Request for Proposal (RFP) for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to It Centre, Odisha Secretariat Tender No. – OCAC-TE-29/2011/ENQ/15015 Odisha Computer Application Centre (Technical Directorate of I.T. Department, Government of Odisha) N-1/7-D, Acharya Vihar, P.O. - RRL, Bhubaneswar - 751013 EPBX: 674-2567280 / 2567064 /2567295 / 2567283 Fax: +91-674-2567842 E-mail ID: [email protected] Website: www.ocac.in RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat DISCLAIMER The information contained in this Tender document or subsequently provided to Bidder(s), whether verbally or in documentary or any other form by Odisha Computer Application Centre (OCAC) or any of their employees is provided to Bidder(s) on the terms and conditions set out in this Tender Document and such other terms and conditions subject to which such information is provided. This Tender is not an agreement and is neither an offer nor invitation by the OCAC to the Bidders or any other person. The purpose of this Tender is to provide interested parties with information that may be useful to them in making their technical and financial offers pursuant to this Tender (the "Bid"). This Tender includes statements, which reflect various assumptions and assessments arrived at by the OCAC in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Bidder may require. This Tender may not be appropriate for all persons, and it is not possible for the OCAC, to consider the technical capabilities, investment objectives, financial situation and particular needs of each party who reads or uses this Tender. The assumptions, assessments, statements and information contained in this Tender, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations, studies and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this Tender and obtain independent advice from appropriate sources. Information provided in this Tender to the Bidder(s) is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. OCAC accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein. OCAC, makes no representation or warranty and shall have no liability to any person, including any Bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this Tender or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the Tender and any assessment, assumption, statement or information contained therein or deemed to form part of this Tender or arising in any way in this Bid Stage. OCAC also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in this Tender. OCAC may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this Tender. The issue of this Tender does not imply that OCAC is bound to select a Bidder or to appoint the Preferred Bidder, as the case may be, for the Project and OCAC reserves the right to reject all or any of the Bidders or Bids without assigning any reason whatsoever. OCAC reserves all the rights to cancel, terminate, change or modify this selection process and/or requirements of bidding stated in the Tender, at any time without assigning any reason or providing any notice and without accepting any liability for the same. The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by OCAC or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and OCAC shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding Process. 2 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat Table of Contents 1. Invitation for Bids .............................................................................................................................. 6 1.1. Issuer and Address for Bid Submission & Correspondence ................................................. 6 1.2. Tender Schedule ......................................................................................................................... 6 1.3. Procurement of RFP Document ............................................................................................... 6 1.4. Amendment of RFP Document ................................................................................................ 7 1.5. Venue and Deadline for submission of Proposal ................................................................... 7 2. Instructions to Bidders ...................................................................................................................... 8 2.1. Earnest Money Deposit – EMD ............................................................................................... 8 2.2. Site Visit ....................................................................................................................................... 8 2.3. Preparation of Proposal/Bid ..................................................................................................... 8 2.3.1. Procedure for submission of Bids ........................................................................................ 8 2.3.2. Authentication of Bid ............................................................................................................. 9 2.3.3. Language of the proposal/bid ............................................................................................... 9 2.3.4. Currencies of Proposal and Payment .................................................................................. 9 2.3.5. Proposal Validity .................................................................................................................... 9 2.3.6. Bid Prices ............................................................................................................................... 10 2.4. Cost of Bidding ......................................................................................................................... 10 2.5. Right to Accept and Reject the Bid ........................................................................................ 10 2.6. Corrupt or Fraudulent Practice .............................................................................................. 10 2.7. Applicable Law.......................................................................................................................... 10 2.8. Resolution of Disputes and Arbitration ................................................................................ 10 3. SCOPE OF WORK ............................................................................................................................ 11 3.1. Specifications ............................................................................................................................ 11 3.2. Service Support ......................................................................................................................... 12 3.3. Uptime ....................................................................................................................................... 