1. No category

Request for Proposal (RFP)
For
Operations & Maintenance Activities (FMS)
For IT and Non IT Equipment’s
Installed in
Odisha State Data Centre, Bhubaneswar
Enquiry No. : OCAC-NEGP-INFRA-0039-2014-15019
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
GLOSSARY
Acronyms
Definitions
AMC
Annual Maintenance Contract
AoA
Article of Association
AT
Acceptance Testing
BoM
Bill of Material
CCNP
Cisco Certified Network Professionals
CD
Compact Disk
CISA
Certified Information Systems Auditor
CISSP
Certified Information Systems Security Professional
CSC
Common Service Centre
DCO
Data Centre Operator
DC
Data Centre
DEITY, GoI
Department of Electronics and Information Technology
DR
Disaster Recovery
EMS
Enterprise Management Software
GoI
Government of India
GoO
Government of Odisha
INR
Indian Rupee
ISO
International Organization for Standards
ITIL
Information Technology Infrastructure Library
KVM
Keyboard, Video Display Unit and Mouse Unit
LDAP
Lightweight Directory Protocol
LOI
Letter of Intent
MoU
Memorandum of Understanding
NAS
Network Attached Storage
OEM
Original Equipment Manufacturers
OCAC
Odisha Computer Application Centre
PBG
Performance Bank Guarantee
SAN
Storage Area Network
SDC
State Data Centre
SLA
Service Level Agreement
SNMP
Simple Network Management Protocol
SPOC
Single Point of Contact
SWAN
State Wide Area Network
SWO
SWAN Operator
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Contents
GLOSSARY............................................................................................................................................................................ 2
1.
SECTION I - INVITATION TO BIDDERS / IMPORTANT DATES .................................................................................... 6
1.1. ISSUER ............................................................................................................................................................................ 6
1.2. CONTACT PERSON ............................................................................................................................................................. 6
1.3. ADDRESS FOR BID SUBMISSION AND CORRESPONDENCE ........................................................................................................... 6
1.4. TERMS OF REFERENCE ........................................................................................................................................................ 7
1.5. PURCHASE OF BID DOCUMENT ............................................................................................................................................. 7
2
SECTION II – SDC OVERVIEW.................................................................................................................................... 8
2.1
2.2
PROJECT PROFILE.......................................................................................................................................................... 8
PROJECT BENEFITS........................................................................................................................................................ 8
3
SECTION III - ELIGIBILITY CRITERIA ........................................................................................................................... 9
4
SECTION IV - SCOPE OF WORK, DELIVERABLES AND TIMELINES ............................................................................. 12
4.1
4.2
4.3
5.
SCOPE OF WORK (SOW) .............................................................................................................................................. 12
ROLES AND RESPONSIBILITIES OF OTHER STAKEHOLDERS .................................................................................................... 23
PROJECT DELIVERABLES ............................................................................................................................................... 24
SECTION V - SERVICE LEVEL AGREEMENT............................................................................................................... 24
5.1. DEFINITIONS................................................................................................................................................................... 25
5.2. SETTING PRIORITY LEVELS ................................................................................................................................................. 25
5.3. SEVERITY FOR CRITICAL COMPONENTS.................................................................................................................................. 25
5.4. SCHEDULED DOWNTIME ................................................................................................................................................... 28
5.5. SLA DOWN TIME GUIDANCE ............................................................................................................................................. 28
5.6. CATEGORIES OF SLA ........................................................................................................................................................ 30
6.
SECTION VI - INSTRUCTION TO BIDDERS ................................................................................................................ 41
6.1. PROCEDURE FOR SUBMISSION OF BIDS ................................................................................................................................ 41
6.2. COST TO BID .................................................................................................................................................................. 42
6.3. CONTENTS OF THE TENDER DOCUMENT ............................................................................................................................... 42
6.4. CLARIFICATION ON TENDER DOCUMENT .............................................................................................................................. 43
6.5. DISCOUNTS .................................................................................................................................................................... 43
6.6. LANGUAGE OF BIDS ......................................................................................................................................................... 43
6.7. DOCUMENTS COMPRISING THE BIDS ................................................................................................................................... 43
6.8. BID PRICES ..................................................................................................................................................................... 44
6.9. FIRM PRICES................................................................................................................................................................... 44
6.10. BIDDER QUALIFICATION .................................................................................................................................................. 45
6.11. PERIOD OF VALIDITY OF BIDS ........................................................................................................................................... 45
6.12. LOCAL SITE CONDITIONS ................................................................................................................................................. 45
6.13. CONTACTING THE PURCHASER ......................................................................................................................................... 46
6.14. MODIFICATION AND WITHDRAWAL OF BIDS ....................................................................................................................... 46
6.15. OPENING OF BIDS.......................................................................................................................................................... 46
6.16. EVALUATION OF BIDS ..................................................................................................................................................... 46
6.17. EVALUATION AND TABULATION OF COMMERCIAL BID ........................................................................................................... 49
6.18. CORRECTION OF ARITHMETIC ERRORS IN FINANCIAL BIDS...................................................................................................... 50
6.19. PRICE/ PURCHASE PREFERENCE IN EVALUATION ................................................................................................................... 50
6.20. NEGOTIATIONS ............................................................................................................................................................. 50
6.21. SELECTION METHOD ...................................................................................................................................................... 51
6.22. LACK OF COMPETITION ................................................................................................................................................... 51
6.23. POST QUALIFICATION AND AWARD CRITERIA ...................................................................................................................... 51
6.24. RIGHT TO VARY SCOPE OF CONTRACT AT THE TIME OF AWARD ............................................................................................... 51
6.25. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS .................................................................................................. 52
6.26. NOTIFICATION OF AWARD ............................................................................................................................................... 52
6.27. SIGNING OF CONTRACT................................................................................................................................................... 52
6.28. BANK GUARANTEE FOR CONTRACT PERFORMANCE .............................................................................................................. 52
6.29. CONFIDENTIALITY OF THE DOCUMENT ............................................................................................................................... 52
6.30. REJECTION CRITERIA ...................................................................................................................................................... 53
6.31. CONCESSIONS PERMISSIBLE UNDER STATUTES...................................................................................................................... 53
6.32. INCOME TAX LIABILITY.................................................................................................................................................... 54
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7.
SECTION VII – GENERAL TERMS AND CONDITIONS OF CONTRACT ......................................................................... 54
7.1. DEFINITIONS:.................................................................................................................................................................. 56
7.2. INTERPRETATION ............................................................................................................................................................. 58
7.3. CONDITIONS PRECEDENT .................................................................................................................................................. 58
7.4. REPRESENTATIONS & WARRANTIES .................................................................................................................................... 59
7.5. SCOPE OF WORK / CONTRACT ............................................................................................................................................ 60
7.6. DURATION OF THE CONTRACT ............................................................................................................................................ 61
7.7. BANK GUARANTEE........................................................................................................................................................... 61
7.8. OPERATION AND MAINTENANCE BIDDER OBLIGATIONS .......................................................................................................... 61
7.9. DATA CENTRE FMS TEAM ................................................................................................................................................ 62
7.10. STATUTORY REQUIREMENTS ............................................................................................................................................ 63
7.11. CONTRACT ADMINISTRATION........................................................................................................................................... 63
7.12. RIGHT OF MONITORING, INSPECTION AND PERIODIC AUDIT ................................................................................................... 63
7.13. ODISHA COMPUTER APPLICATION CENTRE OBLIGATIONS ...................................................................................................... 64
7.14. LIMITATION OF LIABILITY ................................................................................................................................................. 64
7.15. INFORMATION SECURITY ................................................................................................................................................. 64
7.16. OWNERSHIP OF EQUIPMENT............................................................................................................................................ 65
7.17. TRANSIT RISKS .............................................................................................................................................................. 65
7.18. INSURANCE .................................................................................................................................................................. 65
7.19. INCIDENTAL SERVICES ..................................................................................................................................................... 65
7.20. WARRANTY .................................................................................................................................................................. 66
7.21. SUBCONTRACTING BY BIDDER .......................................................................................................................................... 66
7.22. PERFORMANCE AND SPARES ............................................................................................................................................ 66
7.23. INDEMNITY .................................................................................................................................................................. 66
7.24. CONFIDENTIALITY .......................................................................................................................................................... 66
7.25. PRICES ........................................................................................................................................................................ 67
7.26. CHANGE ORDERS / ALTERATION / VARIATION ..................................................................................................................... 68
7.27. SUSPENSION OF WORK ................................................................................................................................................... 70
7.28. COMPLETION OF CONTRACT ............................................................................................................................................ 71
7.29. PAYMENT TERM AND SCHEDULE....................................................................................................................................... 71
7.30. EVENTS OF DEFAULT ...................................................................................................................................................... 72
7.31. CONSEQUENCES IN EVENT OF DEFAULT.............................................................................................................................. 73
7.32. TERMINATE THE CONTRACT ............................................................................................................................................. 73
7.33. TERMINATION............................................................................................................................................................... 74
7.34. CONSEQUENCES OF TERMINATION .................................................................................................................................... 74
7.35. PENALTY ...................................................................................................................................................................... 75
7.36. EXTENSION IN DELIVERY PERIOD AND LIQUIDATED DAMAGES (LD) ......................................................................................... 76
7.37. DISPUTE RESOLUTION .................................................................................................................................................... 77
7.38. LIMITATION OF BIDDER LIABILITY TOWARDS OCAC .............................................................................................................. 78
7.39. CONFLICT OF INTEREST ................................................................................................................................................... 78
7.40. SEVERANCE .................................................................................................................................................................. 79
7.41. GOVERNING LANGUAGE ................................................................................................................................................. 79
7.42. NO CLAIM CERTIFICATE .................................................................................................................................................. 79
7.43. PUBLICITY .................................................................................................................................................................... 79
7.44. FORCE MAJEURE ........................................................................................................................................................... 79
7.45. GENERAL ..................................................................................................................................................................... 80
7.46. SPECIAL CONDITIONS OF THE CONTRACT ............................................................................................................................ 81
8.
SECTION VIII - BILL OF MATERIAL (BOM) ............................................................................................................... 83
9.
SECTION IX - FORMATS TO RESPONSE TO THE TENDER - TECHNICAL BID ............................................................... 95
9.1. FORMAT 1 - TECHNICAL BID LETTER .................................................................................................................................... 95
9.2. FORMAT 2 - GENERAL INFORMATION ABOUT THE BIDDER ....................................................................................................... 96
9.3. FORMAT 3 - PRE-BID QUERIES........................................................................................................................................... 96
9.4. FORMAT 4 - MANPOWER DETAILS ...................................................................................................................................... 97
9.5. FORMAT 5 - DEVIATIONS FROM TENDER TERMS & CONDITIONS ............................................................................................... 97
10.
SECTION X - FORMAT FOR RESPONSE TO TENDER - COMMERCIAL BID .............................................................. 98
10.1. FORMAT 1 - COMMERCIAL BID LETTER .............................................................................................................................. 98
10.2. FORMAT 2 - BREAKDOWN OF COST COMPONENTS ............................................................................................................ 100
11.
SECTION XI - PERFORMA .................................................................................................................................. 104
11.1. BIDDING DOCUMENT ACKNOWLEDGEMENT PERFORMA....................................................................................................... 104
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11.2. PERFORMA OF BANK GUARANTEE TOWARDS BID SECURITY ................................................................................................. 105
11.3. PERFORMA OF BANK GUARANTEE TOWARDS PERFORMANCE SECURITY .................................................................................. 107
12.
SECTION XII ANNEXURES ................................................................................................................................. 110
12.1. FORMAT 1 - PRE QUALIFICATION CHECK LIST.................................................................................................................... 110
12.2. FORMAT 2 - FOR SUBMISSION OF PROJECT REFERENCES FOR PRE QUALIFICATION EXPERIENCE .................................................. 114
12.3. FORMAT 3 - DECLARATION BY BIDDER REGARDING ESTABLISHMENT OF OFFICE IN BHUBANESWAR ............................................... 115
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
1. Section I - Invitation to Bidders / Important dates
The invitation to bid is for “Operations & Maintenance (FMS) for IT and Non IT Equipment’s installed at OSDC,
Bhubaneswar for a period of two years from the date of acceptance of Order”. The bidders are advised to study
the tender document carefully. 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, addresses and the overall eligibility criteria for the bidders.
1.1. Issuer
Odisha Computer Application Centre (OCAC)
1.2. Contact Person
Name of the Nodal Officer : General Manager (Admin)
 : 0674-2567280/2567295

