TS-1043 Nit-149 03102016

Annual Maintenance Contract (AMC) of Hardware
consisting of following equipments: Servers and storage

installed at Data Centre at Jabalpur, Disaster RecoverySite
at Bhopal & Customer Care Centres at Indore, Bhopal,
Jabalpur for 1 (one) year under R-APDRP Part-A Scheme
under East, West & Central Discom from Original Equipment
Manufacturer (OEM)
Tender Specification No: MD/WZ/06/PUR/TS-1043 due for

opening 14.10.2016
Purchaser:
M.P. Paschim Kshetra Vidyut Vitaran Company Limited, Indore
M.P. Poorva Kshetra Vidyut Vitaran Company Limited, Jabalpur
M.P. Madhya Kshetra Vidyut Vitaran Company Limited, Bhopal
Issued by:TheExecutive Director (Corporate Office)

O/o MD,M. P. Paschim Kshetra Vidyut Vitaran Co. Ltd,
G.P.H. Compound, Pologround, Indore (MP)
Phone No: - 0731-2426204, 2426363& 2426296, Fax No: - 0731-2426345.
Website: - http://www.mpeproc.gov.in&www.mpwz.co.in
Email:-sepurchase06@rediffmail.com , mppkvvcl.erp@gmail.com
Disclaimer
This Tender Document (also referred as “Request for Proposal” or “RFP”) is not an agreement
and is not an offer or invitation by Purchaserto any Bidder other than the one that qualifies
based on evaluation of submitted bids. The purpose of this Tender Document is to provide
information to the potential Bidders to assist them in responding to this Tender Document.
Though this Tender Document is prepared with sufficient care to provide all required
information to the potential Bidders, they may need more information than what has been
provided. In such cases, the potential Bidder is solely responsible to seek the information
required from Purchaserat his / her own cost. Purchaser reserves the right to provide such
additional information at its sole discretion. In order to respond to the Tender Document, if
required and with the prior permission of the Purchaserthe potential Bidder may conduct his
own study and analysis, as may be necessary.
Purchaser makes no representation or warranty and shall incur no liability under any law,
statute, rules or regulations on any claim the potential Bidder may make in case of failure to
understand the requirement and respond to the Tender Document. Purchaser may in its
absolute discretion, but without being under any obligation to do so, update, amend or
supplement the information in this Tender Document.
Purchaser reserves the right to withdraw from the process or any part thereof, to accept or
reject any or all offers at any stage of the process and/ or modify the process or any part thereof
or to vary terms at any time without assigning any reason whatsoever. No financial ob ligation
will accrue to Purchaser, in such an event.
Further, Purchaser shall not be responsible for non-receipt of any correspondence sent by
post/courier/e-mail/fax.
CONTENTS
Page
Section Particulars
No.
1. (A) KEY DATES & BASIC TENDER INFORMATION 3
2. EARNEST MONEY DEPOSIT (EMD) 10
3. IMPORTANT INSTRUCTIONS 11
4. QUALIFYING CRITERIA 21
5. SCOPE OF WORK & AREA OF JURISDICTIONS 22
6. GENERAL CONDITIONS OF AGREEMENT 25
7. Special Conditions of Contract 35
Schedules
Schedule A- TENDER FORM 38
Schedule B- DECLARATION 39
Schedule C- GENERAL PARTICULARS 40
Schedule D- BIDDERS INFORMATION 41
Schedule E- Conflict of interest 42
Schedule F- Check List 43
Schedule G- Format for Compliance against Qualifying Criteria 44
Schedule H- 45
Ex-work Service tax Servic Total

8. price per (Rate) (%) e tax Price pe
unit for 1 (Rs. unit
Sr. Qty year AMC /Unit) (includin
Particulars / Description Unit
No. Charge taxes)
(Excluding (Rs. /Uni
taxes) –
(Rs./Unit)
1 2 3 4 5 6 7 8=(5+7)
A - Category IT Hardware for
Data Centre
1 HP DL 380 G6 Servers Nos . 48
2 ProLi a nt DL585 G6 Servers Nos . 4
HP-B Seri es 4/256 SAN Nos .
5 2
di rector (SAN Switch)
6 HP Enterpri s e XP 24000 Nos . 1
(SAN Stora ge)
7 ESL712e (Ta pe Library) Nos . 1

B - Category IT Hardware for
Data Recovery Centre
5 2
HP Enterpri s e XP Nos .
6 1
24000(SAN Stora ge)
C - Category IT Hardware for CCC
Indore
Indore
Indore
Gra nd Total
Annexures
Annexure-I Form of Bank Guarantee for Performance Security 47
Annexure -II Format for Contract Agreement 49
Annexure -III Service Level Agreement 52

Page 3
SECTION – 1
(A) KEY DATES & BASIC TENDER INFORMATION
Particulars Details
Annual Maintenance Contract (AMC) of Hardware
consisting of following equipments: Servers and storage
installed at Data Centre at Jabalpur, Disaster Recovery
Name of Project Site at Bhopal & Customer Care Centres at Indore,
Bhopal, Jabalpur for 1 (one) year under R-APDRP Part-A
Scheme under East, West & Central Discom from
Original Equipment Manufacturer (OEM)
MD / WZ / 06 / PUR /TS-1043 due on 14.10.2016
Tender Specification number
Pre- Bid
Due date of physical submission of
Tender (proof of online EMD
13-10-2016 up to 17.00 Hrs.
submission in Part-I + Techno-
Commercial Bid in Part-II) in Hard
Copy
Key Dates (Online Only)

Seq
MPPKVVCL Stage Contractor Stage Date & Time
No.
1 Purchase of Tender Start Date Tender Purchase – Online 02.10.16 at 13:00 Hrs
2 Purchase of Tender End Date 12.10.16 at 17:30 Hrs
3 Bid Submission End Date Submission of Bid Online 13.10.16 at 17:30 Hrs
Mandatory Submission (Envelope Submission of EMD
4 14.10.16 at 10:30 Hrs
– A) Open Date (Envelope – A)
Submission of Techno-
Techno-Commercial Bid (Envelope
5 Commercial Bid (Envelope 14.10.16 at 11:00 Hrs
– B) Open Date
– B)
Financial Bid (Envelope – C) Open Submission of Financial
6 22.10.16 at 10:30 Hrs
Date Bid (Envelope – C)
Note: -
(1) The bidders are required to submit all the desired documents online as well as
physically except price bid (Envelope-c).
(2) The Bidder shall quote their rates online only in Schedule – Hto be kept in Envelope
– C and upload online as per Key Dates. Please note that, the Schedule – H, i.e.
Financial Bid (Envelope – C) shall not be accepted physically. In case Envelope – C is
submitted physically, the Bid shall be rejected. The Financial Bid shall be opened
online as per Key Dates, but quoted rates for only qualified items of successful
Bidders will be read out and considered by the Tender opening authority.
(3) The bidders have to upload following documents online in Envelope – A as per key
dates: -
Page 4
The Bidders are required to invariably upload the valid documentary evidence of
submission of online EMD (or EMD Exemption Certificate if applicable) in Envelope-A
without which online offer i.e., Envelopes-B & C shall not be opened.
(4) The bidders have to upload scan copyof following documents duly sealed, signed &
dated,online in Envelope – B as per key dates: -
(i) Following certificate: -
It is certified that we unconditionally agreed to the following clauses of
tender specification: -
(i) PAYMENT TERMS : AGREED.
(ii) SECURITY DEPOSIT : AGREED.
(iii) PENALTY : AGREED.
(iv) PERFORMANCE GUARANTEE : AGREED.
(ii) Power of Attorney
(iii) Schedule A- Tender Form
(iv) Schedule B- Declaration
(v) Schedule C- General Particulars
(vi) Schedule D- Bidders Information
(vii) Schedule E- Conflict of Interest
(viii) Schedule F- Check List
(ix) Schedule G- Filled Format for Compliance against Qualifying Criteria.
The above schedules should be filled online in specified templates and the supporting
documents should also be attached online. Please note that in absence of the supporting
documents the offer may not be evaluated & is liable for rejection. If required & considered
by MPPKVVCL, requisite documents & clarifications against the online submissions may be
asked physically from the concerned bidder while evaluation of the offers.
(III) IN ENVELOPE– C: -
The bidder has to quote their rates online only in schedule-H to be kept in Envelope ‘C’ and
upload online as per key dates. Please note that, the Schedules of price bid, (Schedule-H), i.e.
Financial offer (Envelope-C) will not be accepted physically. In case Envelope-C is submitted
physically the bid will be rejected. The entire price bid shall be opened online as per key
dates, but quoted rates for only qualified items of successful bidders will be read out &
considered by the tender opening authority.
(5) PHYSICAL SUBMISSION
The documents uploaded online in Envelop-A & B must be submitted physically also in the
same manner i.e. Envelop-A&B kept in main Envelop and submit the same on one (1) day
prior from due date of opening of tender up to 17:00 Hrs positively failing which the online
offer may not be considered for opening. The MPPKVVCL may ask to produce original
documents for verification purpose. The following documents shall be required to be
submitted along with offer.
The documentary evidence of submission of EMD and complete tender document duly sealed
& signed along with supporting documents as per tender requirement.
(6) The date of opening of financial / price bid may vary depending upon time require in techno-
commercial evaluation & related issues. The bidders may please keep themselves updated
regarding price bid opening from the E-portal.
(7) In case of any of above dates is declared as holiday / local holiday then the date will be
shifted to next working day.
Page 5
(B)Notice Inviting Tender