12 3 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 3.4. Service Performance ................................................................................................................ 12 3.5. Penalty on SLA .......................................................................................................................... 12 4. Proposal Opening and Evaluation Criteria ................................................................................... 13 4.1. Evaluation Committee(s) ........................................................................................................ 13 4.2. Evaluation of Bids .................................................................................................................... 13 4.3. Eligibility Criteria ..................................................................................................................... 13 4.3.1. Tech-Commercial Bid Evaluation ...................................................................................... 14 4.3.2. Commercial Bid Evaluation ................................................................................................ 14 4.4. Awarding Criteria for Contract ............................................................................................... 14 4.4.1. Suppression of facts and misleading information ........................................................... 14 4.4.2. Award of Contract ................................................................................................................ 14 4.4.3. Notification of Award .......................................................................................................... 15 4.5. Other Terms & Conditions ...................................................................................................... 15 4.6. Performance Security .............................................................................................................. 15 4.7. Failure to Agree with the Terms and Conditions of the RFP ............................................. 15 4.8. Single point of contact for Support: ....................................................................................... 15 5. General Terms and Conditions of the Bid .................................................................................... 16 6. Technical Specification and Compliance Sheet............................................................................ 19 7. Compliance Sheet for Pre-qualification Proposal ........................................................................ 20 8. Bid Formats ....................................................................................................................................... 21 8.1. General Bid ................................................................................................................................ 21 8.1.1. Bidder’s Profile ..................................................................................................................... 21 8.1.2. Declaration Regarding Clean Track Record ..................................................................... 22 8.1.3. Declaration of Acceptance of Terms and Conditions in RFP ......................................... 23 8.1.4. Cover Letter .......................................................................................................................... 24 8.1.5. Price Schedule ....................................................................................................................... 25 4 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.6. Delivery Schedule ................................................................................................................. 26 8.1.7. Commitment Letter for Support from Internet Service Provider (ISP) ....................... 27 8.1.8. Format of Performance Bank Guarantee (PBG) .............................................................. 28 5 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 1. Invitation for Bids OCAC invites tender for supplying of 20 Mbps dedicated Internet Bandwidth at IT Center, Odisha Secretariat. There must be provision of increasing the bandwidth to any desired higher value on demand at any point of time. OCAC reserves the right to buy any quantity of bandwidth from any single or combination of vendors on account of technical/security/redundancy reasons. Prospective Internet Service Providers (ISPs) having Category-A ISP License & Basic Service Operator License must submit their tender document in the following format. Deviations from this format will automatically disqualify the offer. Please ensure that each of the following items below is filled up but please be brief and to the point. 1.1. Issuer and Address for Bid Submission & Correspondence General Manager (Admn.) Odisha Computer Application Centre (OCAC) (Technical Directorate of IT Department, Government of Odisha) Plot No.-N-1/7-D, Acharya Vihar Square, RRL Post Office, Bhubaneswar-751013 EPBX: +91- 674-2567280 / 2567064 /2567295 / 2567283 Fax: +91-674-2567842 E-mail ID: [email protected] Website: www.ocac.in 1.2. Tender Schedule S. No. Particular /Events 1. Start date of issuance / sale of RFP document 2. Last date and time for bid submission 3. Date and time of opening of Techno-Commercial Bids 4. Date and time for opening of Commercial bids Date 15/04/2015 06/05/2015, 03:00 PM 06/05/2015, 04:00 PM To be decided later Note: This bid document is not transferable. The dates are subject to change according to the convenience and needs of OCAC. 1.3. Procurement of RFP Document The RFP document can be downloaded from www.ocac.in / www.odisha.gov.in / www.tenders.gov.in. However bidder must pay document cost of Rs. 500/- (Rupees Five Hundred Only) in form of a demand draft drawn on any nationalized bank in favour of “Odisha Computer Application Centre”, payable at Bhubaneswar. The draft towards RFP document fee should be attached along with Techno-Commercial Bid. Bids without document fee shall be summarily rejected. 6 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 1.4. Amendment of RFP Document At any time till 7 days before the deadline for submission of bids, OCAC may, for any reason, whether at own initiative or in response to a clarification requested by a prospective Bidder, modify the bidding document by amendment. All the amendments made in the document would be published in www.ocac.in / www.odisha.gov.in / www.tenders.gov.in. All such amendments shall be binding on all the bidders. The bidders are also advised to visit the aforementioned websites on regular basis. 