DIRF General RFP Ver.7 - Vol I After Corrigendum

8/2/2019 DIRF General RFP Ver.7 - Vol I After Corrigendum

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Request for Proposal

ForAppointment of an Agency for

Establishment and Operation & Maintenanceof Physical cum IT Infrastructure

For

Digital Information Resource Facility (DIRF)

Volume IScope of Work and General Conditions

ISSUED BYNational Institute of Science Communication & Information Resources

New DelhiRFP NO: 18(29)/2010-PUR/Vol I Dated: 27/01/2011



DIRF – RFP Volume I – Scope of Work and General Conditions

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Date of Issue ..................................................

Name & Address: .................................................................................................

Of the Firm ..........................................................................................

.................................................................................................

.................................................................................................

Important Notice

This tender document consists of two volumes (1 and 2). Bidders are advised to studyand understand both the volumes of tender document before submission of bids. Anincomplete offer and/or late bid is liable to be ignored/ summarily rejected. To aid theBidders in submitting complete offers, a checklist is included in the bid document (Sl.No. 7.3). The bidders must fill this and submit along with their bids.




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Table of Contents

Sl. No. Description Page No.

1. SECTION I - INVITATION OF BIDS 4 - 9

2. SECTION II – ELIGIBILITY CRITERIA 10 - 13

3. SECTION III – PROJECT PROFILE 14 - 20

4. SECTION IV - SCOPE OF WORK 21 – 34

5. SECTION V - INSTRUCTIONS TO BIDDERS 35 – 65

6. SECTION VI - GENERAL CONDITIONS OF CONTRACT 66 - 103

7. SECTION VII - FORMAT FOR PRE-QUALIFICATION BIDS 104 - 111

8. SECTION VIII - FORMAT FOR TECHNICAL BID 112 -119

8.1 FORMAT 1 – TECHNICAL BID LETTER 113 - 114

8.2 FORMAT 2 - GENERAL INFORMATION ABOUT THE BIDDER 115

8.3 FORMAT 3 – TECHNICAL SOLUTION 115 – 116

8.4 FORMAT 4 – SPECIFICATIONS OF THE NON-IT COMPONENTS 116 – 117

8.5 FORMAT 5 – SPECIFICATIONS OF THE IT COMPONENTS 117 -118

8.6 FORMAT 6 – PROJECT EXPERIENCE: DATA CENTER IMPLEMENTATION AND MAINTENANCE

118

8.7 FORMAT 7 – PROJECT EXPERIENCE: DC FACILITIES MANAGEMENTEXPERIENCE

118

8.8 FORMAT 8 – AUTHORIZATION LETTERS FOR OEM’S 118-119

9.0 SECTION IX - FORMAT FOR COMMERCIAL BID 120 - 131

9.1 FORMAT 1 – COMMERCIAL BID LETTER 121 – 123

9.2. FORMAT 2 – BREAKDOWN OF COST COMPONENTS 123 – 131

10.0. SECTION – X GLOSSARY 132 - 134

11.0 SECTION – XI ANNEXURES 135-141

ANNEXURE-A : MODEL BANK GUARANTEE FORMAT FOR FURNISHINGBID SECURITY (EMD)

136

ANNEXURE-B : FORMAT OF THE INTEGRITY PACT 137 – 141

ANNEXURE-C :INDEMINITY BOND

142-143

ANNEXURE-D : BID FORM 144-145

ANNEXURE-E : ACCEPTANCE CERTIFICATE FORM 146

ANNEXURE-F : PERFORMANCE SECURITY FORM 147

ANNEXURE-G : AGREEMENT(WORKS) 148-1




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Invitation for BidsSECTION - I




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1. Section I - Invitation to Bidders/Important dates

The invitation to bid is for “Design, Site Preparation, Supply, Installation, Commissioning,

System Integration of various Equipments and/or Products and Maintenance & Operations of

Digital Information Resource Facility (DIRF) including Data Centre for a period of five years from

the date of acceptance” for the project being implemented by NISCAIR at NISCAIR, Dr. K.S.

Krishnan Marg, New Delhi – 110 012.

Submission of bids shall be deemed to have been done after careful study and examination of

the tender document with full understanding of its implications. This section provides general

information about the Issuer, important dates and addresses for all communication.

1.0 The major components of the work are:

1.1 Issuer

National Institute of Science Communication

And Information Resources

Dr. K.S. Krishnan Marg, New Delhi-110012 Council of Scientific And Industrial Research, Rafi Marg, New Delhi-110 001

1.2 Contact Person

Head, Information Technology Division

NISCAIR, Dr. K.S. Krishnan Marg, New Delhi-110012

1.3 Key Events & Dates

Event Target Date

Non-Refundable tender fee Rs.300/- through demand draft/bankers pay order from

a scheduled bank, drawn in favor of Director, NISCAIR,

Payable at New Delhi. No tender fee shall be payable

document is downloaded from NISCAIR Website.

Sale of tender All working days except Government Holidays starting

from 17/12/2010 to 16/02/2011 between 10.00a.m and

4.30p.m and on 17/02/2011 till 1.00 pm from NISCAIR

Book Shop

Earnest Money Deposit (EMD) Valid

up to 180 days till the validity of bid

Rs. 25,00,000/- (Rs. Twenty Five Lakhs only) in the

form of Demand Draft or Bank Guarantee format

(Annexure-A) in favor of Director, NISCAIR payable at




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New Delhi from a nationalized/scheduled bank.

Last date to send in requests for

clarifications/queries on the tender

and confirmation to attend the Pre-

bid conference.

31/12/2010, till 5.00 pm

Pre-bid Conference, Venue:

Conference Room, NISCAIR, Dr.

K.S. Krishnan Marg, (inside Pusa

Campus) New Delhi-110012

03/01/2011, 11.30 am

Up loading of final bidding document

on the NISCAIR Website

07/01/2011 (extended to 27/01/2011)

Last date for submission of bids 17/02/2011 , 1.00 p.m

Opening of Pre qualification bids,

EMD and Technical bids in the

Conference Room, NISCAIR, Dr.

K.S. Krishnan Marg, (inside Pusa

Campus) New Delhi-110012

17/02/2011 , 2.30 p.m

Presentation on technical bid by

short-listed bidders, if required

To Be Declared Later

Declaration of short-list of bidders

for commercial bid

To Be Declared Later

Opening of commercial bids To Be Declared Later

Language of the Bid This bid should be filled in English language only. If any

supporting documents are to be submitted, in any other

language other than English, then translation of the

same in English language attested by the bidder should

be attached.

1.4 Procurement of RFP Document

The RFP document can be downloaded from the website http://www.niscair.res.in free of

cost. Interested bidders may obtain complete set of bid document from Book Shop,

National Institute of Science Communication And Information Resources, Dr. K.S.

Krishanan Marg (inside Pusa Campus), New Delhi - 110012 between 10.00 a.m and




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4.30 p.m on all working days except Saturday, Sunday and Government holidays from

17/12/2010 to 16/02/2011 between 10.00 a.m and 4.30p.m and on 17/02/2011 till 1.00

pm on submission of an application. A fee of Rs. 300/- shall be paid in the form of a

demand draft/bankers pay order of any nationalized / scheduled / commercial bank

located in India, payable at New Delhi, drawn in favor of Director, NISCAIR.

1.5 Pre-Bid Conference

The NISCAIR shall organize a Pre Bid Meeting on the scheduled date and time (03/01/2011,

11.30 am) in the NISCAIR Committee Room.

The prospective participants have to inform NISCAIR up to 31/12/2010, till 5.00 pm

on the e-mail [email protected] for attending the pre-bid conference and sending

the requests for clarifications/queries on the tender document. No vendor shall be

allowed to attend the Pre-bid conference without confirmation to NISCAIR.Only two persons of Prime bidder shall be allowed to participate in the Pre-bid

conference.

It will be sole discretion of NISCAIR to or not to incorporate any changes in the RFP

based on feedback/input received during the Pre Bid Conference. The decision of the

NISCAIR regarding acceptability of any suggestion shall be final in this regard.

It may not be possible at the pre-bid conference to answer all the queries. In such cases

the answers shall be conveyed by hosting on NISCAIR website. Reply will not be given

by post, Fax, or e-mail to any firm/vendor or concern.

The queries must originate from the bidder only. Queries made otherwise will not be

entertained.

It is advisable that prospective bidders should submit their bids only after the pre-bid

conference so as to take care of changes made in the bidding document.

Imp Note: Pre-bid conference was held on 03/01/2011. Consequently document

revised at the appropriate places.

1.6 Venue and Deadline for submission of ProposalThe bids complete in all respects addressed to the Director, NISCAIR, New Delhi should reach

by hand/post at the following address latest by 17/02/2011, 01.00 p.m.

NISCAIR BOOK SHOP

National Institute of Science Communication & Information Resources (NISCAIR)

Dr K.S. Krishnan Marg, Near Pusa Gate, New Delhi 110 012




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Phones: 25843182; Fax:25849949 & 25847062;

1.7 The Bid comprising of EMD, Eligibility Criteria and Technical bid will be opened in the

Conference Hall of NISCAIR, Dr K.S. Krishnan Marg, Near Pusa Gate, New Delhi 110 012

on 17/02/2011 , 2.30 p.m in the presence of bidders who choose to be present and whose

EMD and Eligibility Criteria Documents are in order.

Any proposal received after the deadline for submission of proposals mentioned in Section

1.3 above will be summarily rejected and returned unopened to the Bidder. NISCAIR shall

not be responsible for any postal delay or non-receipt/ non-delivery of the documents. No

further correspondence on the subject will be entertained.

1.8. The major responsibilities of the bidder shall include

Bids are invited in three Packages for “Design, Site Preparation, Supply, Installation,

Commissioning, System Integration of various Equipments and/or Products andMaintenance & Operations of DIRF for a period of five years from the date of acceptance”

for the project being implemented by NISCAIR at NISCAIR, Dr. K.S. Krishnan Marg, New

Delhi – 110 012.

Package-I : Equipments and systems

a. IT Equipments and Products

b. Non-IT Equipments and other peripherals

Package-II: Physical infrastructure under works

a. Civilb. Electrical

Package-III: Maintenance & Operations of DIRF

A bidder has to bid for all the above mentioned packages. All the items in a given package

are required to be quoted completely.

1.8.1 Supply, Installation, Acceptance Testing, Configuration, Commissioning, and Training

of various equipments and components as per clause 1 above.

1.8.2 System Integration and system tests (load/availability testing, penetration testing etc.)

for the establishment of DIRF including Data Centre by qualified and trained

engineers/personnel to implement the overall functional requirement of DIRF.

1.8.3 Three year on-Site Comprehensive Warranty Maintenance of various equipments

and components with a provision of on-site spares on 8.5 X 5 bases (9.00 am to 5.30

p.m., Monday to Friday) after successful Acceptance of the DIRF by NISCAIR. After

successful completion of 3 yrs warranty all the components covered under warranty




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will be given under Comprehensive AMC for a period of two years i.e. 4 th and 5 th

year.

1.8.4 Undertake all data centre cabling necessary as per international IT standards.

1.8.5 Supply, Install, configure, commission and maintain all necessary and adequate

accessories for respective equipment and/or products supplied for establishment of a

state-of-the-art data centre.

1.8.6 Prepare and submit DIRF including Data Centre information security policy, backup

policy etc. and third party audit reports.

1.8.7 Planning, Submission of detailed technical architecture (Physical and Logical)

drawing and/or plan of the DIRF including Data Centre.

1.8.8 Provide two weeks training of installation, configuration, commissioning, monitoring,

and troubleshooting of various equipments / products & other aspects of the data

centre for a session size of 06 NISCAIR nominated staff.

Note:

a. NISCAIR is not bound to procure and provide the

hardware/networking/software/infrastructure equipments/ other products as

suggested and/or specified by the bidder for the DIRF data centre.

b. NISCAIR reserves the right to procure and provide

hardware/networking/software/infrastructure equipments/ other products as per its

own specifications (which may be based on the suggested specifications).c. The major responsibilities as specified in clause 1.8 above are indicative only and not

exhaustive in any manner.




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Eligibility CriteriaSECTION - II




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2. Section II – Eligibility Criteria

The bidder must possess the requisite experience, strength and capabilities in providing the

services necessary to meet the requirements, as described in the tender documents. The bidder

must also possess the technical know-how that would be required to successfully provide theData Centre and support services sought by NISCAIR for the entire period of the contract. The

bids must be complete in all respects and should cover the entire scope of work as stipulated in

the Tender document. The invitation to bid is open to all bidders who qualify under the eligibility

criteria as given below:

Sl.No.

Clause Documents Required

1. The bidder should be a Private/ PublicLimited company registered under theCompanies Act, 1956 or a registered firm.The company/firm should be in existencefor more than 3 years as on 31.12.2010 andshould have their registered offices in India.

The company must be registered withappropriate authorities for all applicablestatutory duties/taxes.

Valid documentary proof of:Certificate of incorporationCertificate of CommencementCopy of Memorandum of Association

Valid documentary proof of:• Central Sales Tax/VAT number.• Service Tax registration number.• Income Tax registration/PAN number • Income Tax returns for the last threeyears

2.The bid can be submitted only by anestablished Information TechnologyCompany/ IT System Integrator who has anexperience of installation & commissioningof Data Centers and should have been in the

business for more than three years as on31.12.2010

Self certification by authorisedsignatory with relevant documents in itssupport.

Work Orders confirming year and areaof activity

3. Bidder (prime) must have ISO 9001:2000certification.

Valid Copy of Certificate

4. The bidder should have commissioned and

installed at least two Data center TIER-II or above on turnkey solution basis of about500 sq. feet (server farm) that meets all thebelow mentioned requirements during thelast Three (3) years as on 31.12.2010 inIndia.

a. Order Value (including IT and Non-IT butexcluding basic building structure cost) of

a) Copy of work orders / clientcertificates/ Completion certificates.




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not less than Rs. 5 crores each.

b. Valid BS 7799 / ISO 27001 certification

Note:Bidder’s in house data centers shall notbe considered.Bidders who have built their own internetData Centre (IDC), for commercial usewill be considered.

For IDC bidder, Certificate fromCompany Secretary confirming the order value/cost.b) Valid Certification(IDC bidder shall also submit customer work orders)

5. The bidder should have experience inproviding Facility management services toat least one data center established by thebidder during the last three years as on31.12.2010 in India. The facilitymanagement services shall include ITinfrastructure related (e.g. Servers, storage,networks etc.) / non IT related services(Power, cooling, physical security etc)Note:

Bidder’s in house data centers shall notbe considered.Bidders who have built their own InternetData Centre (IDC), for commercial use willbe considered.

The Copy of work order / client

certificates. For IDC bidder, Certificatefrom Company Secretary confirming theorder value/cost and Completioncertificates.

6. The bidder should have positive net worthof atleast 15 crores and a turnover of morethan Rs. 100 crores for each of the lastthree Financial Years ending on 31.03.2010as evidenced by their audited balancesheets. The turnover refers to a companyand not the composite turnover of itssubsidiaries / sister concerns or parentcompany etc.

Chartered Accountant certificate for Networth. Copy of the audited profit andloss account of the company showingturnover of the company for last threeyears along with audited report

7. The bidder should furnish, as part of its bid,an earnest money deposit of Rs 25,000,00/-(Rupees twenty five Lac).

In the form of Demand Draft/Bankerscheque/Bank Guarantee/Fixed Depositfrom a Nationalized / Scheduled Bank inIndia, in favour of “Director, NISCAIR”.

8. The bidder must have on its roll at least100 technically qualified professionals in,networking, systems integration, and prior experience in providing the Data Center Infrastructure maintenance services as on31-12-10.a) Four resources should be ITIL certified.

andb) Four resources should be Certified Data

center professional (CDCP)

Certificate from bidder’s HR Departmentfor number of Technically Qualifiedprofessionals employed by the company.

a) Name of the employees along withcertified copies of the certifications done,ITIL and CDCP to be provided.




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9. The bidder (prime) should submit validletter from the OEMs confirming following:

Authorization for bidder Confirm that the products quoted are notend of life products

Undertake that the support includingspares, patches for the quoted productsshall be available At least for next 5years.

OEMs include:Compute InfrastructureNetworking InfrastructureStorage InfrastructureUPS

HVACGenerator Fire detection & SuppressionSurveillance

10. The bidder shall be the single point of contact for NISCAIR and shall be solelyresponsible for all warranties, upgrades andguarantees etc. offered by the OEM.

Give address, Phone number, andContact person.

11. The bidder shall commit that the keypersonnel to be employed for the projecthave been sufficiently involved in thesimilar implementations and that once

assigned to the project will not be movedout of it, except for reasons beyond thecontrol of the bidder.

Self certification must produce.

12. The Bidder shall not be under a Declarationof Ineligibility for corrupt or fraudulentpractices or blacklisted with any of theGovernment Agency.

Declaration in this regard by theauthorized signatory of the prime bidder

13. The bidder should have an branch officein Delhi/NCR

Relevant Documentary Evidence

The vendor must fulfill the above eligibility criteria/ pre-qualification conditions. Technical bid of

vendors fulfilling the pre-qualification conditions will only be evaluated by the duly constitutedtechnical evaluation committee. Bid of vendors not fulfilling the pre-qualification conditions given

above will be summarily rejected. Undertaking for subsequent submission of any of the above

documents will not be entertained under any circumstances. NISCAIR reserves the right to

verify/confirm all original documentary evidence submitted by vendors in support of above

mentioned clauses of eligibility criteria.




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Project ProfileSECTION - III




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3. Section III – Project Profile

3.1 DIRF Overview

National Institute of Science Communication And Information Resources (NISCAIR) is one of

the premier institutes of CSIR serving the society using modern IT infrastructure. NISCAIR,

since its inception, has been laying emphasis on reaping the benefits of information technology

to effectively serve the national and international community to be an institution of international

standard and repute in the areas of knowledge networking, databases on natural resources,

science communication, science popularization and S&T information management systems and

services.

NISCAIR is the prime custodian of vast pool of digital information resources of CSIR. Thevolume of data, being managed at NISCAIR, in the form of Databases and CDs, is in Tera Bytes

with an exponential growth. NISCAIR also acts as repository on Library and Analytical facilities

under CSIR - National Knowledge Network (NKN) Project. With new ICT tools the knowledge

repositories are growing at exponential rates and require massive and updated capabilities for

management of information resources and services including hosting and sharing.

NISCAIR is functioning at two separate locations. The digital resources and services of

NISCAIR are dated and dis-jointed. NISCAIR is having LAN infrastructure of 250 nodes at Pusa

location and 360 nodes at S.V. Marg with 4 Mbps Leased Line Internet Connectivity. NISCAIR

Scientists are making use of the IT Infrastructure for data transfer, communication, exchange of

manuscripts and data with authors and referees. NISCAIR has its own dynamic website.

Several applications hosted at both the locations of NISCAIR are linked with this website.

The services and data hosted on servers in an unorganized manner without any redundant

infrastructure, major security and archival / backup facility. This has significantly impacted level

and quality of NISCAIR’s services. The servers on which various applications are hosted

are of low configuration and are in the decentralized form. With a view to overcomeexisting constraints, NISCAIR proposes to set up Digital Information Resource Facility (DIRF,)

as an integrated facility. The focus of the facility is to provide uninterrupted, authorized and

secure access to NISCAIR and CSIR Resources to the scientific community and researchers all

over the world. After the establishment of DIRF all these applications will be migrated on

the servers kept in Data Centre in co-ordination with NISCAIR.




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The project, setting up of Digital Information Resource Facility (DIRF) has singular focus on

setting up an integrated state-of-art facility for managing and sharing digital information

resources of CSIR. Data Center Facilities are planned with utmost considerations

including the fail safe configurations. NISCAIR, Pusa has earmarked about 2150 sq. ft.

space for housing these facilities at 1 st floor of annex building.

DIRF will include (approx.):

A Server Farm area of 400 sq. ft.

Security/Waiting area of 190 sq. ft.

Administrator cabin of 120 sq. ft.

two Cabins of 88 sq. ft. each

Building Management area of 45 sq. ft.

UPS area 245 sq. ft.

N.O.C. & Help Desk of 205 sq. ft.

Store area of 80 sq. ft.

Conference room of 245 sq. ft.

Staging area of 80 sq. ft

Ramp 60 sq. ft

Passage mini 67 sq. ft

Passage 255 sq. ft

Note: Above requirement is indicative not exhaustive. Bidders are free to redesign the

architecture and/ or specifications given above on the basis of their initial study.

1. Objectives of the Project

Following summarizes the broad project objectives of NISCAIR DIRF:

Host, Manage and secure the digital assets systems created by NISCAIR.

Provide uninterrupted data services.

Provide long-term scalable storage infrastructure.

Manage high volume of incoming and outgoing content.

Streamline net-centric operations

Provide authorized and secure access. (Remote & Local Both)




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Design and Site Preparation of the NISCAIR DIRF including Data Centre in terms of the

civil, electrical and mechanical work and all other necessary components required to

build the Data Centre.

Supply, installation and setting up of the necessary Physical Infrastructure (State of the

Art UPS and Air-Conditioning System, Fire Detection and Control System, Diesel

Generator Units, Lighting system, Fire Detection and Control system, Power and

Network Cabling etc.).




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Fig.1: INDICATIVE REQUIRMENT OF DIRF AT 1 ST FLOOR

Supply, installation and setting up of the multi-layer Physical Security infrastructure like

bio-metric/Smart card etc. based access-control system, CCTV/ surveillance systems.

Establish effective and efficient Infrastructure monitoring & management practices to

ensure reliability, availability, quality of services and security of the Information systems




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2. Envisaged Outcomes

Digital Information Resource Facility is an essential infrastructure service to provide

support to the researchers not having adequate access to the trans-boundary S&T

information. It aims at providing an essential infrastructure service to the scientists and

management and access mechanism to remotely located user community. Vast pool of

digital information resources of the Institute would be widely accessible to a wide range

of S&T and academic community in the country through this Resource Facility. Building

Digital Information Resource Facility will play vital role in planning the better intellectual

future of large segment of researchers. NISCAIR is functioning at two separate

locations. Currently all the digital resources and services are in the distributed form.

Proposed Resource Facility will stream line these resources and services.

The proposed state–of-the-art Data centre will address gaps and loopholes of existing

system. The project will benefit CSIR & its laboratories in hosting and in seamless

integration of their databases and services in secured environment.

NISCAIR also requires major upgrade of IT infrastructure to become a part of High

Speed National Knowledge Network (NKN). The state of the art Data centre along with

IT Security appliances are needed to be commissioned so as to cater to the requirement

of Scientists/Management/Technical. This project is aimed to develop and establish ICT

infrastructure & services at NISCAIR for the benefit of CSIR & its laboratories so as to

become National Knowledge Network (NKN) ready

3. Application Hosting Plan

Initially the applications that are termed as current applications will be hosted at the data

centre. An overview of data volume of each of application is given in table below:

As on: September 2010

S.No.