No. MD/WZ/06/PUR/NIT-149/16762 Indore, dated: 27.09.2016
Online short tenders are invited for supply of following services. The bid seals will be
received online on the e-portal http://www.mpeproc.gov.inup to date & time indicated
below. The tenders will be opened in the office of the undersigned as mentioned in tender
time schedule (key date). If desired, the bidder or their duly authorized representatives may
remain present at the time of opening of tender: -
Sr. TS No. Name of Items Unit Approx. Approx. EMD Tender Due date of
No. Qty Value (Rs.) Fee opening of
(Rs. in (Rs.) tender online
Cr.) from 10:30
Hrs.*
1 TS-1043 AM C for 1Years of HP No. 01 2.22 50,000/- 5,000/- 14.10.2016
make servers and storage
hardware installed at data
center, Jabalpur & DR
Bhopal under RAPDRP-A.
2 TS-1044 AM C for 1Years of HP No. 01 0.59 30,000/ 2,000/- 14.10.2016
make PC & Printer
hardware installed at 83
towns of East, West &
central DISCOM under
RAPDRP-A.
3 TS-1045 AM C for 1Years of Cisco No. 01 0.29 15,000/ 2,000/- 14.10.2016
make Appliances, Switches,
Routers and RPS hardware
installed at data center,
Jabalpur, DR Bhopal and
CCC Indore under
RAPDRP-A.
4 TS-1046 AM C for 1Years of No. 01 1.29 50,000/- 5,000/- 14.10.2016
Emerson make UPS
hardware installed at data
center, Jabalpur, DR Bhopal
CCC Indore and 83 towns
under RAPDRP-A.
* For updated / extended due dates for opening of tender (EMD in Envelope-A &
Techno-commercial bid in Envelope-B) please refer to the online key dates.
NOTE: -
1. Other details can be seen in the complete tender documents available on e-portal
http://www.mpeproc.gov.in.
2. Tender documents can be purchased only online and downloaded from
http://www.mpeproc.gov.inby making online payment for the prescribed non-
refundable tender fees. Only in case if the tender is dropped without opening, the
tender fees shall be refunded after deduction of necessary portal charges. Manual
purchase of tender is not allowed.
3. The Bid Data should be filled in and the Bid Seals of all the Envelopes and the
documents which are to be uploaded by the Bidders should be submitted online as
per time schedule (Key Dates).
4. The relevant portion of tender which tenderers have to fill online would be available
on above website on date mentioned against each tender. The Bidders shall have to
submit their Bids online and upload the relevant documents / forms as per time
schedule (Key Dates).
Page 6
5. Since the online bidders are required to sign their bids online using Class III-Digital
Certificates only, hence they are advised to obtain the same at the earliest. For
further information, Contractors are requested to contact Madhya Pradesh State
Electronic Development Corporation Ltd, State IT Centre, 2nd Floor, 47-A, Arera Hills,
Bhopal-462011, Telephone No. 0755-2518500 / 269, E-mail: brahme@mpsedc.com
or M/s Tata Consultancy Services Limited, 5th Floor, Corporate Block, DB Mall, Arera
Hills, Bhopal- 462 011, Tel No. 0755-4075010, & Toll Free No.18002748484, E-mail
Address: eproc_helpdesk@mpsdc.gov.in. Shri Ajay Khare of M/s TCS Limited could
be contacted on Mobile No. 08989-436595 for this.
6. Bidders intending to participate in the Tender are required to get themselves trained
on the e-Procurement System. They are required to contact the Service Provider-M/s
Tata Consultancy Services Limited to confirm their session in advance.
7. The required amount of EMD shall be accepted through online payment only as
per the clause No. 8 of the “Guideline & Instructions to bidders”.
The Bidders are required to invariably upload the valid documentary evidence
of submission of online EMD (or EMD Exemption Certificate if applicable) in
envelope-A without which online offer i.e., Envelopes-B & C shall not be opened.
8. No offer will be accepted without valid Earnest Money Deposit, unless exempted by
the Company. If on opening of tender, it is revealed that EMD amount is inadequate
/ any other discrepancy is noticed, the tender shall be rejected and returned to the
tenderer.
9. The corrigendum or addendum to the bidding documents, if any, as well as any
change in due date(s) of opening of tender will be published on the website
https://www.mpeproc.gov.in& also Company’s website
http://www.mpwz.co.inbut will not be published in newspaper. Hence participant
bidders are advised to regularly visit the websites until the bid opening. The
Company shall not be responsible in any way for any ignorance of the bidders about
the corrigendum or addendum or change in the due date(s).
10. The company reserves the right to reject any or all the tenders or accept any tender
in full or part as considered advantageous to the company, whether it is lowest or
not, without assigning any reason whatsoever it may be.
11. The physical submission of any document is not required, however for
verification purpose MPPKVVCL may ask to produce original documents
physically.
12. The tender document will be uploaded on portal on or after dated 01.10.2016 the
interested bidders are advised to regularly visit the portal for the purpose .
- Sd -
Executive Director (Purchase)
O/o MD (WZ), MPPKVVCL,Indore
Page 7
(C)GUIDELINES & INSTRUCTIONS TO BIDDER

Sr. No. Title Description
Contractors / Vendors / Bidders / Suppliers can have access
to free view of Tenders by using centralizer Govt. of Madhya
1 Website
Pradesh portal (www.mpeproc.gov.in) of various
departments.
To Download / View the tender notifications and
corrigendum free of cost from website, follow the steps
given below: -
1. Click on “TENDER” after opening the e-Procurement
website.
2. Provide all or any one of the options like “Tender
2 Live Tenders Number”, “Region”, “Estimated Cost”, “Purchase of
Tender Date (from and to)”,“Bid Submission End date” or
“any key words from Tender Description”.
3. Click “Submit” to view the results. A list of tenders will
appear on the screen.
4. Click to print the notification.
5. Click to view the cost free documents.
For all the users it is mandatory to procure the Digital
Signatures. For Digital Signature contact e-Procurement Help
Desk. Contractors / Vendors / Bidders / Suppliers are
requested to follow the below steps for registration: -
1. Click “Register”, fill the online registration form.
2. Pay the amount of Rs. 562/- through Internet Payment
Gateway. Any of the Master / Visa card will be accepted.
3. Send the acknowledgment copy to
Registration
eproc_helpdesk@mpsdc.gov.in for verification.
3 & Digital
4. As soon as the verification is being done the e-
Signatures
Procurement user id will be enabled.
5. Before making the payment the Contractor / Vendor /
Bidder will have to upload the following documents in
scanned form in the website: -
Documents to upload: -
(a) Company Address Proof
(b) PAN Card
(c) Company Registration Certificate
After viewing the Tender Notification, if bidder intends to
Participation
participate in tender, the bidder shall use his e-Procurement
4 in the
User Id and Password which has been received after
Tender
registration and acquisition of DSCs.
If any Contractors / Vendors / Bidders / Suppliers wants to
participate in the tender, the bidder shall follow the
instructions given below: -
5 Login
1. Insert the PKI (which consist of your Digital Signature
Certificate) in your System.
(Note: Make sure that necessary software of PKI be installed
Page 8

in your system).
2. Click / Double Click to open the Microsoft Internet Explorer
(This icon will be located on the Desktop of the computer).
Or
3. Go to Start > Programs > Internet Explorer.
4. Type www.mpeproc.gov.in in the address bar, to access
the Login Screen.
5. Enter e-Procurement User Id and Password, click on “Go”.
6. Click on “Click here to login” for selecting the Digital
Signature Certificate.
7. Select the Certificate and enter DSC Password.
8. Re-enter the e-Procurement User Id Password.
9. Select the Departments from the drop box with which
intends to participate in the tender.
To make a request for Tender Document Contractors /
Vendors / Bidders / Suppliers shall follow below mentioned
steps: -
Online
1. Click “Un Applied” to view / apply for new tenders.
6 Request for
2. Click on for online request.
the Tender
3. Pay the Tender Fee / Processing Fee online.
4. Click “Select Department” to switch over from one
department to another.
After making the request, Contractors / Vendors / Bidders /
Suppliers will receive the Tender Documents which can be
checked and downloaded by following the below steps: -
Download 1. Click to view the tender documents which are received by
7
Documents the user.
2. Tender document screen appears.
3. Click “Click here to download” to download the
documents.
To upload the supporting documents Contractors / Vendors /
Bidders / Suppliers shall follow the below mentioned steps: -
1. Click “Click here to Attach the General Documents” to
upload all the documents which are already saved in the
vendor profile. This is the important and first step to be
Upload files performed to avoid disqualification.
– Techno- 2. Click “Click here to enter EMD Details” to feed the EMD
Commercial details and upload the scanned EMD.
Bid / 3. You can opt for OTC or NEFT to pay EMD / form fee online.
8
Financial Bid 4. When the user finishes with the payment of EMD, the
/ EMD / “Red colour” will automatically turn to “Black colour” which
mandatory reflects that the user is two steps ahead for the submission.
documents 5. Click “Click here to Download Empty Document” to
download the Techno-Commercial Bid and Financial Bid and
fill the same without changing the “File Name” and save on
to the computer.
6. Click “Click here to Upload the Filled File”, select the filled
file which was already filled and saved in the same name.
Page 9

Click “OK” to upload the filled Techno-Commercial Bid and
Financial Bid to the tender.
7. Note that when the user uploads the filled Techno-
Commercial Bid and Financial Bid, the “Red colour” will
automatically turn to “Black colour” which reflects that user
is ready for the final submission.
8. Provide the entire mandatory documents (if any)
requested by the official.
Once the supporting documents are uploaded, these will be
attached with tender by following steps: -
To Upload /
1. To attach the additional documents to any tender click
attach the
9 “Document Library” and upload the same.
additional
2. Attach the required documents to the concerned tenders
documents
from general document section to the tender document
screen.
After completing all the formalities Contractors / Vendors /
Bidders / Suppliers shall submit the tender and they must
take care of following instructions: -
1. Prior to submission, verify whether all the required
To Submit
10 documents have been attached and uploaded to the
the Tender
particular tender or not because once submitted bids cannot
be revised.
2. Note down / take a print of bid control number once it
displayed on the screen
To
participate 1. Tender opening event can be viewed online.
11
for the 2. Competitors bid sheets are available in the website for all.
opening
e- Help Desk Contact Details: -
12 Procurement Toll free no’s: 18002748484 / 18002745454
Help Desk E-mail: eproc_helpdesk@mpsdc.gov.in
-Sd-
Page 10
SECTION-2
EARNEST MONEY DEPOSIT (EMD)
1. The Techno-Commercial Bid shall contain the EMD.
2. The Bidders are required to furnish the EMD and the value of EMD for this project
shall be as under: -
TS No.
Sr. MD / Name of Work EMD
No. WZ / 06 (Rs.)
/ PUR /
Annual Maintenance Contract (AMC) of
Hardware consisting of following
equipments: Servers and storage installed at
Data Centre at Jabalpur, Disaster Recovery
1 TS-1043 Site at Bhopal & Customer Care Centres at 50,000/-

Indore, Bhopal, Jabalpur for 1 (one) year
under R-APDRP Part-A Scheme under East,
West & Central Discom from Original
Equipment Manufacturer (OEM)
NOTE: -
Estimated quantity may vary in future as per the Clause No. 4 (ii) (b) under Section -
3 (A) of this Tender.
Page 11
SECTION-3
(A) IMPORTANT INSTRUCTIONS
1. INTRODUCTION
(I) Madhya Pradesh Paschim Kshetra Vidyut Vitaran Co. Ltd., Indore, has issued the
subject bid. Companyis wholly owned by Government of M.P. and registered under
the Company’s Act 1956. M.P. Paschim Kshetra Vidyut Vitaran Company Limited,
Indorehas its registered office at GPH Compound, Pologround, Indore-452003.
(ii) MPPKVVCL, Indoreis engaged in sale and distribution of electrical energy in fourteen
(15) districts of Madhya Pradesh namely Indore, Khargone, Khandwa, Burhanpur,
Barwani, Jhabua, Dhar, Alirajpur, Ujjain, Ratlam, Mandsaur, Neemuch, Dewas,
Shajapur, Agar.
(iii) Bidders are invited to submit Techno-Commercial Bid and Financial Bid for services
required as detailed in Scope of work and Area of jurisdiction (Section-5).
(iv) To obtain first hand information of the assignment and local conditions, the Bidders
are requested to pay visit to the Company’s Corporate Office as well as remote
locations as mentioned in scope of work and Area of jurisdiction (Section-5).
(v) The particulars of the proposed work given are provisional and must be considered
only as advance information to assist the applicant. Enhancement or Curtailment in
the quantum of the work will not vitiate the contract.
(vi) Joint Venture or Consortium will not be permitted.
(vii) Please note the following:
(a) Cost of preparing the Bids including visits to the field locations are not
reimbursable as a direct cost of the assignment.
(b) MPPKVVCL, Indore is not bound to accept any of the bids submitted.
(viii) The bids must be properly signed as detailed below:
(a) By the proprietor in case of a proprietary firm.
(b) By a duly authorized person holding the Power of Attorney in case of a limited
company or a corporation (A certified copy of the Power of Attorney shall
accompany the proposal).
2. DOCUMENTS
(i) To enable you to prepare a proposal, please find and use the attached documents
listed in Section – 8 (Schedules).
(ii) At any time before the submission of the proposals, MPPKVCCL, Indore may, for any
reason, whether at own initiative or in response to a clarification requested by an
invited Bidder, modify the documents by issuing an amendment. The amendment
will be notified in the Company/procurement website or writing or tele-fax to all the
invited Bidders and will be binding on them. MPPKVVCL, Indore may at its discretion
extend the deadline for submission of the proposals.
3. PREPARATION OF THE PROPOSAL