1.5. Venue and Deadline for submission of Proposal Proposals must be received at the address specified in section 1.1, not later than dates specified in Section 1.2. Any proposal received by OCAC after the deadline for submission of proposals will be summarily rejected and returned unopened to the Bidder. OCAC 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 7 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 2. Instructions to Bidders 2.1. Earnest Money Deposit – EMD The bidder shall furnish a refundable EMD of Rs. 20,000/- (Rupees Twenty Thousand Only) in the form of a demand draft , drawn on a nationalized bank, valid for 180 days from the last date of submission of bid in favour of Odisha Computer Application Centre, payable at Bhubaneswar, Odisha. The bid will be disqualified if the EMD is not submitted along with the Techno-Commercial Bid. Unsuccessful bidder’s EMD will be released as promptly as possible, but not later than 60 days after the award of the contract to the successful bidder. The successful bidder’s EMD will be released upon signing of the contract and deposit of PBG. No interest will be payable on the amount of the EMD. The EMD may be forfeited in following cases: If bidder withdraws his bid or increases his quoted prices during the period of bid validity or its extended period, if any; or If a bidder indulges in any such deliberate act as would jeopardize or unnecessarily delay the process of bid evaluation and finalization. The decision of OCAC regarding forfeiture of the bid security shall be final & shall not be called upon question under any circumstances In the case of a successful bidder, if it fails within the specified time limit to sign the agreement or/and furnish the required PBG 2.2. Site Visit The bidders shall visit IT Centre, Odisha Secretariat for reconnaissance and obtain additional information pertaining to the resources/ facilities available. OCAC shall arrange for the bidder’s personnel to gain access to the IT Centre, Odisha Secretariat. The cost of visiting the site (s) shall be borne by the bidder. It would be deemed that the bidder has made a complete and careful examination to determine the matters incidental to the performance of its obligations as per the RFP. 2.3. Preparation of Proposal/Bid 2.3.1. Procedure for submission of Bids It is proposed to have a Two Cover System for this tender: Cover 1 – Techno-Commercial bid – having one original and one copy (hard copies) along with one soft copy on a non-re-writeable CD. RFP document duly signed by authorized representative of the bidder should be included as part of Techno-Commercial bid, indicating the acceptance of terms and conditions set forth in this RFP. Technical compliance sheet should be part of Bid. Cover 2 – Commercial Bid – having one hard copy of the bid All the covers should be sealed super-scribing “Techno-Commercial Bid" and “Commercial Bid” respectively. Each copy of each bid should also be marked as "Original", and “Copy" as the case may be. The envelopes of General and Commercial bids shall be placed into an outer envelope and sealed. This outer envelope shall bear the submission address, reference number and title of 8 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat the RFP, and be clearly marked “Do not open before the scheduled date and time”. The cover thus prepared should also indicate clearly the name, address and telephone number of the bidder, to enable the bid to be returned unopened in case it is declared "Late". In the event of discrepancy between bids, the original shall prevail. Further, in the event of discrepancy between the hard copy and the soft copy, the hard copy shall prevail. All the original bids shall be signed by authorized person of the bidder. All pages of the bid, where entries or amendments have been made, shall be initialled by the person or persons signing the bid. All signatures on the letters / certificates attached with the Bid document shall be dated suitably. OCAC shall not be responsible for misplacement, losing or premature opening if the outer envelope or envelopes of any of the bids are not sealed and/or marked as stipulated. This circumstance may be case for proposal rejection. If the proposal is not submitted in a separate sealed envelope duly marked as indicated above, this will constitute grounds for declaring the proposal non-responsive. Note The bidder shall submit the proposal as per the bid formats Prices should not be indicated in Techno-Commercial Bid but should only be indicated in the Commercial Bid. Any deviation shall lead to rejection of the proposal. All pages of RFP shall be initialled and stamped 2.3.2. Authentication of Bid The original and all copies of the bid shall be typed in indelible ink. All original copies of the bid shall be signed by the bidder or a person(s) duly authorized. A letter of authorization shall be supported by a written power-of-attorney accompanying the bid. 2.3.3. Language of the proposal/bid The bids, and all correspondence and documents related to the proposal exchanged by the bidder and OCAC shall be in English. Supporting documents and printed literature furnished by the bidder may be in any language other than English provided they are accompanied by an accurate translation of the relevant passages in English language. Supporting material, which is not translated in English, will not be considered for evaluation. For the purpose of evaluation and interpretation of the bid proposal, the English language translation shall prevail. 2.3.4. Currencies of Proposal and Payment The currency (ies) of the Proposal offer and the payments shall be in Indian Rupees (INR). 2.3.5. Proposal Validity The bids shall be valid for a period of minimum “SIX MONTHS” from the date of submission of the bid. On completion of the validity period (6 months), in case required, OCAC may solicit the bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing by post or email. 9 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 2.3.6. Bid Prices The Bidder shall indicate price in the prescribed format, 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 as requested, the bid may be considered incomplete and be summarily rejected. The price components furnished by the bidder in accordance with format below will be solely for the purpose of facilitating the comparison of bids by OCAC and will not in any way limit OCAC’s right to contract on any of the terms offered 2.4. Cost of Bidding The vendor shall bear all costs associated with the preparation and submission of its bid, and OCAC will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the proposal process 2.5. Right to Accept and Reject the Bid Notwithstanding anything contained in this document, OCAC reserves the right to accept or reject any bid/s. OCAC also reserves the right to cancel the bid process at any time prior to signing the contract and will have no liability for above-mentioned actions. 