution Company Limited. A
awards involving litigations against the Bidder, or
Section 1. Request for history of awards involving litigations against the Bidder, or Refer RFP Document/RFP Condition
11 9 any part or JV may result in rejection of bid. The
Proposal Notice 8 any part or JV may result in rejection of bid. The Bidder prevails .
Bidder should furnish the self-declaration stating
should furnish the self-declaration stating the above and
the above and upload the same along with the
upload the same along with the other documents in the
other documents in the relevant field in the e-
relevant field in the e-procurement portal, failing which the
procurement portal, failing which the offer is
offer is liable to be rejected
liable to be rejected Please clarify. Request to
review.

If the information furnished by the Bidder found to be false


at any stage of tendering / execution, then Assam Power If the information furnished by the Bidder found
Distribution Company Limited (APDCL) at its discretion may to be false at any stage of tendering / execution,
act against such Bidder. If false information is found at the then Assam Power Distribution Company Limited
Tendering stage Assam Power Distribution Company (APDCL) at its discretion may act against such
Limited (APDCL), may forfeit the EMD paid, disqualify the Bidder. If false information is found at the
offer of such Bidder, blacklist the Firm etc. If false Tendering stage Assam Power Distribution
Section 1. Request for Refer RFP Document/RFP Condition
12 9 information is found at execution stage, then Assam Power Company Limited (APDCL), may forfeit the EMD
Proposal Notice 9 prevails .
Distribution Company Limited (APDCL), may cancel the paid, disqualify the offer of such Bidder. If false
works awarded, forfeit the Bank Guarantee furnished information is found at execution stage, then
against the performance of the contract, blacklist the Firm, Assam Power Distribution Company Limited
besides initiating action for recovery of excess money paid (APDCL), may cancel the works awarded, forfeit
by Assam Power Distribution Company Limited (APDCL), if the Bank Guarantee furnished against the
any after getting the works executed from other performance of the contract.
contractors, levy liquidated damages etc.

If at any stage of the bidding, any order/ ruling is


If at any stage of the bidding, any order/ ruling is found to found to have been passed in the last 1 (one)
have been passed in the last 1 (one) year preceding the Bid year preceding the Bid submission deadline by a
submission deadline by a competent Court of Law or any competent Court of Law or any appropriate
appropriate Commission or any Arbitral Tribunal against Commission or any Arbitral Tribunal against the
the Sole Bidder/ Lead Bidder/ any Consortium Members or Sole Bidder/ Lead Bidder/ any Consortium
its Affiliates for breach of any Contract awarded by any Members for breach of any Contract awarded by
Section 2. Eligibility
Government agency/department, then Bids from such any Government agency/department, then Bids Refer RFP Document/RFP Condition
13 and Qualification 11
Bidders shall be liable to be rejected. All Bidders shall from such Bidders shall be liable to be rejected. prevails .
Requirements 2
confirm in accordance to Form 7 given in Section 4 that no All Bidders shall confirm in accordance to Form 7
such order(s)/ ruling(s) have been passed by a competent given in Section 4 that no such order(s)/ ruling(s)
Court of Law or an appropriate Commission against it or its have been passed by a competent Court of Law
Affiliates. In case of any such order/ ruling, it is the duty of or an appropriate Commission against it or its
the Bidder to inform Utility for the same during the Bid Affiliates. In case of any such order/ ruling, it is
submission. the duty of the Bidder to inform Utility for the
same during the Bid submission. .

To be eligible to bid, the Bidders must ensure


To be eligible to bid, the Bidders must ensure compliance compliance to the following, failing which they
Section 2. Eligibility to the following, failing which they shall not be eligible: shall not be eligible: Restrictions under Rule 144
Refer RFP Document/RFP Condition
14 and Qualification 11 Restrictions under Rule 144 (xi) of GFR 2017: Restrictions (xi) of GFR 2017: Restrictions on procurement
prevails .
Requirements 4 on procurement from a bidder of a country which shares a from a bidder of a country which shares a land
land border with India. border with India. Please clarify. Request to
review.

3. The Financial evaluation of bidder shall be


3. The Financial evaluation of bidder shall be carried out
carried out based on the Total cost of ERP
Section 2. Eligibility based on the Total cost of ERP System = ERP System
System = ERP System Implementation Phase Cost
and Qualification Implementation Phase Cost + ERP System Operation and
+ ERP System Operation and Maintenance Phase
Requirements 13. Bid Maintenance Phase cost for 5 Years as detailed in the Form Refer RFP Document/RFP Condition
15 21 cost for 5 Years as detailed in the Form 2 of
Opening and 2 of Section 5. After the standard ATS and FMS period of 3 prevails .
Section 5. After the standard ATS and FMS
Evaluation years, APDCL can choose to extend the service for
period of 3 years, Both the parties with mutual
Methodology additional 2 years at the same rates as quoted in the
consent may extend the service for additional 2
Financial Breakup of Cost Components (Form 2 - Section 5).
years at the mutually agreed rates
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
7.6 The Bidders must conform to the requirements and 7.6 The Bidders must conform to the
provide a list of equipment (including any special requirements and provide a list of equipment
equipment) necessary to meet the technical specifications, (including any special equipment) necessary to
functional & performance requirements as specified in the meet the technical specifications, functional &
Section 6 of RFP Document as per the format provided in performance requirements as specified in the
Form 14 in Section 4. The equipment supplied shall confirm Section 6 of RFP Document as per the format
to all the requirements under all applicable laws including provided in Form 14 in Section 4. The equipment
any order issued by the central government including supplied shall confirm to all the requirements
Section 3. Instructions
Order No No.9/16/2016-Trans-Part (2) dated 18 November under all applicable laws including any order
to Bidders and Bid
2020 and Order No. 11/05/2018-Coord. dated 17 issued by the central government including Refer RFP Document/RFP Condition
16 Data Sheet 7. General 30-31
September 2020 issued by Ministry of Power and Order Order No No.9/16/2016-Trans-Part (2) dated 18 prevails .
Consideration s and
No. F/No.6/18/2019-PPD by Ministry of Finance, November 2020 and Order No. 11/05/2018-
Instructions
Department of Expenditure, Public Procurement Division Coord. dated 17 September 2020 issued by
dated 23 July 2020 including any amendments or Ministry of Power and Order No. F/No.6/18/2019-
modifications to the same from time to time. 7.10 An PPD by Ministry of Finance, Department of
analysis of the technical specifications, functional and Expenditure, Public Procurement Division dated
performance requirements of the ERP system as provided 23 July 2020 including any amendments or
in Section 6 may lead the Bidders to conclude that modifications to the same from time to time.
additional items of hardware, software and/or services (for Please clarify. Request to review. 7.10 An
example communication repeater, router etc.) are required analysis of the technical specifications, functional

12.8 The Bid Security may be forfeited if 1. the


12.8 The Bid Security may be forfeited if 1. the Bidder
Bidder withdraws/ modifies/ substitutes its Bid
withdraws/ modifies/ substitutes its Bid during the period
during the period of Bid validity as specified in
of Bid validity as specified in ITB 12.1 or any extension
ITB 12.1 or any extension thereto provided by
thereto provided by the Bidder; 2. bid is rejected for
the Bidder; 2. 3. bid submitted by a Consortium
existence of conflict of interest, or more than one bid being
is not accompanied by Consortium Agreement in
Section 3. Instructions submitted by a Bidder; 3. bid submitted by a Consortium is
the form provided in this RFP. 4. The Selected
to Bidders and Bid not accompanied by Consortium Agreement in the form
Bidder: o fails to sign the ERPSI Contract on Refer RFP Document/RFP Condition
17 Data Sheet 12. 32-34 provided in this RFP. 4. The Selected Bidder: o fails to sign
mutually agreed terms and conditions; or o fails prevails .
Proposal / Bid Validity the ERPSI Contract; or o fails to furnish a Performance
to furnish a Performance Security in accordance
& Bid Security Security in accordance with ITB 29; or is found to have
with ITB 29; or is found to have submitted false
submitted false particulars/ fake documents; or o refuses
particulars/ fake documents; or o refuses to
to execute the work at its agreed scope/quoted rates, after
execute the work at its agreed scope/quoted
Utility issues the Letter of Award; o is involved in incidents
rates, after Utility issues the Letter of Award; o is
of manipulation of rates either by cartelization or
involved in incidents of manipulation of rates
otherwise.
either by cartelization or otherwise.

17.3 Subject to increase in taxes, duties, levies,


17.3 Unit prices (exclusive of all taxes/ duties/ levies/ cess introduction of new taxes, increase in minimum
etc.) (as provided in Form 1 given in Section 5) quoted by wages etc, Unit prices (exclusive of all taxes/
the Bidder shall be firm and final and shall remain constant duties/ levies/ cess etc.) (as provided in Form 1
throughout the Contract Period and shall not be subject to given in Section 5) quoted by the Bidder shall be
any modifications. 17.4 Any items or prices omitted by the firm and final and shall remain constant
Bidder, if incurred at a later stage by the Bidder, within the throughout the Contract Period and shall not be
scope of work as provided in the ERPSI Contract, shall be subject to any modifications. 17.4 Any items or
Section 3. Instructions
borne by the Bidder with no financial liability on Utility. prices omitted by the Bidder, if incurred at a later
to Bidders and Bid
17.5 Any scope of work required for expansions during the stage by the Bidder, within the scope of work as Refer RFP Document/RFP Condition
18 Data Sheet 17. 38
Contract Period shall be supplied by the ERPSI keeping the provided in the ERPSI Contract, shall be borne by prevails .
Financial Bid/ Proposal
specifications and unit price same as per the List of the Bidder with no financial liability on Utility.
Format and Content
Material and Services (as provided in Form 13 given in 17.5 Any scope of work required for expansions
Section 4) and Financial Bid (as provided in Form 1 given in during the Contract Period shall be supplied by
Section 5), respectively. 17.6 All prices in the Financial Bid the ERPSI keeping the specifications and unit
shall be quoted in Indian Rupees. The Bidder shall bear the price same as per the List of Material and
risk related to foreign exchange variations during the Services (as provided in Form 13 given in Section
Contract Period. The variation in the statutory taxes will be 4) and Financial Bid (as provided in Form 1 given
in accordance with the ERPSI Contract. in Section 5), respectively. 17.6 All prices in the
Financial Bid shall be quoted in Indian Rupees.
(i) “ERPSI Contract” or “Contract” shall mean this
Contract entered into between, Selected
(i) “ERPSI Contract” or “Contract” shall mean this Contract Bidder(represented by the ERPSI-Lead acting for
entered into between, Selected Bidder(represented by the and on behalf of the consortium if the Selected
ERPSI-Lead acting for and on behalf of the consortium if Bidder is a consortium) and the Utility for
Section 7: General
the Selected Bidder is a consortium) and the Utility for undertaking the ERP Project and is the legally
Conditions of Contract
undertaking the ERP Project and is the legally binding binding written agreement signed by the Parties Refer RFP Document/RFP Condition
19 1. Definitions and 270-272
written agreement signed by the Parties and which and which includes all the attached documents prevails .
Interpretations , (a)
includes all the attached documents listed in its paragraph listed in its paragraph 1 of the Form of Contract
Definitions
1 of the Form of Contract (the General Conditions (GCC), (the General Conditions (GCC), the Special
the Special Conditions (SCC), and the Appendices, Conditions (SCC), and the Appendices,
Attachments, Annexures etc.) Attachments, Annexures etc.) mutually discussed
and agreed by the parties. Request to change the
clause as above.