Bidders are requested to submit a Techno-Commercial Bid and a Financial Bid. The
Bids shall be in English language only.
Page 12
4. TECHNICAL PROPOSAL
(i) Bidders are expected to examine all terms & conditions and comply with all the
instructions included in the Tender documents. Failure to provide all or any of the
requested information will be at the risk of the Bidders and may liable to rejection of
the proposal.
(ii) During preparation of the Techno-Commercial Bid, the Bidder must give particular
attention to the following: -
(a) Total assignment period is indicated in the Scope of work & Area of
jurisdiction (Section-5). Bidders should feel free to make their own
assessment considering the requirement of the work output as per the
requirement of the Scope of work, including the assessment of the support
personnel (both technical and administrative) and submit the proposals
accordingly. The Bidder shall have the complete responsibility for the timely
completion of works and no additional fee on any account shall be paid for.
(b) The Purchaser reserves the right to increase or decrease up to 20% (Twenty
percent only) in the quantity of hardwares specified without any change in
unit price or other terms & conditions during the execution of the contract.
Payment will be allowed as per actual quantities supplied and as per actual
work done provided that the total payment does not exceed contract price
by 20%.
(iii) Bidder’s Techno-Commercial Bid shall include but not limited to the following: -
(a) Power of Attorney
(b) Schedule A- Tender Form
(c) Schedule B- Declaration
(d) Schedule C- General Particulars
(e) Schedule D- Bidders Information
(f) Schedule E- Conflict of Interest
(g) Schedule F- Check List
(h) Schedule G- Filled Format for Compliance against Qualifying Criteria.
Note: The above structure shall be mandatorily followed by the Bidder.
5. FINANCIAL PROPOSAL
The Financial Bid shall be submitted online as per Schedule – H(Price Schedule –
Financial Bid).
6. EVALUATION OF BID & AWARD OF CONTRACT
Following two (2) stage procedure shall be adopted for evaluation of the bids: -
(a) Techno-Commercial Evaluation
(b) Financial Evaluation
(c) Award of Contract
(a) TECHNO-COMMERCIAL EVALUATION: -
The Techno-Commercial Bids shall be evaluated based on the following criteria:

(i) Financial stability
(ii) Experience as defined in Section-3 “Qualification Criteria”
Page 13
(b) FINANCIAL EVALUATION: -
(i) Financial bid shall be opened of only those bidders who have qualified the
qualifying criteria in techno-commercial evaluation.
(ii) The price bid shall be evaluatedbased on the prices (including all taxes, duties
and levies)quoted for respective BOQ for one (1) year period.
(c) Award of Contract:-
(i) After completion of bidding process, it will be the sole discretion of Discoms
to award the contract.
(ii) For hardware pertaining to Date Centre, award of contract will be issued by
East DISCOM(Jabalpur).
(iii) For hardware pertaining to Date Recovery Centre, award of contract will be
issued by Central DISCOM(Bhopal).
(iv) For hardware pertaining to CCC, award of contract will be issued by individual
DISCOM for the hardware items installed at their DISCOM.
(v) After issuance of “Award of Contractof Each DISCOMwill execute the contract
agreement with successfull bidder.
- Sd -
Page 14
(B)GENERAL INSTRUCTIONS TO BIDDER

ED (Corporate Office), O/o MD (West Zone), M.P.P.K.V.V.C.L., Indore here-in-after
referred to as “Purchaser”, will receive online& physically sealed tenders / bids.
1. GENERAL
Please refer for Guidelines & Instruction to Bidder, Section – 1 (C) of this tender and
clause No. 21 of this section for ‘Procedure for submission of bids’.
2. EARNEST MONEY
(i) The Bidders shall deposit the EMD amounting to Rs 50,000/-
(ii) No offer will be accepted without Earnest Money Deposit, unless exempted by the
Company. If on opening of tender any discrepancy in EMD amount is noticed, the
tender shall be rejected.
(iii) The required amount of EMD shall be accepted through online payment only as per
the clause No. 8 of the “Guideline & Instructions to bidders”. The Bidders are
required to invariably upload the valid documentary evidence of submission of
online EMD (or EMD Exemption Certificate if applicable) in Envelope-A without
which online offer i.e., Envelopes-B & C shall not be opened.
(iv) The following are exempted from payment of Earnest Money Deposit: -
a) SSI Units of State of Madhya Pradesh permanently registered with
DIC/Ancillary Units of MPPKVVCL. The registration should be permanent and
should be specifically for the items quoted in the tender and valid on the date
of opening of tender.
b) The Small Scale Unit permanently registered withNSIC, whose registration
certificate is valid for the item quoted on due date of opening of commercial
and technical bid shall be entitled for exemption from EMD. (The renewal /
amendment of certificate should not be more than 3 years old from the due
date of opening of tender).
c) The Medium/Large Scale Manufacturing Units, located in Madhya Pradesh
(other than SSI/ Ancillary units to MPPKVVCL and Govt. undertaking) are
permitted to furnish the EMD @ 50 % (Half) of the rates prescribed above.
Here also, permanent registration is a must in respect of specified item against
this tender.
d) Fully owned State/Central Govt. manufacturing units, if 100% shares are held
by the Govt. concerned, for which documentary evidence must be furnished
with the offer.
e) In case of micro/small/medium scale industries of MP registered with DIC,
the bidder must furnished competency certificate issued by DIC along with
offer. In absence of valid competency certificate not older than 2 years as on
date of opening of tender, the exemption from EMD shall not be granted and
the offer shall be out rightly rejected.
(v) The photo copy of the NSIC/ SSI Registration Certificate for the tendered items duly
attested by GM/Manager of DIC of the area, or an officer of MPPKVVCL not below
the rank of EE, or any Gazetted officer not below the rank of Dy. Collector, shall be
furnished with the offer. In case of unattested copy, the original certificate should
be produced at the time of tender opening for verification.
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(vi) All the SSI/ NSIC units should quote/offer the material only to the extent they are
registered for respective items with SSI/NSIC organization. The certificate should be
valid and duly renewed as the case may be.
(vii) The bidder, who comes under above categories, should furnish documentary
evidence with the offer, failing which his offer shall be rejected.
(viii) In case, the bidder withdraws his offer during the validity period, after placement of
order, the EMD amount shall be forfeited.
(ix) No interest shall be paid on EMD amounts.
(x) Scan copy of instrument / Exemption certificate should be uploaded online.
(xi) Return of earnest money to bidders.
a) EMD shall be returned to the unsuccessful bidders, as soon as possible, after
the tender is decided.
b) EMD of bidders on whom the orders have been placed, shall be returned on
acceptance of security deposit.
3. TAXES AND DUTIES

Bidders are requested to refer General Terms and Conditions of Purchase, regarding
applicable taxes and statutory levies, and quote the prices accordingly.
4. DISCOUNT
There is no provision in the price schedule for quoting any sort of discount. If the
bidder intent to quote any discount, it must be considered only while quoting rate in
schedule-H (Price & Quantity). Discount mentioned anywhere in the offer shall not
be considered at all for comparison purpose.
5. AMENDMENT IN PROVISIONS
The Company may revise or amend the provisions, prior to the date notified for
opening of tender. Such revision/amendment, if any, will be communicated through
online only. This shall be the responsibility of the bidders to keep an update on the
revision/ amendment.
6. TELEX/TELEGRAPHIC/FAX BIDS
Telex/Telegraphic/Fax offers shall not be considered under any circumstances.
7. DELAYED/LATE BIDS
The Company shall not assume any responsibility for any delays towards late
submission of online& physically Bid. No extension in time shall be granted on such
grounds.
8. ALTERNATIVE BIDS
Bids shall be submitted as per intent of tender documents; any alternative offers are
liable to be rejected.
9. MISTAKES IN BIDS
If there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and total price
shall be corrected. In case of ambiguity between rates in figures and words, the
amount quoted in words would prevail. However, Purchaser may, in its sole
discretion, take any other interpretation, or reject such offers.
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10. LUMP SUM BASED BIDS

In case prices for some items or all items are given as a lump sum, instead of unit
prices as required in the tender specifications, Purchaser can summarily reject such
incomplete tender.
11. PRINTED TERMS AND CONDITIONS IN BIDS

Bidder’s printed terms and conditions will not be considered as forming part of the
tender under any circumstances.
12. ALTERATION/ CORRECTION IN BIDS

No alteration/correction in the tender document shall be permitted.
13. INCOMPLETE BIDS

Bids which are incomplete or obscure are liable for rejection.
14. ACCEPTANCE OF PART/WHOLE BIDS-RIGHTS THEREOF

The Purchaser reserves the right to reject any or all the Bids or accept any Bid in full
or part as considered advantageous to the company by considering the financial
feasibility of the project, whether it is lowest or not, without assigning any reason
whatsoever it may be.
15. AMBIGUITIES IN CONDITIONS OF BIDS

In case of ambiguous or self contradictory terms/conditions mentioned in the bid,
interpretation as may be advantageous to the Purchaser may be taken without any
reference to the tenderer.
16. DISQUALIFICATION OF BIDS

A bid which gets opened before the due dates as a result of improper or no
indication having been given on the cover to indicate that it is a tender, will be
disqualified. Bidders will not be permitted to change the substance of its tender on
post interpretation/improper understanding grounds. This includes post tender price
changes/modifications etc. after opening of Financial Bid. In such events, otherwise,
i.e., when a bidder does not purchaser, tender will be rejected.
17. LANGUAGE OF BIDS

All tenders should be made in English only.
18. INFORMATION & QUESTIONNAIRE SUBMISSION

Questionnaires to be furnished by bidder are enclosed with the section-8 of
“Tender” (for general, commercial & technical details). It is compulsory on the part
of the bidder to furnish all details as per the Schedules. In case, the same are not
filled up and enclosed with the tender, the bid is likely to be rejected.
19. DEVIATIONS FROM TERMS/CONDITIONS