2.6. Corrupt or Fraudulent Practice In the event of the bidder engaging in any corrupt or fraudulent practices during the bidding process, by the judgment of the OCAC, the bid will be rejected. For the purpose of this clause: “Corrupt Practice” means offering, giving, receiving or soliciting of anything of value to influence the action of OCAC in the selection process. It also includes bringing undue influence through any quarter or interfering directly or indirectly in the selection process to affect its outcome. “Fraudulent Practice” means a misrepresentation of facts in order to influence selection process to the detriment of OCAC.. 2.7. Applicable Law The Contract shall be interpreted in accordance with the laws of the Union of India. 2.8.Resolution of Disputes and Arbitration • • OCAC and the selected bidder shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract. If, after thirty (30) days from the commencement of such informal negotiations, OCAC and the selected Bidder have been unable to amicably resolve dispute, either party may require that the dispute be referred for resolution to the formal mechanisms, which may include, but are not restricted to, conciliation mediated by a third party acceptable to both, or in accordance with the Arbitration and Conciliation Act, 1996. All Arbitration proceedings shall be held at Bhubaneswar, Odisha, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be in English. 10 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 3. SCOPE OF WORK Installation, commissioning and Providing 20 MBPS (1:1) symmetric International Internet Bandwidth through Optical Fiber Connectivity at IT Centre, Odisha Secretariat through its own optic fiber network. 3.1. Specifications The proposed solution must meet the following technical specifications. i. The Internet connectivity leased line should have fully dedicated (1:1), unshared & High Quality 20 MBPS symmetric bandwidth without any compression factor through Optical Fiber at IT Centre, Odisha Secretariat. ii. The ISP should have direct peering (connectivity) with Tier 1 carriers to minimize numbers of hops and latency thereof, to international destinations. iii. The ISP should have Landing rights (Multiple international paths) in at least two international Gateways of India. iv. The ISP should have OWN NLD (National Long Distance) backbone. The Valid NLD license should be valid. (Attach copy of the NLD license) v. The ISP should have centralized trouble ticketing tool for call logging, monitoring and troubleshooting purpose. vi. The ISP should have single number for all the call logging and status update. vii. The interface would be an Ethernet. Till that connectivity whatever Equipments are required, those will be fully included in the Bidder’s responsibility for the Bid, I.e., the terminal equipment, for providing connectivity between IT Centre, Odisha Secretariat end and ISP’s gateway viii. The Bidder shall be responsible for providing Internet services on End-to-End basis to make the entire system working to provide sustained Internet bandwidth of not less than 20 Mbps. All the cost (if any) should be included in this BID. Implying that providing, installation & configuration of all hardware and software required for implementation of services shall be sole responsibility of the Bidder, up to the Ethernet point provided to the IT Centre, Odisha Secretariat. Likewise, the operation and maintenance (if any) of the service shall also be on end-to-end basis. ix. The bidder should furnish a detailed network/ schematic diagram of total proposed solution showing connectivity from ISP’s gateway Terminal Point to IT Centre, Odisha Secretariat. The connectivity shall be through Optical Fiber Media only. x. The bidder should submit technical literature explaining the proposed implementation diagram with the Techno-Commercial bid. xi. The bidder will also be responsible for any civil / electrical work etc. involved for completion of project. xii. End to end circuit management should be there. xiii. Link would be delivered by the ISP, on Optical fiber (point-to-point) which is on the dedicated MUX. xiv. Minimum 16 Static IPs (Public IP) should be allotted with interface bandwidth. 11 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat xv. End-to-end visibility to monitor and control performance. xvi. Multiple bandwidth 100% for dedicated Uncongested Bandwidth xvii. SLA based service with Guaranteed Uptime, committed throughput, defined latencies and packet loss. xviii. Symmetric connections : giving equal upload & download xix. Managed Services provided by ISP. xx. ISP should provide the optical fiber cable underground. xxi. Service Provider should provide details of the proposed connectivity, viz., the name of the cable and landing points of the involved cable i.e. Network Diagrams of connectivity xxii. The international connectivity must be on both Trans-Atlantic and Trans-Pacific routes (Attach Network layout diagram National/ International connectivity xxiii. The connectivity should be redundant on fibre with Ring architecture and should be terminating directly on Mux. xxiv. The ISP to provide MRTG (Multi Router Traffic Grapher) access to OCAC for monitoring traffic load on network-links provided by the ISP for this purpose. xxv. The bidder should have its own network operation centre. 3.2. Service Support The bidder should provide support for trouble shooting on 24X 7 X 365 basis so that the maximum availability of the Internet connectivity is ensured. 3.3. Uptime 99.5% uptime on 24X 7 X 365 basis at IT Centre, Odisha Secretariat. Deduction shall be made from yearly charges on pro-data basis for connectivity as per penalty clause. 3.4. Service Performance The following SLA parameters should be adhered to: a) Packet Loss < 2% b) Domestic Latency < 60 Millisecond during peak traffic hours c) Circuit availability 99.5% (calculated on quarterly basis) 3.5. Penalty on SLA d) No penalty: if the uptime in a quarter is 99.5% or more, no penalty will be levied on the yearly bandwidth charges. e) In the event of the uptime of the link being below 99.5%, for every 0.25% drop in the uptime percentage, a penalty of 0.25% of the yearly bandwidth charges shall be levied. 12 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 4. Proposal Opening and Evaluation Criteria 4.1. Evaluation Committee(s) The Evaluation Committee constituted by OCAC shall evaluate the submitted proposals. The decisions of the Evaluation Committee in the evaluation of the Techno-Commercial and Commercial bids shall be final. No correspondence will be entertained outside the process of negotiation / discussion with the Committee. The evaluation of the proposals will be carried out in two stages. 