2.1 EFFECTIVENESS AND TERM 2.1.1 This


Contract shall come into force and effect on the
2.1 EFFECTIVENESS AND TERM 2.1.1 This Contract shall date of execution of the Contract by the Parties;
come into force and effect on the date of execution of the 2.1.2 Unless terminated earlier by either Party or
Contract by the Parties; 2.1.2 Unless terminated earlier by extended by both parties with mutual consent in
either Party or extended by the Utility in accordance with accordance with the terms of this Contract, this
Section 7: General
the terms of this Contract, this Contract shall continue in Contract shall continue in full force and effect
20 Conditions of Contract 273 RFP condition prevails.
full force and effect until the earlier of (a) 5 (five) years until the earlier of (a) 5 (five) years from the date
2. The Contract
from the date of execution of the Contract 2.1.3 The of execution of the Contract This seems to be
Utility, at its own discretion, may extend the operation and incomplete, as only “a” is provided. Please clarify
maintenance period of the ERP system at terms mutually 2.1.3 Both the parties with mutual consent may
agreed upon with the ERPSI. extend the operation and maintenance period of
the ERP system at terms mutually agreed upon
with the ERPSI.
3.1 The ownership, rights and title to the ERP
Section 7: General
3.1 The ownership, rights and title to the ERP system and system and other equipment installed by ERPSI
Conditions of Contract
other equipment installed by ERPSI for operation of the for operation of the ERP system pursuant to this Refer RFP Document/RFP
21 3. Rights, Title and 273
ERP system pursuant to this Contract shall vest with Utility Contract shall vest with Utility during the entire conditions prevail
Interest to ERP System
during the entire Term of Contract Term of Contract Request to review, please
and Equipment
clarify
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
4.1 PAYMENT MECHANISM 4.1.2 Except in case of Change Order 4.1 PAYMENT MECHANISM 4.1.2 Except in case
in accordance with Article 13 of this Contract, the sum total of all
of Change Order in accordance with Article 13 of
payments made to the ERPSI shall not exceed the Contract Price
this Contract, change in laws, increase in
quoted in Article 4.1.1 4.1.4 ERPSI will raise and deliver the
invoice and the Deliverables mentioned above to the Utility for minimum wages, the sum total of all payments
the monthly payments within first 5 (five) working days of every made to the ERPSI shall not exceed the Contract
month. ERPSI shall also raise a supplementary invoice for the Price quoted in Article 4.1.1 4.1.4 ERPSI will raise
agreed amount towards software change requests/new and deliver the invoice and the Deliverables
requirements completed in the previous month, in accordance mentioned above to the Utility for the monthly
Section 7: General with Article 13.1 of this Contract. Utility will review the ERPSI payments within first 5 (five) working days of
invoice raised by the ERPSI and the Deliverables including the SLA
Conditions of Contract every month. ERPSI shall also raise a Refer RFP Document/RFP Condition
22 274-275 performance report, in accordance with Article 7, within 5 (five)
4. Contract Price and working days from the invoice and SLA performance report
supplementary invoice for the agreed amount prevails .
Payment delivered by the ERPSI. Utility may dispute the amount payable towards software change requests/new
and shall pay the undisputed amount of the payment due via requirements completed in the previous month,
direct debit facility (as specified in Article 4.1.7) from the 11th in accordance with Article 13.1 of this Contract.
(Eleventh) working day of every month till the 10th (tenth) Utility will review the ERPSI invoice raised by the
working day of succeeding month (i.e., 30 days after the approval ERPSI and the Deliverables including the SLA
of invoice). The disputed amount, (related to penalty imposed due
performance report, in accordance with Article 7,
to non-compliance of SLAs, and liquidated damages), shall be
within 5 (five) working days from the invoice and
dealt as per Article 13 of this Contract. 4.1.5 In the event the
ERPSI fails to meet a particular performance criterion as SLA performance report delivered by the ERPSI.
mentioned under the Service Level Agreement (SLA) specified in Utility may dispute the amount payable and shall
5.1 The ERPSI has furnished Performance
5.1 The ERPSI has furnished Performance Security in the
Security in the form of an irrevocable bank
form of an irrevocable bank guarantee valid up to a period
guarantee valid up to a period of 3 (three)
of 6 (six) months beyond the end of the Contract Period or
months beyond the end of the Contract Period
extended thereafter, for the amount indicated in SCC on
or extended thereafter, for the amount indicated
the prescribed format. However, in case of delay in
in SCC on the prescribed format. However, in
Installation Milestone, the validity of the initial
case of delay in Installation Milestone, the
Performance Security shall be extended by the period of
validity of the initial Performance Security shall
such delay. In the event delay is solely due to acts and/ or
Section 7: General be extended by the period of such delay
omission of the Utility cost of extending the validity of
Conditions of Contract provided the delay is for the reasons which are Refer RFP Document/RFP Condition
23 275 Performance Security shall be reimbursed to the ERPSI by
5. Performance solely and entirely attributable to ERPSI and not prevails .
the Utility. 5.5 In case of any delay by the ERPSI in
Security due to reasons attributable to Utility and/or its
performing the activities of the scope of work with respect
other vendors or due to reasons of Force
to the Project Implementation Schedule, then upon
Majeure. In the event delay is solely due to acts
Utility’s request, the ERPSI shall extend the validity of the
and/ or omission of the Utility cost of extending
separate Performance Security for the period for which the
the validity of Performance Security shall be
Contract is extended. In the event delay is solely due to
reimbursed to the ERPSI by the Utility. 5.5 In
acts and/ or omission of the Utility cost of extending the
case of any delay by the ERPSI in performing the
validity of separate Performance Security shall be
activities of the scope of work with respect to
reimbursed to the ERPSI by the Utility.
a) Natural Force Majeure Events: act of God, including, but not the Project Implementation Schedule, then upon
a) Natural Force Majeure Events: act of God,
limited to drought, fire, and explosion (to the extent originating
including, but not limited to drought, fire, and
from a source external to the site), earthquake, epidemic, volcanic
explosion (to the extent originating from a
eruption, landslide, flood, cyclone, typhoon, tornado, or
exceptionally adverse weather conditions, 8.3 NOTIFICATION OF source external to the site), earthquake,
FORCE MAJEURE EVENT 8.3.1 The Affected Party shall give notice epidemic, pandemic, quarantine restrictions,
to the other Party of any event of Force Majeure as soon as volcanic eruption, landslide, flood, cyclone,
reasonably practicable, but not later than 7 (seven) days after the typhoon, tornado, or exceptionally adverse
date on which such Party knew or should reasonably have known weather conditions, 8.3 NOTIFICATION OF FORCE
of the commencement of the event of Force Majeure. If an event MAJEURE EVENT 8.3.1 The Affected Party shall
Section 7: General of Force Majeure results in a breakdown of communications
give notice to the other Party of any event of Refer RFP Document/RFP Condition
24 Conditions of Contract 276-278 rendering it unreasonable to give notice within the applicable
time limit specified herein, then the Party claiming Force Majeure
Force Majeure as soon as reasonably practicable, prevails .
8. Force Majeure
shall give such notice as soon as reasonably practicable after but not later than 7 (seven) days after the date
reinstatement of communications, but not later than 1(one) day on which such Party knew or should reasonably
after such reinstatement. Provided that such notice shall be a pre- have known of the commencement of the event
condition to the Affected Party’s entitlement to claim relief under of Force Majeure. If an event of Force Majeure
this ERPSI Contract. Such notice shall include full particulars of the results in a breakdown of communications
event of Force Majeure, its effects on the Party claiming relief and
rendering it unreasonable to give notice within
the remedial measures proposed. The Affected Party shall give the
the applicable time limit specified herein, then
other Party regular reports on the progress of those remedial
measures and such other information as the other Party may the Party claiming Force Majeure shall give such
reasonablyProperty
request about theinForce Majeure.(including notice as soon as reasonably practicable after
9.1 All Intellectual Rights all material 9.1 All Intellectual Property Rights in all material
but not limited to all Source code, Object code, records, (including but not limited to all Source code,
reports, designs, application configurations, data and Object code, records, reports, designs,
written material, products, specifications, reports, application configurations, data and written
drawings and other documents), which have been newly material, products, specifications, reports,
created and developed by the ERPSI solely during the drawings and other documents), which have
performance of Related Services and for the purposes of been newly created and developed by the ERPSI
inter-alia use or sub-license of such services under this solely during the performance of Related
Contract, shall be the property of the ERPSI. The ERPSI Services and for the purposes of inter-alia use or
Section 7: General
undertakes to disclose all such material, which have been sub-license of such services under this Contract, Refer RFP Document/RFP Condition
25 Conditions of Contract 278-279
newly created and developed by the ERPSI solely during shall be the property of the ERPSI. The ERPSI prevails .
9.Intellectual Property
the performance of Related Services and for the purposes undertakes to disclose all such material, which
of inter-alia use or sub-license of such services under this have been newly created and developed by the
Contract, to the Utility. The ERPSI hereby grants to Utility a ERPSI solely during the performance of Related
, non-exclusive, non-transferable, irrevocable, royalty-free Services and for the purposes of inter-alia use or
license to use all material disclosed to the Utility under the sub-license of such services under this Contract,
Contract. Nothing contained herein shall be construed as to the Utility. The ERPSI hereby grants to Utility
transferring ownership of any Intellectual Property Right a, non-exclusive, non-transferable, irrevocable,
from the ERPSI to the Utility. 9.2 The ERPSI shall ensure royalty-free license to use all material disclosed
that while it uses any software, hardware, processes, to the Utility under the Contract. Nothing
(a) ERPSI Event of Default 10.1.1 ERPSI Event of Default (a) ERPSI Event of Default 10.1.1 ERPSI Event of
means any of the following events arising out of any acts or Default means any of the following events arising
omission of ERPSI, its representative, sub-contracts, out of any acts or omission of ERPSI, its
employees and which have not occurred solely as a result representative, sub-contracts, employees and
of any breach of this Contract by the Utility or due to Force which have not occurred solely as a result of any
Majeure, and where ERPSI has failed to remedy these breach of this Contract by the Utility or due to
events within a period of 90 (ninety) days of issuance of a Force Majeure, and where ERPSI has failed to
notice by Utility requiring ERPSI to remedy such event. a. remedy these events within a period of 90
ERPSI has failed to procure and arrange requisite finances (ninety) days of issuance of a notice by Utility
Section 7: General Refer RFP Document/RFP Condition
for the implementation of the Project; b. ERPSI abandons requiring ERPSI to remedy such event. a. ERPSI
26 Conditions of Contract 279-287 prevails
the implementation of the Project or repudiates this has failed to procure and arrange requisite
10. Termination
Contract or otherwise takes any action, or evidences or finances for the implementation of the Project;
conveys an intention not to be bound by the Contract; c. Request to review, please clarify b. ERPSI
ERPSI, in the judgment of Utility has engaged in corrupt, abandons the implementation of the Project or
fraudulent, collusive, or coercive practices, in competing repudiates this Contract or otherwise takes any
for or in executing the Contract; or d. ERPSI is adjudged action, or evidences or conveys an intention not
bankrupt or insolvent, or if a trustee or receiver is to be bound by the Contract; c. ERPSI, in the
appointed for ERPSI or for the whole or material part of its judgment of Utility has engaged in corrupt,
assets that has a material bearing on its ability to fraudulent, collusive, or coercive practices, in
implement the Project’ e. ERPSI has been, or is in the competing for or in executing the Contract; or d.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
11.1 The ERPSI hereby agrees to indemnify Utility, for all 11.1 The ERPSI hereby agrees to indemnify
conditions and situations mentioned in this Article, in a Utility, for all conditions and situations
form and manner acceptable to Utility. The ERPSI agrees to mentioned in this Article. The ERPSI agrees to
indemnify Utility and its officers, servants, agents (“Utility indemnify Utility and its officers, (“Utility
Indemnified Persons”) from and against any costs, loss, Indemnified Persons”) from and against any
damages, expense, claims including those from third costs, loss, damages, expense, claims from third
parties or liabilities of any kind howsoever suffered, arising, parties arising, or incurred inter alia during the
or incurred inter alia during and after the Contract Period Contract Period out of: any Willful misconduct by
Section 7: General out of: any negligence or wrongful act or omission by the the ERPSI or its agents or employees or any third
Conditions of Contract ERPSI or its agents or employees or any third Party Party associated with ERPSI in connection with or Refer RFP Document/RFP Condition
27 288-290
11. Liability/ associated with ERPSI in connection with or incidental to incidental to this Contract; or any infringement prevails .
Indemnity this Contract; or any infringement of patent, of patent, trademark/copyright or industrial
trademark/copyright or industrial design rights arising from design rights arising from the use of the supplied
the use of the supplied Solution or any part thereof 11.2 Solution or any part thereof 11.2 The ERPSI shall
The ERPSI shall also indemnify Utility against any privilege, also indemnify Utility against any privilege, claim
claim or assertion made by third party with respect to right or assertion made by third party with respect to
or interest in, ownership, mortgage or disposal of any right or interest in, ownership, mortgage or
asset, property, movable or immovable as mentioned in disposal of any asset, property, movable or
any Intellectual Property Rights, licenses and permits. 11.3 immovable as mentioned in any Intellectual
Without limiting the generality of the provisions of the Property Rights, licenses and permits. 1.3
13.1.2 The ERPSI will analyze and evaluate the
13.1.2 The ERPSI will analyze and evaluate the Change
Change Request to come up with the estimate of
Request to come up with the estimate of the effort
the effort involved in terms of man-days
involved in terms of man-days required (in respective skill
required (in respective skill areas) and time
areas) and time schedule as per agreed priority and
schedule as per agreed priority and document
document the same. Utility will use the estimated effort of
the same. Utility will use the estimated effort of
the new requirements made by the ERPSI and together
the new requirements made by the ERPSI and
with the quoted man-month rates arrive at a cost estimate.
together with the quoted man-month rates
For all technical resources, the quoted man-month rate
arrive at a cost estimate. For all technical
Section 7: General shall be used. Efforts of support staff shall not be taken
resources, the quoted man-month rate shall be Refer RFP Document/RFP Condition
28 Conditions of Contract 292-294 into consideration for this purpose. 13.1.5 The following
used. Efforts of support staff shall not be taken prevails .
13. Change Order categories of Change Requests shall not be treated as
into consideration for this purpose. Request to
“New Requirements” and the ERPSI is expected to deliver
review the part “Efforts of support staff shall not
these Change Requests as per agreed schedule without any
be taken into consideration for this purpose”.
commercial implications. All bug fixes All upgrades of the
Please clarify. 13.1.5 The following categories of
licensed platforms Changes made to report templates New
Change Requests shall not be treated as “New
reports not exceeding [x] numbers Integration with
Requirements” and the ERPSI is expected to
national level systems like NFMS etc. Minor changes not
deliver these Change Requests as per agreed
requiring more than 10 man-days Aspects already covered
schedule without any commercial implications.
under existing scope of work provided in this Contract
All bug fixes All upgrades of the licensed
14.3 INSURANCE 14.3.1 The Goods supplied
14.3 INSURANCE 14.3.1 The Goods supplied under the under the Contract shall be fully insured by the
Contract shall be fully insured by the ERPSI against loss or ERPSI against loss or damage incidental to
damage incidental to manufacture or acquisition, manufacture or acquisition, transportation,
Section 7: General
transportation, storage, and delivery. 14.3.2 The ERPSI storage, and delivery. 14.3.2 The ERPSI shall Refer RFP Document/RFP Condition
29 Conditions of Contract 296
shall furnish to the Utility copies of certificates and policies furnish to the Utility copies of certificates and prevails .
14. Miscellaneous
of the Insurances as soon as they are affected and renewed policies of the Insurances as soon as they are
by or on behalf of the ERPSI from time to time in terms of affected and renewed by or on behalf of the
Article 14 ERPSI from time to time in terms of Article 14
Request to review. Please clarify.