 : N1/ 7D Acharya Vihar Square, PO: RRL, Near Planetarium, Bhubaneswar 751013.
1.3. Address for Bid Submission and Correspondence
Odisha Computer Application Centre
N1/ 7D, Acharya Vihar Square, Near Planetarium, PO: RRL, Bhubaneswar 751013.
Odisha, India
Ph : 0674-2582850/ 2588064
Website: www.ocac.in
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1.4. Terms of Reference
RFP Reference No.
Publication details
OCAC-NEGP-INFRA-0039-2014-15019
The RFP document can be downloaded from the website
http://www.ocac.in, http://www.odisha.gov.in
and the Central Public Procurement Portal at
http://tenders.gov.in.
Cost of Tender Document
Rs. 10,000/-
Bid Security (EMD)
Date Of Commencement of Bid
Rs. 15,00,000/04/05/2015
Last Date for submitting Pre-Bid queries through e-mail:
[email protected], [email protected]
11/05/2015 , 5:00 PM
Date and Time for Pre- Bid Conference
13/05/2015, 12:00 PM
Issue of Corrigendum if required
16/05/2015, 5:00 PM
Last date for submission of bids
25/05/2015, 3:00 PM
Opening of Pre qualification bids
25/05/2015, 4:00 PM
Evaluation of Pre qualification bids and notification to bidders
26/05/2015, 12:00 PM
Opening of Technical bids
28/05/2015, 11:00 AM
Date of Technical Presentation
28/05/2015, 12:00 PM
Declaration of short-list of bidders for commercial bid
02/06/2015, 5:00 PM
Opening of commercial bids
03/06/2015, 3:00 PM
Bid Validity
180 Days
1.5. Purchase of Bid document
1.5.1.Interested Bidders may obtain complete set of Bid document on submission of a written
application to:
Odisha Computer Application Centre,
N1/ 7D, Acharya Vihar Square, Near Planetarium, P.O. – RRL, Bhubaneswar 751013
Ph - 0674-2582850/ 2588064
Website: www.ocac.in
1.5.2.Application for the bid document should be accompanied by a payment of a non-refundable fee
of INR 10000/- (Rs. Ten Thousand Only) in the form of Demand Draft in favor of
Odisha
Computer Application Centre, payable at Bhubaneswar.
1.5.3.The complete bid document has also been published on the www.ocac.in, www.odisha.gov.in,
www.tenders.gov.in for the purpose of downloading. The downloaded bid document shall also be
considered valid for participation in the bid process but such bid documents should be submitted
along with the required Bid document fee as mentioned above in Section 1.4. In case the bid
document is downloaded from website, non-refundable Bid document fee in the form of demand
draft / cash has to be submitted in order to participate in the pre-bid meeting.
1.5.4.In case of any clarification with regards to the bid document the prospective buyers may get in
touch with the contact person as mentioned in Section 1.2. However the prospective bidders are
encouraged to undertake a preliminary study of the project, at their own cost, before submitting
the Bids.
1.5.5.OCAC/ IT Department, Govt. of Odisha, reserves the right to reject any or all the bids in whole or
in part at any time without mentioning any reason thereof.
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2 Section II – SDC Overview
2.1 Project Profile
Odisha State Data Centre (OSDC) is a core infrastructure project under National e-Governance Plan (NeGP)
implemented by Odisha Computer Application Centre (OCAC) in its own building over an area of 4000 Sqft
with a provision for future expansion. OSDC offers a suite of Services that provide a cost-effective strategy for
Departments/PSUs that need to quickly ramp up their IT infrastructures. Departments/PSUs, reserve/purchase
rack space and in return receive a secure area within OSDC to physically house equipment. The service
includes space in a controlled environment, regulated power supply, dedicated and shared network
connections, state-of-the-art security, fire detection and suppression, and many other valuable features.
Additional value-added services are offered as part of the Services including network and connectivity services,
remote hand support services, storage services, DR Service etc.
OSDC is envisioned as the ‘Shared, reliable and secure infrastructure services centre for hosting and
managing the e-Governance Applications of State and its constituent departments’. OSDC is envisaged to
establish a robust infrastructure to enable the Government to deliver the services quickly and effectively to its
stakeholders. Odisha State Data Centre, connected to the Odisha State Wide Area Network (SWAN), and
provides the access to the e-Governance applications & Services to Government employees through Intranet
and to the citizens through public Internet/ CSCs etc. Through such a Shared Service Centre implemented and
managed by a competent Bidder, the individual departments can focus more on the service delivery rather than
on the issues surrounding the Infrastructure.
Odisha State Data Centre provides many functionalities and some of the key functionalities are Central data
repository, Secure Data Storage, Online Delivery of Services, Citizen Information/ Services Portal, State
Intranet Portal, Disaster Recovery, Remote Management and Service Integration. The State Data Centre is a
key-supporting element of e-Government Initiatives & businesses for delivering services to the citizens with
greater reliability, availability and serviceability. OSDC provides better operations and management control
and minimize overall cost of Data Management, IT Management, Deployment and other costs.
2.2 Project Benefits
 Reduced cost of infrastructure creation, monitoring, management for Odisha and its constituent
departments.
 Enhanced reliability and security of information system through centralized management of IT
infrastructure by adopting the necessary measures and practices, such as
o Dynamic Scalability
o Centralized and simplified management
o Improved quality of data management
o Lower risk of data loss
o Higher availability of system and data – 24x7x365
o Better management of security and access control
o Guaranteed service levels
 Reduced administrative burden for state and its departments by avoiding necessity of vendor
management, addressing the technical issues surrounding the IT infrastructure on a standalone basis
by each department.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
 Efficient and effective management of information security issues across various government
departments.
 Availability of “IT infrastructure on demand” to various state departments and agencies.
 Aggregation of IT infrastructure (Hardware, Storage, Networking and Software) and management
resources.
 Optimal utilization by sharing of IT infrastructure resources to meet individual peak loads.
 Standardization of systems, improved scalability, and faster implementation cycle time.
 Stable and predictable physical and technical environment.
3 Section III - Eligibility Criteria
Sl. No.
1.
Clause
Documents Required
The bidder should be a company registered under the 1)
Companies Act, 1956 since last 5 years
Valid
copy
incorporation
of
Certificate
and
of
Registration
Certificates
Bidder should be an established Information Technology
Company/ IT System Integrator and should have been in the
2) Self Certification of being in the
business for a period of at least 5 years as on Information Technology business for
31.March.2015.
the last 5 years duly attested by
company
secretary/
charted
accountant should be attached
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
2.
Clause
Documents Required
The bidder must have executed/ executing at least one
i. Copy of Work Order + Copy of
work order of providing operation and maintenance
completion certificate from the
Services (FMS) to IT and Non IT equipments of Data
client
Centre
of
Government/
Semi-Government
/
PSU/
or
Scheduled Banks/ Limited companies having minimum
ii. Copy of Work Order + Phase
order value of Rs.250.00 Lakh for a year in any of last
wise Completion Certificate from
st
5 financial years as on 31 March 2015
the client
or
Must have executed/ executing two work orders as on
above with similar scope having a each order value of
Rs. 200 Lakh for a year in any of last 5 financial years
st
as on 31 March 2015
Or
Must have executed/ executing three work orders as on
above with similar scope having a each order value of
Rs. 120 Lakh for a year in any of last 5 financial years
st
as on 31 March 2015
Note:
1. 1. More than one work order against one tender shall be
treated as one work order. However, orders against rate
contract shall not be clubbed.
2. Value of FMS and Maintenance services shall only be
considered for qualification of bids. Assumed/ projected
values for such services shall not be considered.
Note:

3.
Bidder’s in house data centres shall not be
considered.
Average annual Turnover of the bidder from IT/ IT System CA Certificate with CA’s Registration
Integrator during the last three financial years as on 31st Number/ Seal for Net worth. . Copy
Mar 2014 as per the last published audited balance sheets, of the audited profit and loss account
should be at least Rs. 30.00 Crores.
of the company showing turnover of
The net worth of the bidder in the last financial year should
the company for last three years.
be Positive.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
4.
Clause
Documents Required
The bidder must have on its roll at least 100 technically a) Certificate from HR Head for
qualified professionals in, networking, systems integration, number of Technically qualified
and Data Centre management.
professionals employed by the
company along with copy of latest
EPF challan.
a) At least five resources should be ITIL/ CISSP certified.
b) The bidder should have experience in doing ISO 27001
& ISO 20000 certification for any data centre in last five
st
financial years as on 31 March 2015.
b)
Name of the employees along
with
certified
copies
of
the
certifications done, which are ITIL /
CISSP.
Certificates from the client showing
the bidder has experience in doing
ISO 20000 & ISO 27001 certification
for data centre.
5
The bidder should furnish, as part of its bid, an EMD of
The bid EMD should be denominated
Rs. 15,00,000/- (Rupees Fifteen Lakh Only) as mentioned in Indian Rupees, and should be in
in terms of reference 1.4
the form of Demand Draft OR Bank
Guarantee issued by a Nationalized
Bank, in favor of Odisha Computer
Application
Centre,
payable
at
Bhubaneswar.
6.
The bidder shall not be under a Declaration of Ineligibility for Self Declaration in this regard by the
corrupt or fraudulent practices or blacklisted with any of the
authorized signatory of the Bidder
Government agencies.
7.
The bidder should have an office in Bhubaneswar. However,
Relevant
Documents
supporting
if the local presence is not there in the state, the bidder Office addresses/ Undertaking.
should give an undertaking for establishment of an office,
within one months of award of the contract.
8.
The bidder should have valid , ISO 9001:2008 Certification Valid certificate copies needs to be
as on last date of submission of bid.
9.
The bidder should submit
confirming following:
attached
valid letter from the OEMs a) Letter of Authorization from bidder.
b) Undertaking from OEM in tabular
form

Authorization for bidder

Confirm that the products would be covered under
comprehensive AMC for two years
Undertake that the support including spares, patches for the
quoted products shall be available for next 2 years.
OEM
Name
Product
c) Certificate
authorizing
Authorization
from
their
Operation
Validity
OEMs
for
respective
products.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
10.
Clause
Documents Required
The bidder must have up-to-date Income Tax Return\ PAN Copies of relevant Certificates of
Number, VAT and Service Tax Clearance Certificate as on Registration, Income Tax/ PAN
st
31 March 2014.
Number, VAT/ CST clearance
certificate
from
the
respective
Government Department.
11.
Bidder should: A Self Certified
a) not be insolvent, in receivership, bankrupt or being submitted.
wound up, not have its affairs administered by a court or a
judicial officer, not have its business activities suspended
and must not be the subject of legal proceedings for any of
the foregoing reasons;
b) not have, and their directors and officers not have, been
convicted of any criminal offence related to their
professional conduct or the making of false statements or
misrepresentations as to their qualifications to enter into a
procurement contract within a period of three years
preceding the commencement of the procurement process,
or not have been otherwise disqualified pursuant to
debarment proceedings;
c) not have a conflict of interest in the procurement in
question as specified in the bidding document.
d) comply with the code of integrity as specified in the
bidding document.
letter
to
be
4 Section IV - Scope of Work, Deliverables and Timelines
4.1 Scope of work (SoW)
The IT and Non IT infrastructure covered within the scope of work are mentioned at Section VIII
which includes various servers having different Operating Systems, Relational Data Base
Management System, PCs, Printers, Networking Devices, Leased Lines, OFC Cables, LAN Cables,
IOs, Racks, Cameras, DVR, Display Unit and other active and passive components constituting the
IT assets and Non IT assets of the OCAC under OSDC project.
To maintain such large infrastructure effectively without any interruptions to IT services to users/
departments, DCO is required to provide the following services 24 x7 for t h e entire contract period
from the date of iss ue of the work order .
1) Comprehensive Onsite Maintenance with spare parts for all equipment’s/ items mentioned
u n d e r Table 1 (A, B & C), 2 & 3, 5 and 6 in Section VIII and support service for software
mentioned in Table 4.
2) Facility M a n a g e m e n t S e r v i c e s f o r equipment’s/ items and related s e r v i c es a s
mentioned in Section VIII and any other items added during the contract period.
3) FMS support for the equipment’s installed in OSDC for User Department of SDC which is not
included in under Section VIII.
4.1.1. Comprehensive Onsite Maintenance with spare parts for equipments and software.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
DCO is required to provide the Comprehensive Onsite Maintenance with part replacement for all
the IT and Non IT equipment’s. The expiry dates of warranty/ maintenance services of these
equipment’s, to the extent known, have been provided in Section VIII. It is clarified that DCO is
required to provide the Comprehensive Onsite Maintenance with part replacement for all the
hardware mentioned in Section VIII for which, wherever felt necessary, the bidder may have
back to back arrangement with respective OEM to ensure quality services. The DCO should
procure level 1 support for managing software used in Storage, Backup, BMS,EMS and
networking devices.
4.1.2. Facility Management Services for equipments/Items.
The DCO shall provide Facility Management Services (FMS) including day-to-day operations of
OSDC, IT and Non IT equipments mentioned u n d e r Section VIII for entire contract period along
with any FMS related activities required by OIC-SDC/SIA.
4.1.2.1. Asset Management Services
a) OCAC will provide the current list of OSDC assets to the selected DCO .The DCO shall be
required to create and maintain a database of all IT a n d N o n I T assets procured/
installed i n OSDC as per the following details:
I)
The database should have information like Asset ID, make, model, configuration
details, serial numbers, licensing agreements, warranty and AMC details, place of installation
etc.
II)
The DCO shall be required to create and maintain Software
inventory
with
information such as Licenses, Version Numbers and Registration Details.
b)
The DCO shall be required to record installation and removal of any equipment and
inform to OCAC even if it is temporary
c)
The DCO shall be required to register all software (in case not registered) with
respective OEMs.
d) The DCO shall be required to perform software license management and notify Project
Manager Composite Team/ OCAC on licensing contract renewal before 3 months of
expiry.
e) The DCO shall use existing software for Asset Management Services.
4.1.2.2. Preventive Maintenance Services
The DCO shall provide preventive maintenance services for all the equipments for which
maintenance services are to be provided by DCO at least once in every quarter. The
preventive maintenance shall include a) Cleaning and removal of dust and dirt from the interior and exterior of the equipment.
b) Conduct inspection (check for loose contacts in the cable and connections etc.), testing,
satisfactory execution of diagnostics and necessary repairing of equipment.
c) DCO shall intimate and take approval from P r o j e c t M a n a g e r C o m p o s i t e T e a m
before carrying out a n y preventive maintenance activity.
d) DCO should maintain all the logs of Preventive Maintenance carried out for IT and Non IT
equipments in every quarter and the same should be verified by Composite Team.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
4.1.2.3. Corrective Maintenance Services
The details of the work to be undertaken by DCO are as follows:
a) Troubleshooting
of
problems
related
to
the
equipments/ network/ services
and
rectification of the same as per contract and SLA.
b) Repairing of defective parts/ components.
c) Replacement of parts/ components b e yo n d repair with parts/ components o f same or
better specifications ensuring compatibility without any additional cost to OCAC.
d) Providing suitable standby for parts/ components with same or better specifications till the time
the original part/ component if repaired or replaced so that daily business is not affected. The
cost for repair and replacement shall be borne by the selected bidder.
e) The Maintenance
support
for equipments
shall
include
all passive
components
including, screws, clamp, fasteners, ties anchors, supports, ground strips, wires, fibre
connecting kits, gears, spares, power-cables, Network cables etc.
f)
Maintenance support services pertaining to Cabling and OFC shall include:
i. Splicing, digging, repairing & testing of OFC.
ii. All the UTP, fibre & power cables should be tagged with labelling tag for proper
identification of source and destination.
iii. Re-fixing/shifting
of cables/ OFC whenever
switches
and racks are shifted
or
otherwise.
iv. Removing and laying of UTP cable and I/Os with casing, etc. in case renovation
activity is undertaken in any building covered under the project.
v. Replacement/repair of OFC/ UTP/ Power cables & connectors/ ports/ equipment on
entire laying route.
vi. Maintenance of cables and conduits of equipments mentioned in Section VIII.
g) Documentation of problems, isolation, cause and rectification procedures for building
knowledge base for the known problems.
h) The selected bidder shall have to stock and provide adequate onsite and offsite spare parts
and spare component to ensure that the uptime commitment as per SLA is met. To provide this
service it is important for the selected bidder to have back to back arrangement with the OEMs/
OEMs authorized partner. The selected bidder needs to provide a copy of the service level
agreement signed with the respective OEMs.
i)
The selected bidder shall also maintain records of all maintenance carried out for the IT & Non
IT resources of SDC and shall maintain a logbook on-site that will be inspected by Composite
Team/ OCAC at any point of time.
4.1.2.4. Configuration and reconfiguration
a) The DCO shall be responsible for configuration/ re-configuration/ rollback of all the equipments/
Software / services under OSDC project as and when required.
b) The DCO shall maintain a record of hardware and software configurations
of all
equipments including the details of different policies implemented on the devices such as VLAN
configurations,
access control lists, routing filters, clustering details etc. DCO shall keep
regular backups of the configurations of each of the devices and update the update the same to
Project Manager CT..
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
c) DCO shall adhere to the change management procedures already defined to ensure that no
unwanted changes are carried out on the devices. All the changes must be formally approved
by the PM OSDC.
The OCAC /designated agency shall communicate such change
management procedures and their amendments made time to time to all stake holders of
OSDC
d) DCO shall do proper version management of these configurations as per ISO.
e) DCO shall ensure that these configurations are not accessible in general and must be
kept confidential with the Project Manager CT/ OCAC as per security policy of Data centre.
4.1.2.5. Vendor Management Services
DCO shall coordinate with external vendors for upkeep of equipments/ software/ services to
meet the SLA and shall liaison with respective vendors/ OEMS for repairs/ replacement of items
and/or update/ upgrade/ troubleshoot the software/ services. To perform this activity, the DCO
shall
a) Maintain equipment/ software/ service wise database of the various vendors and service
providers
with details like contact person, telephone numbers, escalation
matrix,
response time and resolution time commitments, expiry date of Maintenance Services/
Warranty/ Software Assurance/ Support etc.
b) Log and escalate the calls with respective vendors/ OEM/ service providers within
immediate occurrence of incident/ problem, repetitive pursuance and coordinate with them
to get the equipment repaired/ problems resolved as per SLA.
4.1.2.6. Network Management Services
A LAN
has been established in the State Data Centre connecting various equipments
including servers, SAN, Tape Library, Network switches, Routers, Firewall, IDS /IPS,
Server Load Balancer, ACS Server etc. A NOC has been established at OSDC to monitor and
manage the internal network. Besides internal network, different networks of various colocation/ migration departments and OSWAN
has been integrated with OSDC
network
enabling access to various services being provided by OSDC using these networks. The
National Knowledge Network (NKN) has been integrated with OSDC network through which
Internet Bandwidth is made available to OSDC. In Addition to NKN, Internet leased line(s) from
ISPs have also been terminated and integrated with OSDC Network.
The scope of work under network management services would include –
a) To ensure continues operation and upkeep of the LAN Infrastructure at the OSDC
including all active and passive components so that the network is available 24 x7 as per
the prescribed SLA.
b) Configuration/ Reconfiguration/ deployment and Management of various policies like
Security policies, Access policy, IP Policy, routing policy, firewall policies etc. as per ISO
requirements for providing accessibility between external links and their infrastructure
hosted at OSDC in co-ordination with respective vendors including but not limited to
opening/closing of specific ports on network devices.
c) Configuration,
management
and maintenance
of Network
Management
Software
deployed at OSDC.
d) Performance tuning to ensure resilient performance, reliability and high availability of the
network services.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
e) Management and maintenance of internet bandwidth / links provided by NKN, BSNL and
Other ISPs.
f)
Management
of NKN Network in co-ordination
with National Informatics
Centre,
Bhubaneswar /Delhi and BSNL link with NIB Bhubaneswar.
g) Maintenance of physical link established between OSWAN and OSDC over OFC and
integration of this link with OSDC network.
h) The DCO shall also be responsible for integration, management, maintenance
configuration/ reconfiguration of any additional Internet Bandwidth/ networks which needs
to be integrated with OSDC network during the entire contract period.
i)
The DCO shall be responsible to monitor the availability of various links and their packet
drop, latency and utilization at OSDC network .The DCO shall also maintain logs on the
basis of time, interface, IP address, application wise etc. for traffic analysis
for the
requisite period defined in respective policies.
j)
DCO shall be responsible for upgrade of all network devices with latest version of IOS,
Signature, and Firmware etc.
4.1.2.7. Server Management Services
a) DCO shall manage the servers on end-to-end basis including server administration,
performance tuning, hardware and software support and upkeep of the server. The DCO shall
also undertake installation/ re-installation of all the servers in terms of operating system,
databases, clusters, virtualization, Application Server software, latest Software updates/
upgrades, patches etc.
b) DCO shall provide device/ peripherals management, user management, file system
management, files management services for the servers.
c) DCO shall implement operating system security/ hardening and application server software
level security for the servers.
d) Regular analysis of events and logs generated in all the sub-systems including but not limited
to servers, operating systems, security devices, etc. to identify vulnerabilities. Action shall be
taken in accordance with the results of the log analysis.
e) DCO shall assign rights on servers to different user’s w.r.t FTP, Remote Access etc. as per
defined policies.
f)
DCO shall also maintain and manage Domain Name Server (DNS).
g) Documentation of all server configurations should be readily available with DCO.
h) Regular patch update and Firmware upgrade should be carried out.
4.1.2.8. Backup & Recovery Management Services
a) DCO shall ensure periodic backups of all the servers OS through the backup servers
installed in State Data Centre as per policy/ guidelines.
b) The DCO shall restore the backups in periodic manner for confirmation of successful backup
taken by the back up service of SDC.
c) DCO shall be responsible f or proper labelling and housing of the backup media for
identification and retrieval.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
d) DCO
shall
be
responsible
for
Backup
tool
and
Storage
Manager
Installation,
configuration, administration, maintenance and troubleshooting.
e) Monitoring and enhancing the performance of scheduled backups, Schedule regular testing of
backups and ensuring adherence to related retention policies as defined in OSDC ISO policy.
f)
Real-time monitoring, log maintenance and reporting of backup status on a regular basis.
4.1.2.9. Help Desk Support
The help desk service will serve as a single point of contact for all incidents and service
requests. The service will provide a Single Point of Contact (SPOC) and also resolution of
incidents. The scope of work includes
a) The DCO shall provide 24 x 7 help desk support from State Data Centre to all Users/ User
departments whose servers are hosted in OSDC.
b) The DCO shall maintain existing ITIL Compliant helpdesk tool as mentioned in the BOM given
at
Section VIII Table 4 (Sl. No. 10 to 16 in Table 4)
including
configuration/
reconfiguration/ upgrade/ update.
c) DCO shall log all calls received through any medium viz. telephone/ email/ in writing/ in
person, shall generate a ticket mentioning type of problem, Severity
level etc. using
helpdesk tool and forward the same to concerned FMS team/ person, Project OIC(s) and
user.
d) The DCO shall provide various services to different users on demand basis as and when
required as mentioned in RFP. The request would be made on help desk by the user by
dedicated help line number/ Specific email account and DCO shall get approval from the
officer in charge of OSDC project as designated by the OCAC. The resolution time for such
services would be as per SLA. However, the OCAC/ authorized entity may scale up the
severity level depending upon the requirements.
Telephone facility shall be provided in Helpdesk Services.
The indicative lists of such services are as under –