Name of Application OperatingSystem

DatabaseType

CurrentVolume of Data (GB)

AnnualIncrement

(GB)

AverageConcurrentUsers/Day

1. Web servers Windows MSSQL

Server 200 20 10

2. Mail Server LINUX My SQL 230 40 40




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3. National KnowledgeResourcesConsortium (formerlyCSIR E-Journals

LINUX MYSQL

SQL Server

11 1 10

4. NISCAIR OnlinePeriodicals Repository

LINUX PostGreSQL 12 1 20

5. National ScienceDigital Library


6. NISCAIR InstitutionalRepository


7. On-line Indian Science

AbstractsLINUX MySQL 2 1

8. National ScienceLibrary

LINUX

Windows

MY SQL

SQL Server

50 5 5

9. National UnionCatalogue of ScientificSerials in India

Windows SQL Server 2 1 10

10. Online AdvancedScientists' Information

System


11. Online EditorialProcess


12. Subscribed E-resources ThroughConsortium

LINUX XML & PDFFiles

250 200 20

However in future Data Centre service will be available for other CSIR laboratories located allover India.




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4. Section IV - Scope of Work

The National Institute of Science Communication And Information Resources, New Delhi

proposes to select an agency which will build and thereafter operate the DIRF including Data

Center for a period of 5 years (3 years warranty and 2 year CAMC). Successful bidder’s overall

responsibility shall be to Design, Procure, install, operate, and maintain Data Center. The

expected minimum scope of work is detailed under this section. The bidder shall add additional

components as they feel are required to meet the requirement given in the SLA after the

approval of Director, NISCAIR. The service provider has to provide the complete solution to the

NISCAIR and fill all the gaps which are not covered in this RFP. Bidders are requested to read

through carefully the entire tender document prior to responding to the tender.

( Detailed specifications are provided in Volume-II):

Sr.No

Scope of Work – Description

1 Supply, Install, Configure, Test & Commission all the equipment and products withnecessary and adequate accessories as specified in Volume-II.

2 Three years On-Site Comprehensive Warranty Maintenance and two year CAMC (4 th and 5 th year) of various equipments and components supplied with a provision of on-

site spares by four qualified and trained resident engineers/personnels on 8.5 X 5bases after successful Acceptance of the NISCAIR-DC by NISCAIR.

1. Two engineers for I.T. Infrastructure

2. One for Data security

3. One for Electrical work (including operation of DG Set)

3 Undertake all data center cabling necessary as per international IT standards

4 Supervision of the adherence to 3 above while establishment of the infrastructure byqualified personnel.

5 Planning, Submission of detailed technical architecture (Physical and Logical) drawingand/or plan of the NISCAIR-DC. The selected bidder shall design the Data Centre inline with minimum requirements as laid out in Telecommunications Industry

Association TIA 942 specifications for Tier II Data center wherever possible. Thedesign should ensure an uptime of 99.00% for whole year.

6 While the basic design/layout of the DIRF is given in Fig. 1, and under clause 3.1 of Section-III the bidder is free to redesign the architecture and/ or specifications given




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as part of this RFP on the basis of their initial study. The Bidder is advised to make asite survey on its own cost to gather information required for preparing the workingdrawings/layout plans. It will be the resposibility of bidder to get the load bearring testdone. Bidder will suggest the solutions, which will be considered by NISCAIR and thedecision of the NISCAIR will be final and binding on the bidder.. On the basis of layoutplans suggested/submitted by bidders, NISCAIR will select the best suggested planfor the activities mentioned below. Therefore the Bidder are advised to submit all theworking drawings/layout plans along with complete specifications and quantity of eachitem used in the design viz. electrical fixtures, distribution boards, wires, cabling,switches, sockets, MCBs etc of following items:a. Basic Layout plan of DIRFb. Access Control system Layoutc. False ceiling Layoutd. Electrical layout (Including PAC and other requirements and additional Safety

devices if any.)e. Lighting Layoutf. Loose furniture detailsg. Fixed furniture detailsh. Civil addition and alteration detailsi. Internal/ sectional elevation

j. Cabling Layoutk. CCTV Layoutl. Rodent Repellent Layoutm. Fire Extinguisher Layout (including manual switches)n. Water Leak Detection System layouto. Other drawings as required.p. Proposed schedule of quantity as per layout plan

In addition to above Bidder may submit any other layout plan required for DataCentre. As mentioned under clause No. 5.3 of Section V - Instruction to Bidders,NISCAIR will prepare revised bill of material for Physical Infrastructure (Civil andElectrical) and some of the items under Non-I.T. Equipments on the basis of above layout plans and shall ask all the technically qualified Bidders to submitthe revised commercial bids.

7 Laying of cable from NISCAIR transformer/substation to LT Panel and to DG Set, ,creation of Earthing Pits, fixing of various switches required for proper functioning of two DG Sets (80KVA) will be under Bidders scope of work. Bidder can see the site of DG Sets to be located at backside of IT Division at ground floor.Note: Raw power will be provided from main substation of NISCAIR however vendor has to provide /fix the switch/MCCB in the substation panel even if some modificationsare to be done in the panel/outside the panel the same to be done by vendor also if atall MCCB/switch is to be provided out side the main sub-station panel then the sameshould be in a standard sheet steel enclosure.

8 All components of the data centre must support scalability to provide continuousgrowth to meet the requirements and demand of Institute. The Data Centre shouldsupport both vertical (the growth of computational power within one operatingenvironment) and horizontal scalability (leveraging multiple systems to work together on a common problem in parallel). Modular design of the Data Centre is an excellentstrategy to address growth without major disruptions. A scalable DC shall easily beexpanded or upgraded on demand.




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9 Undertake all Systems Integrations for all the components of data centre like firewalls,IDS/IPS Antivirus, Anti Spam, SAN FC switches, CAS, clustering of server farms,configuration and performance tuning of all software and hardware etc. and systemtests inclusive of load balancing /High availability testing, penetration testing, etcrequired for the commissioning of the Data Centre and services without single point of failure .Would ensure that each cluster should provide the ability to recover from additionalfailures by protection against many multiple component failures. The following testactivities should be carried out.

To design tests for high availability testing. Execution of high availability test Assessment of transaction/data losses in relation to Disaster Recovery System Communication of final results to all the stakeholders Submit all the test reports to I.T. Division authorities for vetting and approval.

10 Prepare and submit data center information security policy and third party auditreports. The third party security audit certification process will include:

Audit of Network, Server and Application Security Mechanism Assessment of authentication mechanism provided in the application / components

/ modules Assessment of Digital Rights Management/data encryption mechanism within the

legal framework Assessment of data access privileges, retention period and archival mechanism.

11 Undertake the following Performance Tuning activities:

Methodically carry from diagnosis to solutions.Enhance the performance of applications on a 8.5X5 basis performanceDevice safe and secure procedures for enhancing performance of critical

production systems/databases in a competitive, policy based environment.Identify, correlate and isolate the performance bottlenecks in components of hardware, network, operating systems, application and databases.

12 Undertake the following service and maintenance activities

Prepare and maintain service / maintenance policies & proceduresProvide on-site repair/replacement service for desktops.Provide on-site repair/replacement service for ServersProvide on-site repair/replacement service for printers and other peripherals.Provide on-site repair/replacement service for Equipments: SAN, Routers,Switches, Cables, Etc.Scheduling and managing preventive maintenance of equipment as per

recommendations of the OEM equipment manufacturer.Provide 1st level support for WAN and LAN Cabling problemsProvide 1st level support for WAN/LAN active equipment’s repair/replacementEscalations required to manufacturer/OEM/Distributor beyond 1st level support

13 Undertake the following server administrator activities

Starting/Shutdown of server/servicesPerformance monitoring of server resources (CPU, Memory, disks)




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Monitoring access logs and application logsPurging of temporary Files, logsVirus prevention, detection and cureIntrusion detection and protectionFirewall Policy formulation and implementation

Data backup and restoration on requestApplying service packs, hot fixes and security rolloutsCustomizing login scripts

14 Undertake the following Network & security administration activities

Compliance with Security Management Policies and standard in order tosafeguard the hardware and software assetsManagement services in order to track legitimize the hardware and softwareassetsImplementation of various security products like Firewall/IDS etcImplementation and monitoring of NMS and ITSM

15 Undertake the following anti virus administration activities

Monitoring deployment of anti-virus on all desktops/servers.Updating latest anti-virus DAT’s on Desktops/Servers.Disinfecting desktops affected if any.Co-ordination with anti-virus service provider for information and support for virusattacks.

16 Undertake the following Backup management activities

Backup procedure scheduleOnsite/Offsite backupVerify integrity of Backup periodicallyMedia Logs/Replacement

17 Provide training to I.T. Division Technical and support team as required by NISCAIRfor the installation, configuration, commissioning, monitoring, and troubleshooting of various equipments / products & other aspects of the data centre over a period of 2weeks for a session size of 06 NISCAIR nominated staff.

Note:

The bidder should undertake to provide support for the supplied systems/sub-systemsfor a period of 5 years . After successful completion of 3 yrs warranty all the componentscovered under warranty will be given under Comprehensive AMC for a period of twoyears i.e. 4th and 5th year. In case of the item/spare part being not available due to anyreason the bidder shall provide an equivalent or latest item/spare part in lieu of theoriginal item/spare part subject to the approval of the NISCAIR.The bidder will provide technical staff as per requirement mentioned at Sl. No. 4.2.3 for the successful operation, maintenance and management of the data centre.The above Scope of Work and technical specification RFP Vol. II are indicative and notexhaustive in any manner. The bidder shall be assumed to have accounted for all




26

services and/or products/equipments necessary for establishment of state-of-the-artData Centre in its financial bid.

4.1 Design, Supply, Installation & Commissioning Phase - Schedule I

4.1.1 Site Preparation

The successful bidder shall carry out the site preparation as per the finalized layouts. The

selected bidder shall be responsible for obtaining necessary clearances which shall enable

them to undertake civil, electrical, and mechanical works at the DIRF site. NISCAIR shall

support and facilitate the successful bidder in obtaining such clearances.

The bidders are free to inspect the site prior to submitting their proposals. In case of

nonconformance due to the unavoidable building constraints the NISCAIR and the Bidder shall

agree mutually on alternate arrangements.




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Fig. 2 : Proposed Data Centre Architecture




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4.1.2 Supply, Installation and Commissioning of Non-IT Components

The selected bidder shall procure and supply all Non IT components. The selected bidder would

be required to undertake all the necessary civil, electrical, plumbing and mechanical works

including false ceiling/flooring, partitioning, installation of electrical component, cable laying etc

and other infrastructure or services to create the Non- IT/ Physical infrastructure. Based on

generic solution design, minimum capacities and specifications for the components have been

worked out and described in Volume II of the RFP. The Bidder is at liberty to suggest better

solutions to meet the overall SLA requirements.

4.1.3 Supply, Installation and Commissioning of I.T. Components

The selected bidder shall procure and supply all IT (Active and Passive) components. Theselected bidder would be required to undertake all the necessary works related to installation of

all the components. Based on generic solution design, minimum capacities and specifications

for the components have been worked out and described in Volume II of the RFP. However, the

Bidder is at liberty to suggest better solutions.

4.1.4 Acceptance Testing and Commissioning

The NISCAIR shall review the detailed acceptance test plan and would also conduct audit of the

process, plan and results of the Acceptance Test carried out by the Data Centre Operator. TheNISCAIR would issue certification of completion for which NISCAIR shall verify availability of all

the defined services as per the contract signed between the Bidder and NISCAIR. The Bidder

shall be required to demonstrate all the services / features / functionalities as mentioned in the

agreement. Testing and Commissioning shall be carried out before the commencement of

Operations.

4.1.4.1 Final Acceptance Testing

After successful testing by the NISCAIR a Final Acceptance Test Certificate (FAT) shall beissued to the Bidder (Annexure-E). The date on which FAT certificate is issued shall be deemed

to be the date of successful commissioning of the DIRF. Prerequisite for Carrying out FAT

activity:




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Operations & Management Phase8. Operations & Management of the Data Centre

infrastructureBidder

9. Offsite data backup Bidder NISCAIR10. Recurring Expenditure like Electricity, Diesel,

internet bandwidth, consumables (ordinary bulbsand tubelights which are used in rooms andcabins) after post implementation during O&Mperiod

NISCAIR

11. Batteries under warranty period of UPS (3 years) Bidder 12. Rack space / Hosting of application Bidder NISCAIR13. Availability of power and cooling and other facility Bidder NISCAIR14. Scalability in terms of availability of physical

space, racks and supporting infrastructureBidder NISCAIR

15 Foolproof security – locked server cabinets,CCTV surveillance and hand key biometricaccess to all areas.

Bidder NISCAIR

16. 8.5 X 5 monitoring of the IT infrastructureServer Management - Periodic system upgrades/updates, Vulnerability Assessment etc

Bidder NISCAIR

17. Security Management – Firewall Monitoring,analyze logs and update configurations

Bidder

18. Storage Infrastructure including administrationand management services

Bidder NISCAIR

19. Backup infrastructure Bidder NISCAIR20. Precautionary measure for any kind of damage

by electricity or fireBidder

21. Surveillance Audit for the certification Bidder NISCAIR

Please Note:

1. Based on the above, typical responsibility matrix will need to be finalized at the NISCAIR

depending upon the functions as mutually agreed. Third party security audit would be

the responsibility of the Bidder.

2. Normal Diesel would be used for the DG set.

3. Reimbursement of diesel cost shall be done on a Quarterly basis. Bidder would be

required to submit original bills of the fuel station along with their invoice for

reimbursement. NISCAIR shall verify the diesel consumption from the logbook

maintained.4. Composite Team (CT) shall be formed by NISCAIR which would comprise of

professionals & domain experts for the DIRF. Composite team shall be responsible for

the implementation of the various policies & overseeing the operation & maintenance

aspects of the NISCAIR Data Centre. The Project Manager provided by Bidder would




33

report to the CT for all matters relating to the efficient operations & maintenance of the

DIRF.

4.2.2. Estimated Timelines

The table below provides the time schedule for implementation of the DIRF. T, as referred to inthe table, is treated as the date of signing the agreement with the selected Bidder by NISCAIR.

Week Activity RemarksT + 0 Project Kick-off This would be done after Contract

Signing between NISCAIR & Bidder T + 1 Site Survey & Feasibility for Data centre Data centre site to be provided by

NISCAIRT + 2 Preparation & submission of Data centre

Floor Lay-out by Bidder T + 2 Approval of Data centre Floor Lay-out To be obtained from NISCAIR within 05

days

T + 3 Availability of 3-Phase raw power /transformer set-up

NISCAIR has to ensure 3 - Phasesupply & Transformer

T + 4 Detailed Designing of PhysicalInfrastructure (including procurement of DC Components)

Report to be prepared by Bidder

T + 10 Site Preparation & Build-up• Foundation for DG Set• Civil Work for DC• Earthing pits• Laying of electrical cable trays for

electrical wiring, lighting, fixture & pointwiring

• Laying of Cables for Access control, firealarms, smoke detectors, CCTV

• Power Cabling from DG Set, to Electrical &sub-distribution panel

• Partitioning of Walls• Installation of HVAC, BMS, Fire Alarm,

CCTV, VESDA, Rodent, Water Leak, DVR

Bidder has to carryout Civil work andinstallation of all the non-ITcomponents of Data centre

T + 12 Testing of HVAC, accessControl, UPS, CCTV, DVR (NCPI)

T + 14 Installation & Testing of IT components(Switches/ Router / Server / Security /Hardware / Software / Database) includingLAN Cabling laying

T + 15 Security Level Design Document &implementation of Security policy

T + 16 Installation and Testing of DG SetT + 17 Commissioning of non-IT & IT componentsT + 18 Design document & manuals handover to

end customer T + 19 User Acceptance Test




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T + 20 Training Training shall be provided for a batchof 06 people for 2 weeks.

T + 22 Project Sign-off Also after Project Sign-off O & M periodshall start.

4.2.3 Resource Requirement

Indicative Man Power ResourcesSl.No.

Role 8X5 Basis Qualification/Certification

1. Technical specialist IT Security(Firewall, IPS, Anti-Spam, Antivirus etc)

2. Technical specialist IT Network(Routers, Switches, LLB, SLB, etc)

3. Technical specialist IT Hardware(Servers, Desktop, SAN etc)

4. Technical Specialist – PhysicalInfrastructure (Electrical & DG Set)




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Instructions to BiddersSECTION - V




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5. Section V - Instruction to Bidders

5.1. Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of its bid, and

NISCAIR will in no case be responsible or liable for these costs, regardless of the conduct or the

outcome of the bidding process.

5.2. The Bidding Documents

5.2.1 The equipments, product and services required, bidding procedures and contract

terms are prescribed in the bidding documents.

5.2.2 The bidder is expected to examine all instructions, forms, terms and specifications in

the bidding documents. Failure to furnish all information required and/or

False/Incorrect information and/or submission of bid not substantially responsive to

the bidding documents in every respect will be at the Bidder’s risk and may result in

rejection of its bid.

5.2.3 Bidders are advised to submit bids based strictly on the terms & conditions and

specifications contained in the Tender Document and not to stipulate any deviations.

5.2.4 Each bidder shall submit only one bid. A bidder who submits more than one bid will

be rejected. Alternative bids will not be accepted.

5.2.5 NISCAIR, New Delhi shall not be responsible for any postal delay about non-receipt /

non- delivery of the documents.

5.3 Procedure for Submission of Bids

The bids are to be submitted in two separate sealed envelopes

a. Envelop One Should Contain three separately sealed envelopes :

i) EMD sealed separately and super scribed/ marked with words “EMD” on the

envelope.

ii) Pre-qualification Bid Document sealed separately and super scribed/ marked

with words “Pre-qualification Bid” on the envelope.

iii) Technical Bid sealed separately and super scribed/ marked with words

“Technical Bid” on the envelope.

b. Envelop Two Should Contain :

i) Financial Bid sealed separately and super scribed/marked with words

“Financial Bid” on the envelope.




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The two envelopes containing copies of EMD, Pre-qualification Bid, Technical Bid and

Financial Bid should be put in another single sealed envelope clearly marked

“Appointment of an Agency for Establishment and Operation & Maintenance of Physical

cum IT Infrastructure for Digital Information Resource Facility at NISCAIR, New Delhi.”

These envelopes are to be super scribed with Tender Number and the wordings “DO

NOT OPEN BEFORE 2:30 pm of 17/02/2011.” Please Note that Prices should not be

indicated in the Pre-Qualification Bid and Technical Bid but should only be

indicated in the Commercial Bid.

The cover thus prepared should also indicate clearly the name, address, telephone

number, E-mail ID and fax number of the bidder to enable the Bid to be returned

unopened in case it is declared "Late".

As part of the bid, Bidder should also provide the Technical and Commercial bid in soft

copy format, in the form of a non-re-writeable CD (Compact Disc). The CDs containing

technical bid should be sealed along with the hard copy of the technical bid and the CD

containing commercial bid should be sealed along with the hard copy of the commercial

bid. All CDs submitted by the Bidder must be in sealed covers. The sealed covers as

well as the CD media must be duly signed by the Bidder using a “Permanent

Pen/Marker”, should be super-scribed with “Technical Bid-Soft Copy” / “Commercial Bid-

Soft Copy” (as the case may be) and should bear the name of the Bidder.

Bidder must ensure that the information furnished by him in respective CDs is identical

to that submitted by him in the original paper bid document. In case of any discrepancy

observed by the NISCAIR in the contents of the CDs and original paper bid documents,

the information furnished on original paper bid document will prevail over the soft copy.

Bidder must ensure that Technical Bid CD do not contain any Commercial items / prices.

Telex/Telegraphic/Tele-fax bids will not be considered. All out-station bids, if sent by

post, should be sent under registered cover.

If the outer envelope is not sealed and marked as indicated above, the NISCAIR will

assume no responsibility for the bid’s misplacement or premature opening.

After evaluation of Technical bids, NISCAIR will select the best suggested layout

plans which suit the DIRF requirement from the plans submitted by bidders as

mentioned under Section IV-Scope of Work Description Sl. No. 6. On the basis of

above layout plans NISCAIR will prepare revised bill of material for Physical

Infrastructure (Civil and Electrical) and some of the items under Non-I.T.




38

Equipments. NISCAIR shall ask all the technically qualified Bidders to submit the

revised commercial bids.

5.4 Earnest money deposit (EMD)

All bids must be accompanied by an earnest money of Rs. 25,00,000/- (Rs. Twenty FiveLakhs only) in the form of Demand Draft (DD)/ Bankers cheque (BC)/Bank

Guarantee/Fixed Deposit from a Nationalized / Scheduled Bank in India and shall be

valid for at least six months, in favour of “Director, NISCAIR”. No interest shall be paid

on the earnest money under any circumstances. The format of obtaining Bid Security

through bank guarantee is enclosed at Annexure-A.

The draft of earnest money to the bidder(s), who fail(s) to qualify for the technical bid,

will be returned back by NISCAIR to the authorized representative of the bidder against

a proper receipt or will be sent by the registered post at the mailing address of the bidder as specified in the bid within four weeks of opening of the pre-qualification bid.

The draft of earnest money to the bidder(s), who fail(s) to qualify for the commercial bid,

will be returned back by NISCAIR to the authorized representative of the bidder against

a proper receipt or will be sent by the registered post at the mailing address of the bidder

as specified in the bid within 30 days after completion of technical bid evaluation.

The draft of earnest money to the bidder(s), who qualify(s) for the commercial bid, but do

not get the order for the project will be returned back by bidder to the authorized

representative of the bidder against a proper receipt or will be sent by the registered postat the mailing address of the bidder as specified in the bid within one month after signing

of contract agreement between NISCAIR and the successful bidder.

The bid security should be refunded to the successful bidder on receipt of Performance

Security in time.

The EMD may be forfeited:

a. if a Bidder withdraws or modifies or amends its tender or impairs or derogates from its

bid during the bid validity period specified by the NISCAIR in the Bid; or

b. in the case of a successful Bidder, if the Bidder fails;i. To sign the Contract in accordance or

ii. To furnish Bank Guarantee for contract performance.




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5.5 Place of opening of pre-qualification bid

Conference Hall

NISCAIR, Dr. K.S. Krishnan Marg

New Delhi-110012

5.6. Clarification on Tender Document

5.6.1. The bidders would be required to submit their queries to the NISCAIR in writing at the

NISCAIR's mailing address and also at e-mail: [email protected] and as per

schedule indicated in Section I – Invitation for Bids. Queries not submitted within this

deadline may not be taken up. The queries must be submitted in the following format

only to be considered for clarification:

Sr. No. Section No. Clause No. Reference/ Subject Clarification Sought

--- ---- ---- ---- ----

5.6.2. NISCAIR reserves the right not to respond to any/all queries raised or clarifications

sought if, in their opinion and at their sole discretion, they consider that it would be

inappropriate to do so or do not find any merit in it.

5.6.3. Cross checking: NISCAIR reserves the right to contact and verify bidder’s

information, reference as submitted in the bid proposal without further reference to the

bidder.

5.7. Amendment of Tender Document

5.7.1. At any time prior to the uploading the final tender document on website, the NISCAIR,

may, for any reason, whether at its own initiative or in response to a clarification requested

by a prospective agency, modify the Tender Document by an amendment. The amendment

will be notified on NISCAIR’s website www.niscair.res.in and should be taken into

consideration by the prospective agencies while preparing their bids.