15.3.1 The obligation of a Party under Articles


14.1 and 14.2 above, however, shall not apply to
information that: Utility or ERPSI need to share
with the institutions participating in the
15.3.1 The obligation of a Party under Articles 14.1 and
financing of the Contract; now or hereafter
14.2 above, however, shall not apply to information that:
enters the public domain through no fault of that
Utility or ERPSI need to share with the institutions
Party; can be proven to have been possessed by
participating in the financing of the Contract; now or
that Party at the time of disclosure and which
Section 7: General hereafter enters the public domain through no fault of that
was not previously obtained, directly or
Conditions of Contract Party; can be proven to have been possessed by that Party Refer RFP Document/RFP Condition
30 297-298 indirectly, from the other Party; or Otherwise
15.Confidential at the time of disclosure and which was not previously prevails .
lawfully becomes available to that Party from a
Information obtained, directly or indirectly, from the other Party; or
third Party that has no obligation of
Otherwise lawfully becomes available to that Party from a
confidentiality. Is required to be provided under
third Party that has no obligation of confidentiality. 15.3.4
any law, or process of law duly executed. 15.3.4
The provisions of this Article 15 survive completion or
The provisions of this Article 15 survive for a
termination, for whatever reason, of the Contract
period of 2 years after the completion or
termination, for whatever reason, of the
Contract Request to change the clause 15 as
above.