Offers with deviation in the terms of payment, security deposit and performance
guarantee are liable to be rejected outright.
20. PROCEDURE FOR SUBMISSION OF BIDS

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(i) The tender shall be submitted in three (3) parts: -

(A) Part-I - “EARNEST MONEY DEPOSIT”
The bidders have to upload following documents online& submitted
physically in Envelope – A as per key dates: -
The Bidders are required to invariably upload the valid documentary evidence of
submission of online EMD (or EMD Exemption Certificate if applicable) in
Envelope-A without which online & physical offer i.e., Envelopes-B & C shall not be
opened.
(B) Part-II-“TECHNO-COMMERCIAL BID”

The Bidder shall submit the following documents in Envelope – B as per Key Dates:
I. Following certificate: -
It is certified that we unconditionally agreed to the following clauses of
tender specification: -
(i) PAYMENT TERMS : AGREED.
(ii) SECURITY DEPOSIT : AGREED.
(iii) PENALTY : AGREED.
(iv) PERFORMANCE GUARANTEE : AGREED.
II. Power of Attorney
III. Schedule A- Tender Form
IV. Schedule B- Declaration
V. Schedule C- General Particulars
VI. Schedule D- Bidders Information
VII. Schedule E- Conflict of Interest
VIII. Schedule F- Check List
IX. Schedule G- Filled Format for Compliance against Qualifying Criteria.
The above schedules and Annexures should be filled online in specified templates
and attach the supporting documents invariably online. Please note that in
absence of the supporting documents the offer may not be evaluated & likely to
be rejected.
(C) Part-III-“FINANCIAL BID” (To be submitted Online only), in the online Price
Schedule. The bidder shall ensure that the prices/ rates are filled in
accordance with the Proforma for “Price Schedule” Schedule – Hto be kept in
Envelope – C and upload online as per Key Dates. Please note that, the
Schedules of Financial Bid, (Schedule – H), i.e., (Envelope-C) will not be
accepted physically.
(ii) Online tender being submitted must be Class III digitally signed by a person holding a
Power of Attorney authorizing him to do so, certified copies of which shall be
enclosed.
(iii) Online tender submitted on behalf of companies registered with the Indian
Companies Act 1957 as amended, for the time being in force, shall be signed by
persons duly authorized to submit the tender on behalf of the Company and shall be
accompanied by certified true copies of the resolutions, extracts of Articles of
Association, special or general Power of Attorney etc. to show clearly the title,
authority and designation of persons signing the Tender on behalf of the Company.
(iv) All the three (3) parts shall be submitted online in three (3) separate Envelopes.
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21. DATE AND TIME OF OPENING OF BIDS – CHANGES

(i) Tender shall be opened online& physically on http://www.mpeproc.gov.in on the
due date and time as notified online tender notice and Key Dates, in the presence of
the bidders or their authorized representatives who may be present.
(ii) If the due date of physically opening/ submission of tender documents are declared
as holiday by Central / State Govt. or local Administration, it will automatically get
shifted to the next working day, for which no prior intimation shall be given.
(iii) The tender opening shall be continued on subsequent day, in case opening of the
entire tender is not completed on the day of opening.
(iv) It may please be noted that the due date / time of opening can be altered, extended,
if desired by the purchaser, without assigning any reasons thereof. However, due
intimation shall be given / published in online notice in such a case.
22. OPENING OF EMD AND COMMERCIAL AND TECHNICAL BID

First envelope of Earnest Money Deposit shall be opened online& physically as per
due date and time, as notified online as per key dates. The requirement for EMD
shall be verified and thereafter, the second part, i.e. the Commercial and Technical
Bid, shall be opened as per key dates in respect of bidders eligible as per EMD. The
date of opening of EMD & Technical / Price Bid shall be the date of opening of
tender for all the purpose.
23. OPENING OF FINANCIAL BID

The Financial Bid shall be opened online as per Key Date or any subsequent date
only after evaluation of Techno-Commercial bid.
The offers which are in conformity with important commercial Terms & Conditions
including Payment terms, Penalty, Security Deposit and Performance Guarantee
clause of Tender specification and exactly as per our technical specification, shall be
eligible for opening of their Financial Bid.
24. CANVASSING OF BIDS

Tender shall be deemed to be under consideration, after opening of tender/ bid, till
placement of order. During this period, the bidders or their authorized
representatives or other interested parties are advised strongly, in their own
interest, to refrain from contacting by any means with any of the Purchaser’s
personal or Representative, on matters relating to tender under proces s.
The Purchaser desires to deal directly with the bidder, to avoid delay in decision
making. It will be in the interest of bidder to avoid liaison agent / commission agent.
25. DESTINATIONS WHERE SERVICES ARE REQUIRED

The services as per the specifications are required for locations as mentioned
below:-
(i) Data Centre at Shakti Bhawan, East Discom, Jabalpur (including all IT
components).
(ii) Disaster Recovery Site at Data Centre, Nistha Parisar, Central Discom, Bhopal.
(iii) CCC (Centralized Customer Care Centre) setup installed at respective Discom
head quarter (Indore, Bhopal, Jabalpur).
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26. VALIDITY OF BIDS

(i) The offers shall be valid for 180 days. Validity of the offer shall be counted from the
date of opening of bids.
(ii) Those who do not agree for a validity of 180 days will do so at their own risk and
their offers are liable to be rejected.
(iii) However, if due to circumstances, beyond control, bidders are advised to extend the
validity, but they shall not be permitted to revise their rate, offer any rebate or
concession while extending the validity which may materially result in any reduction
or increase in the computed price of their original offer.
27. AUTHORISATION/ LOCAL REPRESENTATIVE

Only authorized representative, possessing necessary authorized letter from the
bidder shall be allowed to participate in the tender opening.
28. ACCEPTANCE OF TENDER

(i) The Purchaser has the right to reject any bid with reference to the Clause 14 of
Section 3(B) (General Instructions to Bidder).
(ii) The Purchaser may split the scope against the tender on more than one (1) firm for
the same item. No reasons shall be assigned by the Purchaser for this and the same
will be binding on the bidders.
29. AWARD CRITERIA

The Purchaser shall award the Contract to the Bidder(s) whose offer has been Lowest
(L1) for AMC and is responsive to the Bidding- Document.
30. SIGNING OF CONTRACT

Promptly after notification, the Purchaser shall send to the successful Bidder the
Agreement, a copy of SLA and the General and Special Conditions of Contract. Each
DISCOM shall execute separate contract agreement with the selected bidder. Within
fourteen (14) days of receipt of the Agreement, the successful Bidder shall sign, date,
and return it to the Purchaser.
31. POOL RATES

“The bidders, specifically the SSI Units of the State, are advised to quote their own
individual rates. It may please be noted that if more than one (1) bidder quotes the
same rate, suggestive of a cartel, then such offers may not be considered by the
Purchaser. It may also please be noted that the competitive rate quoted by each
bidder may be one of the main criteria for quantity to be ordered on each successful
bidders.”
32. PRECEDENCE IN INTERPRETATION OF TERMS AND CONDITIONS

In case of any conflict between General Conditions of Agreement and Special
Conditions of Agreement, the Special Conditions of Agreement would prevail.
33. INTERESTED CONCERNS

No two (2) or more concerns in which an individual is interested as a proprietor and/
or partner shall tender for execution of same work/ supply. If they do so, all such
tenders shall be liable to be rejected.
34. LIST OF SCHEDULE BANKS

Page 20
Sr.
Name of Bank
No.
1 Bank Of Baroda
2 Central Bank Of India
3 State Bank Of India
4 Bank Of India
5 Dena Bank
List banks other than nationalized banks, which are approved to
furnish Bank Guarantee
1 ICICI Bank
2 IDBI bank
3 UTI Bank
35. Nodal Officer for each DISCOM-

(a) SE& Nodal Officer (RAPDRP-A), IT Cell, O/o MD (WZ), Indore
(b) Chief (CS&A) & Project Leader (RAPDRP), Jabalpur
(c) CGM (Urban Project), Corporate Office, Bhopal
- Sd -
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SECTION-4
QUALIFYING CRITERIA
Sr.
Criteria/ Requirement Submission Requirements
No.
General Criteria
Certificate of
1 The bidder should be in existence for at least 5 year.
Incorporation to be submitted.
Conflict of interest
2 As per the format in Schedule-H.
No conflicts of interest shall be allowed.
3 The bidder shall be the OEM for the support of hardware Self declaration to be submitted.
-Sd -
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SECTION-5
SCOPE OF WORK & AREA OF JURISDICTION
1. COMPANY PROFILE
(i) Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Limited (MPPKVVCL),
Indore is Power Distribution Companies formed out of the unbundling of Madhya
Pradesh State Electricity Board in 2005, as a part of the MP power sector reforms.
(ii) The Companyisincorporated under the Companies Act, 1956. MPPKVVCL, Indore has
its registered office at GPH Compound Pologround, Indore
The MPPKVVCL, Indore has been vested with the function of power distribution by
GoMP in Indore and Ujjain region(s).
Its business scope includes: -

 Distribution of electricity to retail consumers;
 Operation and Maintenance of distribution assets;
 Collection of tariff from retail consumers;
 Investing in capital works related to improvement of distribution networks;
 Provide customer services as per distribution code and grievance redressal
system.
(iii) With this mandate in view, the Company have undertaken various technical and
commercial initiatives to increase its operational and commercial efficiency.
(iv) At present, there are about 12000 employees in the MPPKVVCL, Indore. The
MPPKVVCL, Indore operates through two (2) regions namely Indore and Ujjain.
Further, Indore and Ujjain region(s) are subdivided into14 circle(s).
2. BACKGROUND
MP DISCOMs have established Data Centre at Jabalpur (in East Discom), Disaster
Recovery at Bhopal (in Central Discom), CCC Servers at respective Discom H.Q&other
IT hardware (like router, switch, PC, UPS etc.) at approx 300 offices of East, West and
Central DISCOM under RAPDRP-A project. The setup is being used for hosting and
functioning of RAPDRP application of the company. This bid is for procuring support
(AMC) facilities for said setup.
3. OBJECTIVE
The objective behind outsourcing the AMC services of DC, DR, CCC setup is to assure
the proper operations of all IT components required for functioning of RAPDRP
application of the company. Further, to support end users by processing and
resolving customer requests /complaints in minimum possible time by taking up it at
appropriate place and level thereby delivering a better uptime of the entire IT setup
of each Discom.
4. TIME FRAME
The contract shall remain in force for a period of one(1) year from the date of
execution of contract agreement. This period can be extended by the Purchaser,
Page 23
further on the same rates, terms & conditions of original contract award. Thereafter,
on mutual consent further extension can be given on same rates, terms & conditions
of original contract award.
5. Scope of Work
AMC services of Data Centre, DR, CCC for running Restructured Accelerated Power Development
and Reform Programme (RAPDRP-A) solutionduring the Contract period. This section descri bes the
scope of work and the services to be offered by the selected biddder.
A. Annual Maintenance (AMC)