5.7.2. In order to provide prospective bidders reasonable time in which to take the

amendment into account in preparing their bids, the NISCAIR may, at its discretion, extend

the last date for the receipt of Bids.

5.7.3. NISCAIR may at any time during the tendering process request the bidder to submitrevised Technical / Commercial Bids and/or Supplementary commercial bids without thereby

incurring any liability to the affected bidder or bidders.




40

5.8. Language of Bids

The Bids prepared by the bidder and all correspondence and documents relating to the bids

exchanged by the bidder and the NISCAIR, shall be written in English language, provided

that any printed literature furnished by the bidder may be written in another language so

long the same is accompanied by an English translation in which case, for purposes of

interpretation of the bid, the English translation shall govern.

5.9. Documents comprising the bids

The bid prepared by the Bidder shall comprise of the following components:

A. Pre qualification Bid

The pre-qualification Bid, besides the other requirements of the Tender, shall comprise of

the followingCompliance sheet

Cover letter

EMD

All documents supporting the pre qualification criteria

Power of Attorney executed by the Bidder in favour of the Principal Officer or the duly

Authorized Representative, certifying him as an authorized signatory for the purpose of

this Tender

B. Technical Bid

The Technical Bid, besides the other requirements of the Tender, shall comprise of the

following:

Technical Bid Letter

General information about the Bidder

Design of the Data Center

Layout plans of various activities

Technical Solution

Specifications of the Physical Components

Specifications of the IT Components

Unpriced BOM

Manpower Details




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C. Commercial Bid

The Commercial Bid, besides the other requirements of the Tender, shall comprise of the

following:

Commercial Bid Letter

Breakdown of Cost Components

5.10. Bid Prices

The Bidder shall indicate in the Proforma prescribed, the unit rates and total Bid Prices

of the equipment / services, it proposes to provide under the Contract. Prices should be

shown separately for each item as detailed in Tender Documents.

In absence of above information, a bid may be considered incomplete and be summarily

rejected.

The Bidder shall prepare the bid based on details provided in the tender documents. Itmust be clearly understood that the Scope of Work is intended to give the Bidder an idea

about the order and magnitude of the work and is not in any way exhaustive and

guaranteed by the NISCAIR. The Bidder shall carry out all the tasks in accordance with

the requirement of the tender documents and it shall be the responsibility of the Bidder

to fully meet all the requirements of the tender documents. If during the course of

execution of the project any changes in the number of items/equipments is required to

be made to meet the goals of the NISCAIR, all such changes shall be carried out within

the current price quoted for that item/equipment by the Bidder. However, the benefit for fall in prices and bulk discount may be passed on to NISCAIR.

5.11. Firm Prices

Prices quoted in the bid must be firm and final and shall not be subject to any upward

modifications, on any account whatsoever. However, the NISCAIR reserves the right to

negotiate the prices quoted in the bid to effect downward modification. The Bid Prices

shall be indicated in Indian Rupees (INR) only.

The Commercial bid should clearly indicate the price to be charged without any

qualifications whatsoever and should include all taxes, duties, fees, levies, works

contract tax and other charges as may be applicable in relation to the activities proposed

to be carried out. It is mandatory that such charges wherever applicable/payable should

be indicated separately in Section X – Format 2: Breakdown of Cost Components.

However, any change in tax structure or Statutory amendment subsequent to




42

submission resulted into any change in taxes, duties shall be borne by NISCAIR. The

firm should quote the tax liability on the date of submission of Financial bid for arriving at

the lowest one.

Prices in any form or by any reason before opening the Commercial Bid should not be

revealed, failing which the offer shall be liable to be rejected. If price change is

envisaged due to any clarification, revised Bid in a separate sealed cover shall be

submitted with prior written permission of the NISCAIR.

5.12 Fraud and Corruption

5.12.1 The NISCAIR requires that bidders, suppliers, and contractors observe the highest

standard of ethics during the procurement and execution of such contracts. In pursuit of

this policy, following are defined:

“Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly,

of anything of value to influence the action of a public official in the procurement process

or in contract execution;

“Fraudulent practice” means a misrepresentation or omission of facts in order to

influence a procurement process or the execution of a contract;

“Collusive practice” means a scheme or arrangement between two or more bidders, with

or without the knowledge of the NISCAIR, designed to establish bid prices at artificial,

noncompetitive levels; and

“Coercive practice” means harming or threatening to harm, directly or indirectly, persons

or their property to influence their participation in the procurement process or affect the

execution of a contract;

5.12.2 The NISCAIR 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 in question

5.13 Bidder Qualification

The "Bidder" as used in the tender documents shall mean the one who has signed the

Tender Form. The Bidder may be either the Principal Officer or his duly Authorized

Representative, in either cases he/she shall submit a certificate of authority. All

certificates and documents (including any clarifications sought and any subsequent

correspondences) received hereby, shall, as far as possible, be furnished and signed by

authorized representative or the principal as the case may be.




43

It is further clarified that the individual signing the tender or other documents in

connection with the tender must certify whether he/she signs as the Constituted attorney

of the firm, or a company.

The authorization shall be indicated by written power-of-attorney accompanying the bid.

The power or authorization and any other document consisting of adequate proof of the

ability of the signatory to bind the Bidder shall be annexed to the bid.

Any change in the Principal Officer shall be intimated to NISCAIR in advance.

5.14 Period of Validity of Bids

Bids shall remain valid for 180 days after the date of opening of Technical Bids

prescribed by the NISCAIR. A bid valid for a shorter period may be rejected as non-

responsive.

In exceptional circumstances, the NISCAIR may request the Bidder(s) for an extension

of the period of validity. The request and the responses thereto shall be made in writing

(or by fax). The validity of EMD shall also be suitably extended.

5.15. Local / Site Conditions

It will be incumbent upon each Bidder to fully acquaint himself with the local conditions

and other relevant factors at the proposed Data Centre site which would have any effect

on the performance of the contract and / or the cost.

The Bidder is expected to make a site visit on its own cost to the proposed Data Centre

facility to obtain for himself on his own responsibility all information that may be

necessary for preparing the bid and entering into contract.

Failure to obtain the information necessary for preparing the bid and/or failure to perform

activities that may be necessary for the providing services before entering into contract

will in no way relieve the successful Bidder from performing any work in accordance with

the Tender documents.

It will be imperative for each Bidder to fully inform themselves of all legal conditions and

factors which may have any effect on the execution of the contract as described in the

bidding documents. The NISCAIR shall not entertain any request for clarification from

the Bidder regarding such conditions.

It is the responsibility of the Bidder that such factors have properly been investigated and

considered while submitting the bid proposals and that no claim whatsoever including

those for financial adjustment to the contract awarded under the bidding documents will

be entertained by the NISCAIR and that neither any change in the time schedule of the




44

contract nor any financial adjustments arising thereof shall be permitted by the NISCAIR

on account of failure of the Bidder to appraise themselves of local laws and site

conditions.

5.16. Consortium

Consortium is not allowed.

5.17. Sub-Contracting of Scope of Work activities

5.17.1. In case of subcontracting of Non-IT components the successful bidder shall be

solely responsible to ensure compliance of all obligations/responsibilities/SLA under the

contract

5.18. Sealing and Marking of Bids

5.18. 1. The Bidder shall seal and mark the bid strictly in accordance with Clause 1.

5.19. Last Date for Receipt of Bids

5.19.1. Bids will be received by the NISCAIR at the address specified under Clause 1.3

of Section I -Invitation for Bids no later than the time and date specified in Clause 1.3 of

Section I - Invitation for Bids. In the event of the specified date for the receipt of Bids

being declared a holiday for the NISCAIR, the Bids will be received up to the appointed

time on the next working day.

5.19.2. The NISCAIR may, at its discretion, extend the last date for the receipt of bids by

amending the Tender Document, in which case all rights and obligations of the NISCAIR

and Bidders previously subject to the last date will thereafter be subject to the last date

as extended.

5.20. Late Bids

Any bid received by the NISCAIR after the prescribed date and time for receipt of bids

prescribed by the NISCAIR, pursuant to Clause 1.3 of Section I - Invitation for Bids, will

be rejected

5.21. Modification and Withdrawal of Bids

The Bidder may modify or withdraw its bid after the bid's submission, provided that

written notice of the modification or withdrawal is received by the NISCAIR prior to the

last date prescribed for receipt of bids .

No bid may be altered / modified subsequent to the closing time and date for receipt of

bids. Unsolicited correspondences from Bidders will not be considered.




45

No bid may be withdrawn in the interval between the last date for receipt of bids and the

expiry of the bid validity period specified by the Bidder in the Bid. Withdrawal of a bid

during this interval may result in the Bidder’s forfeiture of its EMD.

5.22. Address for Correspondence

The Bidder shall designate the official mailing address, place and fax number to which

all correspondence shall be sent by the NISCAIR.

5.23. Contacting the NISCAIR

5.23.1. No Bidder shall contact the NISCAIR on any matter relating to its bid, from the

time of the bid opening to the time the Contract is awarded.

5.23.2. Any effort by a Bidder to influence the NISCAIR’s bid evaluation, bid

comparison or contract award decisions may result in the rejection of the Bidder’s bid.

5.24. Opening of Technical Bids by NISCAIR

The NISCAIR will convene a bid opening session on 17 /02/2011 at 2:30 pm . where one

representative from the agency, who has successfully submitted the bid, can participate.

NISCAIR will open the Technical Bid, in the presence of the representatives of the

Bidders who choose to attend, at the time, date and place, as mentioned in Invitation for

Bids / Important Dates.

An evaluation committee will be formed for evaluation of the bids. Decision of the

committee would be final and binding upon all the Bidders.

The Bidder’s names, modifications, bid withdrawals and the presence or absence of the

requisite EMD and such other details considered appropriate will be announced at the

bid opening.

Conditional tenders shall not be accepted.

5.25. Evaluation of Bids

The selected Bidders must possess the requisite experience, strength and capabilities in

providing the services necessary to meet the NISCAIR’s requirements, as described in

the Tender Documents. The Bidder must possess the technical know-how that would be

required to successfully provide Data Centre and support services sought by the

NISCAIR, for the entire period of the contract.

The evaluation process of the tender proposed to be adopted by the NISCAIR is

indicated under this clause. The purpose of this clause is only to provide the Bidders an

idea of the evaluation process that the NISCAIR may adopt. However, the NISCAIR

reserves the right to modify the evaluation process at any time during the Tender




46

process, without assigning any reason, whatsoever, and without any requirement of

intimating the Bidder of any such change.

5.26 Preliminary Examination

The NISCAIR will examine the bids to determine whether they are complete, whether the

bid format confirms to the Tender requirements, whether any computational errors have

been made, whether required EMD & Tender Fee has been furnished, whether the

documents have been properly signed, and whether the bids are generally in order as

per the checklist specified.

A bid determined as not substantially responsive will be rejected by the NISCAIR and

may not subsequently be made responsive by the Bidder by correction of the

nonconformity.

5.27 Clarification

When deemed necessary, during the tendering process, the NISCAIR may seek

clarifications or ask the Bidder to make Technical presentations on any aspect from any

or all the Bidder.

5.28 Evaluation of Eligibility Criteria



In this part, the technical bid will be reviewed for determining the Compliance of the

response to the Eligibility Criteria as mentioned in the Tender.

The bidder must possess the requisite experience, strength and capabilities in providing

the services necessary to meet the requirements, as described in the tender document.

The bidder must also possess the technical knowhow and the financial wherewithal that

would be required to successfully provide the data center and support services sought

by NISCAIR for the entire period of the contract. The bids must be complete in all

respects and should cover the entire scope of work as stipulated in the tender document.

Before opening and evaluation of their technical proposals, bidders are expected to meet

eligibility criteria as mentioned in Section II-Eligibility Criteria.

Bidders failing to meet these criteria or not submitting requisite supporting

documents/documentary evidence for supporting eligibility criteria are liable to be

rejected summarily and will not qualify for technical evaluation.

5.29. Evaluation of Technical Bids






47

In this part, the technical bid will first be reviewed for determining the Compliance of the

Technical bids with the Tender terms and conditions.

The following criteria shall be used to evaluate the technical bids. All the bids scoring

70 points and above in the technical evaluation will be qualified for commercial bid

opening:

S. No. Description Weightage Schedule tobe filled fromSection 5.30(Provideinformation

A .Organizational Strength 30 Marks

Experience in number of years

1 Bidder’s experience in setting-up Data centers inIndia, quantified in terms of number of years willbe evaluated. Setting-up Data Centers wouldmean where the bidder has procured, installedand commissioned all IT and Non-ITcomponents of the data center.

Data centers with minimum 500 sq. ft. (server farm area) shall qualify.

Bidder with maximum years of experience(maximum capped to 6 years) shall be awardedfull 4 marks and the others shall be awardedmarks on relative (prorata) basis.

4 Marks Schedule A

2 Bidder’s experience in providing Facilitymanagement services to data centers in India,quantified in terms of number of years will beevaluated. Facility Management would meanwhere the bidder has provided operations /maintenance services for IT & Non-ITcomponents of the data center.

Data centers with minimum 500 sqft (server farm area) shall qualify.

Bidder with maximum years of experience(maximum capped to 6 years) shall be awardedfull 3 marks and the others shall be awardedmarks on relative (prorata) basis

3 Marks Schedule B

3. Bidder’s experience in System Integration of ITcomponents in India, quantified in terms of

3 Marks Schedule C




48

number of years will be evaluated. SystemIntegration would mean where the bidder hasundertaken Supply, Installation &Commissioning of IT Components.

System Integration of IT components with anorder value more than 5 Crores shall beconsidered.

Bidder with maximum years of SI experience(maximum capped to 6 years) shall be awardedfull 3 marks and the others shall be awardedmarks on relative (prorata) basis.

Experience in number of projects

4 Bidder’s experience in setting-up Data centers inIndia quantified in terms of number of projectsexecuted will be evaluated. Setting-up DataCenters (minimum two) would mean where thebidder has procured, installed andcommissioned all IT and Non-IT components of the data center

Data center with minimum 500sqft (server farmarea) shall qualify.

Bidder with maximum no. of projects (capped to6 nos.) shall be awarded full 4 marks and theothers shall be awarded marks on relative(prorata) basis.

4 Marks Schedule D

5 Bidder’s experience in providing Facilitymanagement services to data centers in India,quantified in terms of number of projectsexecuted. Facility Management would meanwhere the bidder has providedoperations/maintenance services towards IT &Non-IT components of the data center.

Data center with minimum 500 sqft (server farmarea) shall qualify.

Bidder with maximum no. of projects (capped to

6 nos.) shall be awarded full 3 marks and theothers shall be awarded marks on relative(prorata) basis.

3 Marks Schedule E

6 Bidder’s experience in System Integration of ITcomponents quantified in terms of number of projects in India will be evaluated. SystemIntegration would mean where the bidder has

3 Marks Schedule F




49

undertaken Supply, Installation &Commissioning of IT Components

System Integration of order value more than 5Crores shall be considered.

Bidder with maximum no. of projects (capped to6 nos.) shall be awarded full 3 marks and the

others shall be awarded marks on relative(prorata) basis.

7.

Data centers that the bidder has set-up or isoperating / managing with ISO 27001certification will be considered for evaluationunder this clause.

Bidder with maximum number of such datacenters. (capped to 3 nos.) shall be awarded full3 marks and the others shall be awarded markson relative (prorata) basis.

3 Marks Schedule G

Financial Strength

8. Turn over of the company for the last financialyear ending 31st March 2010> Rs. 300 crores = 3 marks> Rs. 200 crores =< Rs 300 crores = 2 marks;> Rs. 100 crores =< Rs 200 crores = 1 mark

3 Marks Schedule H

Manpower Related

9. Number of resources employed with the bidder having certified Data center professional(CDCP). Bidder with maximum certifiedresources (capped to 8 nos.) shall be awardedfull 2 marks and the others shall be awardedmarks on relative (prorata) basis.

2 Marks Schedule I

10. Number of resources employed with the bidder having valid ITIL certificationBidder with maximum certified resources(capped to 8 nos.) shall be awarded full 2 marks

and the others shall be awarded marks onrelative (prorata) basis

2 Marks Schedule J




50

B. Technical Specifications 70 Marks

1. Design & Architecture 40 Marks Schedule K

Following components have been included for

evaluation. For each component a schedule has beenenclosed which the bidder has to fill: 1. Design and Architecture 8.0 Schedule K.1

2. Power Requirement 4.8 Schedule K.2

3. PAC 2.0 Schedule K.3

4. Fire Prevention 3.2 Schedule K.4

5. SAN 4.8 Schedule K.5

6. Backup 3.2 Schedule K.6

7. LAN 2.0 Schedule K.7

8. WAN 0.8 Schedule K.8

9. Physical Security 3.2 Schedule K.9

10. Logical Security 4.8 Schedule K.10

11. EMS 3.2 Schedule K.11

2. Product Compliance 25 Marks Schedule L

For each BOM component as specified in theSchedule L the bidder will provide the compliance status,deviations (as negative impact) will not be allowed and the bidwill be rejected, value addition provided and impact of valueaddition (considered as positive impact) will be allowed.

Product compliance will get 90% of the marksattributed to that component. For each value addition 10% of the marks attributed to the component shall be added. (Note:The overall marks shall be restricted to the maximum allowedunder that component head irrespective of the positive impact)

Note: Evaluation committee has the sole right to accept thevalue addition and consider the same for positive impact.

3. Power Consumption 5 Marks Schedule M

The whole solution of the bidder shall be evaluated withregard to the total power requirements in terms of peakpower requirement. The bidder shall provide Equipmentwise peak power consumption of all the proposed




51

equipments in a tabulated manner along with the un-priced BOM submitted with the technical bids.

The total peak power consumption of respective bids shallbe compared for evaluation. The bidder with least peakpower consumption shall be awarded full 5 marks and theother bidders shall be awarded marks on relative (prorate)

basis

5.30: Schedules for Technical Evaluation Criteria

Schedule ACriteria Year of

issue of workorder

TotalNumber of years(calculatedup to 31-12-2010)

Nameof Client

Area of Server farm

Evidence for year of issue.Page no.where thework order isprovided

Evidence for server farmarea. Page no.where theclienttestimonial isprovided

Bidder’s experience in setting-upData centers in India, quantifiedin terms of number of years willbe evaluated. Setting-up DataCenters would mean where thebidder has procured, installed andcommissioned all IT and Non-ITcomponents of the data center Data centers with minimum 500sqft (server farm area) shallqualify.

Bidder with maximum years of experience (maximum capped to

6 years) shall be awarded full 4marks and the others shall beawarded marks on relative(prorata) basis.

Schedule BCriteria Year of

issue of workorder

TotalNumber of years(calculatedup to 31-

12-2010)

Nameof Client

Area of Server farm

Evidence for year of issue. Pageno. wherethe work

order isprovided

Evidence for server farmarea. Page no.where theclient

testimonial isprovided Bidder’s experience in providingFacility management services todata centers in India, quantified interms of number of years will beevaluated. Facility Managementwould mean where the bidder hasprovided operations / maintenanceservices for IT & Non-IT




52

components of the data center.

Data centers with minimum 500 sqft(server farm area) shall qualify.

Bidder with maximum years of experience (maximum capped to 6

years) shall be awarded full 3 marksand the others shall be awardedmarks on relative (prorata) basis

Schedule C

Criteria Year of issue of workorder

TotalNumber of years(calculatedup to 31-12-2010)

Nameof Client

Area of Server farm

Evidence for year of issue.Page no.where thework order isprovided

Evidence for server farmarea. Page no.where theclienttestimonial isprovided

Bidder’s experience in SystemIntegration of IT components inIndia, quantified in terms of number of years will be evaluated. SystemIntegration would mean where thebidder has undertaken Supply,Installation & Commissioning of ITComponents System Integration of IT components with an order valuemore than 5 Crores shall beconsidered. Bidder with maximumyears of SI experience (maximumcapped to 6 years) shall beawarded full 3 marks and the othersshall be awarded marks on relative(prorata) basis.

Schedule D

Criteria Sl.No. Name of Client

Area of Server farm

Page no. wherethe work order is provided

Evidence for server farm area.Page number

Bidder’s experience in setting-up Data centers (minimumtwo) in India quantified in termsof number of projects executedwill be evaluated. Setting-upData Centers would meanwhere the bidder has procured,installed and commissioned allIT and Non-IT components of the data center

Data center with minimum

1

2

3

4




53

500sqft (server farm area)shall qualify.

Bidder with maximum no. of projects (capped to 6 nos.)shall be awarded full 4 marks

and the others shall beawarded marks on relative(prorata) basis.

5

6

Schedule E


Area of Server farm

Page no. wherethe work order is provided

Evidence for server farm area.Page number

Bidder’s experience in providingFacility management services to

data centers in India, quantified interms of number of projectsexecuted. Facility Managementwould mean where the bidder hasprovided operations/ maintenanceservices towards IT & Non-ITcomponents of the data center.

Data center with minimum 500sqft(server farm area) shall qualify.

Bidder with maximum no. of projects (capped to 6 nos.) shallbe awarded full 3 marks and the

others shall be awarded marks onrelative (prorata) basis.

1

2

3

4

5

6

Schedule F


Area of Server farm

Page no.where thework order isprovided

Evidence for server farmarea. Pagenumber

Bidder’s experience in SystemIntegration of IT componentsquantified in terms of number of projects in India will beevaluated. System Integrationwould mean where the bidder has undertaken Supply,Installation & Commissioning

1

2

3




55

employed with the bidder having certification as Datacenter professional (CDCP).

Bidder with maximum certifiedresources (capped to 8 nos.)shall be awarded full 2 marksand the others shall beawarded marks on relative(prorata) basis.

2

3

4

5

6

7

8

Schedule JCriteria Sl.No. Name of

ResourcePage no. wherethe copy of certificate isenclosed

Undertaking that theresources arecurrently employed bythe Company

Number of resourcesemployed with the bidder having valid ITIL certification

Bidder with maximum certifiedresources (capped to 8 nos.)shall be awarded full 2 marks

and the others shall beawarded marks on relative(prorata) basis.

1

2

3

4

5

6

7

8

Schedule K: Design and Architecture

(The total marks allocated for this criteria are 45, however since the number of items to be

evaluated is large hence the marks have been scaled up by 10 for evaluation and then adjusted

to the maximum marks available proportionately).

Technical Solution OfferedDesign andArchitecture %

Max marksout of 400

Max marksout of 40

1. Design and Architecture 20 80 8.0

2. Power Requirement 12 48 4.8




56

3. PAC 5 20 2.0

4. Fire Prevention 8 32 3.2

5. SAN 12 48 4.8

6. Backup 8 32 3.2

7. LAN 5 20 2.0

8. WAN 2 08 0.8

9. Physical Security 8 32 3.2

10. Logical Security 12 48 4.8

11. EMS 8 32 3.2

Schedule K.1: Design and Architecture

Marks Data Center Design & Architecture Criteria Providerequired

information

Page number where thedetails areprovided

20 Marks

20 Marks

20 Marks

Detailed layout proposed by the bidder for the sitedesignated for the Data Center will be evaluated for adequacy of design with respect to achieving better utilization of space.