16.1 The ERPSI shall be permitted to appoint


subcontractor(s) so as to meet its obligations
16.1 The ERPSI shall be permitted to appoint under the Contract with the Utility, with
subcontractor(s) so as to meet its obligations under the intimation to the Utility, provided they ensure
Contract with the Utility, with intimation to the Utility, that any person engaged by ERPSI are not
provided they ensure that any person engaged by ERPSI blacklisted by any Government organization or
are not blacklisted by any Government organization or regulatory agencies or Government Undertaking
regulatory agencies or Government Undertaking as on date as on date of intimation of the Utility (as defined
Section 7: General
of intimation of the Utility (as defined under the Section 2 under the Section 2 of this RFP). Request to Refer RFP Document/RFP Condition
31 Conditions of Contract 298
of this RFP). 16.2 ERPSI shall engage only such sub- review. 16.2 ERPSI shall engage only such sub- prevails .
16. Subcontracting
contractor(s) who satisfy the eligibility requirement in contractor(s) who satisfy the eligibility
terms of applicable laws including the guidelines issued requirement in terms of applicable laws including
vide Order No. F/No.6/18/2019- PPD by Ministry of the guidelines issued vide Order No.
Finance, Department of Expenditure, Public Procurement F/No.6/18/2019- PPD by Ministry of Finance,
Division dated 23 July 2020 and as amended from time to Department of Expenditure, Public Procurement
time. Division dated 23 July 2020 and as amended
from time to time. Request to review, please
clarify
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
17.1 The ERPSI warrants that all the Goods that
17.1 The ERPSI warrants that all the Goods that would be used as
would be used as part of Solution would be new,
part of Solution would be new, unused, and of the most recent or
unused, and of the most recent or current
current models, and that they incorporate all recent
improvements in design and materials, unless provided otherwise models, and that they incorporate all recent
in the Contract. 17.2 The ERPSI further warrants that the Goods improvements in design and materials, unless
shall be free from defects arising from any act or omission of the provided otherwise in the Contract. 17.2 The
ERPSI or arising from design, materials, and workmanship, under ERPSI further warrants that the Goods shall be
normal use in the conditions prevailing in the country of final free from defects arising from any act or
destination. 17.3 The warranty of the ERP system shall remain omission of the ERPSI or arising from design,
Section 7: General valid till expiry of the Contract Period. 17.4 The ERPSI shall be
materials, and workmanship, under normal use Refer RFP Document/RFP Condition
32 Conditions of Contract 298 responsible for comprehensive maintenance of all the equipment
and systems supplied & installed under this Contract during the in the conditions prevailing in the country of final prevails .
17. Warranty
Operational Period. There may be some variation during detailed destination. 17.3 The warranty of the ERP
engineering. ERPSI will have to make their own assessment of the system shall remain valid till expiry of the
systems and deploy manpower accordingly. However, it is to be Contract Period. Requesting to review. Why
ensured that specified manpower of requisite qualification is warranty will be till expiry of the contract? There
deployed. 17.5 The maintenance of the system supplied & should be some maintenance period after
installed by the ERPSI shall be comprehensive. The ERPSI shall be
warranty. 17.4 The ERPSI shall be responsible for
responsible for providing all the spares as may be required. The
comprehensive maintenance of all the
spares shall be maintained by the ERPSI at no extra cost to the
Utility. equipment and systems supplied & installed
under this Contract during the Operational

18.2 The Party affected by a change in law shall


give notice giving details of the likely impact of
the change in law. The Parties shall negotiate in
18.2 The Party affected by a change in law shall give notice
good faith to place the affected party at the
giving details of the likely impact of the change in law. The
same economic position as if no change in law
Section 7: General Parties shall negotiate in good faith to place the affected
had occurred. Provided only such change in law
Conditions of Contract party at the same economic position as if no change in law Refer RFP Document/RFP Condition
33 299 events which have financial impact beyond a
18. Change in Laws had occurred. Provided only such change in law events prevails .
threshold specified in SCC, are to be considered
and Regulations which have financial impact beyond a threshold specified
for the purposes of grant of relief to the affected
in SCC, are to be considered for the purposes of grant of
Party. Request to review the limit of 5% is
relief to the affected Party.
provided in SCC, but the impact of such changes
financially cannot be analyzed now and cannot
be capped. Request to review the above clause.

21.1 The ERPSI shall not assign, in whole or in part, their


obligations under this Contract without prior permission of
21.1 The ERPSI shall not assign, in whole or in
the Utility. 21.2 However, in case of default by the ERPSI in
part, their obligations under this Contract
Section 7: General debt repayments or in the event of default by the ERPSI as
without prior permission of the Utility which Refer RFP Document/RFP Condition
34 Conditions of Contract 299 per Clause 11 of Section 7, the Utility may, on an
permission shall not be unreasonably withheld. prevails .
21. Assignment application from the Lenders, assign the work under the
Request to change the clause as above. Request
ERPSI contract to the nominee of the Lenders subject to
to remove the clause 21.2
the fulfilment of the qualification requirements and
provisions of the Contract

23.1 Utility reserves the right to share, with any


consultant of its choosing, any resultant
Section 7: General 23.1 Utility reserves the right to share, with any consultant proposals in order to secure expert opinion
Refer RFP Document/RFP Condition
35 Conditions of Contract 300 of its choosing, any resultant proposals in order to secure however, the Utility shall ensure that
prevails .
23. Disclaimer expert opinion confidentiality should be ensured by the
Consultant. Request to change the clause as
above.
24.2 The ERPSI’s team shall not make or permit
to be made a public announcement or media
release about any aspect of this Contract unless
Utility first gives the ERPSI its written consent
which consent shall not be unreasonably
24.2 The ERPSI’s team shall not make or permit to be made
Section 7: General withheld. However, Utility agrees that ERPSI
a public announcement or media release about any aspect Refer RFP Document/RFP Condition
36 Conditions of Contract 300 shall have the right to list Utility name in its
of this Contract unless Utility first gives the ERPSI its prevails .
24. Public Disclosure marketing material and use Utility logo with
written consent.
respect to such listing and for reference
purposes Request to change the clause as
above. This is not the non-solicitation clause.
This is survival clause, which is already captured
in clause 27.

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

26.1 The Utility will neither offer to employ nor


employ, directly or otherwise, any ERPSI
Section 7: General
26.1 The Articles of this contract, which by nature are employee, associated for the purpose of, or with
Conditions of Contract Refer RFP Document/RFP Condition
38 300 intended to survive termination of this Contract, shall the Contract, during the period between the
26. Non- Solicitation prevails .
remain in effect after such termination date of this proposal and two years from the
of Staff
completion of the Contract arising here from.
Request to change the clause as above.
In view of recent Central Govt. Notification, it is
Clause No. 5 -
39 274 Not Applicable requested to reduce the value of PBG to 3% of Refer Corrigendum
Performance Security
contract value - Please clarify.
Clause No. 6 -
Suggest to reduce LD to 2.5% from 5%. Please Refer RFP Document/RFP Condition
40 Liquidated Damages, 274 Not Applicable
Clarify prevails .
Penalty, and Incentive
Total penalty + Liquidated Damages should be
Clause No. 11(C) - Refer RFP Document/RFP Condition
41 289 Not Applicable capped at 5% of the total cost of ownership.
Limitation of Liability prevails .
Please Clarify
Clause No. 4(A) - Payment should be released within 30 days from Refer RFP Document/RFP Condition
42 273 Not Applicable
Payment Mechanism the date of Invoice. Please Clarify prevails .
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
Clause No.14.1.2 - ERP Bidder requests to pay 100% on delivery and
Refer RFP Document/RFP Condition
43 System Software 184 Not Applicable not to hold 15 % towards completion of UAT /
prevails .
(License Component) Go live. Please Clarify
Bidder requests to pay 100% on delivery and not
Clause No.14.1.3 - ERP Refer RFP Document/RFP Condition
44 184 Not Applicable to hold 20 % towards completion of UAT / Go
Hardware prevails .
live. Please Clarify
The total penalty for delay in a particular phase,
should be capped at 5% of the Phase cost. The
Clause No.15.2.1.5 - Refer RFP Document/RFP Condition
45 185 Not Applicable total cumulative penalty under this RFP should
Penalty Clause prevails .
be capped at 5% of the Contract Value. Please
clarify
Clause No. 4b-4.2.2 -
Taxes and Duties
Clause No. 18.2 -
We request that 5% restrictions should not be
Change in Laws and 274 299 Refer RFP Document/RFP Condition
46 Not Applicable made applicable to tax rate changes as it is
Regulations Clause - II 302 prevails .
beyond control of bidder
- Special Conditions of
Contract (GCC
Reference 18.2)

We understand that "No Deviation" clause is


Point No. 4 - No only applicable for Financial Bid format only. This Refer RFP Document/RFP Condition
47 64 Not Applicable
Deviation clause is not for other technical areas including prevails .
Terms and Conditions - Please confirm.
ERP System Implementation Cost includes Parts -
Form 2 - (ERP System
A, B, C, D, E, F. Now part C, D and E will cover the
Implementation Cost ERP System – Implementation Phase Cost
48 82 cost of manpower for the mentioned services. Refer Corrigendum
– from Part A to Part (ERP System Implementation Cost – from Part A to Part F)
Then what the Part-F is meant as Manpower
F)
Cost?
In Page 18, it is mentioned that the CV will be
Self Certified CV. On the other hand, in page 60,
Section 12, Serial No. 18 and It is mentioned that the signature is required
49 2.2-2.5 in page 18 and page 60 Refer Corrigendum
2 60 both by Contractor’s Representative or Key
Personnel and Authorized representative of the
Bidder. Kindly Clarify.

In CV format, it is mentioned that the signature


is required both by Contractor’s Representative
or Key Personnel and Authorized representative
Form 5 - Resume and of the Bidder. As per our policy, only the
50 59, 60 2.2-2.5 in page 18 and page 60 Refer Corrigendum
Declaration authorized representative can sign the bid
response document. Hence request you to keep
the provision for Bid Auth Signatory only in the
format.