Change Request for opening/closing of a Port on device

Request for FTP rights

Request for Internet Access

Request for DNS Entry

Request
for
uploading
of
Web
Site/ Applications/ Databases
on Web/
Application/ database servers in non-virtualized, virtualized environment in SDC/
DR Site as per the requirement.

Change request for Routing Policies

Change Request for Firewall Policy

Request for Installation/Re-Installation of Servers

Request for Installation/Re-Installation of Databases

Request for assigning rights on devices/servers/database
4.1.2.10. BMS Services
The DCO shall do the following activities:
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
a)
Monitoring and resolution of all alarms related to IT and Non IT equipments integrated with
BMS such as fire, temperature, humidity, surveillance through camera, DG, UPS etc. and
updating relevant records.
b) Maintaining all logs and CCTV footage as per prevailing guidelines/ policies.
c) Reporting problems to the OCAC/ CT and supervision
of repair/ solution.
d) Monitoring of Smoke detector, TEMA power & server, VESDA etc.
e) Arranging Mock-drill as & when required / desired by the OCAC. This will include deassembling FM-200 Gas Cylinders from the system, placing fake gas cylinders to the system,
testing functionality of fire safety system and re-assembly of FM-200 Gas cylinders to
the file safety system (in auto mode). During assembly / de-assembly of FM-200 Gas
cylinders, if the gas is released, the DCO has to get the gas re-filled in the cylinders, to the
satisfaction of the OCAC, on its own cost.
f)
Maintenance of DG, UPS, PAC, CAC, LT Panel, Sync Panel and other electrical and nonelectrical equipments installed in OSDC.
g) BMS devices should be integrated with EMS for effective monitoring of Non IT resources.
h) Any other relevant duty asked by the OCAC/ CT related to BMS
4.1.2.11. Database Management Services
a) DCO will make use of OEM as well as performance and monitoring tools to monitor and
manage database.
b) DCO shall undertake tasks of managing changes to database schema, disk space,
storage, user roles.
c) DCO shall
periodically perform configuration checks and
fine tune the databases with
respect to performance and proactive identification of potential problems
d) DCO shall provide performance monitoring, Maintenance and tuning of the databases on a
regular basis as well as proactive health check-ups.
e) DCO shall manage and install client software for configuring database connectivity, database
upgrade, patch upgrade, patches, and updates as and when required with planned minimal
downtime.
f) DCO shall provide database performance and health reports to the OCAC/ CT as per OSDC
ISO policy..
g) DCO shall assign rights on database for different users.
h) DCO shall upload / create users and tables in the data base.
4.1.2.12. Storage Administration and Management Services
The bidder shall be responsible for the configuration/ reconfiguration and management of the
storage solution and shall provide the following services:
a) Manage key resources in the Storage solution
b) Manage interconnects between key resources in the Storage solution
c) Receive
asynchronous
notification
that the configuration
of the Storage solution has
changed
d) Manage the health of key resources in the Storage solution
e) Manage the available performance of interconnects in the Storage solution
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
f) Receive asynchronous notification that the performance of the Storage interconnect solution
has changed
g) Manage the zones being enforced in the Storage solution
h) Manage the storage volumes in the Storage solution
i) Manage the connectivity and access rights to Storage Volumes in the Storage solution
4.1.2.13. Security Administration and Management Services
The objective of this service is to provide a secure environment in compliance to the ISO security
policy. This service includes:
a) Addressing
the on-going
needs of security management
including,
but not limited to,
monitoring, troubleshooting of various devices/ tools such as firewall, IPS/ IDS, virus
protection,
and
vulnerability
protection
through
implementation
of proper
patches,
procedures and rules.
b) Maintaining an updated knowledge base of all the published security vulnerabilities and virus
threats for related software and microcode etc.
c) Ensuring that latest patches/ workarounds for identified vulnerabilities are applied
immediately. Any up-gradation of software such as antivirus signatures etc. in OSDC shall be
the responsibility of the DCO during the entire contract period of FMS. DCO shall enforce
update/ upgrade management.
d) Respond to security breaches or other security incidents by taking corrective measures,
providing guidelines to users and coordinate with respective OEM in case a new threat is
observed to ensure that workaround /patch is made available for the same.
e) Maintenance
maintaining
and management
firewall
services
intrusions or unauthorized
of security devices, including, but not limited to
to restrict
network
protocols
and traffic,
detecting
access to networks, systems, services, applications or data,
protecting email gateways, firewalls, servers, from viruses.
f) Ensuring that the security policy is maintained and updates to the same are made
regularly as per ISO 27001 and ISO 20000 guidelines.
g) Compliance of security regulations defined by GoI/ GoO or any other Govt. Authorized agency
such as CERT-IN etc.
4.1.2.14. Physical Security Services
The objective of this service is to provide a physically secure environment. Manpower would be
deployed by DCO as per Manpower requirements table as specified in the RFP document. This
service includes:
a) Monitoring
every personnel
entering
the data centre
including
maintaining
entry
registers for working personnel /visitors as per directions/ guidelines issued.
b) Frisking bags of personnel entering the data centre to ensure that it does not contain any
item/ device which can be used to breach information security at the data centre.
c) Security personnel should be well versed with ISO 27001 requirements of physical
security.
4.1.2.15. Certifications and Maintenance/ Continuity of Certifications
a) OSDC is ISO 27001:2005 and ISO 20000:2011 certified.
certifications,
Initial Draft
the
DCO
is
required
to
maintain/ adhere
For the continuity of these
to
all
the
policies/ best
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
practices
and
maintaining
ensure proper documentation/ updation of documents from time to time for
the certification.
b) DCO would be responsible for operating, monitoring,
reviewing, maintaining and improving
the Information Security Management System and Facility Management Services at the
OSDC throughout the contract period
c) At present the ISO 27001:2005 certificate is valid till 26/04/2016 and ISO 20000:2011 is valid
till 26/04/2016. DCO has to coordinate with authorized certifying agencies for maintaining the
continuity and up-gradation of the certifications as per the current ISO version standard and
receive
the required certification
from authorised certifying agencies for the entire contract
period. The DCO will correspond with and provide all relevant information to the certifying
agencies for this purpose.
The cost incurred for obtaining and maintaining the
certification shall be borne by the DCO for the entire contract period.
d) A Internal Audit Team constitute with CT Member / OCAC officials will perform the internal
audit of OSDC ISO 27001 and ISO 20000 on half yearly basis. Audit finding report should be
submitted to Project Manager –CT / OCAC within one month of audit completion..
4.1.2.16. Exit Management
a) Preamble
i. The word “Parties” includes the procuring entity and the selected bidder.
ii. This Schedule sets out the provisions, which will apply on expiry or termination of the
Project Implementation and Operations and Management of SLA.
iii. In the case of termination of the Project Implementation and/ or Operation and
Management SLA due to illegality, the Parties shall agree at that time whether, and
if so during what period, the provisions of this Schedule shall apply.
iv. The Parties shall ensure that their respective associated entities carry out their
respective obligations set out in this Exit Management Schedule.
b) Transfer of Assets
i.The selected bidder may continue work on the assets for the duration of the exit
management period which may be Six Months period from the date of expiry or
termination of the agreement, if required by OCAC to do so. During this period, the
selected bidder will transfer all the assets in good working condition and as per the
specifications of the bidding document including the ones being upgraded to the
department/
designated
agency.
The security deposit/ performance security
submitted by selected bidder will only be returned after the successful transfer of the
entire project including its infrastructure.
ii.The selected bidder, if not already done, will transfer all the Software Licenses under
the name of the OCAC, GoO as desired by the procuring entity during the exit
management period.
iii.OCAC during the project implementation phase and the operation and management
phase shall be entitled to serve notice in writing to the selected bidder at any
time during the exit management period requiring the selected bidder to
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
provide OCAC or its nominated agencies with a complete and up-to-date list of
the assets within 30 days of such notice.
iv.Upon service of a notice, as mentioned above, the following provisions shall apply:
a) All title of the assets to be transferred to OCAC or its nominated agencies
pursuant to clause(s) above shall be transferred on the last day of the exit
management period. All expenses occurred during transfer of assets shall be
borne by the selected bidder.
b) That on the expiry of this clause, the selected bidder and any individual
assigned for the performance of the services under this clause shall handover
or cause to be handed over all confidential information and all other related
material in its possession, including the entire established infrastructure supplied
by selected bidder to OCAC.
c) That the products and technology delivered to OCAC during the contract term or
on expiry of the contract duration should not be sold or re-used or copied or
transferred by selected bidder to other locations apart from the locations
mentioned in the this bidding document without
prior
written
notice
and
approval of OCAC. Supplied hardware, s of tware & documents etc., used by
selected bidder for OCAC shall be the legal properties of OCAC.
c) Cooperation and Provision of Information during the exit management period
i. The selected bidder will allow OCAC or its nominated agencies access to the