The selected Vendor shall provide the following services (including but not limited
to):
a. The Scope of work involves comprehensive maintenance of hardware
installed at :-
(i) Data Centre at Shakti Bhawan, East Discom, Jabalpur (including all IT
components).
(iv) Disaster Recovery Site IT Components hosted at Data Centre, Nistha Parisar,
Central Discom, Bhopal.
(v) CCC (Centralized Customer Care Centre) setup installed at respective Discom
head quarter (Indore, Bhopal, Jabalpur).
b. The successful bidder has to provide services to set right the malfunctions / non
functioning of the IT hardware installed at DC, DR, CCC of East, West and Central
Discom .
c. The parts for which rectification could not be provided shall be replaced by the
bidder. The parts that are to be replaced should be new part of reputed brand and
at least equivalent in performance and capacity.
d. This contract agreement specifically excludes damages caused due to fire, theft,
riots, accidents etc.
e. The scope of the services for overall IT infrastructure management during this
period shall include continuousMonitoring and Maintenance of the entire Data
Centre/DR.
f. The bidder shall provide email address and toll free telephone number, functioning
24X7X365 for registering the call. Bidder shall also provide the escalation matrix.
g. The bidder shall maintain the adequate stocks of spares to meet the SLA
requirements.
h. Whenever a component has to be replaced because of technical, functional,
manufacturing or any other problem, it shall be replaced with a new component of
the same make and configuration at bidder’s cost.
i. Generate SLA and System reports in generic or any other customized format as
required by the purchaser.
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j. AMCservices will be all inclusive i.e. all the cost of new part/component as
and when required for installation, configuration, replacement, repair, and
all associated goods & services will be borne by the contractor.
B. Deliverables
Supplier shall provide all the deliverables as per the bid requirements. Following is
an indicative list of deliverables:-
(i) System fault / failure analysis report along with resolution.
(ii)Monthly SLA compliance report containing Status of call logged.
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SECTION-6
GENERAL CONDITIONS OF AGREEMENT
1. Definitions The following words and expressions shall have the meanings
hereby assigned to them:
a. “Contract” means the Agreement entered into between the
Purchaser and the Bidder, together with the Contract
Documents referred to therein, including all attachments,
appendices, and all documents incorporated by reference
therein.
b. “Contract Documents” means the documents listed in the

Agreement, including any amendments thereto.
c. “Contract Price” means the price payable to the Supplier as

specified in the Agreement, subject to such additions and
adjustments thereto or deductions therefrom, as may be
made pursuant to the Contract.
d. “Day” means calendar day.
e. “Delivery” means delivery of services from the Supplier to

the Purchaser in accordance with the terms and conditions
set forth in the Contract.
f. “Completion” means the fulfillment of the Related Services

by the Supplier in accordance with the terms and conditions
set forth in the Contract.
g. “GCC” means the General Conditions of Contract.
h. “Purchaser” means the entity purchasing the Goods and

Services, as specified in the SCC.
i. “Services” means the services incidental servicesand

maintenance of already installed goods, under the Contract.
j. “SCC” means the Special Conditions of Contract.
k. “Subcontractor” means any natural person, private or

government entity, or a combination of the above, including its
legal successors or permitted assigns, to whom any part of the
Goods and services to be supplied or execution of any part of
the Related Services is subcontracted by the Supplier.
l. “Supplier” means the natural person, private or government

entity, or a combination of the above, whose bid to perform
the Contract has been accepted by the Purchaser and is
named as such in the Agreement, and includes the legal
Page 26
successors or permitted assigns of the Supplier.
m. “The Site,” where applicable, means the place named in the SCC.
2. Contract 2.1 Subject to the order of precedence set forth in the Agreement, all
Documents documents forming the Contract (and all parts thereof) are
intended to be correlative, complementary, and mutually
explanatory.
3. Corrupt 3.1 For the purposes of this provision, the terms set forth below as
Practices follows:
(i) “corrupt practice” means the offering, giving,

receiving, or soliciting, directly or indirectly, anything
of value to influence improperly the actions of
another party;
(ii) “fraudulent practice” means any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain a financial or other benefit or to avoid an
obligation;
(iii) “coercive practice” means impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;
(iv) “collusive practice” means an arrangement between
two or more parties designed to achieve an improper
purpose, including influencing improperly the actions
of another party;
3.2 Purchaser will reject a proposal for award if it determines that
the bidder recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for the Contract.
4. Interpretation 4.1 If the context so requires it, singular means plural and vice
versa.
4.2 Incoterms
The meaning of any trade term and the rights and obligations of
parties thereunder shall be as prescribed by Incoterms.
4.3 Entire Agreement
The Contract constitutes the entire agreement between the

Purchaser and the Supplier and supersedes all
communications, negotiations and agreements (whether
written or oral) of parties with respect thereto made prior to
Page 27
the date of Contract.
4.4 Amendment
No amendment or other variation of the Contract shall be

valid unless it is in writing, is dated, expressly refers to the
Contract, and is signed by a duly authorized representative of
each party thereto.
4.5 Nonwaiver
a. Subject to GCC Sub-Clause 4.5(b) below, no relaxation,

forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the Contract or
the granting of time by either party to the other shall
prejudice, affect, or restrict the rights of that party under
the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
b. Any waiver of a party’s rights, powers, or remedies under

the Contract must be in writing, dated, and signed by an
authorized representative of the party granting such waiver,
and must specify the right and the extent to which it is
being waived.
4.6 Severability
If any provision or condition of the Contract is prohibited or

rendered invalid or unenforceable, such prohibition, invalidity
or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the
Contract.
5. Language 5.1 The Contract as well as all correspondence and documents

relating to the Contract exchanged by the Supplier and the
Purchaser, shall be written in the language specified in the
SCC. Supporting documents and printed literature that are
part of the Contract may be in another language provided they
are accompanied by an accurate translation of the relevant
passages in the language specified in the SCC, in which case,
for purposes of interpretation of the Contract, this translation
shall govern.
5.2 The Supplier shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
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6. Joint Venture, 6.1 Unless otherwise specified in the SCC, if the Supplier is a joint
Consortium or venture, consortium, or association, all of the parties shall be
Association jointly and severally liable to the Purchaser for the fulfillment
of the provisions of the Contract and shall designate one party
to act as a leader with authority to bind the joint venture,
consortium, or association. The composition or the
constitution of the joint venture, consortium, or association
shall not be altered without the prior consent of the
Purchaser.
7. Eligibility 7.1 The Supplier shall eligible for all criteria as specified in Section
4, Eligibility Criteria.
8. Notices 8.1 Any Notice given by one party to the other pursuant to the
Contract shall be in writing to the address specified in the SCC.
The term “in writing” means communicated in written form
with proof of receipt.
8.2 A Notice shall be effective when delivered or on the Notice’s

effective date, whichever is later.
9. Governing Law 9.1 The Contract shall be governed by and interpreted in

accordance with the laws of the Purchaser’s country, unless
otherwise specified in the SCC.
10. Settlement of 10.1 The Purchaser and the Supplier shall make every effort to
Disputes resolve amicably by direct informal negotiation any
disagreement or dispute arising between them under or in
connection with the Contract.
10.2 If the parties fail to resolve such a dispute or difference by

mutual consultation within twenty-eight (28) days from the
commencement of such consultation, either party may require
that the dispute be referred for resolution to the formal
mechanisms specified in the SCC.
11. Scope of 11.1 Subject to the SCC, the Services to be delivered shall be as
Services specified in Section-5, Scope of Work.
11.2 Unless otherwise stipulated in the Contract, the Scope of

Services shall include all such items not specifically mentioned
in the Contract but that can be reasonably inferred from the
Contract as being required for attaining Delivery and
Completion of Services as if such items were expressly
mentioned in the Contract.
12. Delivery 12.1 Subject to GCC Sub-Clause 33.1, the Delivery and Completion
of the Related Services shall be in accordance with the
Page 29
Schedule specified in the Section-5, Scope of Work.
13. Supplier’s 13.1 The Supplier shall deliver all the Services included in the Scope
Responsibilities of Supply in accordance with GCC Clause 11, and Schedule, as
per GCC Clause 12.
14. Purchaser’s 14.1 Whenever the delivery of Services requires that the Supplier
Responsibilities obtain permits, approvals, and import and other licenses from
local public authorities, the Purchaser shall, if so required by
the Supplier, make its best effort to assist the Supplier in
complying with such requirements in a timely and expeditious
manner.
14.2 The Purchaser shall pay all costs involved in the performance
of its responsibilities, in accordance with GCC Sub-Clause 14.1.
15. Contract Price 15.1 The Contract Price shall be as specified in the Agreement
subject to any additions and adjustments thereto, or
deductions therefrom, as may be made pursuant to the
Contract.
15.2 Prices charged by the Supplier for the Goods delivered and the
Related Services performed under the Contract shall not vary
from the prices quoted by the Supplier in its bid, with the
exception of any price adjustments authorized in the SCC.
16. Terms of 16.1 The Contract Price shall be paid as specified in the SCC.
Payment
16.2 The Supplier’s request for payment shall be made to the

Purchaser in writing, accompanied by invoices describing, as
appropriate, the Services delivered, and by the documents
submitted pursuant to GCC Clause 12 and upon fulfillment of
all the obligations stipulated in the Contract.
16.3 Payments shall be made promptly by the Purchaser, no later

than forty five (45) days after submission of an invoice or
request for payment by the Supplier, and the Purchaser has
accepted it.
16.4 The currency or currencies in which payments shall be made

to the Supplier under this Contract shall be specified in the
SCC.
17. Taxes and 17.1 For services delivered from within the Purchaser’s country, the
Duties Supplier shall be entirely responsible for all taxes, duties, license
fees, etc., incurred until delivery of the contracted Goods to the
Purchaser.
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18. Performance 18.1 The Supplier shall, within twenty-eight (28) days of the
Security notification of Contract award, provide a Performance Security
for the due performance of the Contract in the amounts and
currencies specified in the SCC.
18.2 The proceeds of the Performance Security shall be payable to the
Purchaser as compensation for any loss resulting from the
Supplier’s failure to complete its obligations under the Contract.
18.3 The Performance Security shall be denominated in the

currencies of the Contract, or in a freely convertible currency
acceptable to the Purchaser, and shall be in one of the forms
stipulated by the Purchaser in the SCC, or in another form
acceptable to the Purchaser.
18.4 The Performance Security shall be discharged by the Purchaser
and returned to the Supplier not later than twenty-eight (28)
days following the date of completion of the Supplier’s
performance obligations under the Contract, including any
warranty obligations, unless specified otherwise in the SCC.
19. Copyright Deleted.
20. Confidential 20.1The Purchaser and the Supplier shall keep confidential and shall
Information not, without the written consent of the other party hereto,
divulge to any third party any documents, data, or other
information furnished directly or indirectly by the other party
hereto in connection with the Contract, whether such
information has been furnished prior to, during or following
completion or termination of the Contract. Notwithstanding
the above, the Supplier may furnish to its Subcontractor such
documents, data, and other information it receives from the
Purchaser to the extent required for the Subcontractor to
perform its work under the Contract, in which event the
Supplier shall obtain from such Subcontractor an undertaking of
confidentiality similar to that imposed on the Supplier under
GCC Clause 20.
20.2The Purchaser shall not use such documents, data, and other
information received from the Supplier for any purposes
unrelated to the Contract. Similarly, the Supplier shall not use
such documents, data, and other information received from the
Purchaser for any purpose other than the design, procurement,
or other work and services required for the performance of the
Contract.
20.3The obligation of a party under GCC Sub-Clauses 20.1 and 20.2

above, however, shall not apply to information that:
a. the Purchaser or Supplier need to share with the

institutions participating in the financing of the
Page 31
Contract;
b. now or hereafter enters the public domain through no fault

of that party;
c. can be proven to have been possessed by that party at the

time of disclosure and which was not previously
obtained, directly or indirectly, from the other party; or
d. otherwise lawfully becomes available to that party from a

third party that has no obligation of confidentiality.
20.4The above provisions of GCC Clause 20 shall not in any way

modify any undertaking of confidentiality given by either of the
parties hereto prior to the date of the Contract in respect of the
Supply or any part thereof.
20.5The provisions of GCC Clause 20 shall survive completion or

termination, for whatever reason, of the Contract.
21. Subcontracting 21.1 The Supplier shall notify the Purchaser in writing of all
subcontracts awarded under the Contract if not already
specified in the Bid. Subcontracting shall in no event relieve the
Supplier from any of its obligations, duties, responsibilities, or
liability under the Contract.
21.2 Subcontracts shall comply with the provisions of GCC Clauses 3

and 7.
22. Specifications Deleted.

and Standards
23. Packing and Deleted.