It is mentioned that "Bidder should have at least


(1) turnkey project work where bidder has
"Bidder should have at least (1) turnkey project work
implemented hardware/Cloud, software
Section 12, Serial No. where bidder has implemented hardware/Cloud, software
51 18 including licenses, network components etc. Refer to corrigendum
3.1 including licenses, network components etc. during the
during the last (8) financial years, for a project
last (8) financial years, for a project value….
value…." In this section, instead of 8, we request
to consider last (10) financial year....
Migration Approach: Brownfield Our
understanding is that the existing Landscape has
52 Scope of Work 264 to be converted to S/4HANA and few additional YES
modules / submodules to be Implemented.
Please confirm
Annual Technical Support As the Licenses are
"Rise with SAP", will APDCL directly discuss with Refer RFP Document/RFP Condition
53 Licenses 153
OEM and finalize the licenses or should ERPSI prevails .
consider the licenses also apart from Services
Migration Approach: Brownfield In this Section
the Scope details a twostep approach in which
Step 1: Conversion from ECC to S/4HANA on
Annexure C – Scope of
premise followed by Step 2 : Migration to Will be discussed and mutually
54 Work Template for 264
Private cloud ( PCE ) . We wish to understand agreed upon with selected ERPSI
Option 4
the rationale behind the two-step approach as
this can be done in a Single Step conversion
also.
Cyber Security In "Rise with SAP" the SAP Basis
scope for the Implementation partner is limited
123 / to Transport movement and User creation. The Refer RFP Document/RFP Condition
55 6.1.2.1 & 15.2
194 RPO /RTO, Cyber Security, Backup, encryption is prevails .
in the Scope of SAP. Please confirm the
expectations from ERPSI
ERP System- OEM Audit Is OEM audit
56 6.1.1.2. 21 Refer to corrigendum
mandatory or optional.
Migration Approach: Brownfield Can APDCL
To be shared in due course of time
57 Scope of Work 264 share the Readiness Check report and BSR
with selected ERPSI
report
Change Management In our view this being a
Technical Migration the need for change
Scope to be finalised with selected
Management is very less. In the RFP the change
58 8 & 135 ERPSI in due course of time as per
Management is a detailed scope as applicable
RFP
to a Green Field Implementation. Can change
Management be excluded from the Scope
Migration Approach: Brownfield Scope of Work Option 4 is applicable for
Annexure C – Scope of
Template for Option 4 : There is a mention of APDCL(Upgrade of existing ERP
59 Work Template for 264
Option 4 . Are there other options (Option 1 / system) other options are not
Option 4
2/3) applicable hence not included
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
FRS The FRS contains line items for the entire
Scope, which includes the modules already
Implemented also. Kindly provide the FRS for
Scope to be finalised with selected
60 Annexure A 199 the Delta Scope only which is expected to be
SI in due course of time
Implemented post S4 HANA conversion in excel
format. This will facilitate the ERPSI to fill up
and submit for compliance
Functional
61 Requirement 267 E - Office Kindly detail the Scope of E Office Refer to corrigendum
Specifications
Functional
Scope to be finalised with selected
62 Requirement 267 GRC Kindly provide the detailed Scope for GRC
SI in due course of time
Specifications
Functional Document Management Systems Please can
Scope to be finalised with selected
63 Requirement 267 you provide the exact requirements for the
SI in due course of time
Specifications need for DMS ( eg: Storing PO etc.)
Training Scope Training requirements would be
ERP System –
limited to training users in the modules Refer RFP Document/RFP Condition
64 Implementation Phase 82 Not Applicable
implemented post conversion only. Please prevails .
Cost
confirm
Table 10: Manpower before Go Live Few ERPSI will deploy
Minimum Resource resources such as Security expert, Domain resources/manpower as per the
65 Requirement from 162 consulting, Data Digitization expert may not be scope of work as needed for
ERPSI required for a Technical migration with "Rise successful completion of the
with SAP". Please confirm project.
Training/End User It is mentioned in the RFP that training location
Scope to be finalised with selected
66 Training/Locations of 137 can be of several site offices. Will it be any
SI in due course of time
Training training outside HQ for S4 HANA migration?

12. Project Will it be necessary for conducting workshops


Scope to be finalised with selected
67 Implementation 172 across entire APDCL or it will be limited to Bijulee
SI in due course of time
Methodology-Point# a Bhavan Only?
Annexure A-D1-
Organization Do we need to consider Contractual Employees To be decided with selected SI in
68 232
Management-Point# in S4 HANA? due course of time
23
Annexure A-D4-
Attendance & Leave Please let us know if Recruitment/E-recruitment Scope to be finalised with selected
69 235
Management- will be applicable in S4 HANA? SI in due course of time
Point#14 to 17
Annexure A-D.18 Please confirm us if Employee's Succession Scope to be finalised with selected
70 244
Succession Planning Planning is applicable? SI in due course of time
Section 15.2.7 -> It is observed that the SLA for incident resolution
Calculation for timeline is very stringent, for all the mentioned Refer RFP Document/RFP Condition
71 196 Not Applicable
Availability Service categories. Also, the Definition of hours needs prevails .
Levels further clarification.
Can we have a glimpse of the prototype or
Will be shared with selected ERPSI
72 3 117 landscape of upcoming IT/Business systems e.g.
as and when required
SCADA, GIS etc.?
Can you please specify the second language To be decided with selected SI in
73 Clause No. 7 127
name? due course of time
Will be shared with selected ERPSI
74 5 199 what are memorandum accounts?
as and when required
What does it mean store balance for future years Will be shared with selected ERPSI
75 17 199
based on past balances? Can you please explain? as and when required
Capability to post refund transaction
Will be shared with selected ERPSI
76 19 203 automatically to general ledger...Could you
as and when required
please elaborate the process?
Refund retention to the vendor and
automatically post the refund to the vendor Will be shared with selected ERPSI
77 27 204
account...Can you please enlighten us more as and when required
about this clause?
Automatically offset retention paid up against
the balance outstanding of vendor Will be shared with selected ERPSI
78 27 204
account...Could you please elaborate the as and when required
process?
Manage Cash Flow Forecast and Information
Will be shared with selected ERPSI
79 31 209 Systems...Please provide more details about this
as and when required
business process.
Capability to generate Fixed Assets schedule in
accordance with the Companies Act 336
Capability to generate Fixed Assets schedule in
accordance with the Income Tax Act 337 Will be shared with selected ERPSI
80 23 215
Capability to generate Fixed Assets schedule in as and when required
accordance with the Regulatory requirements
What are the meanings for 336 Capability and
337 capabilities?
Capability to prepare List of Dishonoured
Will be shared with selected ERPSI
81 7 220 cheques issued by UH_DH...What is the meaning
as and when required
for UH_DH ?
It is mentioned that "APDCL may add or remove
items from the list at a later stage of the project,
which shall be binding on the ERPSI". We
understand for the services part, the Will be shared with selected ERPSI
82 3.1.2.3 97
requirement will be frozen till the design or as and when required
blueprint phase. Any addition/alteration at a
later stage, will be considered as Change
Request. Please clarify.
It has not been mentioned that whether
Annexure - C, Point Contract Management is already implemented or Will be shared with selected ERPSI
83 268
No. 5 to be Implemented? Need more detailed as and when required
functionality.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
It will be better if we are not involved in this.
Language can be "ERP SI can support APDCL in
procuring SWAN services but as it is driven by
Government directives and other agreements,
Post successful onboarding, the bidder shall assist Assam
request that APDCL may directly contract with
Power Distribution Company Limited in procurement of
the SWAN service provider like many utilities
SDWAN Services Provider (SD-WANSP). After selection of
have done with SDC and SWAN. Refer RFP Document/RFP Condition
84 13 competent service providers for Network Services, Assam
prevails .
Power Distribution Company Limited (APDCL) will sign a
Further, on page 94, APDCL has stated that "b.
tripartite agreement with ERPSI and respective service
Contracting any Network Bandwidth service
providers i.e., SD-WANSP.
provider (NBSP) under the ERPSI contract as it is
assumed that the utilities have this
infrastructure available" will be excluded from
ERPSI scope.

Many government departments and utilities


The Bidder(s) should have implemented at least One (1)
have seggregated ERP SI activities and
Turnkey IT System Integration (TSI) project including supply
infrastructure (which was accordingly procured
of Hardware/cloud services, Software, licenses along with Refer RFP Document/RFP Condition
85 15 separately by the department). Thus request you
installation, configuration, customization, implementation, prevails .
to submit our experience of System Integration
Roll Out as well as providing FMS services / System
& in case of turkey experience is required, on-
Operation services during the last Ten (10) financial years,
going engagements may be also allowed.

Project Management is a Qualitative aspect of an


individual/Company. Hence we strongly urge the
department to remove the benchmark of 100Cr.
The clause should be read as -
Should have worked as a Project Manager for
Large Projects of System Integration (More than
100 Cr.) with Central / State Govt./Private
Organizations in Power Sector
Human Resource / Manpower Proposed OR
Should have worked as a Project Manager for Large Worked as a Project Manager for Projects of Refer RFP Document/RFP Condition
86 18
Projects of System Integration (More than 100 Cr.) with System Integration (More than 100 Cr) with prevails .
Central / State Govt./Private Organizations in Power Sector Central / State Govt./Private Organizations in
Power Sector. Kindly confirm?

It is also worthwhile to mention that - seemngly


there is a discrepency in the criteria as well. Firm
experience is required for INR 24 Crs or above;
whereas Project Manager & Assistant Project
Manager experiences need to be of INR 100 Crs.
Hence, we stronly request you to consider the
Request the department to firm up the Software Refer RFP Document and
List of Material and Services
87 77 Licenses & Hardware Requirements, as these subsequent corrigendum/RFP
Please Note: The list is indicative only
have huge commercial implications? Condition prevails
Request the department to confirm
Make/Model/Version & Functionalities
Overview of the ERPSI Scope of Work
88 92 Implemented under E-Office tool? This is Refer to corrigendum
E-Office
imperative, as, as per the scope this tool needs
to be migrated as well?

Kindly confirm whether the depicted


Applications are supposed to be planned to be
integrated with the new S4 HANA Application? If
yes, then please confirm that these application
shall be available to integate during the
BBP/Design phase of ERP/S4 HANA phase (i.e.
T+3). Also in case, these applications are not will be shared with selected ERPSI
89 115 ERP System Integration
available to conclude the design during the BBP as and when required
phase then these would be considered dropped
from EPRSI's scope of work. This is imperative, as
until otherwise ERPSI shall never be able to
conclude their BBP/Requirement/Scope? Else,
department to devise & document a mechanism
accodingly in the RFP?

ERPSI shall conduct all such trainings from a


single centralize project location and APDCL
would be responsible for the cost incurred on Refer RFP Document/RFP Condition
90 128 Professional Training (Implementation team)
the training participants (lodging, boarding and prevails .
another other cost) and that, ERPSI will bear the
cost of trainers only at this centralized site.