information reasonably required to define the current mode of operation associated
with the provision of the services to enable OCAC or its nominated agencies to
assess the existing services being delivered.
ii. The selected bidder shall provide access to copies of all information held or controlled by
them which they have prepared or maintained in accordance with the Project
Implementation, the Operation and Management SLA and SOWs relating to any
material aspect of the services provided by the selected bidder. OCAC or its
nominated agencies shall be entitled to copy all such information comprising of
details pertaining to the services rendered and other performance data. The
selected bidder shall permit OCAC or its nominated agencies and/ or any
replacement operator to have reasonable access to its employees and facilities as
reasonably required by OCAC or its nominated agencies to understand the
methods of delivery of the services employed by the selected bidder and to assist
appropriate knowledge transfer.
d) Confidential Information, Security and Data
The selected bidder will promptly on the commencement of the exit management period
supply to OCAC or its nominated agencies the following:
i. Documentation relating to Intellectual Property Rights;
ii. Project related data and confidential information;
iii. All current and updated data as is reasonably required for purposes of OCAC or its
nominated agencies transitioning the services to its replacement selected bidder in
a readily available format nominated by OCAC or its nominated agencies; and
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
iv. All other information
(including
but
not
limited
to
documents,
records
and
agreements) relating to the services reasonably necessary to enable OCAC or its
nominated agencies, or its replacement operator to carry out due diligence in order
to transition the provision of the services to OCAC or its nominated agencies, or its
replacement operator (as the case may be).
v. Before the expiry of the exit management period, the selected bidder shall deliver to
OCAC or its nominated agencies all new or up-dated materials from the categories
set out above and shall not retain any copies thereof, except that the selected bidder
shall be permitted to retain one copy of such materials for archival purposes only.
e) Transfer of certain agreements
i. On request by Procuring entity or its nominated agencies, the selected bidder shall effect
such assignments, transfers, innovations, licenses and sub-licenses as Procuring entity
or its nominated agencies may require in favor of procuring entity or its nominated
agencies, or its replacement operator in relation to any equipment lease, maintenance
or service provision agreement between selected bidder and third party leasers,
operators, or operator, and which are related
to the services
and reasonably
necessary for carrying out of the replacement services by OCAC or its nominated
agencies, or its replacement operator.
ii. Right of Access to Premises: At any time during the exit management period and for such
period of time following termination or expiry of the SLA, where assets are located at the
selected bidder’s premises, the selected bidder will be obliged to give reasonable rights
of access to (or, in the case of assets located on a third party's premises, procure
reasonable rights of access to OCAC or its nominated agencies, and/ or any
replacement operator in order to inventory the assets.
f) General Obligations of the selected bidder
i. The selected bidder shall provide all such information as may reasonably be necessary to
effect as seamless during handover as practicable in the circumstances to OCAC or its
nominated agencies or its replacement operator and which the operator has in its
possession or control at any time during the exit management period.
ii. The selected bidder shall commit adequate resources to comply with its obligations under
this Exit Management Plan.
g) Exit Management Plan
i. The selected bidder shall provide OCAC or its nominated
agencies 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 SOWs.
ii. A detailed program of the transfer process that could be used in conjunction
with a replacement operator 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; and
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
iii. Plans for the communication
with such of the selected bidder's, staff, suppliers,
customers and any related third party as are necessary to avoid any material
detrimental impact on OCAC operations as a result of undertaking the transfer; and
iv. If applicable, proposed arrangements and Plans for provision of contingent support in
terms of business continuance and hand holding during the transition period, to
OCAC
or
its nominated agencies, and Replacement Operator for a reasonable
period, so that the services provided continue and do not come to a halt.
v. The Bidder shall re-draft the Exit Management Plan annually after signing of contract to
ensure that it is kept relevant and up to date.
vi. Each Exit Management Plan shall be presented by the selected bidder to and approved
by OCAC or its nominated agencies.
vii. In the event of termination or expiry of SLA, Project Implementation, Operation
and Management SLA or SOWs each party shall comply with the Exit Management
Plan.
viii. During the exit management period, the selected bidder shall use its best efforts to
deliver the services.
ix.Payments during the Exit Management period shall be made in accordance with the
Terms of Payment Clause.
x.It would be the responsibility of the selected bidder to support new operator during the
transition period.
4.1.3.
Support to the users department of OSDC
Various departments of Govt. of Odisha have co-located their hardware and software such as
servers, storage & racks (optional), operating systems, applications etc. to avail the different
types of services provided by the SDC. All the managed devices e.g. server, networking
devices of user department using internal private network of SDC should be integrated with
the EMS system of SDC for effective monitoring.
services like space, uninterrupted
fighting
The DCO would provide the common
power, cooling and physical security
including
fire
and Surveillance, path of user’s own connectivity , secured network connectivity
,physical operation support (like switching on/off of equipment, plugging/unplugging power &
network cables, placing/ removing media such as CD/DVD in physical drive, escorting of
service engineer to equipment
location
etc.) for existing
co-located
infrastructure
as
well as any other infrastructure that may be co-located in future during the project period.
For monitoring this managed device if any additional licenses are required then the cost will
be borne by OCAC. DCO may be directed to carry out the AMC of all the
hardwares’ of user departments,
collocated
DCO would be paid 3% per quarter of the cost of the
procurement of hardware beyond the warranty period subject to approval of the Government.
4.2 Roles and Responsibilities of other Stakeholders
a) It is the responsibility of OCAC to provide diesel for DG sets and telephone bill for OSDC
operation.
b) It is the responsibility of the Third Part Auditor/ designated agency of OCAC to perform the
SLA Audit and submit report to OCAC/ PM - CT.
c) The cost of electricity and ISP charges shall be paid on actual consumption basis by OCAC.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
4.3 Project Deliverables
a)
The DCO shall have to submit certain key deliverables which are mentioned hereunder at given
frequency.
b) The formats for all the reports shall be prepared by the DCO and submitted to the purchaser for
approval. The reports submitted by the DCO should strictly be in the approved format only which,
if required, may be revised from time to time.
c) The quarterly payment shall be made only after receipt of deliverables which have to be
submitted on quarterly basis as mentioned below in Section V – Service Level Agreement.
d) DCO has to provide all the reports and deliverables mentioned above and provide any additional
reports as required by OCAC.
e) All office stationeries and consumables (like paper, cartridge, stapler, marker, file, etc.) as required
for day to day operation and for printing of reports has to be provided by DCO
5. Section V - Service Level Agreement
The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define the levels of
service which shall be provided by the selected bidder to the tendering authority for the duration of this
contract.
The benefits of the SLA are as follows:
 Increasing customer satisfaction with IT services
 Reducing the risk of not meeting business requirements for IT services
 Better communication and information flows between IT staff and customers
 Standards and guidance for IT staff
 Greater productivity and better use of skills and experience
 A quality approach to IT services
The tendering authority will regularly review the performance of the services being provided by the selected
bidder and impose penalties if any deficiency is found in the services.
It is acknowledged that service levels may change as service needs evolves over the course of the contract.
The present SLAs have been worked out on the basis of current expectations. Service levels between the
OCAC and bidder can be revised after the start of O & M phase in view of experience gained. The experience
gained during this period will be used to fine tune the SLAs, including parameters, targets and penalties, if
required.
Any changes to the levels of services provided during the project period will be requested,
documented and negotiated in good faith by both parties. Either party can request a change. Changes will be
documented as an addendum to the contract.
The selected bidder will provide 24x7x365 operation and maintenance services for the entire contract period.
The scope of services for overall Physical and IT infrastructure management as per ITIL framework during this
period shall include 24x7X365 Monitoring, Maintenance and Management of the entire Data Centre, along with
providing Helpdesk services. The scope of work during the operations phase is divided into following areas
which are tabled below:
 System Administration, Maintenance and Management Services
 Network Management Services
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
 Server and Storage Administration and Management Services
 Security Administration and Management Services
 Backup & Restore Services
 Physical Infrastructure Management and Maintenance Services
 Helpdesk Services
 BMS Services
 Database Management
5.1. Definitions
For purpose of this Service Level Agreement, the definitions and terms as specified in the contract
along with the following terms shall have the meanings set forth below:

"Availability" shall mean the time for which the services and facilities are available for
conducting operations from the equipment hosted in the Data Centre.

“Downtime” is the time the services and facilities are not available and excludes the scheduled
outages planned in advance for the Data Centre and the link failures that are not DCO’s
responsibility.

"Helpdesk Support" shall mean the 24x7x365 centre which shall handle Fault reporting,
Trouble Ticketing and related enquiries during this contract.

“Incident” refers to any event / abnormalities in the functioning of the Data Centre Equipment /
Services that may lead to disruption in normal operations of the Data Centre services.

“Service Window” shall mean the duration for which the facilities and services shall be
available at the Data Centre. Service window in this case shall be 24x7x365.
5.2. Setting Priority Levels
The Helpdesk will make every effort to resolve issues at the time of the service call. This will be the
initial method for resolving issues before assigning a priority level. Helpdesk staff will log and assign
priorities for all requests not resolved at the time of the call.
Incident priority is primarily formed out of its Impact and Urgency. The helpdesk will maintain a matrix as
per the EMS deployed which will automatically calculate incident severity out of the simple value of
Impact x Urgency.

Impact of the incident is the measure of how business critical it is.

Urgency is a necessary speed of resolving an incident.
Severity = Impact X Urgency
5.3. Severity for critical components
Severity levels for some of the services are given below. OCAC reserves the right to define severity
levels of services not mentioned below. The severity level of each component defines by its importance
in the infrastructure and its impact in case of failure as detailed below.
5.3.1. Severity Level - 1: Denial of services/ Standard Compliance due to total breakdown/ failure of
any one of the equipment/ component installed in SDC. Apart from this hacking of website / data,
Virus Attack (Malicious code) effecting Database system, System Software, data etc. will also
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
come under severity level 1. Services to public will come under this bracket as well. Equipments/
services and users covered under this level are:
The indicative list of such incidents/ request is as given below:
 Core Switch Failure
 Server Failure
 Link Load balancer Failure
 Internet Firewall Failure
 Internet Router Failure
 Internet IPS Failure
 Server Load Balancer Failure
 HIPS Failure
 Anti Virus Protection Failure
 Access Switch Failure
 Cluster Failure
 Application fails to start on cluster nodes
 Failure of SAN switch
 SAN / NAS (storage failure)
 Power Failure to Rack(s)
 Failure of Portal service
 Failure of DNS Service
 Failure of Directory Service
 Backup Server Failure
 Backup library Failure
 Cache / RAID Controller Failure
 Passive cable component connecting the above equipments etc.
 Physical Infrastructure components related to fire suppression
 Physical Infrastructure components related to security of server farm area
 Physical Infrastructure components related to PAC of server farm area
 UPS failure
 DG failure
 Sync Panel failure
 Tape Library Failure
 VTL Failure
 Database Failure
This is an indicative list and not exhaustive.
5.3.2. Severity Level - 2: Denial of services/ Standard Compliance due partial breakdown/ failure of
any one of the equipment/ component installed in SDC. The indicative list of such incidents/
request is as given below:
 Failure of network port
 Equipments/ Services covered under this level are
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
 Failure of power supply to servers
 Failure of cooling fans
 HBA failures
 NIC failure
 Failure of System
 Fibre optic cable failure
 Failure of modules / slot
 Tape drive failure
 Failure of SAN ports
 Failure of LUN's / Storage Volumes
 Zone policy enforcement
 PSU / Cooling Fan failure
 Failure of Fabric cable
 Failure of passive cable component connecting the above equipments etc
 Failure of physical Infrastructure components related to security of other area other than
server farm
 Failure of physical infrastructure components related to humidity control and comfort air
conditioning.
This is an indicative list and not exhaustive.
5.3.3. Severity Level - 3: Partial or total failure/ breakdown of any equipment/ component installed in
the data centre without disrupting any services and failure/ delay in undertaking and completing
activities listed below. This also includes any activity which can result in incidence of severity level
one or two due to non completion of this activity including but not limited to the
The indicative list of such incidents/ request is as given below:

OS deployment on new hardware

Patch installation within 2 weeks of release.

Acting on incidents which crosses threshold (/TMP/Storage space)

Failure of H/W up gradation request

Failure of Antivirus updates

Failure of Data archival request

Failure of Data restoration request

Failure of Planned Maintenance activities

Failure of Request for new backup policy

Failure of Monitoring SAN fabric / Storage / Backup events & respond to events crossing
threshold limits.

Failure of Adding new device to Fabric

Failure of Passive cable component connecting the above equipments etc.