Documents
24. Insurance Deleted.
25. Transportation Deleted.
26. Inspections Deleted.

and Tests
27. Liquidated Deleted.

Damages
28. Warranty Deleted.

Page 32
29. Patent Deleted.

Indemnity
30. Limitation of 30.1 Except in cases of gross negligence or willful misconduct :

Liability
a. neither party shall be liable to the other party for any
indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs.
b. the aggregate liability of the Supplier to the Purchaser,

whether under the Contract, in tort, or otherwise, shall not
exceed the annual maintenance contract amount.
31. Change in Laws 31.1 Unless otherwise specified in the Contract, if after the date of
and the Invitation for Bids, any law, regulation, ordinance, order or
Regulations bylaw having the force of law is enacted, promulgated,
abrogated, or changed in the place of the Purchaser’s country
where the Site is located (which shall be deemed to include
any change in interpretation or application by the competent
authorities) that subsequently affects the Delivery Date and/or
the Contract Price, then such Delivery Date and/or Contract
Price shall be correspondingly increased or decreased, to the
extent that the Supplier has thereby been affected in the
performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced
cost shall not be separately paid or credited if the same has
already been accounted for in the price adjustment provisions
where applicable, in accordance with GCC Clause 15.
32. Force Majeure 32.1 The Supplier shall not be liable for forfeiture of its
Performance Securityor termination for default if and to the
extent that its delay in performance or other failure to
perform its obligations under the Contract is the result of an
event of Force Majeure.
32.2 For purposes of this Clause, “Force Majeure” means an event

or situation beyond the control of the Supplier that is not
foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of the Supplier. Such
events may include, but not be limited to, acts of the
Purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions, and freight
embargoes.
32.3 If a Force Majeure situation arises, the Supplier shall promptly

notify the Purchaser in writing of such condition and the cause
thereof. Unless otherwise directed by the Purchaser in
writing, the Supplier shall continue to perform its obligations
under the Contract as far as is reasonably practical, and shall
seek all reasonable alternative means for performance not
Page 33
prevented by the Force Majeure event.
33. Change Orders Deleted.

and Contract
Amendments
34. Extensions of Deleted.

Time
35. Termination 35.1 Termination for Default
a. The Purchaser, without prejudice to any other remedy

for breach of Contract, by 30 days Notice of default sent
to the Supplier, may terminate the Contract in whole or
in part:
(i) if the Supplier fails to deliver any or all of the

Services within the period specified in the Contract,
or within any extension thereof granted by the
Purchaser
(ii) if the Supplier fails to perform any other obligation

under the Contract.
b. if the Supplier, in the judgment of the Purchaser has

engaged in corrupt, fraudulent, collusive, or coercive
practices, as defined in GCC Clause 3, in competing for
or in executing the Contract.
35.2 Termination for Insolvency
The Purchaser may at any time terminate the Contract by

giving Notice to the Supplier if the Supplier becomes bankrupt
or otherwise insolvent. In such event, termination will be
without compensation to the Supplier, provided that such
termination will not prejudice or affect any right of action or
remedy that has accrued or will accrue thereafter to the
Purchaser.
35.3 Termination for Convenience
a. The Purchaser, by Notice sent to the Supplier, may

terminate the Contract, in whole or in part, at any time for
its convenience. The Notice of termination shall specify
that termination is for the Purchaser’s convenience, the
extent to which performance of the Supplier under the
Contract is terminated, and the date upon which such
termination becomes effective.
b. The Services that are complete after the Supplier’s receipt

of the Notice of termination shall be accepted by the
Page 34
Purchaser at the Contract terms and prices.
36. Assignment 36.1 Neither the Purchaser nor the Supplier shall assign, in whole or
in part, their obligations under this Contract, except with prior
written consent of the other party.
Page 35
Section-7
Special Conditions of Contract
The following Special Conditions of Contract (SCC) shall supplement the General Conditions
of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over
those in the GCC.
GCC 1.1(i) The Purchasersare :-

1. Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Ltd.,
(MPPKVVCL, Indore), GPH Compound, Pologround, Indore, MP,
India.
2. Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Ltd.,
(MPMKVVCL, Bhopal), Nistha Parisar, Govindpura, Bhopal MP, India.
3. Madhya Pradesh Poorva Kshetra Vidyut Vitaran Company Ltd.,
(MPPKVVCL, Jabalpur), Shakti Bhawan, Rampura, Jabalpur, MP,
India.
GCC 1.1 (n) The Sites are: Region in Madhya Pradesh under Madhya Pradesh Paschim
Kshetra Vidyut Vitaran Company Limited, Indore and M.P. Poorv Kshetra
Vidyut Vitaran Company Limited, Shakti Bhavan, Jabalpur (For DR Site)
Customer care centres located at Indore , Bhopal and Jabalpur.
GCC 5.1 The language shall be: English
GCC 6.1 Joint venture or Consortium are not allowed to participate in the bid.
GCC 8.1 For notices, the Purchaser’s address shall be:

Attention: Executive Director (Purchase)
Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Ltd.,
GPH Compound, Pologround, Indore, Madhya Pradesh
Telephone: +91 731 2421414.
Facsimile number: +91 731 2423300
Email: mppkvvcl.erp@gmail.com
GCC 9.1 The governing law shall be: Laws of the state of Madhya Pradesh, India and
in exclusive jurisdiction of competent court in Indore, M.P. in case of
MPPKVVCL, Indore.
Page 36
GCC 10.2 The formal mechanism for the resolution of disputes shall be:
1) Any disputes under this contract, shall be referred to a sole
independent Arbitrator to be appointed by Secretary, Energy
Department, Government of Madhya Pradesh.The dispute shall be
settled by arbitration in accordance with the Indian Arbitration and
Conciliation Act of 1996.
2) The Arbitrator’s decision shall be final and binding on both the
parties.
3) The arbitrator’s fees shall be shared equally by both the parties.
4) The place for arbitration shall be Bhopal.
GCC 11.1 The scope of supply shall be as defined in: “Section-5, Scope of Work”. At
the time of awarding the Contract, the Purchaser shall specify any change in
the Scope of supply with respect to Section-5, Scope of Work included in the
Bidding document. Such changes may be due, for instance, if the quantities
of Goods and Services are increased or decreased at the time of award.
GCC 16.1 The Contract Price shall be paid as specified in ‘Agreement’ (Format
included in Annexure-II, Contract Forms)
GCC 16.2 AMC services
Payment Description Document
milestone Requirement
AMC At the end of each Invoice & SLA
quarter Compliance
Report.
Payment Procedure:
a. The Contract Price shall be paid as specified in ‘Agreement’ (Format
included in Annexure-II, Contract Forms) as per Clause 16.1 of
Section-7, ‘Special Conditions of Contract’.
b. Four copies of each invoice along with the required documents need
to be submitted upon completion of each quarter for processing the
payment.
c. All payments shall be made after adjusting penalty amount payable,
if any. In case there are any penalties to be levied and are
recoverable as per contract.
d. Payments shall be made by the Purchaser after submission of an
invoice along with the required documents or request for payment
by the Supplier, and the Purchaser has validated and accepted it.
Please refer to Clause 16.3 of Section-7, ‘Special Conditions of
Contract’.
e. Please refer to Clause GCC 17 of Section-7, ‘Special Conditions of
Contract’ for details related to taxes.
Page 37
Note: 1. Taxes, duties, levies etc. will be paid as per prevailing rate.
2. Payment will be made after adjusting penalty amount payable (if
any)
3. The Supplier shall submit SLA Compliance report for each month within
seven days after completion of the month, failing which the payment
may be withheld till the respective progress reports are submitted.
GCC 16.3 Payments shall be made promptly by the Purchaser within forty five (45)
days.
GCC 16.4 The currencies for payments shall be INR (Indian Rupee)
GCC 17 In addition to the sub-clauses under GCC 17 of Section-6, this clause is to be

read along with GCC 15.2 of Section-6. For the purpose of the Contract, it is
agreed that the Contract Price specified in the Contract Agreement is based
on the taxes, duties, levies and charges prevailing at the date twenty-eight
(28) days prior to the date of bid submission in the country where the Site is
located. If any rates of tax are increased or decreased, a new tax is
introduced, an existing tax is abolished, or any change in interpretation or
application of any tax occurs in the course of the performance of Contract,
which was or will be assessed on the Supplier, Sub Suppliers or their
employees in connection with performance of the Contract, an equitable
adjustment of the Contract Price shall be made to fully take into account
any such change by addition to the Contract Price or deduction therefrom,
as the case may be, in accordance with GCC Clause 33 hereof.
GCC 18.1 The Supplier shall provide a Performance Security of Ten Percent (10%) of
the Contract Price. The amount of Performance Security shall be specified
at the time of awarding the contract to successful bidder.
GCC 18.3 The Performance Security shall be in the following form: A bank guarantee
issued by a reputable bank located in the Purchaser’s country or abroad,
acceptable to the Purchaser, in the format included in Annexure-I, Contract
Forms. In case the institution issuing the security is located outside India, it
shall have a correspondent financial institution located in the territory of
India to make it enforceable.
GCC 25.1 This clause is to be read along with GCC 12.
Page 38
SECTION-8 – SCHEDULES
SCHEDULE “A”
TENDER FORM
Tender Specification No. - MD / WZ / 06 / PUR /TS-1043
To,
The ED (Corporate Office)