This is a time sensistive Project and that


department has also defined SLA around various
deliverables; hence we request the department
APDCL will provide feedback within the agreed timelines to to define a stipulated timeframe of response
make necessary changes, corrections, if required. The from CORE Team members and that, beyond Refer RFP Document/RFP Condition
91 159/171
ERPSI will be required to resubmit the revised schedule that timelines, corresponding deliverable from prevails .
document. the ERPSI shall be deemed completed/closed.
This is of utmost importance to in order to
ensure timely closures of delivery milestone &
project as overall. Kindly advise?
Request to allow atleast 3-4 weeks for bid
92 9 Bid Submision Date submission after clarificatin / corrigendum issued Revised date has been published
by APDCL
Conflict of interest against this RFP
Please confirm wheter any project under the will be construed subject to the
93 29 Conflict of Interest RDSS scheme as consultant or SI will be violation of conditions mentioned
considered as "Conflict of Intetest" under subsection 3.2 ITB point 3
Conflict of Interest
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response

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.

ERP OEM Audit- To carry out ERP System audit (OEM


Request you to kindly define no. of OEM audit
Audit), the cost for first 02 iteration shall be borne by The
95 117 man-days required for parity of deliverable and Refer to corrigendum
ERPSI including the cost to incorporate any post audit
effecting costing purposes as well.
suggestions /recommendations.

"However, for any other third-party audit, the cost will be


borne by APDCL. If in case, due to un-fulfilment of
requirement due to ERPSI, multiple iterations (more than Request you to defined details of Third-Party Refer RFP Document/RFP Condition
96 117
1) are required to be carried out for any third-party audit, Audit and scope of work. prevails .
then the cost of further audits will be charged to ERPSI for
any subsequent iterations or visits of third-party auditors."

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.

• Study of the current implemented environment and


conduct assessment of the business functions / Process We understand that APDCL will provide
99 95 flows and uncovered Business requirements for which necessary documents for study and assessment Will be shared with selected ERPSI
legacy systems are being continued including statutory and of gaps. Please confirm.
regulatory reporting requirements if any.

We will be responsible for development of


necessary interfaces from New ERP perspective.
Refer RFP Document/RFP Condition
100 115 ERP System Integration We won't be responsible for making any changes
prevails .
in the existing systems including ERP. Please
confirm.

6.1.1.3. IT /Cyber Security Audit


A yearly audit of IT security and Cyber security practices by
CERT-IN certified Third-party agency to assess and evaluate
Request APDCL to keep the Cert-In impanelled
the implementation of security policy and vulnerability Refer RFP Document/RFP Condition
101 120 agency audit outside the current scope of ERP SI
assessment. The report shall include the parameters as per prevails .
and conduct them independently.
the agreement with APDCL and rate the security
implementation in three grades i.e., Satisfactory, Requires
Improvement and Unsatisfactory.

We understand that for this project, "Train-the-


b. End User Training - The ERPSI will provide training to all
Trainer" approach will be considered and the ERP
end users of ERP Systems. AND
SI needs to train 100 Core Team members from To be finalised as per the
"On instruction & approval of Nodal Officer, the train the
102 126 the centralized project location. Please confirm. requirement for successful
trainer approach shall be adopted by the ERPSI for training
completion of the project
& handholding."
Request you also to consider End User training
through VC (if required).

Training Needs Analyis: "The OEM and the ERPSI


consultants will collect the appropriate data on user We understand that this exercise will be carried
Refer RFP Document/RFP Condition
103 130 groups, functional and process requirements per user out by the ERPSI and APDCL as ERP OEMs are not
prevails .
group, required skills and knowledge, existing training involved in these activities.
culture and training.."

3. Content Development: "Development of customized,


modular training materials based upon user roles and
We understand that this exercise will be carried
business process, and customized application. The OEM Refer RFP Document/RFP Condition
104 130 out by the ERPSI and APDCL as ERP OEMs are not
consultants along with ERPSI will work together with prevails .
involved in these activities.
APDCL Core team members and Project team to enable
transfer of knowledge."

We understand that any new process or RICEF-W


will be considered as change request and will be Refer RFP Document/RFP Condition
105 139 Facility Management Service (FMS)
initiated after due approval from APDCL. Please prevails .
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.

Documentation will be supplied and maintained by ERPSI


We understand that deliverables including user
during the project. The ownership of all documents,
manuals will be submitted by the ERPSI only in
supplied by ERPSI, will rest with APDCL. The electronic Refer RFP Document/RFP Condition
107 166 electronic format (soft copy) which can be stored
copies shall be submitted along with all the paper prevails .
in the centralized server to be accesssed by all
documents and manuals, required for operating and
relevant users.
configuring the system.

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.

This project is of SAP Migration services. Hence


the credentials and experience should be of SAP
Credentials & Experience Migration Projects in place of Implementation
The Bidder(s) should have implemented at least One (1) projects.
Turnkey IT System Integration (TSI) project including supply The focus of experience should be limited to SAP
Refer RFP Document/RFP Condition
111 3 15 of Hardware/cloud services, Software, licenses along with migration instead of combining supply of
prevails .
installation, configuration, customization, implementation, Hardware/cloud services, Software, licenses
Roll Out as well as providing FMS services / System along with installation, configuration,
Operation services during the last Ten (10) financial years, customization, implementation, Roll Out as well
as providing FMS services / System Operation
services.

Credentials & Experience


The Bidder should have been in the IT / Software services
Refer RFP Document/RFP Condition
112 3.1 15 for the last 10 years. Further, the bidder should have Please allow bidders with experience of 7 Years.
prevails .
successfully implemented Three ERP Projects of the
offered ERP OEM Product in India in last 10 years.

Credentials & Experience


This is SAP migration Project and hence this Refer RFP Document/RFP Condition
113 3.1 16 The offered ERP OEM Product shall have more than 500
criterion is not applicable. prevails .
transactional userbase
Being a SAP migration project the focus of this
Turnkey (TSI) Experience clause should be mainly on the number of SAP
Projects experience. Please exclude
Bidder should have at least (1) turnkey project work where hardware/Cloud, software including licenses,
Refer RFP Document/RFP Condition
114 3.1 18 bidder has implemented hardware/Cloud, software network components experience from this
prevails .
including licenses, network components etc. during the last clause.
(8) financial years, for a project value not less than INR 24
crore Also please allow the projects with value not less
than INR 10 Crores
ERP Implementation Experience.
Being SAP migration project, the no of ERP
The bidder should have successfully implemented at least licenses criteria should not be applicable. In Refer RFP Document/RFP Condition
115 4.1 19
three ERP Projects of the offered ERP OEM product in India place it should be three SAP Migration Projects in prevails .
in last 8 years with at least 500 ERP licenses in each any organization (Public and Private Sector)
project.
ERP Implementation Experience. Being SAP Migration project, this criterion should
Refer RFP Document/RFP Condition
116 4.1a 19 of No of SAP Migration projects in place of
prevails .
Total number of ERP projects implemented Implementation.
SAP Migration process and methodology remains
ERP Implementation Experience.
the same for any type of organization. Hence this Refer RFP Document/RFP Condition
117 4.1b 19
criterion should be changed to ERP Migration prevails .
ERP project in Power sector
Projects in Any sector.

Detailed As Is Study and Designing ERP systems.

ERP SI shall carry out As-Is Study for existing Enterprise


Being Migration Project areas of improvement,
Architecture, IT Applications & Solutions, Utility Business
end user competency is not applicable.
process, Cloud Infrastructure Solutions, End user’s Refer RFP Document/RFP Condition
118 2.1 95 Hence this criterion should be excluded from this
competency etc. along with requirement gathering prevails .
clause.
workshops to identify the Gaps and areas of improvements
in current state of APDCL. The ERPSI will take the necessary
inputs and approval on the formulated As-Is Status report
from Stakeholders/Nodal Officers of APDCL

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

Generally, in migration project the existing


system is converted to the SAP HANA platform
General Requirements without making changes or additions to the
existing processes. There will not be any
Refer RFP Document/RFP Condition
120 3.1.1 e 96 Configuring the specific ERP modules, third party bolt-on additional process related configuration.
prevails .
applications, development of interfaces wherever and
whenever necessary. No additional configurations will be done as part
of this project, kindly confirm. Also please
elaborate on third party bolt on applications.

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.

Generally, in migration project the existing


PHASES OF IMPLEMENTATION OF ERP SYSTEM – Phase 1 system is converted to the SAP HANA platform
without making changes or additions to the Refer RFP Document/RFP Condition
122 3.1.2.112.3 97,175
Draw up customization plan for gaps where the OEM existing processes. There will not be any prevails .
Product does not meet APDCL requirements. additional process related configuration or
customization. Kindly remove this clause.

This being SAP migration project SAP has


PHASES OF IMPLEMENTATION OF ERP SYSTEM – Phase 2
provided tools and methodology for migration
which takes care of the complete system Refer RFP Document/RFP Condition
123 3.1.2.2 98 Carry out data migration from existing application
migration including data in one go. prevails .
databases to new ERP database by providing appropriate
Hence Data cannot be filtered during migration.
filters on the existing data.
Kindly remove this clause.
This being SAP migration project CRP is not
PHASES OF IMPLEMENTATION OF ERP SYSTEM – Phase 2 applicable as the existing system will be
Refer RFP Document/RFP Condition
124 3.1.2.2 98 converted to the latest SAP HANA version. We
prevails .
Conduct Conference Room Pilots assume there is no implementation of new
functionalities. Kindly confirm.
ERP FUNCTION REQUIREMENTS Is this a new requirement? If yes kindly elaborate
125 3.1.3 99 Refer to corrigendum
8. E-office on the scope or desired functionality.
The latest SAP licenses will be procured at the
beginning of the project by selected ERPSI and
Supply of Licenses
cannot be updated. Any change in the license
structure will be an additional commercial as per Refer RFP Document/RFP Condition
126 3.2.2.1 102 b) The ERPSI shall update the licenses and version of ERP
SAP OEM. prevails .
System to the latest commercially available version during
Since upgrade of SAP version is project in itself
the course of Contract.
kindly restrict it to one upgrade during the
course of contract after migration.
ERP System Integration

The Bidder are expected to make note of the following


application modules which are already implemented at
APDCL.
Name Description
APDCL Revenue Management System (ARMS) with all
versions, updates and upgrades) It is the metering, billing Please elaborate on which applications are
& collection software of APDCL (Developed inhouse). already deployed and which applications are yet
SCADA To be implemented to be deployed. Ideally for integration the Refer RFP Document/RFP Condition
127 4 117
Smart Grid Under implementation application must be in deployed stage before prevails .
GIS To be implemented start of the Migration Project and integration
work.