4.2. Evaluation of Bids a) OCAC will examine the bids to determine whether : They are complete. They are free from computational errors. Required sureties have been furnished. The documents have been properly signed. b) Arithmetic errors will be rectified on the following basis: If there is a discrepancy between words and figures, the amount mentioned in words will prevail. c) OCAC may waive off any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such a waiving does not prejudice or affect the relative ranking of any bidder. 4.3. Eligibility Criteria The bidder should meet the following Eligibility Criteria and must submit documentary evidence in support of their claim for fulfilling the criteria and they should submit an undertaking on their letterheads to the fairness of these documents while submitting the bid. The bids received without the documentary evidence will be rejected outright. Sl. No. 1. Minimum Eligibility Criteria A bidding firm should be an Indian corporation/ registered in India as per Indian Companies Act 1956. The bidder should be a leading telecom service provider having license experience in providing long distance services (NLD) in the country and UASL in the state of Odisha. The bidder should be a profit-making concern with an average annual turnover of Rs. 1.00 Crore in last three financial year. The Turnover should be from Telecom services 2. 4. Bidder is required to submit self attested copy of both licenses. • Copy of the audited Balance Sheet and Profit & Loss statements of the company as on 31st Mar 2014. • Chartered Accountant certificate for Net-worth. The bidder should have positive net worth for last three years. 3. Proof to be submitted for fulfilling the Eligibility Criteria The Bidder should have executed atleast one point to point Optical Fiber Connectivity (OFC) in the State of Odisha. The bidder should furnish, as part of its proposal, a document fees of Rs. 500/- (Rupees Five Hundred only) and an Earnest Money Deposit (EMD) of Rs. 20,000/- (Rupees twenty thousand only). • Net-worth shall exclude any revaluation reserve. Work Order/ Proof of executed order Attach original Bank Draft Note: Any kind of Consortium is not allowed in this Bid. 13 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 4.3.1. Tech-Commercial Bid Evaluation The Bidders who have duly complied with the Eligibility Criteria will be eligible for further processing. 4.3.2. Commercial Bid Evaluation Based on the results of the Tech-Commercial bid evaluation, OCAC will then proceed to open and evaluate the Commercial Bid of the technically acceptable bidders. The evaluation will take into account the information supplied by the bidders in their commercial bid. The bidder would provide the commercial bid in the format provided. The price would be inclusive of all taxes, duties, charges and levies etc. as applicable. Evaluation criteria for Commercial Bid: The bidder having lowest overall financial quote (TC) shall be declared as L1 a. The lowest cost for Overall Internet Connectivity Including Installation and recurring charges will be adjudged as L1. OCAC will not be responsible for any erroneous calculation of tax rates or any subsequent changes in rates or structure of applicable taxes. All differences arising out as above shall be fully borne by the successful bidder. b. In case there is any discrepancy between unit price & total price, the unit price will prevail. c. In cases of discrepancy between the cost quoted in words and in figures, the amount mentioned in words will be considered. d. The purchaser reserves the right to negotiate prices during evaluation if found necessary. Other conditions being equal the firm which can assure quick delivery shall carry weightage. Note: - The prices, once offered, must remain firm and must not be subject to escalation for any reason whatsoever within the period of validity of the bid and subsequent contract, if any. 4.4. Awarding Criteria for Contract 4.4.1. Suppression of facts and misleading information a. During the Bid evaluation, if any suppression or misrepresentation of information is brought to the notice of OCAC, OCAC shall have the right to reject the Bid and if after selection, OCAC would terminate the contract as the case may be, will be without any compensation to the Bidder and the EMD/ Security Deposit as the case may be, shall be forfeited. b. Bidders should note that any figures in the proof documents submitted by the Bidders for proving their eligibility is found suppressed or erased, OCAC shall have the right to seek the correct facts and figures or reject such Bids. c. It is up to the Bidders to submit the full copies of the proof documents to meet out the criteria. Otherwise, OCAC may not consider such documents. 4.4.2. Award of Contract a. After evaluation of all accepted Proposals by the evaluation committee, a contract may be awarded to the successful vendor whose financial quote is the lowest (L1) and would consider it as substantially responsive as per the process outlined above. b. Bidder should submit Performance Bank Guarantee (PBG) as per prescribed format in this RFP before signing the Contract valid for the period of two years. c. No dispute can be raised by any Bidder whose bid has been rejected and no claims will be entertained or paid on this account. 14 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 4.4.3. Notification of Award Prior to the expiration of the validity period, OCAC will notify the successful bidder in writing or by fax or email, that its proposal has been accepted. In case the tendering process / public procurement process has not been completed within the stipulated period, OCAC, may like to request the bidders to extend the validity period of the bid. The notification of award will constitute the formation of the contract. Upon the successful bidder's furnishing of Performance Bank Guarantee, OCAC will notify each unsuccessful bidder and return their EMD. 4.5. Other Terms & Conditions The bidders to submit a deviation sheet (if any) in the following format: Sl. No. RFP Document Reference(s) (Section & Page Number(s)) Content of RFP requiring Clarification(s) Remarks 1. 2. During evaluation, deviation may be accepted by the purchase committee after due examination to confirm that the deviation does not cause any material difference to the quality of service to be provided by the ISP. 4.6.Performance Security Within 10 (ten) days of Notification of “Award of the Work” the bidder shall furnish Performance Security to OCAC @ 10% of the total value of quoted bid by way of irrevocable and unconditional Bank Guarantee in favour of OCAC for one year and one month. The proceeds of the Performance Security shall be payable to OCAC as compensation for any loss resulting from the Company’s failure to fulfill its obligations under the terms and conditions of this tender. Failure of the successful bidder to comply with the requirements shall constitute sufficient ground for the annulment of the notification and forfeiture of the bid security in which event, OCAC may award the contract in accordance with its prescribed rules. This contract shall be on the basis of this document, the Bid of the vendor, the letter of intent and such other terms and conditions as may be determined by OCAC, to be necessary for the due performance of the work, as envisaged herein and in accordance with the Bid and the acceptance thereof. 