Minor repairs of Physical Infrastructure components like breakage of tiles etc

Ensure adequate diesel supply is stocked all the time for running each DG set for at least 8
Hrs.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
This is an indicative list and not exhaustive.
5.4. Scheduled Downtime
Scheduled downtime means any time when the data centre services are unavailable because of urgent
maintenance activities* and any other scheduled maintenance or update activities that may or may not
be periodic, and that may be notified to client/ client organization at-least 48 hours in advance.
The downtime shall be calculated from the EMS or BMS, as may be applicable. In case, downtime of
any equipment/ services is not available on EMS/ BMS, it shall be calculated from the helpdesk.
*Urgent Maintenance activities are maintenance activities required by application or systems that
cannot be postponed until the next available or convenient maintenance window, and may include but
not limited to restarting applications, rebooting servers, applying patches or fixes, reconfiguring storage
allocation, reloading data and making DNS & firewall changes to close security holes.
5.5. SLA down Time Guidance
The calculation of downtime with reference to severity levels is as defined below for Data
Centre Uptime Reference Clause 5.6.1 (A) IT Infrastructure service levels Serial No 1:
Table A: Severity levels along with penalty
SL. No
Equipment Severity Level
Down time hours factored for SLA
1
Severity Level-1 equipments/ Services
2
Severity Level-2 equipments/ Services
3
Severity Level-3 equipments/ Services
Every 30 Minutes of failure is equal to 1
Hour of SLA downtime
Every 4 Hours of failure is equal to 1 hour
of SLA downtime
Every 8 hours of failure is equal to 1 hour
of SLA downtime
 In case of redundant Power supplies, if any of the power supply fails and a redundant power
supply is available and equipments are providing services, the down time at the severity level - 3
will be calculated instead of Severity level - 1 &2.
 In case an equipment remains non-functional for more than allowed hours of the severity level, the
severity level will go up for the device to the next higher level (i.e. If a equipment of severity
level-3 is non functional for more than 8 hours the 9th hour onward the severity level for the
equipment will be calculated based on the Severity level-2) and will keep on escalating to further
level if still remains non-functional.
 In case maximum response time is violated after problem is reported to the DCO, then severity
level of the reported call would change to next higher severity level and downtime would be
factored accordingly to the new severity level. (E.g. if problem reported under severity level 3 is
not responded within its defined maximum response time, severity level would change to 2 and
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
downtime would be factored according to level 2. Further if the call is still not responded within
maximum response time of severity level 2, call would get escalated to severity level 1 and so
on.)
5.5.1. Definition of
User - A user can be any employee within the data centre, any of the State department
employees, users within the SWAN and public.
Response / Resolution Time - Broad level Priority classification along with time frame for
Response / Resolution time is showcased below.
Response time: is defined as the time between receipt of the incidence (helpdesk call/ receipt of
alarm generated by management system) and a support team member begins working on the
incidence.
Resolution time: is defined as the total time between receipt of the incidence (helpdesk call/
receipt of alarm generated by management system) and the incidence been resolved.
Service Window:
PWH (Prime Working Hours): 8 AM to 8 PM (Monday to Saturday)
EWH (Extended Working Hours): 8 PM to 8 AM (Monday to Saturday), Sunday and all State
Government Holidays.
Table 1: Severity levels along with Response time and Resolution time for Help Desk
Response Time
Severity
Resolution Time
PWH
EWH
PWH
EWH
1
10 minutes
20 minutes
Within 4 hours
Within 4 hours
2
20 minutes
60 minutes
Within 6 hours
Within 12 hours
3
30 minutes
120 minutes
Within 12 hours
Within 24 hours
 Downtime shall be considered as per service window defined above and net impact on operations
with reference to the time of incident receipt (helpdesk call/ receipt of alarm generated by
management system).
 If a severity one incident reoccurs within two hours of resolution, downtime will be calculated from
time of first occurrence.
 100% of the calls will be attended to within the stipulated response time - Measured on a quarterly
basis.
 100% of the calls will be closed within the stipulated resolution time - Measured on a quarterly
basis
 The resolution times will be considered with respect to the service window.
 The DCO should maintain an inventory of critical items that will be required on an ongoing basis to
ensure the uptime of the SDC.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
 Resolution norm will not include WAN link related issues or any product/ service not supplied by
bidder.
5.6. Categories of SLA
This SLA document provides for minimum level of services required as per contractual
obligations based on performance indicators and measurements thereof. The DCO shall ensure
provisioning of all required services while monitoring the performance of the same to effectively
comply with the performance levels. The services provided by the DCO shall be reviewed by
Odisha Computer Application Centre that shall:
 Regularly check performance of the DCO against this SLA.
 Discuss escalated problems, new issues and matters still outstanding for resolution.
 Review of statistics related to rectification of outstanding faults and agreed changes.
 Obtain suggestions for changes to improve the service levels.
The SLA has been logically segregated in the following categories:
A. IT Infrastructure service levels
B. Physical Infrastructure related service levels
C. Helpdesk Services
D. Compliance and Reporting Procedures
E. Facility Management – Manpower Requirement & Availability
F. Security and Incident Management SLAs
G. Major and Minor Civil/ Electrical Works SLAs
5.6.1. SLA Tracking
The following measurements and targets shall be used to track and report performance on a regular
basis. The DCO has to support the workstations/ laptops procured and used at OSDC.
A. IT Infrastructure service levels
This service level will be applicable on following IT equipments which are part of BOM mentioned
at Section VIII and additional hardware which may be deployed during the contract period:
1. Servers, Systems and Printers as listed in Table 1 [(A) (B) (C)] of Section VIII BoM
2. Storage and Backup equipments as mentioned in Table 2 of Section VIII BoM
3. Networking equipments as mentioned in Table 3 of Section VIII BoM
4. Safety, Security and IT Support Equipments Table 5 of Section VIII BoM
5. Non IT equipments as mentioned in Table 6 of Section VIII BoM
Frequency
Sl. No
Measurement
Definition
Target
Penalty
in
Submission of
Report
Computing Infrastructure Components (includes Servers, OS, Database, Storage, services etc.)
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
1.
Data
Centre
Uptime
Uptime
=
{1
–
>=99.75%
NA
Downtime) / (Total
Between
For
Time in Quarter –
99.75%
Mainetatnce
97.75%
Quarterly
[(Equipment
Time
in Quarter)] * 100
and
every
degradation
0.25%
in
the
uptime there will be a
penalty of 1 % of
QGR
Equipment down
time for each
severity will be
For
<97.75%
every
degradation
0.25%
in
the
calculated as per
uptime there will be a
above Table
penalty of 2 % of
(Table A: Severity
QGR
levels along with
penalty under
Clause 5.5)
2.
Connectivity
Limited only to
with SWAN
99.75%
0.50% of the QGR for
Monthly and
equipment/
every hour of down
Quarterly
component of SDC
time at a stretch or in
and Fibre/ UTP
parts up to total down
cable laid between
time of 5 hours. This
SDC and SWAN for
down time shall be
connectivity.
calculated over and
above the total hours
of
permissible
downtime
as
per
Tier II standards.
Beyond 5 hours of
down time, 1% of the
QGR for every 1 hour
of down time at a
stretch or in parts.
3.
LAN
(Active
Availability
Components)
99.75%
1% of the QGR for
Monthly and
every hour of down
Quarterly
time at a stretch or in
parts up to total down
time of 5 hours. This
down time shall be
calculated over and
above the total hours
of downtime
permissible as per
Tier II standards.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Beyond 5 hours of
down time, 2% of the
QGR for every 1 hour
of down time at a
stretch or in parts.
B.
Physical Infrastructure related service levels
Frequency
Sl .No
Measurement
Definition
Target
Penalty
in
Submission of
Report
1.
Power
Availability = {1-
>=99.75%
Availability (DG,
[(Downtime) / (Total
UPS)
Time -Maintenance
Between
For every 0.25%
(Including for
Time)]}*100.
99.75% and
degradation in the
97.75%
uptime there will be a
shared and colocated
SLA availability for
departments)
this clause will be
NA
penalty of 1 % of QGR
incidents/ tickets
Temperature
Termination of
<97.75%
contract and
opened and resolved
compensation paid to
in service desk.
OCAC.
The
DCO
should
Temperature
ensure that the data
of 20
centre
Degree
temperature
+-
2
5 - 8 instances per
Monthly
week = 2% of QGR.
Quarterly
is maintained at 20
Centigrade at
9 - 12 instances per
+-
Degree
all times. The
week = 4% of QGR.
at
penalty will be
2
Centigrade
and
Quarterly
measured as per the
2.
Monthly
all
times.
decided
on
Greater
than
number
of
instances per week =
such instance.
6 % of QGR and a
and
12
letter of warning
3.
Humidity
The
DCO
should
50%
5 - 8 instances per
Monthly and
ensure that the data
+- 5 RH at all
week = 2% of QGR
Quarterly
centre
times.
humidity
is
The
maintained at 50%
penalty will be
9 - 12 instances per
+- 5% RH at all
decided
on
week = 4% of QGR.
times.
number
of
such instance.
Greater
than
12
instances per week =
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6 % of QGR and letter
of warning
4.
CCTV
Availability = {1-
>=99.75%
Availability
[(Downtime) / (Total
NA
Monthly
and
Quarterly
Time - Maintenance
Between
Time)]}*100
99.75%
For
and
97.75%
every
degradation
0.25%
in
the
uptime there will be a
penalty of 1 % of QGR
Availability shall be
measured for DVR
and
All
cameras
For
<97.75%
installed at SDC.
every
degradation
0.25%
in
the
uptime there will be a
penalty of 1 % of QGR
6.
CCTV Footage
The DCO
Availability
should
Letter of warning
Monthly and
Quarterly
maintain
CCTV
recordings of
past 7 days at
any given
point in time.
After which the
DCO is
required to
take a back up
of the same
and store it for
a period of 6
months in
OSDC SAN.
7.
Preventive
Target: 100 % of
DCO has to
Rs. 5,000/- per day
Maintenance
scheduled
submit all the
per equipment
maintenance to be
PM reports in
subject to maximum
DCO shall
carried out as per
each Quarter
of Rs.30,000/- per
provide a
maintenance
along with
equipment
detailed
submitted
equipment
DCO. DCO has to
maintenance
intimate
plan/ schedule
PM of the equipment
Initial Draft
by
plan
the
Quarterly
QGR
regarding
Page 33
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
on
to OCAC prior to 7
commencement
working
of the project.
advance.
days
in
C. Help desk service levels
Frequency of
Sl. No
Measurement
Definition
Target
Penalty
1.
Resolution
“Resolution Time”, is
100 % of the calls
No Penalty
Time
defined as the total
which
time between receipt
under various Severity
of
level to be resolved
the
incidence
are
the
Submission
Monthly
registered
(helpdesk call/ receipt
within
of alarm generated by
mentioned in Table 1:
management system)
Severity levels along
and the resolution of
with Response time
the incidence.
and Resolution time
and
Quarterly
resolution
Unresolved calls
Penalty would
be levied as
defined below
in
Table
2:
Severity
levels
along
with Penalty
Note: Power availability SLA’s for co-located equipments will be measured as per the call tickets
generated by the respective departments at Helpdesk services
Table 2: Severity levels along with Penalty
Service description
Various
service
related
to
Measurement parameter
Resolution
time
measured
as the time taken by the DCO
comprehensive
to troubleshoot and fix the
onsite maintenance
problem. Call will be treated as
Initial Draft
Severity Level Penalty
0.1%
of
the
Agreed
Quarterly
Severity Level 1 Payment for every 30 minutes (or its
part) delay.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
and
FMS
promptly
logged immediately after any
incident/
problem
occur/
request made. Penalty will be
0.05% of the Agreed Quarterly
Severity Level 2 Payment for every 60 minutes (or its
levied after the permissible
resolution
time
limit
as
mentioned
in
Table
1:
part) delay.
Severity levels along with
Response
Resolution
time
time
for
0.025% of the Agreed Quarterly
and
Help
Severity Level 3 Payment for every 120 minutes (or
its part) delay.
Desk
D.
Compliance and Reporting SLA
MIS Reports: The bidder shall provide the MIS reports for all the devices installed in the Data Centre in a
prescribed format and media as mutually agreed with the State on a Monthly basis. Whenever required by
State Govt., DCO should be able to provide additional reports as required in a pre-specified format.
Sl. No.
Measurement
Definition
Target
Penalty
1.
Submission of
The DCO shall submit the MIS to
Report for the
Before 10
th
MIS and QGR
OCAC/ OSDC, Odisha as classified
previous month
After
Reports
above.
shall be
QGR
The DCO shall workout the formats for
submitted by the
After
above reports and get these approved
10th of the next
QGR
by Odisha Computer Application Centre,
month
After
Odisha within a month of being awarded
NA
th
0.1%
of
th
0.2%
of
th
0.3%
of
10
15
20
QGR
the contract.
2.
Maintenance
The DCO should maintain an inventory
100% as per the
of
of items that will be required on an on-
inventory
going basis. For exemple like floor,
and asset detail
cables etc.
of
Inventory
(Stock)
and
Asset
Management
Letter of Warning
log
OSDC
maintained
by
DCO.
Sl. No
Measurement
Frequency
Submission
of
Target
1
IMAC Report
Report for the
2
Root Cause Analysis Report
previous month
3
Database Availability Report
shall be
4
ISP Utilization Report
5
Asset Detail Report
6
Planned Backup Report
7
Performance Report of Network
and Server
E.
Monthly and
Quarterly
submitted by the
th
10
of the next
Penalty
Before 10th NA
After 10th 0.1% of QGR
After 15th 0.2% of QGR
After 20th 0.3% of QGR
month
Manpower availability service levels
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
The DCO shall post an on-site full time Project Manager and manpower resources as given below
who are dedicated solely to look after the entire operation of the Data Centre. The project manager
shall coordinate with the designated officer of the tendering authority.
DCO shall appoint as many team members, as deemed fit by them, subject to the minimum
manpower specified below to meet the SLA requirements. The tendering authority would not be
liable to pay any additional cost for this. The deputed officials shall have no criminal record and
should be deputed after background check. DCO shall provide detailed CV of each of the resource
being provided to OCAC before deployment of the resource at Data Centre.
The composite team will be mainly responsible for
1. Overall Management of SDC
2. Change Management Board of SDC
3. Interface with User Departments for services provided by SDC
Minimum Manpower Resources:
Minimum manpower requirement for FMS/O&M of OSDC is defined in the table mentioned below:
Sl. No. Role
Working shifts
6:00 AM
9:30 AM
to
to
Min. Qualification, Relevant
2:00 PM 10:00 PM
to
Experience & Certifications
to
2:00 PM 5:30 P M 10:00 PM 6:00 AM
(Monday
to
Saturday)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
B.E./B. Tech/Masters in Computer or
1.
DC
Project
Manager