Integration with any upcoming IT/Business systems at


APDCL like Payment Gateway, Metering-Billing-Collection
(MBC) Solution, Bio-metric system etc.

12.5 Pilot Go-Live

1. After the ERP System is customized and developed in


The mentioned phases are part of SAP
line to the requirements of the
implementation project and not migration
APDCL and all the system audits and tests are successfully
project.
cleared, a Conference Room Pilot is conducted to ensure
the proper operation of the implemented ERP system Refer RFP Document/RFP Condition
128 12.5 178 Kindly remove this clause.
before an organization-wide rollout. prevails .
2. Once the Conference Room Pilot is successfully
(In SAP migration project the entire system will
completed, the ERP system is issued the Pilot Go-Live.
be migrated at one go with. Hence the CRP,
rollout strategy is not applicable)
2. The ERP system should be rolled out at all locations with
after required customization, development and after the
successful completion of and User Acceptance Testing
(UAT), which is defined by the ERPSI.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response

12.7 Cutover and Go-Live

a. The Cutover plan should detail the strategy by which


the data will be uploaded for the different sites and the The mentioned phases are part of SAP
nature and volume of backlog transactions. Specified implementation project and not migration
forms/formats/templates to put the data in. project.
b. It should detail the Data elements and open item
strategy logic used for planning Cutover before Go-Live. Kindly remove this clause. Refer RFP Document/RFP Condition
129 12.7 179
c. It should describe the various pre-requisites and prevails .
assumptions used for each of the data elements before (This is SAP Migration Project and hence the SAP
uploading in the live system. Migration cutover strategy is applicable in this
d. It should detail the various business decisions to be scenario.)
taken collaboratively by <<DISCOM>> and ERPSI for
finalizing the Cutover strategy.

The key requirements for Cutover are as follows:

Kindly remove the clause of “Error Free


Operations”.
a. Error free operation and running of all ERP modules with
Only migration related errors will be resolved Refer RFP Document/RFP Condition
130 12.7 179 real-time data during the Stabilization Period at all APDCL
during the stabilization period. prevails .
locations
Operational errors/issues will be resolved during
AMS.
We request you to downgrade the requirement
of ERPSI- Lead being CMMI Level5 to CMMI Level
3 since we believe that we are the right company Refer RFP Document/RFP Condition
131
to provide the services suitable for your prevails .
requirements and keen to bid for this
opportunity.
We request department:
1) To amend the clause to CMMiL3 certificate
CMMI Level 3 is a reasonably high standard.
Some of these CMMI Level 3 SI’s would be far
superior in terms of experience and capabilities
than CMMI Level 5 SI.OR ELSE
2) Consider Member firms’
credentials.
1.2 The ERPSI should have at least CMM/CMMI level 5 valid Considering the network structure of
11. Qualification certification. In case of a consortium, this requirement global multinational organizations like Refer RFP Document/RFP Condition
132 14
Requirements needs to be met by the ERPSI-Lead and ERPSI-2 nd must be ours, we suggest to please allow prevails .
ISO/ IEC-9001: 2008/2015 or above certified. credentials, certifications of member
firms as submissible documents like
experience credentials and CMMI/ ISO
certificates to demonstrate our capability
. This will allow us to bring in Subject
Matter Experts and global Leading
practices during the project execution as
well. This is all the more required as we
are Limited Partnerships (LLPs) and are
15-16 3.1 The Bidder should have been in the IT / Software The major scope of this RFP is of SAP
services for the last 10 years. Further, the bidder Migration services. Hence, we recommend
should have successfully implemented Three ERP following criteria to be considered-
Projects of the offered ERP OEM Product in India in last i) SAP migration experience should be
10 years. considered as part of Qualification and
Refer RFP Document/RFP Condition
133 3.1 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

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.

General Query What model of resource deployment is


expected during support period?
Refer RFP Document/RFP Condition
144 1. Full onsite
prevails .
2. Full offshore
3. Mix of Onshore/ Offshore
Annexure C – Scope of Work Template for Option 4 The scope indicates the brownfield
(Upgrade of existing ERP system) migration to S4HANA.
4. Migration Approach: Brownfield Please confirm the availability of existing security
documents, like:
Will be shared with selected ERPSI
145
as and when required

General We request you to provide


a) no of valid roles in Production system Will be shared with selected ERPSI
146
b) No. of custom transactions as and when required

General Query Is 24*7 support for AMS applicable only for


Refer RFP Document/RFP Condition
147 Critical incidents or is applicable for all kind of
prevails .
incidents?
General We request to please consider granting a period
of at least “4 week” time for “submission Refer RFP Document/RFP Condition
148
of bid” post “pre-bid clarifications” are prevails .
issued by APDCL.
An IT project that has been implemented with some Lead
Member, and that project is shown as a credential by my
Refer RFP Document/RFP Condition
149 consortium partner for APDCL project; will that
prevails .
credential qualify?

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.

We would recommend to mention that the


Annexure B - Technical Specifications Desktops Type 1 (All Refer RFP Document/RFP Condition
156 261 keyboard and mouse should be from the same
in One) – Keyboard Keyboard and Mouse prevails .
OEM and desktop.
Kindly confirm which version of Windows 11 –
Home or SL or Professional. Also would request
to include an undertaking from OEM that the OS
Annexure B - Technical Specifications Desktops Type 1 (All
157 261 will be preloaded from the OEM factory Refer to corrigendum
in One) – OS Windows 11
premises. Such undertaking to be signed by a
person having POA in the OEM which should be
a part of the bid submission.
We would request for inclusion of ROHS, TCO 8.0
Annexure B - Technical Specifications Desktops Type 1 (All certificate for the product. Also the please Refer RFP Document/RFP Condition
158 261
in One) – Certificate Energy Star and EPEAT/ CE Compliant include that the OEM should be ISO 9001, 14001, prevails .
20001, 27001.
Annexure B - Technical Specifications Desktops Type 2 (All We would request you to go for 12th Gen based
Refer RFP Document/RFP Condition
159 261 in One) - Minimum Intel i5 @ 3.0 Ghz, 18 MB cache, 6 processor and the same has been launched and
prevails .
cores, 12 threads or equivalent AMD processor available commercially in industry.

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


Refer RFP Document/RFP Condition
161 261¶ in One) – RAM Minimum 16GB DDR4 3200MHz, We would request for expandability upto 64 GB
prevails .
expandable up to 32GB DDR4 3200MHz
We would recommend 1 TB SATA for storage
Annexure B - Technical Specifications Desktops Type 2 (All Refer RFP Document/RFP Condition
162 261 and 256 GB NVMe SSD for OS and other
in One) – HDD Minimum 500 GB SSD storage prevails .
applications to be hosted on the same
We would recommend minimum 23.8” display
Annexure B - Technical Specifications Desktops Type 2 (All
for better user experience as it will be long Refer RFP Document/RFP Condition
163 261 in One) – HDD Minimum 18.5" Screen diagonal HD or
working hours and multiple screen viewing at the prevails .
higher
same point of time.

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.

We would recommend to mention that the


Annexure B - Technical Specifications Desktops Type 2 (All Refer RFP Document/RFP Condition
165 261 keyboard and mouse should be from the same
in One) – Keyboard Keyboard and Mouse prevails .
OEM and desktop.
Kindly confirm which version of Windows 11 –
Home or SL or Professional. Also would request
to include an undertaking from OEM that the OS
Annexure B - Technical Specifications Desktops Type 2 (All
166 261 will be preloaded from the OEM factory Refer to corrigendum
in One) – OS Windows 11
premises. Such undertaking to be signed by a
person having POA in the OEM which should be
a part of the bid submission.
We would request for inclusion of ROHS, TCO 8.0
Annexure B - Technical Specifications Desktops Type 2 (All certificate for the product. Also the please Refer RFP Document/RFP Condition
167 261
in One) – Certificate Energy Star and EPEAT/ CE Compliant include that the OEM should be ISO 9001, 14001, prevails .
20001, 27001.

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

Please confirm whether the compliance required


Refer RFP Document/RFP Condition
169 against the FRS Points mentioned in this section.
prevails .
Annexure -A (Page If Yes, APDCL should provide a detailed editable
199) 199 FRS Excel Sheet for the FRS document

170 With Respect to Requirement of BI/BO please Refer to corrigendum


Annexure-C 267 Functional Requirement Specification (Page - 267) specify the no. of users who will be using BI/BO
The Payment terms mentioned is not aligned
with the SaaS based approach provided by RISE. Refer RFP Document/RFP Condition
171
Section 14.1.2 (Page Request to Modify this in alignment with SaaS prevails .
184) 184 Payement Terms for ERP System Software model

RISE with SAP - Private Cloud Edition provide


172 comitted SLA services covering Refer to corrigendum
Part G - ERP System - Annual Technical Support (ATS) Cost licence+ATS+Infra+Techincal Managed Services,
Page No 89 89 for APDCL hence there is no separate cost item of ATS.

With RISE with SAP Private Cloud, SAP provide


reserved instances with predictable cost, also we
173 do system provisioning in advance considering Refer to corrigendum
significant YoY data growth. Hence auto scaling
Section3.2 (c) (Page Cloud Solution, IT Infrastructure & Network Solution - of infrastructure in not possible request to
100) 100 Autoscaling features consider & amend the mentioned clause.