O/o MD, MPPKVVCL,
Indore
Sir,
With reference to your Invitation to tender the above I/We hereby offer to the
MPPKVVCL, Indore the services in the schedule of prices and work schedule annexed in
strict accordance with the conditions of contract, to the satisfaction of the purchaser or in
default thereof forfeit and pay to the MPPKVVCL, Indore, the sum of money mentioned in
the said conditions.
I/We agree to abide by this tender for the period of 180 days from the date for
opening of the same.
EMD of Rs.50,000/-(Rs. Fifty Thousand only )has been furnished online & valid
documentary evidence of submission of online& physically EMD (or EMD execumption
certificate if applicable) is enclosed with Part-I of the offer as earnest money.
I/We hereby undertake and agree to execute the contract in accordance with the
conditions of the contract.
Encl: - As above
Date ……………………. Day of ……………………. 20 …………..
Yours' Sincerely
Witness
(Name & Signature) (Signature of bidder in full)
Address Name
Page 39
Occupation Seal
Page 40
SCHEDULE “B”
DECLARATION
(To be executed on a non-judicial stamp paper of Rs. 100/-)
Tender invited by Executive Director (Purchase)

O/o MD (WZ), MPPKVVCL, Indore
Tender Name:Annual Maintenance Contract (AMC) of Hardware consisting of following

equipments: Servers and storage
Tender Specification No.& date of opening MD / WZ / 06 / PUR /TS-1043/due on
14-10-.2016
Name of Bidder ____________________________________________
IN CONSIDERATION of the MPPKVVCL, Indore having treated the Bidder to be an

eligible person whose tender may be considered, the Bidder hereby agrees to the
condition that the proposal in response to the above invitation shall not be
withdrawn within 180 days (or any extension thereof) from the date of opening of
the tender, also to the condition that if thereafter the Bidder does, withdraw his
proposal within the said period, the Earnest money deposited by him may be
forfeited by the MPPKVVCL, Indore and at the discretion of the Purchaser, the
Purchaser may debar the Bidder from tendering for a minimum period of one year
reckoned from the date of opening of the tender.
Signed this ……………………………… Day of …………………… 200…………
Place Signed by
…………………………………State title (whether Proprietor / Bidder)
Witness Name of the firm

Address of the firm
Signature Seal of the firm
Page 41
SCHEDULE “C”
GENERAL PARTICULARS
Tender Specification No: - MD / WZ / 06 / PUR /TS-1043
1. Name of the Bidder
(a)Head Office address
(b)Registered Office address
(c)Postal address of bidder
(d)Telegraphic address
2.Name and address of clients
3. Name and address of local representative and
his telephone number
4. Name and address of the officer of the bidder
to whom all reference shall be made for
expeditious co-ordination.
5. Whether the bidder is sole proprietor /
partnership concern / Private Ltd. Company /
Public undertaking
6. Name of foreign collaborator, if any.
7. Authorized capital of the company.
8. Performance Security in terms of requirement
of specification is to be deposited within 30
days of placement of order. Whether or not
willing to deposit. If no state reasons.
9. Whether service tax quoted or not. YES / NO
10. Terms of payment as mentioned in relevant YES / NO
clause are acceptable or not
11. Give Sales Tax / Trade Tax registration
Number.
i) Central
ii) State
12. Have you ever been declared bankrupt? If yes, YES / NO
please give details.
13. Whether the Bidder is agreeable to execute YES / NO
the contract in case the deviations stipulated
by him are not acceptable to the purchaser.
14. Give two references (Name, Designation and YES / NO
complete postal address) that can rectify
Bidder’s financial status and capacity to
undertake such works. One of the references
should be from any scheduled Nationalized
Bank in India.
Seal of the Company Full Signature:
Name:
Designation: Date:
Page 42
SCHEDULE “D”
BIDDERS INFORMATION
Tender invited by : ED (Purchase), MPPKVVCL, Indore

Specification No. : MD / WZ / 06 / PUR / TS-1043
Tender for (Item) : Annual Maintenance Contract (AMC) of
Hardware consisting of following equipments:
Servers and storage
Due for opening on .14-10-2016.
Full Address
Full Relationship
Sr. Permanent Telephone
Full Name Designation Specimen with firm’s
No. Official No.
signature proprietor
Address
FOR PERSONS SIGNING TENDERS
1.
I.
2.
3.
PROPRIETOR
1.
II.
2.
3.
PARTNERS
1.
III.
2.
3.
DIRECTORS
1.
IV.
2.
3.
EXECUTIVES
1.
V.
2.
3.
PRESIDENT/SECRETARY (AS THE CASE MAY BE)
1.
VI.
2.
3.
NOTE: -
(1) In each case, the person who has signed the tender documents must enclose the
attested photo copy of power of attorney for signing the tender
Full Signature of Bidder:

Full Name of Bidder:
Seal of the company Address:
Page 43
SCHEDULE “E”
Conflict of interest
[TO BE KEPT IN THE ENVELOPE PART–B, “COMMERCIAL/TECHNICAL BID”]
(Set out below is the form of the declaration to be provided by the Bidder)
Each Bidder must fill in this form
I, (name of the authorized representative) of (address) hereby states that: I am currently

a (designation) of____________.
I understand that MPPKVVCL,Indore has floated an RFP in relation toAnnual

Maintenance Contract (AMC) of Hardware consisting of following equipments: Servers
and storage.
I confirm that neither the bidder nor any of the bidder's Personnel shall engage in any
personal, business or professional activity which conflicts or could conflict with any of
their obligations in relation to this project.
I confirm that I have made enquiries of all appropriate persons and taken other steps as
appropriate so as to obtain the knowledge and information as required to make this
declaration.
Words and expressions which are defined in the tender document issued by
MPPKVVCL,Indore have the same meaning when used in this Declaration.
I confirm that I have responded to this tender document strictly in line with it’s
requirement as per the formats provided in the same and I understand that deviation
from any clause/instruction of the tender shall result in rejection of my proposal at any
phase of the bid evaluation.
AND I MAKE this solemn declaration conscientiously believing the same to be true.
MADE AND DECLARED at this _____day of _______.
___________________
(Name and Designation)
(Company seal)
Page 44
SCHEDULE- “F”
CHECK LIST
(TO BE KEPT IN THE ENVELOPE PART-B, “COMMERCIAL/TECHNICAL BID” & UPLOAD
ONLINE ALSO)
Page No.
Sr. for
Check List Item Options Answer
No. relevant
document
Whether “Earnest Money Deposit” of
1 specified amount is kept in a sealed Yes / No
envelope-A & the same is uploaded online.
Whether Service Tax Clearance Certificate is
2 Yes / No
enclosed
Whether registration certification of ESIC/
3 Workmen’s compensation (as applicable) Yes / No
enclosed
Whether registration certification of EPF
4 Yes / No
enclosed
Whether duly signed “Tender Form” is
5 Yes / No
attached with the bid
Whether all schedules except schedule-H
6 (Price bid) duly filled & signed with Yes / No
supporting document are enclosed
Schedule-H: Price bid is duly filled in and
7 digitally signed by the signatory authority & Yes / No
uploaded online in envelope-C
The schedule-F i.e., Check List submitted
8 physically in envelope-B & uploaded online Yes / No
in envelope-B
Page 45
SCHEDULE-“G”
Format for Compliance against Qualifying Criteria
Page No./name of
Sr. file of supporting
Criteria/ Requirement Submission Requirements
No. documents
uploaded.
General Criteria
The bidder should be in existence for at Certificate ofIncorporation
1
least 5 year. to be submitted.
Conflict of interest As per the format in
2
No conflicts of interest shall be allowed. Schedule-H.
The bidder shall be the OEM for the Self declaration to be
3
support of Servers/Network-equipment/ submitted
Note: Bidders are required to upload the supporting documents with above format.
Page 47
SCHEDULE-“H”
PRICE SCHEDULE (FINANCIAL BID)
Ex-work Service tax Servic Total Total Price Total Price

price per (Rate) (%) e tax Price per (Excluding (including
unit for 1 (Rs. unit taxes) - (Rs.) taxes)
Sr. Qty year AMC /Unit) (including (Rs.)
Particulars / Description Unit
No. Charge taxes)
(Excluding (Rs. /Unit)
taxes) –
(Rs./Unit)
1 2 3 4 5 6 7 8=(5+7) 9=(4x5) 10=(4x8)
A - Category IT Hardware for
Data Centre
5 2
HP Enterpri s e XP 24000 Nos .
6 1
(SAN Stora ge)
B - Category IT Hardware for
Data Recovery Centre
5 2
6 HP Enterpri s e XP Nos . 1
Page 48
24000(SAN Stora ge)

Indore
Indore
Indore
Gra nd Total
Note:
1. T he total price mentioned in coloum 10 shall be considered as inclusive of all taxes & duties for that item no other taxes shall be payable.
2. It may be noted that Payment for works to be performed under this contract shall be released at contracted rates for aforesaid tasks only. Therefore, charges for all other activities t o be performed under this contract as per
Section 5 “ Scope of Work”, must be included in the rates quoted for above by the Supplier.
3. T he financial evaluation shall be done as per procedure prescribed in Section I (C )- “Instructions to Bidders”- Bid evaluation.
4. In case Goods & Service T ax (GST ) is introduced by the Central or State Government during the course of execution of this contract, then the taxation part will be revised accordingly for the perf or ma nc e o f ba la n c e
work.
Page 49
ANNEXURE-I
Form of Bank Guarantee for Performance Security
(To be used by approved Nationalized Banks)
1. In consideration of the …..<Name of the Purchaser>……….., (A company incorporated

under the companies Act 1956 and having its Registered office at
……..<Address>……….), (hereinafter called “the Authority”) having agreed to exempt
M/s……………………………………………. (Herein after called “the said Service provider(s)”)
from the demand, under the terms and conditions of an Agreement dated…………..
made between ……………… And ……………………… ……………………………. (hereinafter
called “the said Agreement”) for performance/security deposit for the due fulfilment
by the said Service provider(s) of the terms and conditions contained in the said
agreement on production of Bank Guarantee for (Rupees…………..only). We……………
……………………. Bank Limited (hereinafter referred to as “the Bank”) do hereby
undertake to pay to Authority an amount not exceeding Rs……………………………………….
Against any loss or damage caused to or suffered or would be caused to or suffered
by the Authority by reason of any breach by the said Contractor (s) of any terms and
conditions contained in the said agreement.
1. We……………………………Bank Limited, do hereby undertake to pay the amount due and
payable under this guarantee without any demure merely on a demand from the
Authority starting that the amount claimed is due by way of loss or damage caused
to or suffered by the Authority by reason of any breach by said Service provider(s) of
any of the terms or conditions Contained in the said agreement or by reason of the
Service provider(s) failure to perform the said agreement. Any such demand made
on the bank shall be conclusive as regards the amount due and payable by the Bank
under this guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs………………….
3. We …………………. Bank Limited further agree that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for the
performance of the said agreement and that it shall continue to be enforceable till
all dues of the Authority under or by virtue of the said Agreement have been fully
paid and its claim satisfied or till Authority certifies that the terms of the said
Page 50
agreement have been fully and properly carried out by the said Contractor(s) and
accordingly discharges the guarantee. Unless a demand or claim under this
guarantee is made on in writing on or before the ……………………… we shall be
discharged from all liability under this guarantee thereafter.
4. We……………………………………Bank Limited further agree with the Authority that the
Authority that the Authority shall have the fullest liberty without our consent and
without effecting in any manner obligations here under or very any of the terms and
condition of the said agreement or to extend time of performance by the said
contractor(s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Authority against the said contractor (s) and to
force-bear or enforce any of the terms and conditions relating to the said Ag reement
and we shall not be relieved from our liabilities by reasons of any such variation of
extension having granted to the said contractor (s) for any forbearance act, or
commission on the part of the Authority or any indulgence by the Authority of the
said contractor (s) or by any such matter or thing whatsoever which under the law
relating to sureties would but for this provision have effect of so relieving us.
5. We bank …………….. hereby also undertake to have the signature of Branch Manager
issuing the Bank Guarantee verified from the local branch of the bank in M.P.
6. We …………………Bank Limited Lastly undertake to not to revoke this guarantee during
its currency except with the previous consent of the Authority in writing.
Dated the ……………………………day of…………………..20.......