4.7. Failure to Agree with the Terms and Conditions of the RFP Failure of the successful Bidder to agree with the Terms and Conditions of the RFP shall constitute sufficient grounds for the annulment of the award, in which event OCAC may award the Contract to the next best value Bidder or call for new Bids. 4.8. Single point of contact for Support: Bidder has to provide details of single point of contact viz. designation, address, email address, telephone /mobile No. Escalation matrix for support should also be provided with full details. The Bidder should have local service support office in Bhubaneswar. 15 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 5. General Terms and Conditions of the Bid Note: Bidders must read these conditions carefully and comply strictly while submitting their bids. i. THE BIDDER IS EXPECTED TO EXAMINE ALL INSTRUCTIONS, forms, terms, and specifications in the bidding documents. Failure to furnish all information required in the bidding documents or submitting a Bid not substantially responsive to the bidding documents in any respect may result in the rejection of the Bid. ii. THE BIDDER SHALL BEAR ALL THE COSTS associated with the preparation and submission of its bid. OCAC in no case will be responsible or liable for these costs, regardless of conduct or outcome of bidding process. iii. PROFESSIONAL EXCELLENCE AND ETHICS. Tendering Authority requires that all Bidders participating in this Bid adhere to the highest ethical standards, both during the selection process and throughout the execution of the contract. iv. CURRENCY OF FINANCIAL PROPOSAL shall be made in Indian Rupees (INR) only. v. FAILURE OF THE SUCCESSFUL BIDDER to comply with all the requirements shall constitute sufficient grounds for the annulment of the award, in which event OCAC may make the award to the next lowest evaluated bidder or call for new bids. vi. AMENDMENT / CANCELLATION: The Tendering Authority reserves the right to cancel this Tender at any time without any obligation to the Bidders. The Tendering Authority at any time, prior to the deadline for submission of Proposals, may amend the Tender by issuing an addendum in writing or by standard electronic means. The addendum will be binding on all the Bidders. Bidders shall acknowledge receipt of all amendments. To give Bidders reasonable time to take an amendment into account in their Proposals, the Tendering Authority may, if the amendment is substantial, extend the deadline for the submission of Proposals. vii. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: The Tendering Authority reserves the right to accept any bid, and to annul the bid process and reject all bids at any time prior to award of contract, without assigning any reason & without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the action. viii. THE TENDERING AUTHORITY RESERVES THE RIGHT TO ACCEPT ANY BID not necessarily the lowest, reject any bid without assigning any reasons for entering into the Contract. ix. CONDITIONAL BIDS: If a bidder imposes conditions, which is in addition to or in conflict with the conditions mentioned herein, his bid is liable to be summarily rejected. In any case none of such conditions will be deemed to have been accepted unless specifically mentioned in the letter of acceptance of bid issued by the Tendering Authority. x. PERIOD OF VALIDITY: Bids shall remain valid for 180 days after last date for bid submission prescribed by OCAC which may be extended with mutual consent. A bid valid for a shorter period may be rejected by OCAC as non-responsive. 16 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat xi. LATE BIDS: Any bid received by the Tendering Authority after the deadline for submission of bids will be rejected and will not to be considered. xii. ANY MATTER WHICH HAS NOT BEEN COVERED UNDER THESE PROVISIONS shall be governed as per the provisions of Odisha State Government Rules. xiii. ACCEPTANCE TESTING: The Internet Connectivity will be tested by OCAC or OCAC nominated agency. The Bidder should make available a similar system, free of cost, as per the configuration quoted in technical bid. xiv. PROPRIETARY RIGHTS: The Bidder shall indemnify the Purchase against all third party claims of infringement of patent, copy right, trademark, license or industrial design rights, software piracy arising from use of goods or any part thereof within India. xv. DELAYS IN THE PERFORMANCE OF BIDDER’S OBLIGATION: Any delay by the Bidder in its performance shall render the Bidder liable to any or all of the following sanctions – forfeiture of its performance security and / or termination of the contract for default. xvi. PROFORMA OF BANK GUARANTEE (PBG): The Selected Bidder at his own expense shall deposit PBG to OCAC, before signing of the contract. The PBG will be released after the one year of the signing of the contract subjected to successful completion of scope of work mentioned in the RFP. xvii. TERMINATION FOR DEFAULT: OCAC may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Bidder, terminate this contract in whole or in part. xviii. FORCE MAJEURE a. Notwithstanding the provisions of clauses 18, 19 and 20 the bidder shall not be liable for forfeiture of its performance security or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligation under the contract is the result of an event of force majeure. b. For purposes of this clause, “Force Majeure” means an event beyond the control of the Bidder and not foreseeable events may include, but are not restricted to, acts of OCAC in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes and other acts of God. c. If a force majeure situation arises, the Bidder shall promptly notify to OCAC in writing of such condition and the cause thereof. Unless otherwise directed by OCAC in writing, the Bidder shall continue to perform its obligation 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. d. If the force majeure condition(s) mentioned above be in force for a period of 30 days or more at any times, OCAC shall have the option to terminate the contract on expiry of 30 days of commencement of such force majeure by giving 14 days notice to the Bidder in writing. In case of such termination, no damages shall be claimed by either party against the other, save and except those which had occurred under any other clause of this contract prior to such termination. 