With RISE with SAP Private Cloud, SAP provide


reserved instances with due consideration on
YoY growth. The dedicated infrastructure will be
174 Refer to corrigendum
provisioned for customer from day 1 with fixed
cost amortized for a period of 5 years & cannot
Section3.2 (n) (Page Cloud Solution, IT Infrastructure & Network Solution - Scale be changed. Hence request to consider & amend
100) 100 up & down and payment on actual usage the mentioned clause.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response

With RISE with SAP Private Cloud we provide


reserved instances with due consideration on
YoY growth. The required additional provision of
175 infrastructure will be provisioned after approval Refer to corrigendum
from APDCL through signed Changed Request
(CR). The auto-scaling up & down of capacity
Section 3.2.2.2. (b) & ( cannot be provided hence request for due
c) Resource Management consideration.

RISE with SAP Private Cloud provides two


standard options of RTO & RPO.
176 Option1 : RTO – 12 hours & RPO – 30 minutes. Refer to corrigendum
Option 2 : RTO – 12 hours & RPO – 0 minutes.
However, in case customer requires reduced
Section 3.2.2.7 & RTO, then RTO = 4 hours can be made available
3.2.3.9 (Page 106 & Business Continuity Services (Disaster Recovery) - RTO <= with additional commercials. Hence kindly
112) 106/112 1 Hour & RPO < 15 Minutes consider & provide guidance accordingly.

In RISE with SAP solutions covering


licence+ATS+Infra Managed Services+Techincal
177 Managed Services will will be provisioned in Refer to corrigendum
advance & hence the payment terms will be
annually in advance. Hence request to accept &
Section 14 (Page 184) 184 Payment terms modify the payment terms.
SAP provides overall SLA of 99.7% at application
availaibility level & all the penalities as per
178 standard global agreement. Hence request Refer to corrigendum
consideration & modification in alignment with
Section 15 (Page 187) 187 Service Level Agreement SAP agreements.
The system uptime availiability will be provided
by SAP as per the committed SLA of 99.7%
however the effective utilization will be
179 Refer to corrigendum
responsibility of customer & SAP takes no
Section 15.2.5 (Page resposibility of the same hence request
193) 193 Performance Parameters modification.
Contract Performance Security We request you to amend the clause as below

We request APDCL to have direct contract of


RISE with SAP with OEM (SAP) Or in case it needs
to be routed through SI, Performance Guarantee
should not be applicable.
Refer RFP Document/RFP Condition
180 Section 3, Clause 30 45
prevails .
Justification -> In case RISE with SAP is routed
through SI, we need to have our PBG block with
SAP also for complete contract period, hence,
request you to kindly re-look into this.

Overview of ERPSI Scope of Work We request you to amend the clause as below

SD-WAN ERPSI needs to provide any sort of


Specifications so that APDCL can take it ahead
for the budgetary estimation from the
respective solution providers and necessary
tendering part.
Refer RFP Document/RFP Condition
181 Section 1 92 Since, SD-WAN will be separate contract, hence,
prevails .
ERPSI will not be liable to sign any triparty
agreement and any agreeement (SLA's, Roles &
Responsibilites etc.) will primarily between SD-
WAN vendor & APDCL only

Payment Terms 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

Payment Terms We request APDCL to procure the necessary


Section 14, Clause Desktop, Laptop, UPS directly from OEM/ Refer RFP Document/RFP Condition
183 182
14.1.3 ERP Hardware (ERP System Implementation Phase Cost – respective solution providers. prevails .
Part B)
Bid Submission We request you to provide Six (6) weeks time to submit
Refer RFP
BidDocument/RFP
from the date of
Condition
publish of Pre-Bid Queries r
184
prevails .
It is requested to consider the experience of
Clause 1.2 of General Parent / subsidiary company(ies) of the bidder in
Refer RFP Document/RFP Condition
185 Qualification 14 which the bidder has major shareholding. The
prevails .
requirements valid CMMI certification for the subsidiary
company shall be submitted in this regard.

Clause 1.3 of General It is requested to consider the experience of


Refer RFP Document/RFP Condition
186 Qualification 14 Parent / subsidiary company(ies) of the bidder in
prevails .
requirements which the bidder has major shareholding.
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
Considering the scale of the project, requirement
of 500 full time resources is too high. Request to
kindly amend the clause as below:"The bidder
must have at least more than 500 full time
resources of the proposed ERP OEM product.
Clause 1.5 of General Additionally, bidder must have at least 10 OEM
Refer RFP Document/RFP Condition
187 Qualification 14 certified resources of each proposed module of
prevails .
requirements the proposed ERP OEM Product. The
requirement can be met through the experience
of parnet / subsidiary company(ies) of the bidder
in whihc the bidder has major shareholding" A
self certificate on the subsidiary company letter
head shall be submitted in this regard.

It is requested to kindly consider the experience


Clause 3 of of parent / subsidiary company(ies) of the bidder
Refer RFP Document/RFP Condition
188 Credentials and 15 in which the bidder has major shareholding.
prevails .
Experience QR Relevant work order and completion certificates
shall be submitted in this regard.

It possesses experience of implementation of


ERP in a utility perspective and can offer its
servies for the implementation of ERP in APDCL.
Clause 3.1 of
It is requested to consider the in-house Refer RFP Document/RFP Condition
189 Credentials and 15
experience of Parent / subsidiary company(ies) prevails .
Experience QR
of the bidder in which the bidder has major
shareholding. Bidder shall submit the self
certificate with regards to the same.

It possesses experience of implementation of


ERP in a utility perspective and can offer its
servies for the implementation of ERP in APDCL.
Clause 4.1, 4.1a and
It is requested to consider the in-house Refer RFP Document/RFP Condition
190 4.1b of Technical 19
experience of Parent / subsidiary company(ies) prevails .
Evaluation Criteria
of the bidder in which the bidder has major
shareholding. Bidder shall submit the self
certificate with regards to the same.
Kindly accept projects within past ten (10) years,
191 Refer to corrigendum
as per the clause 3 of the QR
It is requested to consider the experience of
Parent / subsidiary company(ies) of the bidder in
Refer RFP Document/RFP Condition
192 which the bidder has major shareholding. A self
Clause 3.1 of Technical prevails .
18-19 certificate on the subsidiary company letter head
Evaluation Criteria
shall be submitted in this regard.
We understand that 4 nos. project having
cumulative value of Rs. 24 Crores shall be Refer RFP Document/RFP Condition
193
acceptable for obtaining full marks against this prevails .
requirement. Request to kindly confirm
Self-declaration certificate regarding OEM
certified resources shall be provided as per the
Copy of Self-declaration certificate with the details of OEM Refer RFP Document/RFP Condition
194 1.5 14 requirement of RFP. Giving the names of the
Certified Resource prevails .
resources is not possible in the competitive
environment.
Keeping in mind the present RFP scope and size,
implementation projects of the offered ERP
product in Indian Power Sector Utility should
Bidder should have at least (1) turnkey project work where only be considered.
bidder has implemented hardware/Cloud, software We suggest modification in the clause -- Refer RFP Document/RFP Condition
195 3.1 18
including licenses, network components etc. during the last Bidder should have at least (1) turnkey project prevails .
(8) financial years…… work where bidder has implemented
hardware/Cloud, software including licenses of
offered ERP OEM product, network components
etc. in India during the last (8) financial years……

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 .

There is a standard Power of Attorney issued by


the organization authorizing an individual. We
request APDCL to accept standard Power of Refer RFP Document/RFP Condition
197 Form 10 72 Form 10: Format of Power of Attorney
Attorney as it is very difficult to get the board prevails .
approval for different formats of PoA issued by
different RFPs.

The timeline mentioned is very aggressive.


We suggest timeline of T+12. Refer RFP Document/RFP Condition
198 Project Management 158 ERP System -Migration and Go-Live at All Locations -- T+9
3 months of ERP System -Stabilization Support prevails .
can overlap with Facility Management Support

We request APDCL to align the software license


Supply of Licenses -
payment with it delivery timelines. OEM's
85% of cost of software Refer RFP Document/RFP Condition
199 Payment Terms 14.1.2 184 charges 100% payment to SI on license delivery,
UAT Completion - prevails .
we request APDCL to provide 100% payment
15% of cost of software
against license delivery
As SI has to make 100% payment to Hardware
Supply of Hardware - OEM, we request for the following payment
40% of cost of hardware terms-
Payment Terms Refer RFP Document/RFP Condition
200 184 Installation and Commissioning of Hardware - 40% of cost Supply of Hardware -
14.1.3 prevails .
of hardware 90% of cost of hardware
UAT Completion - 20% of cost of hardware Installation and Commissioning of Hardware -
10% of cost of hardware
Sl No Clause No in RFP Page No. Clause in RFP Clause Change requested APDCL's Response
1. All credentials of Bidder as a Lead Bidder
should be considered and following credentials /
certifications should not be considered:
a) Client Orders subcontracted by OEM to SI
Credentials and Experience for Qualification Requirements Refer RFP Document/RFP Condition
201 b) Implementation in subsidiary/associate
and Technical Evaluation Criteria prevails .
companies of the Bidder
2. If any project / contract involves multiple
group companies / subsidiaries, it should be
treated as only one credential / experience.

We wish to clarify that our bid will be basis the


information provided in the RFP, and if at a later
stage, it is found that the information was not
correct and the same impacts the commercials,
then the Bidder should have the right to make
the necessary changes and submit the revised
4
price. It is further clarified that the Bidder has Refer RFP Document/RFP Condition
202 Bidders to inform 29
relied on the information shared under the RFP prevails .
itself fully
and data shared by APDCL thereafter for
providing deliverables or performing of services
by Bidder. Bidder shall not independently
validate any information provided to it by APDCL,
its agents or third parties and shall be entitled to
rely upon such information’s.

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

Signature Not Verified


Digitally signed by BANDAN KUMAR
BORAH
Date: 2022.08.05 18:14:30 IST
Location: Assam-AS

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