The design accommodating maximum number of 36U Racks in between the beams and utilizedavailable height without compromising other designconsiderations will get the maximum marks andothers will be given on prorate basis.

The solution of the bidder for false ceiling and raisedflooring with respect to the available height in server farm area without compromising the efficiency will beevaluated.

The solution of the bidder for optimal utilization of available floor space to accommodate NOC Room,Conference Room, Staff cabins, Accessories Roomand Staging Area in available space withoutcompromising the efficiency will be evaluated.

Total number of Racks proposed <to be filled by

bidder >




57

Schedule K.2: Power Requirement

Marks Topic Criteria Providerequired

information

Pagenumber where thedetails areprovided

24 UPS Proposed back-up time for full load operation(Minimum requirement = 20 minutes)Efficiency of UPS running at partial loadNoise level generated by UPS (Maximum 72DBA measure 1 meter away)Compliance with Standards like IEC, EN,TU/GS(European), VDE (German)

Best proposal shall be awarded full marks andthe other bidders shall be awarded marks onrelative (prorate) basis

24 DG Set How quickly DG sets come on-lineautomatically after AC mains failure?(Minimum requirement - 30 seconds)Diesel consumption/hour on full load (160KVA).

Best proposal shall be awarded full marks andthe other bidders shall be awarded marks onrelative (prorate) basis

Schedule K.3: Precision Air ConditioningMarks Topic Criteria Provide required

informationPagenumber where thedetails areprovided

5 Space The space requirement for indoor units willbe evaluated.The bidder who proposes minimum spacerequirement be considered for maximummarks and the rest will be given marks onpro rata.

Total spaceprovisioned for indoor units

__________ sqft. < to be filledby bidder >

5 The space requirement for outdoor units willbe evaluated.The bidder who proposes minimum spacerequirement be considered for maximummarks and the rest will be given marks onpro rata.

Total spaceprovisioned for outdoor units


5 Power requirement

The solution will be evaluated with respectrequirement of power per TR.

Proposed power inKVA-




58

per TR The bidder who proposes minimum power per TR will be considered for maximummarks and the rest will be given marks onpro rata

_____ requiredper TR. < to befilled by bidder >

5 PAC The solution design for expansion of PAC

capacity in TR will be evaluated.The bidder who proposes maximumexpansion capacity will be considered for maximum marks and the rest will be givenmarks on pro rata.

Proposed

expansioncapacity within theunit

____________ TR. < to befilled by bidder >

Schedule K.4: Fire Prevention

Marks Topic Criteria Provide requiredinformation


16 FireDetection

For maximum marks consideration will begiven to the following:1) Compliance of the solution proposed toNFPA 75 (Standard for protection of ITeqipment)2) Compliance of the solution proposed toTIA 942 (TelecommunicationsInfrastructure Standard for Data Centers)3) The solution proposed should offer acombination of ionization and

photoelectric smoke detectors.4) The capability of the proposed solutionto have different threshholds andsenstivity settings for detection for different areas / partitions of the DataCenter.5) Vendors providing Very Early SmokeDetection Apparatus (VESDA).

Total spaceprovisioned for indoor units


16 FireSuppression

The space requirement for outdoor unitswill be evaluated.The bidder who proposes minimum spacerequirement be considered for maximummarks and the rest will be given marks onpro rata.

Total spaceprovisioned for outdoor units

__________sqft.<to be filled bybidder >




59

Schedule K.5: Storage Solution (SAN)



16 Performance The proposed SAN model will beevaluated with respect to the IOPSratings.The bidder with maximum IOPS ratingswill be considered for maximum marksand the rest will be given marks on prorata.

Make_________ Model________ IOPS rating

________< to befilled by bidder >

16 MaximumRaw Capacity

The proposed SAN model will beevaluated with respect to maximum rawcapacity that can be populated.

The bidder with maximum raw capacitywill be considered for maximum marksand the rest will be given marks on prorata.

Maximum RawCapacity

__________TB <

to be filled bybidder >

16 Maximumcachecapacity

The proposed SAN model will beevaluated with respect to the maximumcache supported in a single enclosureThe bidder with maximum cachesupported in a single enclosure will beconsidered for maximum marks and therest will be given marks on pro rata.

Maximum cachesupported in asingle enclosure

__________ GB <to be filled bybidder >

Schedule K.6: Backup SolutionMarks Topic Criteria Provide required

informationPagenumber where thedetails areprovided

10 System/Firmware support The proposed backup solution will be

evaluated with respect to the systemupgrade/firmware update.The bidder with no downtime will beconsidered for maximum marks and the

rest will be given marks on pro rata.

Minimum Timerequired for system upgrade/firmware updates

__________ min< to be filled by

bidder >10 Tape Library

scalabilityThe proposed Tape library will beevaluated with respect to the max no. of drive supported in a single library.The bidder with maximum drives in asingle library will be considered for maximum marks and the rest will begiven marks on pro rata.

Make_________ Model________ Drives supported

________< to befilled by bidder >




61

access cards. The bidder at a minimumshould propose one Bio-metric device for each entry gate into the server farm areaand access control cards for all ingressand outgress (including server farm). In

addition the bidder will at a minimumprovide option for Emergency Exit (BreakGlass etc)For maximum marks consideration will begiven to the following:1) Detailed logging (audit trail) of Entry

and Exit details.2) Integration with BMS (Building

Management System)3) Alarms for unsuccessful attempts

(configurable)4) Ability of the access control

mechanism to support time boundaccess (Access not allowed after expiration date & time)

5) Time allowed for ingress / outgressafter successful validation should beconfigurable.

6) Different levels of access allowedusing the Access Control System e.g.

Access to Reception area only insideData Center or access to Server Staging Area as well.)

7) Ability of the Access Control Systemto provide reports on cards currentlyactive, disabled or deleted etc)

8) For Biometric Access Control FIPS201 Compliance and havingIdentification Time: < 2 seconds,False Acceptance Rate (FAR): 0.2%,False Rejection Rate (FRR): 1.0%The rest will be given marks on prorata.

Number of cameras providedwith layoutdiagrams insupport.< to be

filled by bidder >

Schedule K.10: Logical Security

Marks Topic Criteria Provide requiredinformation Pagenumber where thedetails areprovided

16 Redundancy The proposed Logical security solutionwill be evaluated with respect to the levelof redundancy proposed.

The bidder with redundancy at all the

Security Architectureshowingredundancy in theproposed security




62

logical layers/levels will be considered for maximum marks and the rest will be givenmarks on pro rata.

devices in support.<to be filled bybidder >

16 Firewall(External)

The proposed firewall will be evaluatedwith respect to the ability of handlingdifferent network segments.

The bidder with maximum handling of different network segment will beconsidered for maximum marks and therest will be given marks on pro rata.

Make__________ Model__________ Total number of

different networksegmentsupported< to be filled bybidder >

16 IntrusionPrevention

The proposed Intrusion Preventionsystem will be evaluated with respect tothe maximum throughput.

The bidder with maximum throughput willbe considered for maximum marks andthe rest will be given marks on pro rata

Make__________ Model__________ Maximumthroughput <to befilled by bidder >

Schedule K.11: EMS


Page number where thedetails areprovided

12 EMShardwareSizing

The proposed EMS solution will beevaluated with respect to the EMShardware sizing considering 5 years of DC operations.

The bidder should provision the serverswith adequate capacity over and above

the anticipated load. Bidder withmaximum capacity will be considered for maximum marks and the rest will be givenmarks on pro rata.

A certificate fromOEM certifying theadditional capacityover and abovethe anticipatedload. < to be filledby bidder >

12 EMS Architecture

The proposed EMS solution will beevaluated with respect to the number of devices supported.

Maximum marks shall be awarded tobidders who have proposed EMSlicenses/ agents to cover complete SDCinfrastructure and the rest will be given

marks on pro –rata

Number of Networkmanagementlicensesproposed______ Number of server agentsproposed______

Number of applicationsagentsproposed______

8 EMS ITILv3Compliance

The proposed EMS solution will beevaluated with respect to the compliancewith ITIL V3 Life Cycle Approach.

The bidder with ITIL V3 compliance thatare ITIL certified and verified by

Details of certification______

___




63

independent third party evaluators will beconsidered for maximum marks andothers without certification will be givenno marks

Schedule L: Product Compliance: Bill of Material Scale up and down by

a factor of 10. Totalmarks available 25,

scaled up to 250

Compliancewith RFP

specifications(Yes/Partial/N

o)

Value additionprovided

Impact of valueaddition on performance /Scalability/Availability

ITInfrastructure

% 250 25 Positive Impact

Internet Router 10 1

Firewall 12.5 1.25

HIPS 7.5 0.75

IPS 7.5 0.75

Anti-virusSoftware

7.5 0.75

CoreSwitches

12.5 1.25

App Switches 5.0 0.5

KVM Switch,LCD Monitor,Keyboard

5.0 0.5

LAN PassiveComponents

5.0 0.5

SecurityManagementSystem

10 1

EnterpriseManagementSystem

10 1

ApplicationServer

12.5 1.25

DB Server 12.5 1.25

Web Server 12.5 1.25

SAN Storage 12.5 1.25

SAN Switches 5.0 0.5

Tape Library 5.0 0.5

Server LoadBalancer

10 1




64

ManagementServer

12.5 1.25

EnterpriseBackup server

5.0 0.5

Staging Server 5.0 0.5

Racks 5.0 0.5

BackupSoftware

5.0 0.5

HVAC 5.0 0.5

FireSuppressionand Detection

7.5 0.75

ElectricalWorks

5.0 0.5

DG Set 10 1

UPS 7.5 0.75

Access Controland CCTV

5.0 0.5

BMS 7.5 0.75

Public AddressSystem

2.5 0.25

Water Leakdetection andHSSD

5.0 0.5

Schedule M: Power ConsumptionCriteria

The whole solution of the bidder shall be evaluated with regard to the total power requirements interms of peak power requirement. The bidder shall provide Equipment wise peak power consumption of all the proposed equipments in a tabulated manner along with the un-priced BOMsubmitted with the technical bids. The total peak power consumption of respective bids shall becompared for evaluation. The bidder with least peak power consumption shall be awarded fullmarks and the other bidders shall be awarded marks on relative (prorate) basisSr.No. Component

(a)OEM

(b)Per Unit Peak

Power Consumption

( c )

Number of Units

(d)

Total Peakpower

consumptionper component

(c x d)

Brochure/DataSheet where

the details areprovided

Cooling Solution*1 PAC2 AC

Compute Components*1 ServersNetworking Components*1 Router




65

2 Firewall3 IPS4 Core Switch5 Access Switch

Storage Components

*1 SAN Storage2 SAN Switch3 Tape Library

Total Peak Power Consumption considered for evaluation(Please note that If there is any component which the bidder hasmissed out against each category then the Peak Power load of the bid with highest peak power load against this componentshall be considered and if there are more than one missingcomponents in the bid then it will be considered at par with thehighest total peak power consumption bid and technical scoreshall be given accordingly)




66

General Conditions of Contract SECTION - VI




68

3. This Contract shall prevail over all other Contract documents. In the event of any discrepancy

or inconsistency within the Contract documents, then the documents shall prevail in the order

listed above.

4. In consideration of the payments to be made by the NISCAIR to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with the NISCAIR to provide the Goods and Services

and to remedy defects therein in conformity in all respects with the provisions of the Contract.

5. The NISCAIR hereby covenants to pay the Supplier in consideration of the provision of the

Goods and Services and the remedying of defects therein, the Contract Price or such other sum

as may become payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with the laws of Union of India on the day, month and year indicated above.

For and on behalf of the Council of Scientific & Industrial Research Signed: [insert signature]

in the capacity of [ insert title or other appropriate designation ]

in the presence of [insert identification of official witness]

Signed: [insert signature]


in the presence of [insert identification of official witness]

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier]


in the presence of [ insert identification of official witness]

6.1 Definitions

In this Contract, the following terms shall be interpreted as indicated:

(i) “The Contract” means the agreement entered into between the NISCAIR and the

Vendor as recorded in the Contract Form signed by the parties, including all the attachments

and appendices thereto and all documents incorporated by reference therein;

(ii) “The Contract Price” means the price payable to the Vendor under the Contract for the

full and proper performance of its contractual obligations;

(iii) “The Goods” means benchmarked fully functional equipment(s) and/or product(s) along

with all manuals and/or other material(s), which the Vendor is required to supply, install,




69

commission and maintain, integrate, train and facilities management for the NISCAIR under

the Contract;

(iv) “The Services” means those services ancillary to the supply of the Goods, such as

transportation and insurance, and any other incidental services, such as installation,commissioning, maintenance, provision of technical assistance, training, facilities

management and other obligations of the Supplier covered under the Contract;

(v) “The NISCAIR” means the organization purchasing the equipment and/or product, i.e.,

National Institute of Science Communication & Information Resources. It means and

includes an officer who is authorized on behalf of the Director, National Institute of Science

Communication & Information Resources, Dr K. S. Krishnnan Marg, New Delhi – 110 0022.

(vi) “The Vendor” means the firm(s) supplying the equipment/product and services under this Contract;

(vii) “The Site” means the NISCAIR, Dr. K.S. Krishnan Marg, New Delhi-110012

(viii) “Day” means calendar day.

(ix) “Business Day” means any day that is not a Sunday or a public holiday (as per the

official holidays observed by NISCAIR;

(x) “Confidential Information” means any information disclosed to or by any Party to thisContract and includes any information in relation to the Parties, a third party or any

information with regard to any taxpayer, or any other person who is covered within the ambit

of any commercial taxes legislation including any such information that may come to the

knowledge of the Parties hereto / Bidder’s Team by virtue of this Contract that:

is by its nature confidential or by the circumstances in which it is disclosed confidential;

or

is designated by the disclosing Party as confidential or identified in terms connoting its

confidentiality;but does not include information which is or becomes public knowledge

other than by a breach of this Contract;

(xi) “Implementation Agency’s Representative” means the person or the persons

appointed by the Bidder from time to time to act on its behalf for overall co-ordination,

supervision and project management.




70

(xii)“Commissioning of Data Center” means the Data Center site preparation, supply and

installation of the required Physical & IT components, making the site available to

NISCAIR for carrying out live Operations and getting the acceptance of the same from

the NISCAIR;

(xiii) “Effective Date” means the date on which this Contract is signed and executed by the

parties hereto. If this Contract is executed in parts, then the date on which the last of

such Contracts is executed shall be construed to be the Effective Date;

(ix) “Kick Off Meeting” means a meeting convened by the NISCAIR to discuss and finalize

the work execution plan and procedures with Implementation Agency;

(x) “Data Center Operator Team” means the successful Bidder who has to provide

services to the NISCAIR under the scope of this Tender / Contract or personnel

employed or engaged either directly or indirectly by the Bidder for the purposes of the

Contract.

(xi) “Parties” means the NISCAIR and the Bidder and “Party” means either of the Parties;

(xii) “Site” means the Data Centre space, NOC Area, Staging Area, and other allied areas

at NISCAIR, Dr. K.S. Krishnan Marg, New Delhi-110012 as approved by the NISCAIR

for the purposes of the contract.

6.2 Interpretation

In this Contract unless a contrary intention is evident:

the clause headings are for convenient reference only and do not form part of thisContract;

unless otherwise specified a reference to a clause number is a reference to all of its sub-

clauses;

unless otherwise specified a reference to a clause, sub-clause or section is a reference

to a clause, sub-clause or section of this Contract including any amendments or

modifications to the same from time to time;

a word in the singular includes the plural and a word in the plural includes the singular;

a word importing a gender includes any other gender;a reference to a person includes a partnership and a body corporate;

a reference to legislation includes legislation repealing, replacing or amending that

legislation;

where a word or phrase is given a particular meaning it includes the appropriate

grammatical forms of that word or phrase which have corresponding meanings.




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in the event of an inconsistency between the terms of this Contract and the Tender and

the Bid, the terms hereof shall prevail.

6.3 Conditions Precedent

This Contract is subject to the fulfillment of the following conditions precedent by the

Implementation Agency.

Furnishing of an unconditional and irrevocable and continuing Bank Guarantee for

Contract Performance of the sum equivalent to 10% of the total contract value, in a

form and manner acceptable to the NISCAIR (Refer Clause 6.7) which would

remain valid until such time and be renewable as may be stipulated by the

NISCAIR.

Execution of a Deed of Indemnity in terms of Clause 6.20 of this Contract

Obtaining of all statutory and other approvals required for the performance of the

Services under this Contract

6.4. Representations & Warranties

In order to induce the NISCAIR to enter into this Contract, the Bidder hereby represents and

warrants as of the date hereof, which representations and warranties shall survive the term

and termination hereof, the following:

That the Bidder has the requisite experience in providing Data Centre site preparation

and maintenance services, the technical know-how and the financial wherewithal, the

power and the authority that would be required to successfully provide the Services

sought by the NISCAIR, for the purposes of this Contract.

That the Bidder is not involved in any major litigation or legal proceedings, pending,

existing, and potential or threatened, that may have an impact of affecting or

compromising the performance or delivery of Services under this Contract.

That the representations and warranties made by the Bidder in the bid or will be made in

this contract are and shall continue to remain true and fulfil all the requirements as are

necessary for executing the obligations and responsibilities as laid down in the Contract

and the Tender and unless the NISCAIR specifies to the contrary, the Bidder shall be

bound by all the terms of the Bid and the contract through the term of the contract.

That the Bidder has the professional skills, personnel and resources/authorizations that

are necessary for providing all such services as are necessary to fulfil the Scope of Work

stipulated in the Tender and this Contract.




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That there shall not be any privilege, claim or assertion made by a third party with

respect to right or interest in, ownership, mortgage or disposal of any asset, property,

movable or immovable as mentioned in any Intellectual Property Rights, licenses and

permits.

That the Bidder shall use such assets of the NISCAIR as the NISCAIR may permit for

the sole purpose of execution of its obligations under the terms of the Bid, Tender or this

Contract. The Bidder 0shall however, have no claim to any right, title, lien or other

interest in any such property, and any possession of property for any duration

whatsoever shall not create any right in equity or otherwise, merely by fact of such use

or possession during or after the term hereof.

NISCAIR would sign any EULA requried by the OEM/ third party owner of

products/software. Bidder will purchase softwares/licences as mentioned in the RFP in

the name of NISCAIR. Other SW/licences not mentioned in the RFP will be provided by

NISCAIR

That the execution of the Services and the Scope of work herein are and shall be in

accordance and in compliance with all applicable laws.

That all conditions precedent under the Contract has been satisfied.

That neither the execution and delivery by the Bidder of the Contract nor the

Implementation Agency’s compliance with or performance of the terms and provisions of

the Contract:

will contravene any provision of any Applicable Law or any order, writ, injunction or

decree of any court or Governmental Authority binding on the Implementation

Agency,

will conflict or be inconsistent with or result in any breach of any or the terms,

covenants, conditions or provisions of, or constitute a default under any Contract,

Contract or instrument to which the Bidder is a party or by which it or any of its

property or assets is bound or to which it may be subject or

will violate any provision of the Memorandum and Articles of Association of the


That the Bidder certifies that all registrations, recordings, filings and notarizations of the

Contract and all payments of any tax or duty, including without limitation stamp duty,

registration charges or similar amounts which are required to be effected or made by the

Bidder which is necessary to ensure the legality, validity, enforceability or admissibility in

evidence of the Contract have been made.




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That the Bidder owns, has license to use or otherwise has the right to use, free of any

pending or threatened liens or other security or other interests all its Intellectual Property

Rights, which are required or desirable for performance of its services under this

contract and regarding the same the Bidder does not, so far as the Bidder is aware, in

carrying on its business and operations, infringe any Intellectual Property Rights of any

person. So far as the Bidder is aware, none of the Intellectual Property Rights, owned or

enjoyed by the Bidder or which the Bidder is licensed to use, which are material in the

context of Implementation Agency’s business and operations for the performance of this

contract are being infringed nor, so far as the Bidder is aware, is there any infringement

or threatened infringement of those Intellectual Property Rights licensed or provided to

the Bidder by any person. All Intellectual Property Rights (owned by the Bidder or which

the Bidder is licensed to use) required by the Bidder for the performance of the contract

are valid and subsisting. All actions (including registration, payment of all registration

and renewal fees) required to maintain the same in full force and effect have been taken

thereon and shall keep the NISCAIR indemnified in relation thereto.

That time is the essence of the Contract and hence the Bidder shall at all times maintain

sufficient manpower, resources, and facilities, to provide the Services in a workmanlike

manner on a timely basis.

That its security measures, policies and procedures are adequate to protect and

maintain the confidentiality of the Confidential Information.

That in providing the Services or deliverables or materials, neither Bidder nor its agent,

nor any of its employees, shall utilize information which may be considered confidential

information of, or proprietary to, any prior employer or any other person or entity;

6.5. Scope of work/contract:

Scope of the CONTRACT shall be as defined in the RFP No. _______________________

6.6. Duration of the contract:

The CONTRACT shall remain valid for a period of 5 years (3 year warranty there after 2 year

CAMC) from the date of signing of contract or 5 years from the date of acceptance of the data

center whichever is later.

6.7. Contract Performance Security

Within 21 days after the receipt of notification of award of the Contract from the

NISCAIR, the successful Bidder shall furnish Contract Performance Guarantee to the

NISCAIR, which shall be equal to 10% of the value of the Contract valid till 60 days after




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warranty period and shall be in the form of a Bank Guarantee Bond from a Nationalized

Bank in the Performa given at Annexure-F. After the warranty period the bidder shall

furnish fresh bank guaranty equal to 10% of the amount of the two years CAMC within

fifteen days time. Failing which NISCAIR will encash the PBG

The earnest money deposited at the time of tender may be adjusted towards

performance security amount or alternatively the bidder, taking the EMD back, may

deposit a fresh performance security.

Performance security shall be payable as compensation to the NISCAIR for any loss

resulting from the Supplier's failure to complete its obligations under the Contract.

If Performance security not received within stipulated time period, the contract shall be

cancelled and EMD will be forfeited.

Vendor has to submit the order acceptance promptly within 15 days or earlier from thedate of issue of work order.

6.8. Implementation Agency’s Obligations

The Bidder would be required to develop, maintain and manage the proposed Data

Centre facilities. It will be the Implementation Agency’s responsibility to ensure

compliance to the requirements of the Data Centre and continued operation of the Data

Centre in accordance with and in strict adherence to the terms of this Bid, the Tender

and this Contract.

In addition to the aforementioned, the Bidder shall:

Perform the Services specified by the NISCAIR and make available the necessary

equipment / facilities / services as may be necessary and other ‘Scope of work’

requirements as specified in the tender and changes thereof.

The Bidder shall ensure that the Implementation Agency’s Team is competent,

professional and possesses the requisite qualifications and experience appropriate

to the task they are required to perform under this Contract. The Bidder shall ensure

that the Services are performed through the efforts of the Implementation Agency’s

Team, in accordance with the terms hereof and to the satisfaction of the NISCAIR.

Nothing in this Contract relieves the Bidder from its liabilities or obligations under

this Contract to provide the Services in accordance with the NISCAIR directions and

requirements and as stated in this Contract and the Bid to the extent accepted by

the NISCAIR and the Bidder shall be liable for any non-performance, non-




75

compliance, breach or other loss and damage resulting either directly or indirectly

by or on account of its Team.