17 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat xix. TERMINATION FOR INSOLVENCY: OCAC may at any time cancel the Contract by giving written notice to the Bidder, if the Bidder becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to OCAC. xx. TERMINATION FOR CONVENIENCE: OCAC, may by written notice sent to the Bidder, terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for OCAC's convenience and the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective. xxi. RESOLUTION OF DISPUTES: OCAC and the Bidder shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract. If, after thirty days from the commencement of such informal negotiations OCAC and the Bidder have been unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution as per Arbitration and Conciliation Act, 1996. xxii. APPLICABLE LAW: The contract shall be interpreted in accordance with the laws of India, irrespective of the place of performance or place of payment under the contract. The contract shall deem to have made at the place in India from where the contract has been issued. xxiii. NOTICES: Any notice given by one party to the other pursuant to this contract shall be sent in writing or by telegram or Telefax and confirmed in writing to General Manager (Admn.), Odisha Computer Application Centre (Technical Directorate of IT Department, Government of Odisha), Plot No.-N-1/7-D, Acharya Vihar Square, RRL Post Office, Bhubaneswar-751013 xxiv. TAXES & DUTIES: The Bidder shall be entirely responsible for all taxes, duties, license fee etc. xxv. Special Conditions of Bid a. PAYMENT TERMS 1. All payments will be made in INR only 2. No advance will be paid or no letter of credit will be issued. 3. The payment will be subject to fulfillment of Services. 4. Payment Mile Stones i. 90% on successful Installation and commissioning of OFC and hardware at respective location balance 10% after acceptance from user for desired output after deduction of applicable penalty and subject to submission of PBG. ii. The bandwidth recurring charges will be paid on yearly basis after providing successful services & after deduction of applicable penalty. 5. The Successful Bidder will have full and exclusive liability for payment of all Duties, Taxes and other statutory payments payable under any or all of the Statutes/Laws/Acts etc now or hereafter imposed. 18 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 6. Technical Specification and Compliance Sheet SN Description of Services Specification provided by Bidder Providing 20 MBPS (1:1) symmetric 1 International Internet Bandwidth through Optical Fiber Connectivity at IT Centre, Odisha Secretariat. Note: If any Hardware required for implementing the Services should be submit in technical bid including Data sheet for the same 19 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 7. Compliance Sheet for Pre-qualification Proposal (The pre‐qualification proposal should comprise of the following basic requirements. The documents mentioned in this compliance sheet along with this form, needs to be a part of the Pre‐ Qualification proposal) Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. Basic Requirement Documents Required Document Fee Demand Draft The bidder should be a leading telecom service provider having license experience in providing long distance services (NLD) in the country and UASL in the state of Odisha. Power of Attorney/ Authorization Particulars of the Bidders Earnest Money Deposit The bidder should be a profit-making concern with an average annual turnover of Rs. 1.00 Crore in last three financial year. The Turnover should be from Telecom services The net worth of the bidder in the last three financial years, i.e. 2011-12, 201213, 2013-14 should be positive. Technical Capability 9. Legal Entity 10. Blacklisting & Performance 20 | P a g e Complied Reference & (Yes /No) Page Number Bidder is required to submit self attested copy of both licenses. Copy of Power of Attorney / Authorization in the name of the Authorized signatory As per RFP Clause 8.1.1 Demand Draft / Bank Guarantee Copy of the audited Balance Sheet and Profit & Loss statements of the company as on 31st Mar 2014; ?OR Certificate from the statutory auditor CA Certificate with CA’s Registration Number/ Seal indicating net worth of the firm Work Order + Completion Certificates from the client; Copy of Certificate of Incorporation, Odisha VAT registration, Copy of Service Tax Registration Certificate & PAN, Up to date VAT clearance, IT return A self certified letter Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8. Bid Formats 8.1. General Bid 8.1.1. Bidder’s Profile Details of the Bidder (Company) 1 Name of the Bidder 2 Address of the Bidder 3 Status of the Company (Public Ltd/ Pvt. Ltd) 4 Details of Incorporation of the Company Date: Ref. # Date: 5 Details of Commencement of Business Ref. # 6 Valid Sales tax registration no 7 Valid Service tax registration no. 8 Permanent Account Number (PAN) 9 Name & Designation of the contact person to whom all references shall be made regarding this tender 10 Telephone No. (with STD Code) 11 Fax No. (with STD Code) 12 E-Mail of the contact person 13 Website 14 Financial Details (as per audited Balance Sheets) (in Cr) 15 Year 16 2012-13 2013-14 Net Worth 17 Turn Over 18 PAT 21 | P a g e 2011-12 Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.2. Declaration Regarding Clean Track Record To, General Manager, Odisha Computer Application Centre (OCAC), (Technical Directorate under IT Department, Govt. of Odisha), OCAC Building, Plot No. N-1/7D, Acharya Vihar Square, RRL Post Office, Bhubaneswar – 751 013, Odisha Sir, I have carefully gone through the Terms & Conditions contained in the RFP Document [No. ---------------------------------------------------] regarding selection of bidder for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat I hereby declare that my company has not been debarred/black listed by any Government / Semi Government organizations in India. I further certify that I am competent officer in my company to make this declaration. Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: 22 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.3. Declaration of Acceptance of Terms and Conditions in RFP To, General Manager, Odisha Computer Application Centre (OCAC), (Technical Directorate under IT Department, Govt. of Odisha), OCAC Building, Plot No. N-1/7D, Acharya Vihar Square, RRL Post Office, Bhubaneswar – 751 013, Odisha Sir, I have carefully gone through the Terms & Conditions contained in the RFP Document ] regarding selection of bidder for Provisioning [No. of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 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, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: 23 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.4. Cover Letter To, General Manager, Odisha Computer Application Centre (OCAC), (Technical Directorate under IT Department, Govt. of Odisha), OCAC Building, Plot No. N-1/7D, Acharya Vihar Square, RRL Post Office, Bhubaneswar – 751 013, Odisha Sir, Subject: RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat Reference: Tender No: <TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY> Having examined the bidding documents, we undersigned, offer to supply and deliver (description of goods and services) in conformity with the said bidding documents as per the prices given in the price schedule. We undertake, if our bid is accepted, to commence delivery within (number) days and to complete delivery of all the items specified in the contract within (number) days calculated from the date of receipt of your Purchase Order. We agree to abide by this bid for a period of 180 days from the date fixed for bid opening in instructions to bidders and it shall remain binding upon us and may be accepted at any time before the expiration of that period. Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof, shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any bid you may receive. Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: 24 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.5. Price Schedule To, General Manager (Admn.), Odisha Computer Application Centre (OCAC), (Technical Directorate under IT Department, Govt. of Odisha), OCAC Building, Plot No. N-1/7D, Acharya Vihar Square, RRL Post Office, Bhubaneswar – 751 013, Odisha Bid form for bid no. ----------------- date of opening ------------1. We ------------- hereby offer to supply the following items at the prices and within the period indicated below: Unit Prices Unit of Total Qty. Per Unit Tax Per Inclusive of SN Description of Services Measur Amount (Q) Price Unit All Taxes ement T=Q*UA (UA) Installation Charges for Providing 20 MBPS (1:1) symmetric International Lump Internet Bandwidth 1. 1 Sum through Optical Fiber Connectivity at IT Centre, Odisha Secretariat Monthly Recurring Charges for Providing 20 MBPS (1:1) symmetric International Internet 12 Monthly 2. Bandwidth through Optical Fiber Connectivity at IT Centre, Odisha Secretariat. GRAND TOTAL IN FIGURES GRAND TOTAL IN WORDS 2. It is herewith certified that we have understood the instruction to bidders and also the general and special conditions of the bid and have thoroughly examined specifications and thoroughly aware of the nature of services required and our offer is to supply services strictly in accordance with the requirements and according to the terms mentioned in the bid. 3. Above rates are inclusive of all taxes and Rates are valid for a period of 1 years from signing date of Contract. 4. We will deliver the equipment/Schedule as per required schedule given at clause 7.3 based on the contract signing received from OCAC. Note:a) The Bidders may prepare their bid form as per this Performa. b) No change in the Performa is permissible. c) No erasures or alterations in the text of the Bid are permitted. Any correction made in the Bid shall bear initial by the bidder. 25 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.6. Delivery Schedule S. No. 1 Description Delivery Schedule Installation Charges for Providing 20 MBPS (1:1) symmetric International Internet Bandwidth through Optical Fiber Connectivity at IT Centre, Odisha Secretariat One Month from Date of signing the contract 26 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.7. Commitment Letter for Support from Internet Service Provider (ISP) Date ................................... To, General Manager (Admn.), Odisha Computer Application Centre (OCAC), (Technical Directorate under IT Department, Govt. of Odisha), OCAC Building, Plot No. N-1/7D, Acharya Vihar Square, RRL Post Office, Bhubaneswar – 751 013, Odisha Ref.: Tender No.- XXXX/XXXX/XXXX/XXXX Dated – XX/XX/XX I / We ................................................... hereby commit & confirm the following: a) The duration of the service support will be for a period of minimum one year (Providing Internet Connectivity) from the date of successful Installation. b) The Service support will be provided onsite and will not be charged extra. c) The Service support will be comprehensive hence no extra charge is to be paid for any Hardware failure. Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: 27 | P a g e Signature & Seal of the Bidder RFP for Provisioning of 20 Mbps Dedicated Internet Bandwidth up to IT Centre, Odisha Secretariat 8.1.8. Format of Performance Bank Guarantee (PBG) To The General Manager (Admin) Odisha Computer Application Centre Plot No. - N-1/7-D, Acharya Vihar P.O.- RRL, Bhubaneswar - 751013 EPBX: 0674-2567280/2567064/2567295 Fax: +91-0674-2567842 Whereas, < < name of the supplier and address > > (hereinafter called “the Bidder”) has undertaken, in pursuance of contract no. < < insert contract no. > > dated. < < insert date > > to provide Implementation services for < < name of the assignment > > to OCAC (hereinafter called “the beneficiary”) And whereas it has been stipulated by in the said contract that the Bidder shall furnish you with a bank guarantee by a recognized bank for the sum specified therein as security for compliance with its obligations in accordance with the contract; And whereas we, < < name of the bank > > a banking company incorporated and having its head /registered office at < < address of the registered office > > and having one of its office at < < address of the local office > > 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, upto a total of Rs.< < insert value > > (Rupees < < insert value in words > > only) 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 the limits of Rs .< < insert value > > (Rupees < < insert value in words > > only) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Bidder before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the Bidder shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification. This Guarantee shall be valid until < < Insert Date > >) Notwithstanding anything contained herein: I. Our liability under this bank guarantee shall not exceed Rs < < insert value > > (rupees < < insert value in words > > only). II. This bank guarantee shall be valid up to < < insert expiry date > >) III. It is condition of our liability for payment of the guaranteed amount or any part thereof arising under this bank guarantee that we receive a valid written claim or demand for payment under this bank guarantee on or before < < insert expiry date > >) failing which our liability under the guarantee will automatically cease. (Authorized Signatory of the Bank) Seal: Date: 28 | P a g e Signature & Seal of the Bidder
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