For ……………............…………………… Bank Limited.
Page 51
ANNEXURE-II
Format for Contract Agreement
THIS AGREEMENT made the …. day of …………….,

BETWEEN
(1) ……..<Name of the Purchaser>……..(For West Discom - Madhya Pradesh Paschim
Kshetra Vidyut Vitaran Company Ltd, Indore)……….., a corporation incorporated
under the laws of India and having its principal place of business at
…….(Address)…….. (hereinafter called “the Purchaser”),
and
(2) _____________________________ of ______________________________
(hereinafter “the Supplier”), of the other part.
WHEREAS the Purchaser desires to engage the Contractor to deliver AMC Services, viz.
Contract for “Annual Maintenance Contract (AMC) of Hardware consisting of following
equipments: Servers and storage” vide Award No. ……………………, Dated: ………….. (“the
Facilities”) and the Contractor have agreed to such engagement upon and subject to the
terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:

Article 1: Contract Documents
1.1.1 Contract Documents (Reference GCC Clause 2)
The following documents shall constitute the Contract between the Purchaser and
the Contractor, and each shall be read and construed as an integral part of the
Contract:
(a) This Contract Agreement and the Appendices hereto
(b) Award of Contract No. ……………, Dated: …………….
(c) Form 3. Price Schedule
(d) Special Conditions
(e) General Conditions
(f) Scope of Work including technical & functional requirements
(g) Other completed Bidding Forms submitted with the Letter of Bid
(h) Bid document as submitted by the Bidder including qualification of resources,
standards of performance
(i) Any other documents shall be added here
1.2 Order of Precedence (Reference GCC Clause 2)
In the event of any ambiguity or conflict between the Contract Documents listed
above, the order of precedence shall be the order in which the Contract Documents
are listed in Article 1.1 (Contract Documents) above.
1.3 Definitions (Reference GCC Clause 1)
Capitalized words and phrases used herein shall have the same meanings as are
ascribed to them in the General Conditions.
Page 52
Article 2: Contract Price and Terms of Payment

2.1 Contract Price (Reference GCC Clause 15)
The Purchaser hereby agrees to pay to the Contractor the Contract Price in
consideration of the performance by the Contractor of its obligations hereunder. The
Contract Price shall be the aggregate of Rs: ……………… (In words Rs.
…………………………) as specified in Schedule “H”. Price Schedule, or such other sums
as may be determined in accordance with the terms and conditions of the Contract.
2.2 Terms of Payment (Reference GCC Clause 16)
The terms and procedures of payment according to which the Purchaser will make
payment the Contractor are given in the Appendix (Terms and Procedures of
Payment) hereto.
Article 3: Effective Date

3.1 Effective Date
The Effective Date upon which the period until the Time for Completion of the
Facilities shall be counted from is the date when all of the following conditions have
been fulfilled:
(a) This Contract Agreement has been duly executed for and on behalf of the
Purchaser and the Contractor;
(b) The Contractor has submitted to the Purchaser the performance security and
the advance payment guarantee;
(c) The Purchaser has paid the Contractor the advance payment
Each party shall use its best efforts to fulfill the above conditions for which it is
responsible as soon as practicable.
If the conditions listed under article 3.1 are not fulfilled within one (1) month from
the date of this Contract notification because of reasons not attributable to the
Contractor, the parties shall discuss and agree on an equitable adjustment to the
Contract Price and the Time for Completion and/or other relevant conditions of the
Contract.
o Failure to submit the advance payment guarantee within 21 days of the Letter of
Award would be construed as if the Contractor does not desire to avail advance
payment facility. In such case, the Effective date will be counted from the date
the other conditions in sub clause (a) and (b) are fulfilled.
o The laws applicable to this Contract shall be the laws in force in India. The
Courts of Indore shall have exclusive jurisdiction in all matters arising under this
Contract.
Article 4: Communication Address

4.1 The address of the Purchaser for notice purposes, pursuant to GCC 8.1 is:
Attention:
Address:
City: PIN Code: Country: India.
Telephone:
Page 53
Facsimile number:
Electronic mail address:
4.2 The address of the Contractor for notice purposes, pursuant to GCC 8.1 is:
………………………………
………………………………
………………………………
Article 5: Appendices
5.1 The Appendices listed in the attached List of Appendices shall be deemed to form an
integral part of this Contract Agreement.
Reference in the Contract to any Appendix shall mean the Appendices attached
hereto, and the Contract shall be read and construed accordingly.
IN WITNESS WHEREOF the Purchaser and the Contractor have caused this Agreement to be
duly executed by their duly authorized representatives the day and year first above written.
Signed by, for and on behalf of the Purchaser
……………………………….
Name : ………………..
Designation : ………………..
Purchaser : ………………..
in the presence of
1. ………………………. 2. …………………………
Name : ……………….. Name : ………………..

Designation : ……………….. Designation :……………..
Purchaser : ……………….. Purchaser : ………………..
Signed by, for and on behalf of the Contractor

…………………………………
Name : …………………………………………….
Designation : …………………………………………….
Firm Name : …………………………………………….
in the presence of
1. ………………….. 2. ……………………….
APPENDICES
Appendix 1 - Terms and Procedures of Payment
Appendix 3 – Service Level Agreement
Page 54
Annexure-III
Service Level Agreement
Service Level Agreement
The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly
define the levels of service which shall be provided by the Bidder to purchaser for the
duration of this contract. The benefits of this SLA are to:
1. Trigger a process that applies Bidder's and Purchaser's attention to an aspect of

performance when that aspect drops below an agreed upon threshold, or target.
2. Makes explicit the expectations that Purchaser has for performance from the Bidder.
The Bidder and Purchaser shall review the performance of the services being provided
by the Bidder and the effectiveness of this SLA.
Definitions
Non-Availability: Is defined as, the service(s) is not available.
Response Time: Represents the period of time from the problem occurrence to the time call
ticket generated by the Bidder.
Service Response Time (Max)

Server 4 hrs.
Storage System (Storage, SAN Switch, etc) 4 hrs.
The violation of any of the above SLA’s in a quarter will attract a penalty as set out in the
table below:
Uptime required % of Deduction (Of Total Quarterly Revenue)

Above 99% No penalty
98% to 99% 2
Below 98% 5
Breach of SLA
In case the supplier does not meet the service levels mentioned in this document, for three
(3) continuous time-periods as specified in the relevant clause, the purchaser will treat it as
a case of breach of service level agreement. The following steps will be taken in such a
case:-
1. Purchaser issues a show cause notice to the supplier.
2. Supplier should reply to the notice within three working days.
3. If the purchaser authorities are not satisfied with the reply, the purchaser may
initiate further action.

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Annual Maintenance Contract (AMC) of Hardware

consisting of following equipments: Servers and storage

Tender Specification No: MD/WZ/06/PUR/TS-1043 due for

Issued by:TheExecutive Director (Corporate Office)

Ex-work Service tax Servic Total

7 ESL712e (Ta pe Library) Nos . 1

Annexure -II Format for Contract Agreement 49

Annexure -III Service Level Agreement 52

Key Dates (Online Only)

(B)Notice Inviting Tender

(C)GUIDELINES & INSTRUCTIONS TO BIDDER

Sr. No. Title Description

Sr. No. Title Description

1. The Techno-Commercial Bid shall contain the EMD.

1 TS-1043 Site at Bhopal & Customer Care Centres at 50,000/-

3. PREPARATION OF THE PROPOSAL

6. EVALUATION OF BID & AWARD OF CONTRACT

(a) TECHNO-COMMERCIAL EVALUATION: -

The Techno-Commercial Bids shall be evaluated based on the following criteria:

(b) FINANCIAL EVALUATION: -

(c) Award of Contract:-

(B)GENERAL INSTRUCTIONS TO BIDDER

3. TAXES AND DUTIES

10. LUMP SUM BASED BIDS

11. PRINTED TERMS AND CONDITIONS IN BIDS

12. ALTERATION/ CORRECTION IN BIDS

13. INCOMPLETE BIDS

14. ACCEPTANCE OF PART/WHOLE BIDS-RIGHTS THEREOF

15. AMBIGUITIES IN CONDITIONS OF BIDS

16. DISQUALIFICATION OF BIDS

17. LANGUAGE OF BIDS

18. INFORMATION & QUESTIONNAIRE SUBMISSION

19. DEVIATIONS FROM TERMS/CONDITIONS

20. PROCEDURE FOR SUBMISSION OF BIDS

(i) The tender shall be submitted in three (3) parts: -

(B) Part-II-“TECHNO-COMMERCIAL BID”

21. DATE AND TIME OF OPENING OF BIDS – CHANGES

22. OPENING OF EMD AND COMMERCIAL AND TECHNICAL BID

23. OPENING OF FINANCIAL BID

24. CANVASSING OF BIDS

25. DESTINATIONS WHERE SERVICES ARE REQUIRED

26. VALIDITY OF BIDS

27. AUTHORISATION/ LOCAL REPRESENTATIVE

28. ACCEPTANCE OF TENDER

29. AWARD CRITERIA

30. SIGNING OF CONTRACT

31. POOL RATES

32. PRECEDENCE IN INTERPRETATION OF TERMS AND CONDITIONS

33. INTERESTED CONCERNS

34. LIST OF SCHEDULE BANKS

35. Nodal Officer for each DISCOM-

Its business scope includes: -

A. Annual Maintenance (AMC)

b. “Contract Documents” means the documents listed in the

c. “Contract Price” means the price payable to the Supplier as

d. “Day” means calendar day.

e. “Delivery” means delivery of services from the Supplier to

f. “Completion” means the fulfillment of the Related Services

g. “GCC” means the General Conditions of Contract.

h. “Purchaser” means the entity purchasing the Goods and

i. “Services” means the services incidental servicesand

j. “SCC” means the Special Conditions of Contract.

k. “Subcontractor” means any natural person, private or