6.9 Implementation Agency’s Representative

The Implementation Agency’s representative shall have all the powers requisite for the

performance of services under this contract. The Implementation Agency’s Representative shall

liaise with the NISCAIR Representative for the proper coordination and timely completion of the

works and on any other matters pertaining to the works. He will extend full co-operation to

NISCAIR representative in the manner required by them for supervision/inspection/observation

of the Data Centre facilities, equipment/material, procedures, performance, reports and records

pertaining to the works. He shall also have complete charge of the Implementation Agency’s

personnel engaged in the performance of the works and to ensure internal discipline,

compliance of rules, regulations and safety practice. He shall also co-ordinate and co-operate

with the other Service Providers/Vendors of the NISCAIR working at the Site/offsite for activities

related to planning, execution of scope of work and providing services under this contract.

6.10. Reporting Progress

Bidder shall monitor progress of all the activities specified in the contract and submit

free of cost monthly progress report about various aspect of the work to the NISCAIR.

The NISCAIR on mutual agreement between both parties may change the periodicity of

such reports. Extracts of the progress report to be termed, as “Executive Summary” shall

be submitted in 3 copies, along with 3 copies of monthly progress report. The same is

required to be submitted in soft copy as well. Formats for such reporting shall be

discussed at the Kick-Off meeting.

The Data Centre facilities / services, to be provided by the Bidder under the Contract

and the manner and speed of execution and maintenance of the work are to be

conducted in a manner to the satisfaction of NISCAIR representative in accordance with

the Contract. Should the rate of progress of the work, compliance to the requirements of

the Data Centre/its facilities, or any part of them at any time fall behind the stipulated

time for completion or is found to be too slow to ensure completion of the works or

insufficient for satisfactory operation of the Data Centre, the NISCAIR representative

shall so notify the Bidder in writing.

The Bidder shall reply to the written notice giving details of the measures he proposes to

take to expedite the progress so as to complete the works by the prescribed time. The

Bidder shall not be entitled to any additional payment for taking such steps. If at any time




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it should appear to the NISCAIR or NISCAIR representative that the actual progress of

work does not conform to the approved program the Bidder shall produce at the request

of the NISCAIR representative a revised program showing the modification to the

approved program necessary to ensure completion of the works within the time for

completion or steps initiated to ensure compliance/improvement to the stipulated

requirements.

In case during the site preparation of the proposed Data Centre, the progress falls

behind schedule or does not meet the desired requirements, Bidder shall deploy extra

manpower, resources, infrastructure to make up the progress or to meet the

requirements. Program for deployment of extra man power/ resources/ infrastructure will

be submitted to the NISCAIR for its review and approval, which approval shall not be

unreasonably withheld. All time and cost effect in this respect shall be borne, by the

Bidder unless otherwise expressly provided in the Contract.

6.11. Knowledge of Site Conditions

The Implementation Agency’s undertaking of this Contract shall be deemed to mean that

the Bidder possesses the knowledge of all data centre related requirements as

stipulated in the Tender Document including but not limited to environmental,

demographic and physical conditions and all criteria required to meet the design of the

data centre.

The Bidder shall be deemed to have understood the requirements and have satisfiedhimself with the data contained in the Bidding Documents, the quantities and nature of

the works and materials necessary for the completion of the works, etc., and in-general

to have obtained himself all necessary information of all risks, contingencies and

circumstances affecting his obligations and responsibilities there with under the Contract

and his ability to perform it. However, if during the process of site preparation and

installation of the equipment at the Data Centre, as required by NISCAIR, Bidder detects

any obstructions affecting the work, the Bidder shall take all measures to overcome

them.Bidder shall be deemed to have satisfied himself as to the correctness and sufficiency of

the Contract Price for the works. The consideration provided in the Contract for the

Bidder undertaking the works shall cover all the Implementation Agency’s obligation and

all matters and things necessary for proper execution and maintenance of the works in

accordance with the Contract and for complying with any instructions which the NISCAIR




77

Representative may issue in accordance therewith and of any proper and reasonable

measures which the Bidder takes in the absence of specific instructions from the

NISCAIR Representative.

6.12. Implementation Agency’s Team

The Bidder shall supply to the NISCAIR 7 days prior to the effective date of

commencement of works/services or kick-off meeting whichever is earlier, an

organization chart showing the proposed organization/manpower to be established by

the Bidder for execution of the work/facilities including the identities and Curriculum-

Vitae of the key personnel to be deployed.

The team proposed by the Bidder as a part of the technical proposal should be deployed

at Data Centre. Any change in the team profile should be brought in to the notice of

NISCAIR. Bidder should ensure that any replacement personnel, if unavoidable, is

equivalent or better than the original personnel in terms of experience and qualification.

The Bidder shall be responsible for the deployment, transportation, accommodation and

other requirements of all its employees required for the execution of the work and for all

costs/charges in connection thereof.

The Bidder shall provide and deploy, on the Site for carrying out the work, only those

manpower resources who are skilled and experienced in their respective trades and who

are competent to execute or manage/supervise the work in a proper and timely manner.

The NISCAIR Representative may at any time object to and require the Bidder to

remove forthwith from the site a supervisor or any other authorized representative or

employee of the Bidder or any person(s) deployed by Bidder or his sub-Implementation

Agency, if, in the opinion of the NISCAIR Representative the person in question has mis

conducted himself or his deployment is otherwise considered undesirable by the

NISCAIR Representative. The Bidder shall forthwith remove and shall not again deploy

the person in question of the work site without the written consent of the NISCAIR

Representative.

The NISCAIR’s Representative may at any time request the Bidder to remove from the

work / Site the Implementation Agency’s supervisor or any other authorized

representative including any employee of the Bidder or his sub-Bidder or any person(s)

deployed by Bidder or his sub-Bidder for professional incompetence or negligence or for

being deployed for work for which he is not suited. The Bidder shall consider the

NISCAIR Representative request and may accede to or disregard it. The NISCAIR




78

Representative, having made a request, as aforesaid in the case of any person, which

the Bidder has disregarded, may in the case of the same person at any time but on a

different occasion, and for a different instance of one of the reasons referred to above in

this Clause object to and require the Bidder to remove that person from deployment on

the work, which the Bidder shall then forthwith do and shall not again deploy any person

so objected to on the work or on the sort of work in question (as the case may be )

without the written consent of the NISCAIR Representative.

The NISCAIR Representative shall state to the Bidder in writing his reasons for any

request or requirement pursuant to this clause.

In case of change in its team composition owing to attrition, the Bidder shall ensure a

reasonable amount of time-overlap in activities to ensure proper knowledge transfer and

handover/takeover of documents and other relevant materials between the outgoing and

the new member. The existing team member should be replaced with an equally

competent substitute from the pool of backup personnel.

6.13. Statutory Requirements

During the tenure of this Contract nothing shall be done by the Bidder in contravention

of any law, Act and/ or rules/regulations, there under or any amendment thereof

governing inter-alia customs, stowaways, foreign exchange etc. and shall keep NISCAIR

indemnified in this regard.The Bidder and their personnel/representative shall not alter / change / replace any

hardware component proprietary to the NISCAIR and/or under warranty or AMC of third

party without prior consent of the NISCAIR.

The Bidder and their personnel/representative shall not without consent of the NISCAIR

install any hardware or software not purchased / owned by the NISCAIR.

6.14 Contract administration

Either party may appoint any individual / organization as their authorized representative

through a written notice to the other party. Each Representative shall have the authorityto:

a. exercise all of the powers and functions of his/her Party under the Contract other

than the power to amend this Contract and ensure the proper administration and

performance of the terms hereof; and




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b. Bind his or her Party in relation to any matter arising out of or in connection with this

Contract.

The Bidder along with the members of Sub-Implementation Agencies/third parties shall

be bound by all undertakings and representations made by the authorized representative

of the Bidder with respect to this Contract, for and on their behalf.

For the purpose of execution or performance of the obligations under this Contract, the

NISCAIR representative would act as an interface with the nominated representative of

the Implementation Agency. The Bidder shall comply with any instructions that are given

by the NISCAIR representative during the course of this Contract in relation to the

performance of its obligations under the terms of this Contract and the Tender.

6.15. Right of Monitoring, Inspection and Periodic Audit

The NISCAIR reserves the right to inspect and monitor/assess the progress/

performance/ maintenance of the Data Centre at any time during the course of the

Contract, after providing due notice to the Implementation Agency. The NISCAIR may

demand and upon such demand being made, the NISCAIR shall be provided with any

document, data, material or any other information which it may require, to enable it to

assess the progress of the project.

The NISCAIR shall also have the right to conduct, either itself or through another Bidder

as it may deem fit, an audit to monitor the performance by the Bidder of its

obligations/functions in accordance with the standards committed to or required by the

NISCAIR and the Bidder undertakes to cooperate with and provide to the NISCAIR/ any

other Bidder appointed by the NISCAIR, all documents and other details as may be

required by them for this purpose. Any deviations or contravention identified as a result

of such audit/assessment would need to be rectified by the Bidder failing which the

NISCAIR may, without prejudice to any other rights that it may have issue a notice of

default.

6.16. NISCAIR Obligations

The NISCAIR Representative shall interface with the Implementation Agency, to provide

the required information, clarifications, and to resolve any issues as may arise during the

execution of the Contract. NISCAIR shall provide adequate cooperation in providing

details, assisting with coordinating and obtaining of approvals from various governmental

agencies, in cases, where the intervention of the NISCAIR is proper and necessary.




80

NISCAIR shall ensure that timely approval is provided to the Implementation Agency,

where deemed necessary, which should include physical data centre diagram/plans and

all specifications related to equipment/material required to be provided as part of the

Scope of Work.

NISCAIR shall approve all such documents as per Clause 6.16

6.17. Information Security

The Bidder shall not carry and/or transmit any material, information, layouts, diagrams,

storage media or any other goods/material in physical or electronic form, which are

proprietary to or owned by the NISCAIR, out of Data Center premises without prior

written permission from the NISCAIR.

The Bidder shall adhere to the Information Security policy developed by the government.

Bidder acknowledges that NISCAIR business data and other NISCAIR proprietaryinformation or materials, whether developed by NISCAIR or being used by NISCAIR

pursuant to a license agreement with a third party (the foregoing collectively referred to

herein as “proprietary information”) are confidential and proprietary to NISCAIR ; and

Bidder agrees to use reasonable care to safeguard the proprietary information and to

prevent the unauthorized use or disclosure thereof. Bidder recognizes that the goodwill

of NISCAIR depends, among other things, upon Bidder keeping such proprietary

information confidential and that unauthorized disclosure of the same by Bidder could

damage NISCAIR and that by reason of Implementation Agency’s duties hereunder.Bidder may come into possession of such proprietary information, even though Bidder

does not take any direct part in or furnish the services performed for the creation of said

proprietary information and shall limit access thereto to employees with a need to such

access to perform the services required by this agreement. Bidder shall use such

information only for the purpose of performing the said services.

Bidder shall, upon termination of this agreement for any reason, or upon demand by

NISCAIR, whichever is earliest, return any and all information provided to Bidder by

NISCAIR, including any copies or reproductions, both hard copy and electronic.6.18. Ownership of Equipment

The NISCAIR shall own the equipment and data Center infrastructure, supplied by the Bidder

arising out of or in connection with this Contract.




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6.19. Risk Management

Bidder shall at his own expense adopt suitable Risk Management methodology to mitigate all

risks assumed by the Bidder under this CONTRACT. Bidder shall underwrite all the risk related

to its personnel deputed under this CONTRACT as well as equipment and components of the

DC, procured for the DC, equipment, tools and any other belongings of the Bidder or their

personnel during the entire period of their engagement in connection with this CONTRACT and

take all essential steps to reduce and mitigate the risk.

6.20. Indemnity

The Bidder shall execute and furnish to the NISCAIR, a Deed of Indemnity (Annexure-

C) in favour of the NISCAIR in a form and manner acceptable to the NISCAIR,

indemnifying the NISCAIR from and against any costs, loss, damages, expense, claims

including those from third parties or liabilities of any kind howsoever suffered, arising or

incurred inter alia during and after the Contract period out of:

Any negligence or wrongful act or omission by the Bidder in connection with or

incidental to this Contract; or

Any breach of any of the terms of the Bidder’s Bid as agreed, the Tender and this

Contract by the Bidder,

The indemnity shall be to the extent of 100% in favour of the NISCAIR.

6.21. Confidentiality

The Selected Bidder shall not use Confidential Information (CCTV records, Biometric

Records etc), the name or the logo of the NISCAIR except for the purposes of providing

the Service as specified under this contract;

The Bidder may only disclose Confidential Information in the following circumstances:

With the prior written consent of the NISCAIR

To a member of the Implementation Agency’s Team (“Authorized Person”) if:

a. the Authorized Person needs the Confidential Information for the performance of

obligations under this contract;

b. the Authorized Person is aware of the confidentiality of the Confidential

Information and is obliged to use it only for the performance of obligations under

this contract

The Bidder shall do everything reasonably possible to preserve the confidentiality of the

Confidential Information including execution of a confidentiality agreement with the




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members of the, sub Implementation Agencies and other service provider’s team

members to the satisfaction of the NISCAIR.

The Bidder shall sign a Non Disclosure Agreement (NDA) with the NISCAIR. The

Implementation Agency, its antecedents and the sub-Implementation Agencies shall be

bound by the NDA. The Bidder will be held responsible for any breach of the NDA by its

antecedents, delegates or sub-Implementation Agencies.

The Bidder shall notify the NISCAIR promptly if it is aware of any disclosure of the

Confidential Information otherwise than as permitted by this Contract or with the

authority of the NISCAIR.

The Bidder shall be liable to fully recompense the NISCAIR for any loss of revenue

arising from breach of confidentiality. The NISCAIR reserves the right to adopt legal

proceedings, civil or criminal, against the Bidder in relation to a dispute arising out of

breach of obligation by the Bidder under this clause.

6.22. Term and Extension of the Contract

The term of this Contract shall be initially for a period of Five years from the date of Final

Acceptance Certificate issued by NISCAIR.

The NISCAIR shall reserve the sole right to grant any extension to the term above

mentioned and shall notify in writing to the Implementation Agency, at least 3 months

before the expiration of the Term hereof, whether it will grant the Bidder an extension of

the Term. The decision to grant or refuse the extension shall be at the NISCAIR

discretion.

Where the NISCAIR is of the view that no further extension of the term be granted to the

Implementation Agency, the NISCAIR shall notify the Bidder of its decision at least 3

(three) months prior to the expiry of the Term. Upon receipt of such notice, the Bidder

shall continue to perform all its obligations hereunder, until such reasonable time beyond

the Term of the Contract within which, the NISCAIR shall either appoint an alternative

Implementation Agency/service provider or create its own infrastructure to operate such

Services as are provided under this Contract.

6.23. Prices

Prices quoted must be firm and shall not be subject to any upward revision on any account

whatsoever throughout the period of contract.




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6.24. Fall clauseThe contract will be guided by “Fall Clause”. if the vendor reduces its price or sells or even

offers to sell the contracted goods following conditions of sale similar to those of the contract, at

a price lower than the contract price, to any person or organization during the currency of the

contract, the contract price will be automatically reduced with effect from that date for all the

subsequent supplies under the contract and the contract amended accordingly .

6.25. Change Orders/Alteration/Variation

The Bidder agrees that the Data Centre requirements given in specifications of the Bidding

Documents are minimum requirements and are in no way exhaustive and guaranteed by the

NISCAIR. It shall be the responsibility of the Bidder to meet all the requirements of Design

criteria contained in the Bidding Documents and any upward revisions and/or additions of

quantities, specifications, sizes given in Specifications and drawings etc. of the Bidding

Documents required to be made during commissioning of Data Centre shall not constitute a

change order and shall be carried out without a change order and shall be carried out without

any time and cost effect to NISCAIR. Any new requirement beyond the agreed scope shall be

provided at mutually agreed prevailing market rate. Further upward revisions and or additions

required to make Implementation Agency’s selected Data Centre space, facilities, equipment

and installation procedures to meet Bidding Documents requirements expressed and to make

entire facilities safe, operable and as per specified codes and standards shall not constitute a

change order and shall be carried out without any time and cost effect to NISCAIR. Any upward

revision and/or additions consequent to errors, omissions, ambiguities, discrepancies in the

specification and Drawings etc. of the Bidding Documents which the Bidder had not brought out

to the NISCAIR notice in his tender shall not constitute a change order and such upward

revisions and/or addition shall be carried out by Bidder without any time and cost effect to

NISCAIR.

6.26. Change Order The change order will be initiated only in case:

a. The NISCAIR directs in writing the Bidder to include any addition to the scope of work

covered under this Contract or delete any part of the scope of the work under the

Contract,

b. Bidder requests to delete any part of the work which will not adversely affect the

operational capabilities of the facilities and if the deletions proposed are agreed to by

the NISCAIR and for which cost and time benefits shall be passed on to the NISCAIR,




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c. NISCAIR directs in writing the Bidder to incorporate changes or additions to the Design

Criteria requirements already covered in the Contract.

Any changes required by the NISCAIR over and above the minimum requirements given

in the specifications and drawings etc. included in the Bidding Documents before giving

its approval to detailed design or Engineering for complying with design criteria and

changes required to ensure systems compatibility and reliability for safe (As per codes,

standards and recommended practices referred in the Bidding Documents) and trouble

free operation shall not be construed to be change in the Scope of work under the

Contract.

Any change order comprising an alteration which involves change in the cost of the

works (which sort of alteration is hereinafter called a “Variation”) shall be the Subject of

an amendment to the Contract by way of an increase or decrease in the Contract Price

and adjustment of the implementation schedule if any.

If there is a difference of opinion between the Bidder and NISCAIR Representative

whether a particular work or part of the work constitutes a change order or not, the

matter shall be handled in accordance with the procedures set above.

Within ten (10) working days of receiving the comments from the NISCAIR for the

drawings, specification, purchase requisitions and other documents submitted by the

Bidder for approval, the Bidder shall respond in writing, which item(s) of the Comments

is/ are potential changes(s) in the “Scope of work” at Section-IV of the Volume I of the

tender document covered in the Contract and shall advise a date by which change order

(if applicable) will be submitted to the NISCAIR.

6.27. Procedures for Change Order

During detailed Engineering and subsequently, if the Bidder observes that any new

requirement which other than that required for meeting the design criteria is not specific

or intended by the Contract has been stipulated by the NISCAIR, while approving the

specifications, calculations, purchase requisitions, other documents etc. he would

verbally discuss the matter with NISCAIR Representative.

In case such requirement arises from the side of the Implementation Agency, he would

also verbally discuss the matter with NISCAIR Representative giving reasons thereof.

In either of the two cases as explained in above bullet points in Section 6.26 above,

the representatives of both the parties will discuss on the new requirement for better




85

understanding and to mutually decide whether such requirement constitutes a change

order or not.

If it is mutually agreed that such Requirement constitutes a “Change Order” then a joint

memorandum will be prepared and signed by the Bidder and NISCAIR to confirm a

“Change Order” and basic ideas of necessary agreed arrangement.

Upon completion of the study referred to above, the results of this study along with all

relevant details including the estimated time and cost effect thereof with supporting

documents would be submitted to the NISCAIR to enable the NISCAIR to give a final

decision whether Bidder should proceed with the change order or not in the best interest

of the works. The estimated cost and time impact indicated by Bidder shall be

considered as a ceiling limit and shall be provisionally considered for taking a decision to

implement change order. The time impact applicable to the Contract shall be mutually

agreed, subsequently, on the basis of the detailed calculations supported with all

relevant back up documents. In case Bidder fails to submit all necessary

substantiation/calculations and back up documents, the decision of the NISCAIR

regarding time and cost impact shall be final and binding on the Implementation Agency.

If NISCAIR accepts the implementation of the change order under clause 6.26 above in

writing, which would be considered as change order, then Bidder shall commence to

proceed with the relevant work stipulated in the change order pending final agreement

between the parties with regard to adjustment of the Contract Price and the Construction

Schedule.

In case, mutual agreement whether new requirement constitutes the change order or

not, is not reached, then Bidder in the interest of the works, shall take up the

implementation of the work, if advised in writing to do so by NISCAIR Representative

pending settlement between the two parties to the effect whether such requirement

constitutes a change order or not as per the terms and conditions of Contract

documents. The time and cost effects in such a case shall be mutually verified and

recorded.

The Bidder shall submit necessary back up documents for the change order showing

the break-up of the various elements (e.g. Data Centre Space facilities provisioning,

Engineering, Procurement, Development, Installation, etc.) constituting the change order

for the NISCAIR review. If no agreement is reached between the NISCAIR and Bidder

within 60 days after NISCAIR instruction in writing to carry out the change concerning




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the increase or decrease in the Contract price and all other matters described above,

either party may refer the dispute to arbitration.

6.28 Change of Size/Quantities

The NISCAIR will have the option to increase or decrease the size of the dedicated and

exclusive Data Centre space as well as the Non-Data Centre space and the related

quantities of equipment/material to be provisioned by the Bidder as mentioned in the

Contract, at any time before work is initiated at the site and within 6 monts of the date of

the original purchase order, provided that such increase or decrease shall not exceed

twenty percent (20%) of the total Contract Price. In case the change required by the

NISCAIR exceeds 20% of the total Contract Price, the said change would be subject to

the Bidder providing his written consent to the NISCAIR request.

6.29 Conditions for extra work/change order

The provisions of the Contract shall apply to extra work performed as if the Extra work /

Change order has been included in the original Scope of work. However, the Contract

Price shall increase / decrease and the Time Schedule shall be adjusted on account of

the Extra work / Change orders as may be mutually agreed in terms of provisions set

forth in Clause 6.25 to 6.28. The Implementation Agency’s obligations with respect to

such work remain in accordance with the Contract.

The rates provided by the Bidder as part of its commercial quote will be considered as

benchmark rates for placing change orders, if any.

6.30 Suspension of Work

The Bidder shall, if ordered in writing by the NISCAIR Representative, temporarily

suspend the works or any part thereof for such a period and such a time as ordered. The

Bidder shall not be entitled to claim compensation for any loss or damage sustained by

him by reason of temporary suspension of the Works as aforesaid. An extension of time

for completion, corresponding with the delay caused by any such suspension of the

works as aforesaid shall be granted to the Implementation Agency, if request for same is

made and that the suspension was not consequent to any default or failure on the part of

the Implementation Agency. In case the suspension of works, is not consequent to any

default or failure on the part of the Implementation Agency, and lasts for a period of

more than 2 months, the Bidder shall have the option to request the NISCAIR to

terminate the Contract with mutual consent.




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In the event that the NISCAIR suspends the progress of work for any reason not

attributable to the Bidder for a period in excess of 30 days in aggregate, rendering the

Bidder to extend his performance guarantee then NISCAIR shall bear only the cost of

extension of such bank guarantee for such extended period restricted to the normal bank

rates as applicable in the international banking procedures subject to the Bidder

producing the requisite evidence from the bank concerned.

6.31. Completion of Contract

Unless terminated earlier, pursuant to Clauses 6.4, 6.18, 6.21 the Contract shall

terminate on the completion of term as specified in the Contract and only after the

obligations mentioned in Clause 6.36 are fulfilled to the satisfaction of the NISCAIR.

6.32 Payment Schedule

Payments will be released as per the below mentioned schedule:

Payment Schedule Fee PayableEquipmentsandSoftwares

1. On Delivery of IT and Non-ITequipments/softwares and inspection of material

50% of the cost of equipments/software

2. On successful installation and commissioningof the equipments of Data Centre

35% of the cost of equipments

3. On successful final acceptance, training andtrial run for one month


4. Payable quarterly after completion of eachquarter in 12 installments in 3 years


Physical

Infrastructure(Civil &Electrical

1. Payment of all the Civil and Electrical Items will

be made on the basis of measurement dulyverified and certified by the Engineers atNISCAIR. Vendor will provide computerizedmeasurement book.(All the deductions asprevalent in the works contract will beapplicable.)

OperationsandManagementfor 5 years

1. Payable quarterly after completion of eachquarter

Payable quarterly for theamount quoted for that year

CAMC for 4 th & 5 th year

2 Payable quarterly after completion of eachquarter

Payable quarterly for theamount quoted for that year

a. All Payments shall be made in Indian Rupees Only.

6.33. Events of Default by the Implementation Agency

The failure on the part of the Bidder to perform any of its obligations or comply with any

of the terms of this Contract shall constitute an Event of Default on the part of the

Implementation Agency. The events of default as mentioned above may include inter -

alias the following:




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the Bidder has failed to perform any instructions or directives issued by the NISCAIR

which it deems proper and necessary to execute the scope of work under the

Contract, or

The Bidder has failed to adhere to any of the key performance indicators as laid

down in the Key Performance Measures / Contract, or if the Bidder has fallen short of

matching such standards/targets as the NISCAIR may have designated with respect

to any task necessary for the execution of the scope of work under this Contract. The

above mentioned failure on the part of the Bidder may be in terms of failure to

adhere to timelines, specifications, requirements or any other criteria as defined by

the NISCAIR;

The Bidder has failed to remedy a failure to perform its obligations in accordance

with the specifications issued by the NISCAIR, despite being served with a default

notice which laid down the specific deviance on the part of the Bidder to comply with

any stipulations or standards as laid down by the NISCAIR

The Implementation Agency/Implementation Agency’s Team has failed to conform

with any of the Service/Facility Specifications/standards as set out in the scope of

work of this Tender document or has failed to adhere to any amended direction,

modification or clarification as issued by the NISCAIR during the term of this Contract

and which the NISCAIR deems proper and necessary for the execution of the scope

of work under this Contract

The Bidder has failed to demonstrate or sustain any representation or warranty made

by it in this Contract, with respect to any of the terms of its Bid, the Tender and this

Contract

There is a proceeding for bankruptcy, insolvency, winding up or there is an

appointment of receiver, liquidator, assignee, or similar official against or in relation

to the Implementation Agency.

The Implementation Agency/Implementation Agency’s Team has failed to comply

with or is in breach or contravention of any applicable laws.

Where there has been an occurrence of such defaults inter alia as stated above, the

NISCAIR shall issue a notice of default to the Implementation Agency, setting out

specific defaults / deviances / omissions and providing a notice of Sixty (60) days to

enable such defaulting party to remedy the default committed.

Where despite the issuance of a default notice to the Bidder by the NISCAIR the Bidder

fails to remedy the default to the satisfaction of the Implementation Agency, the




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NISCAIR may, where it deems fit, issue to the defaulting party another default notice or

proceed to adopt such remedies as may be available to the NISCAIR.

6.34 Consequences in Event of DefaultWhere an Event of Default subsists or remains uncured the NISCAIR may/shall be

entitled to: If the bidder fails to provide the operational support for DC as per contractual terms

and conditions during the currency of the contract, NISCAIR has right to award the

contract to any other vendor and recover all the consequential losses/damages

towards the award of new contract.

The NISCAIR may, by a written notice of suspension to the Implementation Agency,

suspend all payments to the Bidder under the Contract, provided that such notice of

suspension:

shall specify the nature of the failure; andshall request the Bidder to remedy such failure within a specified period from the

date of receipt of such notice of suspension by the Implementation Agency

Where the NISCAIR deems necessary, it shall have the right to require replacement of

any of the Implementation Agency’s sub-contractors / vendors with another suitable

member. The Bidder shall in such case0 terminate forthwith all their

agreements/contracts other arrangements with such member and find out the suitable

replacement for such outgoing member with another member to the satisfaction of the

NISCAIR, who shall execute such Contracts with the NISCAIR as the NISCAIR mayrequire. Failure on the part of the Bidder to find a suitable replacement and/or terminate

all agreements/contracts with such member, shall amount to a breach of the terms

hereof and the NISCAIR in addition to all other rights, have the right to claim damages

and recover from the Bidder all losses/ or other damages that may have resulted from

such failure.

6.35. Terminate the ContractRetain such amounts from the payment due and payable by the NISCAIR to the Bidder

as may be required to offset any losses caused to the NISCAIR as a result of such event

of default and the Bidder shall compensate the NISCAIR for any such loss, damages or

other costs, incurred by the NISCAIR in this regard. Nothing herein shall effect the

continued obligation of the sub Bidder / other members of its Team to perform all their




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obligations and responsibilities under this Contract in an identical manner as were being

performed before the occurrence of the default.

Invoke the Performance Bank Guarantee and other Guarantees furnished hereunder,

enforce the Deed of Indemnity, recover such other costs/losses and other amounts from

the Bidder that may have resulted form such default and pursue such other rights and/or

remedies that may be available to the NISCAIR under law.

6.36. TerminationThe NISCAIR may, terminate this Contract in whole or in part by giving the Bidder prior

and written notice indicating its intention to terminate the Contract under the following

circumstances:

Where the NISCAIR is of the opinion that there has been such Event of Default on

the part of the Bidder which would make it proper and necessary to terminate this

Contract and may include failure on the part of the Bidder to respect any of itscommitments with regard to any part of its obligations under its Bid, the Tender or

under this Contract.

Where it comes to the NISCAIR’s attention that the Bidder (or the Implementation

Agency’s Team) is in a position of actual conflict of interest with the interests of the

NISCAIR, in relation to any of terms of the Implementation Agency’s Bid, the Tender

or this Contract

Where the Implementation Agency’s ability to survive as an independent corporate

entity is threatened or is lost owing to any reason whatsoever, including inter-alia thefiling of any bankruptcy proceedings against the Implementation Agency, any failure

by the Bidder to pay any of its dues to its creditors, the institution of any winding up

proceedings against the Bidder or the happening of any such events that are

adverse to the commercial viability of the Implementation Agency. In the event of the

happening of any events of the above nature, the NISCAIR shall reserve the right to

take any steps as are necessary, to ensure the effective transition of the project to a

successor Implementation Agency/service provider, and to ensure business

continuity. The NISCAIR may procure/carryout contractual obligation similar to thoseundelivered and the supplier shall be liable for all available actions against it in terms

of the contract.

Termination for Insolvency: The NISCAIR may at any time terminate the Contract by

giving written notice to the Implementation Agency, without compensation to the

Implementation Agency, if the Bidder becomes bankrupt or otherwise insolvent,




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provided that such termination will not prejudice or affect any right of action or

remedy which has accrued or will accrue thereafter to the NISCAIR.

Termination for Convenience: The NISCAIR, may, by prior written notice sent to the

Bidder at least 3 months in advance, 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 NISCAIR convenience, the extent to which performance of work under the

Contract is terminated, and the date upon which such termination becomes effective.

The Bidder may, subject to approval by the NISCAIR, terminate this Contract before the

expiry of the term by giving the NISCAIR a prior and written notice at least 12 months in

advance indicating its intention to terminate the Contract.

6.37. Consequences of Termination

In the event of termination of this contract due to the non performance as per contact

terms & conditions by the bidder, process of blacklisting may be initiated.

In the event of termination of this Contract due to any cause whatsoever, [whether

consequent to the stipulated Term of the Contract or otherwise] the NISCAIR shall be

entitled to impose any such obligations and conditions and issue any clarifications as

may be necessary to ensure an efficient transition and effective business continuity of

the project which the Bidder shall be obliged to comply with and take all available steps

to minimize loss resulting from that termination/breach, and further allow and provide all

such assistance to the NISCAIR and/or the successor Implementation Agency/service

provider, as may be required, to take over the obligations of the erstwhile Bidder in

relation to the execution/continued execution of the scope of this Contract.

Where the termination of the Contract is prior to its stipulated term on account of a

Default on the part of the Bidder or due to the fact that the survival of the Bidder as an

independent corporate entity is threatened/has ceased, or for any other reason,

whatsoever, the NISCAIR through unilateral redetermination of the consideration

payable to the Bidder shall pay the Bidder for that part of the Services which have been

authorized by the NISCAIR and satisfactorily performed by the Bidder up to the date of

termination. Without prejudice any other rights, the NISCAIR may retain such amounts

from the payment due and payable by the NISCAIR to the Bidder as may be required to

offset any losses caused to the NISCAIR as a result of any act/omissions of the

Implementation Agency. In case of any loss or damage due to default on the part of the

Bidder in performing any of its obligations with regard to executing the scope of work

under this Contract, the Bidder shall compensate the NISCAIR for any such loss,




92

damages or other costs, incurred by the NISCAIR. Additionally, the sub Bidder / other

members of its team shall perform all its obligations and responsibilities under this

Contract in an identical manner as were being performed before the collapse of the

Bidder as described above in order to execute an effective transition and to maintain

business continuity. All third parties shall continue to perform all/any functions as

stipulated by the NISCAIR and as may be proper and necessary to execute the scope of

work under the Contract in terms of the Implementation Agency’s Bid, the Tender and

this Contract.

Nothing herein shall restrict the right of the NISCAIR to invoke the Bank Guarantee and

other Guarantees furnished hereunder, enforce the Deed of Indemnity and pursue such

other rights and/or remedies that may be available to the NISCAIR under law.

The termination hereof shall not affect any accrued right or liability of either Party nor

affect the operation of the provisions of this Contract that are expressly or by implication

intended to come into or continue in force on or after such termination.

6.38. Penalty

During the warranty period responsibility of maintenance of various equipments and

components supplied would be of bidder. Therefore, the vendor has to keep the stock of

spares on-site and support shall be provided by four qualified and trained resident

engineers/personals on 8.5 X 5 bases after successful Acceptance of the NISCAIR-DC

by NISCAIR. The maximum response time for a maintenance complaint from the

NISCAIR (i.e. time required for the Supplier Maintenance engineer to report to NISCAIR

after a request call/fax is made or letter is written) shall not exceed 4 hours. Any failure

in the system or a sub-system during the warranty should be rectified within a maximum

period of 24 hours of lodging complaints failing which a penalty of Rs. 40000/- (Rupees

forty thousand only) per day will be levied.

Bidder shall ensure that the virus signature or other malicious code would be updated

within the best possible time limit from the moment it detects at gateway level. However

the time limit shall not be more than 48 hours. Bidder shall also ensure to update thevirus signature of antivirus software or take suitable measure within the above-

mentioned time limit.




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Sl. No. Items Target Penalty1. Attack of Virus, Trojan,

intrusions or any other malicious code

Resolved within 48 hours

For a delay of each oneday after 48 hours

No Penalty

penalty of Rs 5000 shallbe charged on quarterlyservice charges

2. SPAM

SPAM statistics onmonthly basis shall bemonitored throughreports generated by AntiSPAM software.

>=95% Nil

>=90 and <95 % Rs. 50,000

>=80% and < 90 % Rs 100,000

>=70% and < 80% Rs 200,000< 70 % Rs 300,000

3. Intrusion Compromise of any kindof data hosted

Rs. 100,000

6.39. Liquidated DamagesSubject to clause for Force Majeure if the bidder fails to comply the contractual

obligations before the scheduled completion date or the extended date or if Bidder

repudiates the Contract before completion of the Work, the NISCAIR, at its discretion,

may without prejudice to any other right or remedy available to the NISCAIR under the

Contract recover Liquidated damage @ 1% per week subject to a maximum of 10%, will

be computed on CAPEX value of contract will be recovered from Implementation Agency

for the delayed period to a maximum 10 weeks . Subsequently, NISCAIR may consider

cancellation of contract.

In the case it leads to termination, the NISCAIR shall give 30 days notice to the Bidder of

its intention to terminate the Contract and shall so terminate the Contract unless during

the 30 days notice period, the Bidder initiates remedial action acceptable to the

NISCAIR.

The NISCAIR may without prejudice to its right to effect recovery by any other method,

deduct the amount of liquidated damages from any money belonging to the Bidder in its

hands (which includes the NISCAIR’s right to claim such amount against Implementation

Agency’s Bank Guarantee) or which may become due to the Implementation Agency.

Any such recovery or liquidated damages shall not in any way relieve the Bidder from

any of its obligations to complete the Works or from any other obligations and liabilities

under the Contract.




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6.40. Dispute Resolution

The NISCAIR and the Bidder shall make every effort to resolve amicably by direct

informal negotiations, any disagreement or disputes, arising between them under or in

connection with the Contract.

If, after twenty-one (21) days, the parties have failed to resolve their dispute or difference

by such mutual consultation, then either the NISCAIR or the Supplier may give notice to

the other party of its intention to commence arbitration, as hereinafter provided, as to the

matter in dispute, and no arbitration in respect of this matter may be commenced unless

such notice is given. Any dispute or difference in respect of which a notice of intention to

commence arbitration has been given in accordance with this Clause shall be finally

settled by arbitration. Arbitration may be commenced prior to or after delivery of the

Goods under the Contract

The dispute settlement mechanism/arbitration proceedings shall be concluded as

followes:

In case of Dispute or difference arising between the NISCAIR and a domestic supplier

relating to any matter arising out of or connected with this agreement, such disputes or

difference shall be settled in accordance with the Indian Arbitration & Conciliation Act,

1996, the rules there under and any statutory modifications or re-enactments thereof

shall apply to the arbitration proceedings. The dispute shall be referred to the Director

General, Council of Scientific & Industrial Research and if he is unable or unwilling to

act, to the sole arbitration of some other person appointed by him willing to act as such

Arbitrator. The award of the arbitrator so appointed shall be final, conclusive and binding

on all parties to this order.

The venue of arbitration shall be in, New Delhi, India.

The NISCAIR may terminate this contract, by giving a written notice of termination of

minimum 30 days, to the Implementation Agency, if the Bidder fails to comply with any

decision reached consequent upon arbitration proceedings pursuant to Clause 6.39.

Continuance of the Contract: Notwithstanding the fact that settlement of dispute(s) (if

any) under arbitration may be pending, the parties hereto shall continue to be governed

by and perform the work in accordance with the provisions under the Scope of Work to

ensure continuity of operations.




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6.41. Limitation of the Implementation Agency’s Liability towards the NISCAIR

Except in case of gross negligence or willful misconduct on the part of the Bidder or on

the part of any person or company acting on behalf of the Bidder in carrying out the

Services, the Implementation Agency/Bidder shall not be liable to NISCAIR with respect

to damage caused by the Bidder to NISCAIR’s property or liable for:

any indirect or consequential loss or damage; and

any direct loss or damage that exceeds (A) the total payments payable under his

contract to the Bidder hereunder, or (B) the proceeds the Bidder may be entitled to

receive from any insurance maintained by the Bidder to cover such a liability,

whichever of (A) or (B) is higher.

This limitation of liability shall not affect the Bidder liability, if any, for damage to Third

Parties caused by the Bidder or any person or firm/company acting on behalf of the

Bidder in carrying out the Services.

6.42. Conflict of interest

The Bidder shall disclose to the NISCAIR in writing, all actual and potential conflicts of

interest that exist, arise or may arise in the course of performing the Services as soon as

practical after it becomes aware of that conflict.

6.43. Severance

In the event any provision of this Contract is held to be invalid or unenforceable under the

applicable law, the remaining provisions of this Contract shall remain in full force and effect.

6.44. Governing Language

The Agreement shall be written in English language. All correspondence and other

documents pertaining to the Contract that are exchanged by parties shall be written in

English language only.

6.45. “No Claim” Certificate

The Bidder shall not be entitled to make any claim, whatsoever against the NISCAIR, under

or by virtue of or arising out of, this contract, nor shall the NISCAIR entertain or consider any

such claim, if made by the Bidder after he shall have signed a “No claim” certificate in favour

of the NISCAIR in such forms as shall be required by the NISCAIR after the works are finally

accepted.

6.46. Publicity

The Bidder shall not make a public announcement or media release about any aspect of this

Contract unless the NISCAIR first gives the Bidder its written consent.




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6.47 Force Majeure

Notwithstanding the provisions of GCC Clauses relating to extension of time, penalty

and Termination for Default the Supplier shall not be liable for forfeiture of its

performance security, liquidated damages or 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.

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.

If a Force Majeure situation arises, the Supplier shall promptly notify the NISCAIR in

writing of such conditions and the cause thereof within 21 days of its occurrence. Unless

otherwise directed by the NISCAIR 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 prevented by the Force Majeure

event.

If the performance in whole or in part or any obligations under the contract is prevented

or delayed by any reason of force majeure for a period exceeding 60 days, either party

may at its option terminate the contract without any financial repercussions on either

side.

6.48 Inspections and Tests

The Bidder shall at its own expense and at no cost to the NISCAIR carry out all tests and

inspections of the Goods and Related Services as are specified in the contract or as

discussed and agreed to during the course of finalization of contract.

The NISCAIR or its representative shall have the right to inspect and/or to test the

Goods to confirm their conformity to the Contract specifications at no extra cost to the

NISCAIR.

All the equipments supplied by the bidder except DG set will be inspected and tested at

the of installation site of NISCAIR. The NISCAIR shall notify the Bidder in writing in a

timely manner of the identity of any representatives retained for these purposes.

The inspections and tests may be conducted on the premises of the Bidder or its

subcontractor(s), at the point of delivery and/or at the Goods final destination. If




97

conducted on the premises of the Bidder or its subcontractor(s), all reasonable facilities

and assistance, including access to drawings and production data - shall be furnished to

the inspectors at no charge to the NISCAIR.

Whenever the Bidder is ready to carry out any such test and inspection, it shall give a

reasonable advance notice, including the place and time, to the NISCAIR. The Bidder

shall obtain from any relevant third party or manufacturer any necessary permission or

consent to enable the NISCAIR or its designated representative to attend the test and/or

inspection.

Should any inspected or tested Goods fail to conform to the specifications, the NISCAIR

may reject the goods and the Bidder shall either replace the rejected Goods or make

alterations necessary to meet specification requirements free of cost to the NISCAIR.

The NISCAIR's right to inspect, test and, where necessary, reject the Goods after the

Goods' arrival at final destination shall in no way be limited or waived by reason of the

Goods having previously been inspected, tested and passed by the NISCAIR or its

representative prior to the Goods shipment.

The Bidder shall provide the NISCAIR with a report of the results of any such test and/or

inspection.

With a view to ensure that claims on insurance companies, if any, are lodged in time, the

bidders and /or the Indian agent shall be responsible for follow up with their principals for

ascertaining the dispatch details and informing the same to the NISCAIR and he shall

also liaise with the NISCAIR to ascertain the arrival of the consignment after clearance

so that immediately thereafter in his presence the consignment could be opened and the

insurance claim be lodged, if required, without any loss of time. Any delay on the part of

the bidder/Indian Agent would be viewed seriously and he shall be directly responsible

for any loss sustained by the NISCAIR on the event of the delay.

6.49 Integrity pact

As per directive of the CVC, NISCAIR has to adopt an Integrity pact to ensure

transparency, equity and competitiveness in major Public procurement activities. The

integrity pact envisages an agreement between the prospective bidders with the buyer

committing the persons/officials of both the parties with the aim not to exercise any

corrupt influence on any aspect of the contract. Only those bidders who have entered in

to such an integrity pact (Annexure-B on Rs. 100/- stamp paper) with the NISCAIR,

would be competent to participate in the bidding.




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6.50. Exit Management

6.50.1. Exit Management Purpose

This Schedule sets out the provisions, which will apply on expiry or termination of the

SLA, the Project Implementation, Operation and Management SLA.

The Parties shall ensure that their respective associated entities carry out their

respective obligations set out in this Exit Management Schedule.

6.50.2. Transfer of Assets

The Successful Bidder shall be entitled to use the Assets for the duration of the exit

management period, which shall be the four month period from the date of expiry of

contract, or termination of the SLA.

6.50.3. Confidential Information, Security and Data

The Successful Bidder will promptly on the commencement of the exit management period,

supply to the client or its nominated agencies the following:

Information relating to the current services rendered and performance data relating to

the performance of the services; Documentation relating to Data Center, Project’s

Intellectual Property Rights; any other data and confidential information related to DIRF.

Project data as is reasonably required for purposes of the DIRF Project or for

transitioning of the services to its Replacement Successful Bidder in a readily available

format.

All other information (including but not limited to documents, records and agreements)

relating to the services reasonably necessary to enable the Client and its nominated

agencies, or its Replacement Successful Bidder to carry out due diligence in order to

transition the provision of the Services to Client or its nominated agencies, or its

Replacement Successful Bidder (as the case may be).

6.50.4. Rights of Access to Information

At any time during the exit management period, the Successful Bidder will be obliged to

provide an access of information to the client (NISCAIR), and/or any Replacement

Successful Bidder in order to make an inventory of the Assets (including hardware /

Software / Active / passive), layouts, diagrams, schematics, documentations, manuals,

catalogs, archive data, IP addressing, Live data, policy documents or any other material

related to DIRF Project.




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6.50.5. Exit Management Plan

The Successful Bidder shall provide the client (NISCAIR) with a recommended exit

management plan ("Exit Management Plan") which shall deal with at least the following

aspects of exit management in relation to the SLA as a whole and in relation to the Project

Implementation, the Operation and Management SLA and Scope of work definition.

A detailed program of the transfer process that could be used in conjunction with a

Replacement Successful Bidder including details of the means to be used to ensure

continuing provision of the services throughout the transfer process or until the cessation

of the services and of the management structure to be used during the transfer;

Plans for the communication with such of the Bidder, staff, suppliers, customers and any

related third party as are necessary to avoid any material detrimental impact on DC

Project’s operations as a result of undertaking the transfer;

Plans for provision of contingent support to DIRF Project and Replacement Successful

Bidder for a reasonable period after transfer.

6.50.6 Use of Contract Documents and Information

The Supplier shall not, without the Purchaser's prior written consent, disclose the

Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or

information furnished by or on behalf of the NISCAIR in connection therewith, to any

person other than a person employed by the Supplier in performance of the

Contract.Disclosure to any such employed person shall be made in confidence and shall

extend only so far, as may be necessary for purposes of such performance.

The Supplier shall not, without the NISCAIR 's prior written consent, make use of Any

document or information enumerated above except for purposes of performing the

Contract.

Any document, other than the Contract itself, enumerated above shall remain the

property of the NISCAIR and shall be returned (in all copies) to the NISCAIR on

completion of the Supplier's performance under the Contract if so required by the

NISCAIR .

6.50.7. General

Relationship between the Parties

Nothing in this Contract constitutes any fiduciary relationship between the NISCAIR

and Implementation Agency/Implementation Agency’s Team or any relationship of

employer employee, principal and agent, or partnership, between the NISCAIR and





100

No Party has any authority to bind the other Party in any manner whatsoever except

as agreed under the terms of this Contract.

The NISCAIR has no obligations to the Implementation Agency’s Team except as

agreed under the terms of this Contract.

No Assignment

The Bidder shall not transfer any interest, right, benefit or obligation under this

Contract without the prior written consent of the NISCAIR.

Survival

The provisions of the clauses of this Contract in relation to documents, data,

processes, property, Intellectual Property Rights, indemnity, publicity and

confidentiality and ownership survive the expiry or termination of this Contract and in

relation to confidentiality, the obligations continue to apply unless the NISCAIR

notifies the Bidder of its release from those obligations.

Entire Contract

The terms and conditions laid down in the Tender and all annexure thereto as also

the Bid and any attachments/annexes thereto shall be read in consonance with and

form an integral part of this Contract. This Contract supersedes any prior Contract,

understanding or representation of the Parties on the subject matter.

Governing Law

This Contract shall be governed in accordance with the laws of India.

Jurisdiction of Courts

The courts of India at Delhi have exclusive jurisdiction to determine any proceeding

in relation to this Contract.

Compliance with Laws

The Bidder shall comply with the laws in force in India in the course of performing this

Contract.

Notices

All notices, requests or consents provided for or permitted to be given under this

Contract shall be in writing and shall be deemed effectively given when personally

delivered or mailed by pre-paid certified/registered mail, return receipt requested,

addressed as follows and shall be deemed received two days after mailing or on the

date of delivery if personally delivered:




103

The bidder should provide an undertaking from the OEM that during the product

warranty and AMC period the bidder should agree to provide all new releases,

versions, any type of updates, patch and/or bug fixes for the software or firmware, as

applicable and in accordance with the standard policies, at no additional cost to the

NISCAIR.

Not withstanding any thing stated above, Director, NISCAIR reserves all the rights at

his discretion to accept/cancel the complete or a part of the order/contract at any

stage at any time without assigning any reason thereof.




104

Format for Pre-Qualification Bids

SECTION - VII




105

7. Section VII - Format for pre-qualification bids

The bidders are expected to respond to the bid using the forms given in this section and all

documents supporting the pre qualification criteria.

Prequalification bid shall comprise of following forms:Format 1: Pre qualification Bid Letter

Format 2: General Information about the Bidder

Format 3: Pre qualification Check List and Compliance Sheet

Format 4: Declaration Regarding Clean Track Record

Format 5: Declaration of Acceptance of Terms & Conditions in the RFP

7.1 Format 1 – Pre qualification Bid Letter

To,

The Director,

NISCAIR,

Dr. K.S. Krishnan Marg,

New Delhi-110012

Sir/ Madam,

Subject: Appointment of an Agency for Supply, Installation, Configuration, Operations and

Maintenance of physical and IT infrastructure at the NISCAIR Data Centre: Tender No:

<TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY> We, the undersigned Bidders,

having read and examined in detail all the Tender documents do hereby propose to provide the

services as specified in the Tender document number <TENDER REFERENCE NUMBER>

Dated <DD/MM/YYYY> along with the following:

1. EARNSET MONEY DEPOSIT (EMD)

We have enclosed an EMD in the form of a Demand Draft for the sum of Rs. 25,00,000/-

(Rupees Twenty Five Lakhs only). This EMD is liable to be forfeited in accordance with the

provisions of the Volume I, Section VII - General Conditions of the Contract.

2. DEVIATIONS

We declare that bids are submitted strictly in accordance with the Tender terms and

conditions. However, in case of technical specifications devitions having positive impact are

mentioned in Format-6 .

3. CONTRACT PERFORMANCE GUARANTEE BOND




106

We hereby declare that in case the contract is awarded to us, we shall submit the contract

performance guarantee bond in the form prescribed at Annexure-F of Volume I. We hereby

declare that our bid is made in good faith, without collusion or fraud and the information

contained in the bid is true and correct to the best of our knowledge and belief.

We understand that our bid is binding on us and that you are not bound to accept a bid you

receive.

Thanking you,

Yours faithfully,

(Signature of the Bidder)

Printed Name

Designation

Seal

Date:

Place:

Business Address:




107

7.2 Format 2 - Bidder Information Form

Details of the Prime Bidder (Company)

1. Status of the Company (Public Ltd/ Pvt. Ltd)

2. Details of Incorporation of the Company Date:Ref. #

3. Details of Commencement of Business Date:

Ref. #

4. Valid Sales tax registration no.

5. Valid Service tax registration no.

6. Permanent Account Number (PAN)

7. Name & Designation of the contact person to whom

all references shall be made regarding this tender 8. Telephone No. (with STD Code)

9. E-Mail of the contact person:

10. Fax No. (with STD Code)

11. Website

12. Financial Details (as per audited Balance Sheets) (in Cr)

13. Year 2007-2008 2008-2009 2009-2010

14. Net Worth

15. Turn Over

16. PAT




108

7.3 Format 3 –Pre qualification Check List and Compliance Sheet

Sl.No.

Clause Documents Required Compliance Page No.

1. Earnest Money Deposit of Rs25,000,00/- (Rupees twenty five

Lakh).

In the form of DemandDraft/Bankers cheque/

Bank Guarantee/FixedDeposit from aNationalized / ScheduledBank in India, in favour of “Director, NISCAIR”.

Yes/No

2. The bidder is an establishedInformation Technology Company/IT System Integrator hasexperience of installation &commissioning of Data Centers for

more than three years as on

31.12.2010

Self certification byauthorised signatory.

Work Ordersconfirming year andarea of activity

Yes/No

3. The bidder should be a Private/Public Limited company registeredunder the Companies Act, 1956.The company/firm should be inexistence for more than 3 years ason 31.12.2010.

Certificate of incorporation

Yes/No

4. Bidder (prime) must have ISO9001:2000 Certification.

Valid Copy of Certificate Yes/No

5. Installed and commissioned two or more TIER-II Data centers onturnkey solution basis of about 500sq. feet during the last Three (3)years in India (as on 31.12.2010).

Order Value (including IT and Non-IT but excluding basic buildingstructure cost) of not less than Rs.05 crores each.

Copy of work order /client certificates.Completion certificates.

Yes/No

Yes/No

6. Engaged for the operationmaintenance, providing onsitesupport and must have experiencein providing Facility managementservices to at least one data center,for the last three years i.e. 2007-2008, 2008-09 & 2009-10

The bidder mustproduce a referencecertificate from suchcustomers

Yes/No

7. Positive net worth of at least 15crores and a turnover of more thanRs. 100 crores from IT Servicesand IT products sales for each of the last three Financial Years

Chartered Accountantcertificate for Networth.Copy of the audited profitand loss account of thecompany showing

Yes/No




109

ending on 31.03.2010. The turnover refers to a company and not thecomposite turnover of itssubsidiaries / sister concerns or parent company etc.

turnover of the companyfor last three years.

8. The bidder must have on its roll atleast 100 technically qualifiedprofessionals in, networking,systems integration, and prior experience in providing the DataCenter Infrastructure maintenanceservices as on 31-12-2010.(a) Four resources should be ITIL

certified. and(b) Four resources should be

Certified Data center professional (CDCP)

Certificate from bidder’sHR Department for number of TechnicallyQualified professionalsemployed by thecompany.

a) Name of theemployees along withcertified copies of thecertifications done, ITILand CDCP to beprovided.

Yes/No

9. The bidder (prime) should submitvalid letter from the OEMsconfirming following:

Authorization for bidder Confirm that the products quotedare not end of life productsUndertake that the supportincludingspares, patches for the quotedproducts shall be available for next 5 years (3 years warranty

and 2 year CAMC).

Corresponding lettersfrom following OEMs:• Compute Infrastructure• Networking

Infrastructure• Storage Infrastructure• UPS• HVAC• Generator • Fire detection

&Suppression• Surveillance

Yes/No

10. Single point of contact for NISCAIRand shall be solely responsible for all warranties, upgrades andguarantees etc. offered by theOEM.

Give address, Phonenumber, and Contactperson.

Yes/No

11. The Bidder shall not be under aDeclaration of Ineligibility for corruptor fraudulent practices or blacklisted with any of theGovernment agency

Declaration in this regardby the authorizedsignatory of the primebidder

Yes/No

12.Office/Branch office in Delhi/NCR Relevant Documentary

Evidence

Yes/No




110

7.4 Format 4 - Declaration Regarding Clean Track Record

To,

The Director,NISCAIR,Dr. K.S. Krishnan Marg,New Delhi-110012

Sir/ Madam,

I have carefully gone through the Terms & Conditions contained in the RFP Document

[_________________] regarding Appointment of an Data Centre Operator (DCO) for Design,

Site Preparation, Supply, Installation, Commissioning, and Maintenance & Operations of the

NISCAIR Data Centre for a period of five years. I hereby declare that my company has not been

debarred/black listed by any Government agency in India. I further certify that I am competent

officer in my company to make this declaration.

Thank you,

Yours faithfully,


Printed Name

Designation

Seal

Date:

Place

Business Address:




111

7.5 Format 5 – Declaration of Acceptance of Terms and Conditions in RFP

To,

The Director,

NISCAIR,Dr. K.S. Krishnan Marg,New Delhi-110012

Sir,

I have carefully gone through the Terms & Conditions contained in the RFP document [No.

..] regarding Appointment of an Agency for Design, Supply,

Installation, Configuration, Operations and Maintenance of physical and IT infrastructure for

NISCAIR Data Centre, New Delhi.

I declare that all the provisions of this RFP/Tender Document are acceptable to my company. I

further certify that I am an authorized signatory of my company and am, therefore, competent to

make this declaration.

Yours faithfully,


Printed Name

Designation

Seal

Date:

Business Address:




112

Format for Technical BidSECTION - VIII




113

8. Section VIII - Format for Technical bidThis section provides the outline, content and the formats that the Bidders are required to follow

in the preparation of their Technical and Commercial Bids.

8.1 Format 1 – Technical Bid Letter

The Director,NISCAIR,Dr. K.S. Krishnan Marg,New Delhi-110012

Sir/ Madam,

Subject: Appointment of an Agency for Supply, Installation, Configuration, Operations

and Maintenance of physical and IT infrastructure at the NISCAIR Data Centre

Reference: Tender No: <TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY>

We, the undersigned Bidders, having read and examined in detail all the Tender documents

do hereby propose to provide the services as specified in the Tender document number

<TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY> along with the following:

1. EARNEST MONEY DEPOSIT (EMD)

We have enclosed an EMD in the form of a Demand Draft/BG for the sum of Rs.

xxxxxxxxxxxxx/- (Rupees xxxxxxxxx only) Valid up to 180 days till the validity of bid. This

EMD is liable to be forfeited in accordance with the provisions of the Section VIII - General

Conditions of the Contract.

2. DEVIATIONS


conditions. However, in case of technical specifications devitions having positive impact are

mentioned in Format-6 .

Further we agree that additional conditions or assumptions, if any, found in the Tender

documents, other than those stated in deviation schedule, shall not be given effect to.

3. CONTRACT PERFORMANCE GUARANTEE BOND


performance guarantee bond in the form prescribed at Annexure-F of Volume I.

We hereby declare that our bid is made in good faith, without collusion or fraud and the

information contained in the bid is true and correct to the best of our knowledge and belief.




114

We understand that our bid is binding on us and that you are not bound to accept a bid you

receive.

Thanking you,

Yours faithfully,


Printed Name

Designation

Seal

Date:

Place:




115

8.2 Format 2 - General Information about the Bidder

Bidder Information Form

a) [The Bidder shall fill in this Form in accordance with the instructions indicated below. No

alterations to its format shall be permitted and no substitutions shall be accepted. This should

be done of the letter head of the firm]

Date: [insert date (as day, month and year) of Bid Submission]

Tender No.: [insert number from Invitation for bids]

Page 1 of_ ______ pages

1. Bidder’s Legal Name [insert Bidder’s legal name]

2. Bidder’s actual or intended Country of Registration: [insert actual or intended Country of

Registration]

3. Bidder’s Year of Registration: [insert Bidder’s year of registration]

4. Bidder’s Legal Address in Country of Registration: [insert Bidder’s legal address in

country of registration]

5. Bidder’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers] Email

Address: [insert Authorized Representative’s email address]

6. Attached are copies of original documents of: [check the box(es) of the attached original

documents]

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB.

Signature of Bidder ________________

Name __________________________

Business Address

8.3. Format 3 – Technical Solution

1. The Bidder is required to describe the proposed Technical Solution in this section.

Following should be captured in the explanation:

a. Clear articulation and description of the design and technical solution and various

components including make of equipment or sizing of infrastructure (including

diagrams and calculations wherever applicable)

b. Extent of compliance to technical requirements specified in the scope of work




116

c. Technical Design and clear articulation of benefits to NISCAIR of various components

of the solution vis-à-vis other options available.

d. Strength of the Bidder to provide services including examples or case-studies of

similar solutions deployed for other clients

e. Enclose quoted Product reference/brochure and page number where above is

attached with the bid

2. The Bidder should provide detailed design as given in section 12.6. Various other details

need to cover following.

a. IT Components design

1. Approach & Methodology for Installation & Configuration of:

i. Computing (Servers, OS, Databases etc.) infrastructure

ii. Network infrastructure

iii. Security infrastructure

iv. Applications

v. Storage infrastructure

vi. Help Desk

b. Operations & Maintenance

i. Help Desk Services

Escalation Plan

ii. System Maintenance & Management

iii. System / Storage / Database / Network / Security Administration

iv. Backup & Restoration

c. Approach & Methodology for Commissioning of complete Data Centre.

d. Approach & Methodology for installation of the IT infrastructure hosted by user

departments.

e. Adherence to Best practices like ISO, ITIL, BS7799, BS15000, etc.

3. Bidder shall provide a detailed project plan with timelines, resource allocation, milestones etc.

in for supply, installation and commissioning of the physical and IT components for the

NISCAIR, New Delhi.

8.4 Format 4 – Specifications of the Non-IT Components

SL. No. Equipment Purpose/Function Make & Model Quantity#

1. Air-Conditioning System

2. UPS system




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3. CCTV

4. Rodent Repellant

5. Public Address System

6.7.

Others

# Quantity could be the absolute number or a unit like kgs/ft2, ft/mt2 etc depending upon thetype of equipment in consideration. For e.g. Air-conditioning system would have ‘x’ number of PAC units and ‘y’ tons of capacity. Similarly cabling would be specified in z feet per squaremeters. Bidder should provide detailed specifications in Annexure II.

8.5 Format 5 – Specifications of the IT ComponentsSl. No. Description OEM Make & Model

1. Storage System

2. .

3. .

4. .

5. .

6. .

7. .

8. .

9. .

10. .

11. .

12. .

13. .

14. .

15. .

16. .




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17. .

18. .

19 .

20. .Bidder should provide detailed specifications.

8.6 Format 6 – Project Experience: Data Center Implementation and Maintenance

Please fill the following form for each project to be considered

Sl.No. Criteria Description1. Implementer company / Partners2. Customer’s Name3. Scope of the Project Provide scope of the project, highlight

Key Result Areas expected and achieved4. Date of Work Order, Implementation

Timelines5. Value of the contract6. OEM partners

8.7 Format 7 – Project Experience: DC Facilities Management ExperienceProvide information in following format for each of the project

Sl.No. Criteria Description1. Implementer company / Partners2. Customer’s Name3. Customer’s Contact Number and Address4. Scope of the Project Provide scope of the project, highlight

Key Result Areas expected and achieved5. Date of Work Order, Duration of Contract5. Value of the contract

8.8 Format 8 – Authorization letters for OEM’sDate: dd/mm/yy

MANUFACTURERS' AUTHORIZATION FORM

[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions

indicated. This letter of authorization should be on the letterhead of the Manufacturer andshould be signed by a person with the proper authority to sign documents that are binding on

the Manufacturer.


Tender No.: [insert number from Invitation For Bids]

To: [insert complete name and address of NISCAIR]




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WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of

goods manufactured], having factories at [insert full address of Manufacturer’s factories], do

hereby authorize [insert complete name of Bidder] to submit a bid the purpose of which is to

provide the following Goods, manufactured by us [insert name and or brief description of the

Goods], and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with General Conditions of

Contract, with respect to the Goods offered by the above firm. We hereby undertake to support

above mentioned equipment / software for the duration of 3 years from the date of Final

Acceptance Certificate from NISCAIR.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Duly authorized to sign this Authorization on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

SignatureName

Designation Address

DateDirectorate Seal




120

Format for Commercial Bid

SECTION - IX




121

9. Section IX - Format for commercial bid

Evaluation of Commercial Bids

Commercial bids of those bidders who qualify the technical evaluation will be opened. A min of

70 points have to be scored to qualify in the technical evaluation.The comparison shall be of all-inclusive price of goods, such price to include all costs as

well as duties and taxes paid or payable. Govt. of India has authorized NISCAIR to

purchase the items of free Custom

Duty vide their Notification No. 51/96-Customs dt. 23rd July, 1996 and

also from Central Excise Duty vide their notification No. 10/97- Central

Excise Duty dt. 1st May, 1997 being the R&D Institution. NISCAIR will provide

exemption certificate as per these notifications.

Bids will be evaluated on the basis of lowest quote (LQ1) for Grand Total under “Summary of Cost Components” and “Financial Details”.

Quotes for optional items will not be considered for deciding LQ1

9.1 Format 1 – Commercial Bid letter

The Director,NISCAIR,Dr. K.S. Krishnan Marg,New Delhi-110012Phone No- 011-25846024

Sir/ Madam,

Subject: Appointment of an Agency for Supply, Installation, Configuration, Operations and

Maintenance of physical & IT components for NISCAIR Data Center

Reference: Tender No: <TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY>

We, the undersigned Bidder, having read and examined in detail all the Tender documents in

respect of Appointment of an Agency for Supply, Installation, Configuration, Operations and

Maintenance of Physical & IT Infrastructure Components for NISCAIR Data Centre do hereby

propose to provide services as specified in the Tender documents number <TENDER

REFERENCE NUMBER> Dated <DD/MM/YYYY>

PRICE AND VALIDITY

All the prices mentioned in our Tender are in accordance with the terms as specified in

the Tender documents. All the prices and other terms and conditions of this Tender are

valid for a period of 180 calendar days from the date of opening of the Tenders.




122

We hereby confirm that our Tender prices include all taxes. However, all the taxes are

quoted separately under relevant sections.

We have studied the clause relating to Indian Income Tax and hereby declare that if any

income tax, surcharge on Income Tax, Professional and any other corporate Tax in

altercated under the law, we shall pay the same.

UNIT RATES

We have indicated in the relevant schedules enclosed, the unit rates for the purpose of

on account of payment as well as for price adjustment in case of any increase to /

decrease from the scope of work under the contract.

EARNEST MONEY DEPOSIT (EMD)

We have enclosed an EMD in the form of a Demand Draft/BG for a sum of Rs.

XXXXXX/- (Rupees xxxxxxxxxxxx only) Valid up to 180 days till the validity of bid. This

EMD is liable to be forfeited in accordance with the provisions of the Section VIII -

General Conditions of the Contract.

DEVIATIONS


conditions. However, in case of technical specifications devitions having positive impact

are mentioned in product compliance statement (schedule L).

TENDER PRICING

We further confirm that the prices stated in our bid are in accordance with your

Instruction to Bidders included in Tender documents.

QUALIFYING DATA

We confirm having submitted the information as required by you in your Instruction to

Bidders. In case you require any other further information/documentary proof in this

regard, we agree to furnish the same in time to your satisfaction.

BID PRICE

We declare that our Bid Price is for the entire scope of the work as specified in the

Schedule of Requirements and Tender documents. These prices are indicated in Format

2 of this Section attached with our Tender as part of the Tender.

CONTRACT PERFORMANCE GUARANTEE BOND


performance guarantee bond in the form prescribed at Annexure-F of Volume I.




123

We hereby declare that our Tender is made in good faith, without collusion or fraud and the

information contained in the Tender is true and correct to the best of our knowledge and belief.

We understand that our Tender is binding on us and that you are not bound to accept a Tender

you receive.

We confirm that no Technical deviations are attached here with this commercial offer.

Thanking you,

Yours faithfully,

(Signature of the Bidder)Printed NameDesignationSeal.

Date:Place:Business Address:

9.2 Format 2 – Breakdown of Cost Components

Bidder should provide all prices as per the prescribed format under this Annexure.

Bidder should not leave any field blank. In case the field is not applicable, Bidder must

indicate “0” (Zero) in all such fields.

All the prices (even for taxes) are to be entered in Indian Rupees ONLY (%age values

are not allowed)

All unit rates indicated in the schedules shall be inclusive of all taxes, Levies, duties etc.The prices should also be inclusive of three year warranty.

It is mandatory to provide breakup of all Taxes, Duties and Levies wherever applicable

and/or payable.

NISCAIR reserves the right to ask the Bidder to submit proof of payment against any of

the taxes, duties, levies indicated.

NISCAIR shall take into account all Taxes, Duties & Levies for the purpose of Evaluation

The Bidder needs to account for all Out of Pocket expenses due to Boarding, Lodging

and other related items.The bidder to note that following recurring expenses shall be reimbursed on actual:

Diesel Cost

The Unit Rate as mentioned in the following formats shall be used for the purpose of

‘Change Order’ for respective items, if any. However, based on the market trends,

NISCAIR retains the right to negotiate this rate for future requirements.




124

NISCAIR also intends to utilize various rates obtained through this tender for

requirements across various departments. Bidders are requested to factor this larger

demand and give the best possible rate to NISCAIR.

9.2.1 Non-conformities between the figures and words of the quoted price

Any discrepancy between quoted prices in figures and that in words, if noted, will be sorted

out in the following manner:

(a) If there is a discrepancy between the unit price and the total price, the unit price shall

prevail and the total price corrected accordingly, unless in the opinion of the Purchase

Committee / Technical & Purchase Committee there is an obvious misplacement of the

decimal point in the unit price, in which case the total price as quoted shall govern and the

unit price corrected accordingly.

(b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the

subtotals shall prevail and the total shall be corrected.

(c) If there is a discrepancy between words and figures, the amount in words shall prevail,

unless the amount expressed in words is related to an arithmetic error, in which case the

amount in figures shall prevail subject to above.

1. Summary of Cost ComponentsSl.No. Item Schedule Total

PriceTotal Price in words

1. Non-IT Equipments/Systems P

2. IT Equipments/Systems Q

3. Physical Infrastructure (Civil andElectrical)

R

Total (A) CAPEX (P + Q+ R)

4. Facility Management Cost for Five Yrs X

5. CAMC for 4 th and 5 th year Y

Total (B) OPEX (X+Y)

Grand Total (A + B)

Note: All unit rates indicated in the schedules shall be inclusive not limited to supply, installation,duties, transport, packing and transit insurance charges etc. Taxes should be indicated under the relevant column in the schedules.1. The cost of diesel shall be paid on actual consumption subject to submission of bills andtimely payment to concerned service provider. This value is over and above the tender cost. Incase any penalty has been imposed by the concern department for late payment & no paymenton time, the same shall be borne by the Bidder and NISCAIR will not borne this in any case.2. Bill Collection and timely submission will be the responsibility of the bidder.




125

2. Financial DetailsSchedule P: Non-IT Equipments/Systems Cost

Sl.No.

Description Quantity Make/Model Rate(INR)

TotalAmount(INR) (A)

Tax(B)

G. Total(INR)(A+B)

1. UPS for the Server Farm Area for 10Racks (Each 60 KVAwith 20 minutesbackup)

2

2. UPS for NOC, BMSand Staging Area(Each 10 KVA with 15minutes backup)

02

3. Diesel Generator set80 KVA

02

4. Precision AC (8Tr.) 03

5. Comfort ACs (for UPS, NOC, BMS,Cabins etc.) (4Tr.)

05

6. Civil, Electrical,Physical andEnvironmentalSecurity/SafetyInfrastructure (RodentRepellent, Water Leakage, CCTV, FireSuppression etc)

As per solutionproposal

7. Access ControlSystem (Biometric andProximity Access-1No) (Proximity Access

– 8 Nos.)

01 Nos.

8. VESDA 01 Set

9. Gas based FireSuppression System

01 Set

10. Hand Held FireExtinguishers (CO2)

06 Nos

11. Building ManagementSystem

01 Set

12. Public Address System 01 Set




126

Schedule Q: IT Equipments/Systems CostSl.No.

Components Quantity Make/Model Rate(INR)


Tax(B)

G. Total(INR)(A+B)

I.T. Hardware Components1. Blade Chassis /

Enclosure03 Nos.

2. Blade Servers 35 Nos.

3. Rack Server 8 Nos.4. SAN Storage Solution

including SAN Switch(2 Nos.) & SANStorage ManagementSoftware (1 No.),Backup Software (1No.)

01 No.

5. Tape Library (24 Slotswith 4 Drive)

01 No.

6. Thin Clients 06 Nos.7. Desktops (for training

room, NOC area &other staff)

25 Nos.

8. Mobile Workstation 02 Nos.9. 19’’ TFT Monitor 02 Nos.10. Keyboard 02 Nos.11. Optical Scroll Mouse 02 Nos.12. Server Rack 19” 36U 08 No.13. Open Racks for

Network Components(84” Height)

02 No

14. Multifunctional Device 01 No15. Data Projector 01 No.Networking Components

16. Internet Routers 02 Nos.

17. WAN Router 02 Nos.

18. Gateway Switch 02 Nos.

19. Management Switch 01 No.

20. Application andDatabase Core Switch

04 Nos.

21. Core LAN Switch 01 Nos.22. Web DMZ Switch 04 Nos.23. Top of Server Switch 04 No.24. KVM Switches over IP

for Network Racks(with accessories)

02 Nos.

25. 8 Port KVM for Server Racks

02 Nos.

26. Server Load Balancer 02 Nos.




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with applicationsecurity

27. ISP Link LoadBalancer

02 Nos.

28. EnterpriseManagement Solution

(Network Fault, ApplicationPerformance,DatabasePerformance,Management System,Server, AssetManagement)

01 Set

29. Passive Networking

Fiber Optical Cable As requiredPatch cords (Fiber Optic)

As required

Jack Panels As required

Faceplates As required

Connectors As requiredConsolidation Boxes As requiredLIUs As requiredLow Side Works for Passive Networking

As required

Data Security Products

Sl.No.



Tax(B)

G. Total(INR)(A+B)

30. Perimeter Fire Wall(Dedicated Appliance)

02 Nos.

31. Internal Firewall 03 Nos.32. Perimeter – Network

Intrusion PreventionSystem

01 No.

33. Internal – NetworkIntrusion PreventionSystem

01 No.

34. Gateway level AntiVirus (Server)

01 Nos.

35. Antivirus Software(Clients)

40 Nos

36. Anti-Spam solution(appliance based –Gateway level for 500users)

01 No.

37. Host IntrusionPrevention System

40 Nos

38. URL & ContentFiltering Software (200

01 No.




128

Users)39. Security Solution

(Host Access Control,Web AccessManagement, RoleCompliance & IM,

Security Log RecordCollection, Data LossProtection

01 Set

System Software

40. Enterprise RHELOperating System(Latest Version)

06 Nos

41. Visual Studio UltimateEdition with MSDN(Academic Edition withMOLP SA)

02 Nos.

Schedule R: Physical Infrastructure (Electrical and Civil)

Electric Work including:

Sl.No.



Tax(B)

G. Total(INR)(A+B)

1. Connectors As required*

2. Lighting As required*

3. Cabling (entire DIRFarea including all utilitycomponents and UPS)

As required*

Sl.No.



Tax(B)

G. Total(INR)(A+B)

4. Raceway, Cable Trayand Ladder

As required*

5. L.T.Pannel 01

6. Earthing As required*

7. Distribution Boards As required*

8. Other Low side work As required*

Civil Work including : 9. Dismantling of the

existing false ceiling ,PVC flooring and lowheight partitions andwindows

2400sq.ft.**

10. Dismantling of theexisting windows (40sq.ft. and below)

10 Nos.




130

of the entire area

*Give Unit Price for Calculation**The quantities will be firmed up on the basis of design selected by NISCAIR (Refer point no. 6 under section 4, Scope of Work). The quantities will be firmed up after finalizing layout plan submitted by the bidder. NISCAIR shall invite revised finanancial

bids after firmingup all the quantities.Operational SupportSchedule X : Facility Management Cost

Charges Taxes TotalIn figure In words

1 st year 2nd year 3 rd year 4 th year 5 th year

TotalSchedule Y: CAMC charges (4 th and 5 th year)

Charges Taxes TotalIn figure In words

4 th year 5th year

Total

This Operational Support per year shall include all the components / items /

infrastructure of DIRF under the RFP / Contract including the Support personnel

deployed for the project.

The bidder should undertake to provide support for the supplied systems/sub-systemsfor a period of 5 years (including the warranty period of 3 years). After the warranty

maintenance of three years, all the components covered under warranty will be given

under CAMC for a period of two years i.e. 4 th and 5 th year. In case of the item/spare part

being not available due to any reason the bidder shall provide an equivalent or latest

item/spare part in lieu of the original item/spare part subject to the approval of the

NISCAIR.

Note :

1. Delivery :ON F.O.R NISCAIR, PUSA, New Delhi-110012.

2. Rates should be inclusive of all the charges such as packing, forwarding, Freight,

Transportation and Insurance No extra payment shall be made in any case.

3. All statutory liabilities like VAT, Sales tax, Work Contract Tax, Service Tax, Education Cess

etc should be mentioned separately in the given format. If the same is not mentioned, it will

be presumed that all such Taxes are inclusive in the rates and NISCAIR will not pay such




131

levy subsequently. However for determining the variation in statuary liability, rate prevailing at

the date of submission of financial bid (presumed to be included in the all inclusive quoted

rate) and rate changed subsequently will be considered.and the payable amount will be

adjusted accordingly.

4. Rates should be quoted with three year on site warranty.

5. Prices should be indicated in Indian Rupees only and in the respective units indicated at each

row.

6. Prices should be mentioned against each column using both figures and words in total.

7. The prices indicated by the bidder should be inclusive all expenses in terms three year on-

site comprehensive onsite maintenance.

8. Costs for all items must be quoted otherwise the bid is liable to be rejected.

9. Form C/D not applicable.

10.Being the R&D Institution NISCAIR is exempted for payment of custom duty and Central

Excise Duty as per Notification No. 51/96-Customs dt. 23rd July, 1996 and Notification No.

10/97- Central Excise Duty dt. 1st May, 1997

11. TDS @2.36% shall be deducted from the CAMC bill for the 4 th ans 5 th year.

12. Bidders may clearly mention the charges of service Tax in CAMC Bill after warranty

13. Vendors are advised to quote only one product against each item as per our requirement

and should be cost effective.

14 Delivery Period: 6 to 8 weeks for the equipment part and civil and electrical works should

commence within 5 days from the date of award of the work and should be completed within

45 days from the date of commencement of work.

15. Installation and Commissioning of equipments Period: 6 to 8 weeks after delivery

16. Acceptance, Testing and Training: 2 weeks after Installation and Commissioning




132

GlossarySECTION – X




134

47. OEM Original Equipment Manufacturer 48. OPEX Operating Expense49. OS Operating System50. PDA Personal Digital assistant51. NISCAIR National Institute of Science Communications

And Information Resources52. QGR Quarterly Gross Revenue53. RAID Redundant Array of Inexpensive Disks54. RFP Request for Proposal55. SAN 60 Storage Area Networks56. SDC Secured Data Centre57. SDD Software Design Document58. SI System Integrator 59. SLA Service Level Agreement60. SMTP Simple Mail Transfer Protocol61. SNMP Simple Network Management Protocol62. SOAP Simple Object Access Protocol

63. SPoC Single point of contact64. SQL Structured Query Language65. SRS Software Requirement Specification66. SSL Secure sockets layer 67. TIA Telecommunications Industry Association68. TPA Third Party Agency69. UAT User Acceptance Testing70. UD User Department71. UPS Uninterruptible Power Supply72. VB Visual Basic73. VESDA Very Early Smoke Detection Apparatus74. VLAN Virtual LAN75. VPN Virtual Private Network76. WAN Wide Area Network77. XML Extensible Markup Language




135

Annexure

SECTION - XI




136

Annexure-A

MODEL BANK GUARANTEE FORMAT FOR FURNISHING BID SECURITY (EMD)

Whereas (hereinafter called the “tenderer”)hassubmitted their offer dated . for the supply of

.. (hereinafter called the“tender”) against the NISCAIR’s tender enquiry No ...

..KNOW ALL MEN by these presents thatWE .of .. having our registered officeat .are bound unto .(hereinafter called the “NISCAIR)in the sum of for which payment will and truly to be made to the said NISCAIR, the Bank binds itself, itssuccessors and assigns by these presents. Sealed with the Common Seal of the said Bankthis day of .20

THE CONDITIONS OF THIS OBLIGATION ARE:(1) If the tenderer withdraws or amends, impairs or derogates from the tender in any respectwithin the period of validity of this tender.(2) If the tenderer having been notified of the acceptance of his tender by the NISCAIR duringthe period of its validity:-a) If the tenderer fails to furnish the performance security for the due performance of thecontract.b) Fails or refuses to accept/execute the contract.

We undertake to pay the NISCAIR up to the above amount upon receipt of its first writtendemand, without the NISCAIR (CSIR/Lab) having to substantiate its demand, provided that in itsdemand the NISCAIR will note that the amount claimed by it is due to it owing the occurrence of one or both the two conditions, specifying the occurred condition or conditions. This guaranteewill remain in force upto and including 45 days after the period of tender validity and anydemand in respect thereof should reach the bank not later than the above date.

Signature of the authorized officer of the bank

Name and designation of the officer

Seal, name and address of the Bank and address of the Branch.




137

Annexure-BFormat of the Integrity Pact

INTEGRITY PACT

Between

Council of Scientific & Industrial Research (CSIR) hereinafter referred to as “The Principal”. Andherein referred to as “The Bidder/ Contractor.”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for

.The Principal values full compliance with all relevant laws of

the land, rules, regulations, economic use of resources and of fairness/ transparency in its

relations with its Bidder(s) and/or Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor

(IEM), who will monitor the tender process and the execution of the contract for compliance withthe principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:

a. No employee of the Principal, personally or through family members, will in connection with

the tender for, or the execution of a contract, demand, take a promise for or accept, for self or

third person, any material or immaterial benefit which the person is not legally entitled to.

b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. ThePrincipal will in particular, before and during the tender process, provide to all Bidder(s) the

same information and will not provide to any Bidder(s) confidential/additional information

through which the Bidder(s) could obtain an advantage in relation to the tender process or the

contract execution.

c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal

offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal

will inform the Chief Vigilance Officer a nd in addition can initiate disciplinary action.Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in the

tender process and during the contract execution.




138

a. The Bidder(s)/Contractor(s) will not, directly or through any other Person or firm, offer,

promise or give to any of the Principal’s employees involved in the tender process or the

execution of the contract or to any third person any material or other benefit which he/she is not

legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during

the tender process or during the execution of the contract.

b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any Undisclosed agreement

or understanding, whether formal or informal. This applies in particular to prices, specifications,

certifications, subsidiary contracts, submission or non-submission of bids or any other actions to

restrict competitiveness or to introduce cartelization in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act;

further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or

personal gain, or pass on to others, any information or document provided by the Principal as

part of the business relationship, regarding plans, technical proposals and business details,

including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the

Agents/representatives in India, if any. Similarly the Bidder(s)//Contractors(s) of Indian

Nationality shall furnish the name and address of the foreign principals, if any. Further details as

mentioned in the “Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by the

Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the payments made to the

Indian agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on Indian

Agents of Foreign Suppliers” is annexed and marked as Annexure.

e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he

has made, is committed to or intends to make to agents, brokers or any other intermediaries in

connection with the award of the contract.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above

or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts.

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression

through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the

tender process or take action as per the procedure mentioned in the “Guidelines on Banning of

busin ess dealings”. Copy of the “Guidelines on Banning of business dealings” is annexed and

marked as Annex -“B”.




139

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover the damages equivalent

to Earnest Money Deposit/ Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is

entitled to terminate the contract according to Section 3, the Principal shall be entitled to

demand and recover from the Contractor liquidated damages of the contract value or the

amount equivalent to Performance Bank Guarantee.

Section 5 – Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 Years with any

other Company in any country conforming to the anti corruption approach or with any other

Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the

tender process or action can be taken as per the procedure mentioned in “Guidelines on

Banning of business dealings.”

Section 6 – Equal treatment of all Bidders / Contractors/ Subcontractors.

(1) The Bidder(s)/Contractor(s) undertake(s) to demand from all Subcontractors a commitment

in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,

Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or

violate its provisions.

Section 7 – Criminal charges against violating Bidders / Contractors/Subcontractors./

(1) The Principal appoints competent and credible Independent External Monitor for this Pact.

The task of the Monitor is to review independently and objectively, whether and to what extent

the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs

his functions neutrally and independently. He reports to the Director, NISCAIR.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access withoutrestriction to all Project documentation of the Principal including that provided by the Contractor.

The Contractor will also grant the Monitor, upon his request and demonstration of a valid

interest, unrestricted and unconditional access to his project documentation. The same is

applicable to Subcontractors. The Monitor is under contractual obligation to treat the information

and documents of the Bidder(s)/Contractor(s)/Subcon tractor(s) with confidentiality.




140

(4) The Principal will provide to the Monitor sufficient information about all meetings among the

parties related to the Project provided such meetings could have an impact on the contractual

relations between the Principal and the Contractor. The parties offer to the Monitor the option to

participate in such meetings.

(5) As soon as the Monitor notice, or believes to notice, a violation of this agreement, he will so

inform the Management of the Principal and request the Management to discontinue or take

corrective action, or to take other relevant action. The monitor can in this regard submit non-

binding recommendations. Beyond this, the Monitor has no right to demand from the parties that

they act in a specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the Director, NISCAIR within 8 to 10 weeks from

the date of reference or intimation to him by the Principal and should the occasion arise, submit

proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to/provided

to Independent Directors on the NISCAIR.

(8) If the Monitor has reported to the Director, NISCAIR, a substantiated suspicion of an offence

under relevant IPC/PC Act, and the Director, NISCAIR has not, within the reasonable time taken

visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the

Monitor may also transmit this information directly to the Central Vigilance Commissioner.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally singed it. It expires fo the Contractor 10 months

after the last payment under the contract, and for all other Bidders 6 months after the contract

has been awarded.

If any claim is made/lodged during this time, the same shall be binding and continue to be valid

despite the lapse of this pact as specified above, unless it is discharged/determined by Director,

NISCAIR.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and Jurisdiction is the

Registered Office of the Principal, i.e. New Delhi (2) Changes and supplements as well astermination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.




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Annexure-C

INDEMNITY BOND –________________

This deed of Indemnity Bond made on ____________2011, between National Institute of

Science Communications and Information Resources, Dr. K.S. Krishnan Marg, New Delhi-12

(hereinafter called the Purchaser) of the 1st Part and MIs.

_______________________________________(hereinafter called the Contractor) of the

second part.

WHEREAS the. NISCAIRhas placed Order No. _________________dated __________ for

Appointment of an Agency for Establishment and Operation & Maintenance of Physical cum IT

Infrastructure For Digital Information Resource Facility (DIRF) , to be supplied on the terms

and conditions in the said order and which have been mutually agreed upon by the parties

thereto.

WHEREAS the Contractor has executed the said order in compliance with the terms of the

order, but that the NISCAIRis finding difficulty in production due to possible damages in the

Crucible.

WHEREAS in consideration of Work order, Contractor has agreed to execute an Indemnity

Bond of Rs. _______________ -(Rupees _________________ only) for personal delivery of the

material by NISCAIR representative and the safe custody of materials at Contractor Place until

the same is collected by the NISCAIR representative duly reconditioned and as hereafter

appearing.

NOW this deed witness that in pursuance of the said Agreement and the premises the

contractor agree to indemnify NISCAIR and at all times to hold NISCAIR harmless from all

damages and loss arising due to any negligent act or omission of the Contractor or its

employees or the transportation, storage and use of the materials and incurred by the NISCAIRon account of the cost of the materials issued to the contractor for further inspection and

examination except to the extent the claim, suit action or proceeding arises solely from

purchaser's negligence or willful default.




143

IT IS hereby agreed that the contractor shall be liable for all injury, losses and damages that

may be caused to the materials due to any negligent act or omission of the Contractor or its

employees or the transportation, storage and use of the materials and further that the

Contractor shall not part with or deliver possession of the said materials to any other party or

persons in respect of which this Indemnity Bond has been executed, the contractor having

undertaken to deliver the said materials complete in all respects.

THIS BOND and the trust hereby created shall remain valid and binding on the Contractor till

such times as the Contractor has delivered the material to the Purchaser.

IT WITNESSETH thereof the parties hereunto have set their hands to his/their deed, on the day

and year hereinabove mentioned.

For

Name of The Firm:

Signature

Seal of the Company




144

Annexure-D

Bid Form

a) [The Bidder shall fill in this Form in accordance with the instructions indicated No alterations

to its format shall be permitted and no substitutions shall be accepted.]


Tender No.: [insert number from Invitation for Bids]

Invitation for Bid No.: [insert No of IFB]

To: [insert complete name of NISCAIR]

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including Addenda

No.: [insert the number and issuing date of each Addenda];

(b) We offer to supply in conformity with the Bidding Documents and in accordance with the

Delivery Schedules specified in the Schedule of Requirements the following Goods and Related

Services [insert a brief description of the Goods and Related Services];

(c) The total price of our Bid, excluding any discounts offered in item (d) below, is: [insert the

total bid price in words and figures, indicating the various amounts and the respective

currencies];

(d) The discounts offered and the methodology for their application are:

Discounts: If our bid is accepted, the following discounts shall apply. [Specify in detail each

discount offered and the specific item of the Schedule of Requirements to which it applies.]

(e) Our bid shall be valid for the period of time specified in ITB, from the date fixed for the bid

submission deadline in accordance with ITB, and it shall remain binding upon us and may be

accepted at any time before the expiration of that period;

(f) If our bid is accepted, we commit to obtain a performance security in accordance with ITB

and GCC Clause 13 for the due performance of the Contract;

(g) The following commissions, gratuities, or fees have been paid or are to be paid with respect

to the bidding process or execution of the Contract: [insert complete name of each Recipient, its

full address, the reason for which each commission or gratuity was paid and the amount and

currency of each such commission or gratuity]Name of Recipient Address Reason Amount

____________________ _____________________ ________________ ___________

____________________ _____________________ ________________ ___________

(If none has been paid or is to be paid, ind icate “none.”)




145

(k) We understand that this bid, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us, until a formal contract is

prepared and executed.

(l) We understand that you are not bound to accept the lowest evaluated bid or any other bid

that you may receive.

Signed: [insert signature of person whose name and capacity are shown]

In the capacity of [insert legal capacity of person signing the Bid Submission Form]

Name: [insert complete name of person signing the Bid Submission Form]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]




147

ANNEXURE–F

PERFORMANCE SECURITY FORM

MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY

To,.......................................

WHEREAS ...

(name and address of the supplier) (hereinafter called “the supplier”) has undertaken, inpursuance of contract no. . dated .to supply (description of goods and services)(herein after called “the contract”).

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnishyou with a bank guarantee by a scheduled commercial bank recognized by you for the sumspecified therein as security for compliance with its obligations in accordance with the contract;

AND WHEREAS we have agreed to give the supplier such a bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total of . (amount of the guarantee in wordsand figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within thelimits of (amount of guarantee) as aforesaid, without your needing to prove or to show groundsor reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the supplier beforepresenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contractto be performed there under or of any of the contract documents which may be made betweenyou and the supplier shall in any way release us from any liability under this guarantee and wehereby waive notice of any such change, addition or modification.

This guarantee shall be valid until the .. day of , 20 .

(Signature of the authorized officer of the Bank)

.

Name and designation of the officer

.Seal, name & address of the Bank and address of the Branch




148

ANNEXURE – G

AGREEMENT (Works)

This agreement made on _____________ between National Institute of ScienceCommunication and Information Resources (NISCAIR), a constituent establishment of Councilof Scientific & Industrial Research, a society registered under Registration of Society Act of 1860, having its head office at 2 Rafi Ahmed Marg, Anusandhan Bhawan, New Delhi-110001(hereinafter referred to as NISCAIR (CSIR) which expression shall unless excluded by or repugnant to the context include its successors and assigns) on the one part and M/s

_____________________________________________ (hereinafter called as the Engineers,Contractors & consultants Company) which expression shall unless excluded by repugnant tothe context include its successors and assigns on the other part.

Whereas the NISCAIR is desirous of getting of work of

_________________________________________________________________ done and hascaused drawings schedule of quantities and specifications describing the work to be prepared.

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS;

1. In consideration of the payment to be made to them as hereinafter provided the contractor shall upon and subject to the conditions hereinafter contained execute and complete, the workat the rates specified in the attached to quantities and with such materials as are provided for and in accordance in all respect with specifications, designs, drawings and instructions inwriting. Time for carrying out the work will be ____ days and the date of commencement shallbe reckoned from the 5th day of issue of award letter.

2. The NISCAIR shall pay to the contractors such sums as shall become payable hereunder atthe times and in the manner specified in the said conditions

3. This agreements contains the following documents in addition to pages of articles of Agreement

i) General Conditions of Contract Page No. __________ to _________

ii) Special Conditions Page No. _________to ___________

iii) Additional Conditons Page No. ________to ___________

iv) Indenture for Secured Advance Page No. _________ to _________

v) Original tender document alongwith the covering letter of the firmdated_____________Page No._________to ______________

vi) Award letter Page No. __________

vii) __________________________________

viii) __________________________________

DIRF General RFP Ver.7 - Vol I After Corrigendum

Documents

Transcript of DIRF General RFP Ver.7 - Vol I After Corrigendum