1


IT + MBA/PGDBM, 7 Years'
experience including minimum 1 year
experience in Data Centre
Network
2.
B.E./B. Tech/Masters in Computer or
&
Security
1
-
1

specialist
IT, 3 Years relevant experience,
CCNA/CCNP/ CCSP/CISSP or
equivalent
B.E./B. Tech/ Masters in Computer or
3.
System
Administrator
1
-
1

IT, 3 Years relevant experience, OEM
certified L2 engineer on Server,
Storage
4.
Technical
specialist EMS
Initial Draft
-
1
-


B.E./ B.Tech/ Masters in Computer
or IT, 3 Years relevant experience,
OEM certified L2 engineer on EMS
Page 36
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
5.
6.
7.
B.E./ B.Tech / Masters in Computer
Database
-
Admin
Storage
1
-

or IT, 3 Years relevant experience,
OEM certified level 2 / 3.
B.E./ B.Tech/ Masters in Computer
and
-
Backup
1
-

or IT, 3 Years relevant experience
OEM certified L2 engineer
Graduate/ Diploma in Computer
Helpdesk
1
Coordinators
-
1
1
Science/ IT with 2 Years Relevant
experience
Graduate/ Diploma; at least 1
8.
BMS support
1
-
1

certification of BMS and with 2
Years relevant experience in BMS
Electrical
support
9.
and
Graduate/
(DG
1
other
-
1
1
Relevant
Diploma,
experience
2
Years,
with
valid
lineman/ supervisor license.
electrical
support of DC)
10.
11.
12.
Physical
-
1
1
-
1
-
-
Relevant Housekeeping experience
-
1
-
-
2 Years Relevant experience.
06
06
06
03
Security
Housekeeping
Support/ Back
office
TOTAL
3 Years Relevant experience/ ex-
1
servicemen
- Therefore at least 21 man-power resources would be deployed by DCO to manage the data centre
across shifts and regular working hours for operation of SDC. DCO can deploy more man -power
resources as back-up for smooth operation of SDC.

The
above
resources
except
those
mentioned
in serial
number
10,
11 (Physical
Security,
Housekeeping) should be on payroll of the DCO.

The agency shall be responsible for filling all his obligations towards the man-power deployed under the
Minimum Wages Act, EPF Act, ESI Act, Bonus Act, Maternity Benefit Act, be responsible for the deposit of
employee’s and principal employer’s share of statutory contributions with the ESI/EPF authorities at his
own level and maintenance of such record as per rules. He will furnish proof of deposit of such
contributions to OIC-OSDC/OCAC along with bills submitted. He will also arrange to open such EPF/ESI
accounts etc. of all the employees deployed by his. In case of failure on the part of contractor to deposit
EPF/ESI etc. which the concerned authorities within the stipulated period the contractor shall be liable to
pay penalty so imposed by such authority.

Resources deputed by DCO shall be reviewed by OIC-OSDC/OCAC in terms of its qualifications,
experience, efficiency, cooperation, discipline, performance and services. Upon finding any deficiency in
any of the parameter, may reject any of the manpower by giving 15 days time, which the DCO has to
replace within the given time frame.
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC

To ensure minimum quality of technical resources, DCO shall pay prevailing best practice standards of IT
industry. Salary should include employee’s contribution to provident fund but exclude employer’s
contribution to PF.

The resources shall be deployed by the DCO to manage the datacenter 24 *7 and maintain the service
level requirements. Provisions of leave reserve, providing leaves and other facilities / perks shall be as
per DCO's prevailing policies/ practices which shall be taken care by DCO without any liability and/or
financial implications on the part of OCAC/ OSDC. The DCO will provide backup manpower resources list
to OSDC for maintaining the SLA of Minimum Manpower in case of leave/ absent, without any financial
cost to OCAC.

The team deployment plan shall be prepared by DCO periodically and shall obtain approval from OICOSDC / OCAC prior to its implementation.

DCO needs to deploy Biometric device to record the attendance of his employees. For Manpower
availability attendance report need to auto generated in suitable readable format (EXCEL and PDF) from
the Biometric device. Monthly attendance report needs to be submitted generate through Biometric device
OCAC/ OSDC for verification.
 No resource shall be absent without prior permission of the designated authority. Penalty on non-availability
of any resource shall be as under:
Measurement
Definition
Target
Penalty
99% averaged over all
resources designated for SI
NA
services and calculated on a
No. of shift days for
Resource availability
which
(Operations and
present
Maintenance)
designated location /
quarterly basis
resource
at
For every 2%
the
Total no. of shift days
<99% averaged over all
degradation in the
resources designated for SI
resource availability
services and calculated on a
there will be a
quarterly basis
penalty of 1 % of
the QGR amount
Example: to illustrate the manpower availability in case there are there are 4 shifts per day which will have 2
people in shift 1, 1 in shift 2, 1 in shift 3 and 1 in shift 4.
Total shift per day will be = 5 (2 x 1 + 1 x 1 + 1 x 1 + 1 x 1)
Per quarter it would be = 450 shifts
In a quarter if two people were not present in shift 1 for 7 days then 2 x 7 = 14 shifts will be considered for the
unavailability of manpower.
Uptime % = (shifts in which manpower was available / total number of shifts) x 100
Uptime % = (1 – 14 / 450) x 100
Uptime % = 96.88%
An absence of more than 2 hour from the work place, without having permission of OIC-OSDC shall be
considered as absent for the shift.
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Operational Hardware, Software and other resources: The DCO shall deploy sufficient devices like desktops,
printers, scanners, multi-function devices etc. for carrying out data centre operations and monitoring by its
manpower resources deployed. The equipments deployed shall generally not be moved from the place of
installation except for the purpose of repair/ maintenance with permission of OCAC.
Periodic training to concerned persons for procedures to be followed for ISO Certification shall be provided
by the DCO at no extra cost.
Manpower Change
The replacement of resources by bidder after deployment will be allowed (without penalty) only in case, the
resource leaves the organization by submitting resignation with the present employer. In case of failure to
meet the standards of the OCAC, (which includes efficiency, cooperation, discipline and performance)
bidder may be asked to replace the resource without any penalty for replacement/exit.
The penalty per resource would be imposed in case of exit/ replacement of resource from the project as per
the details given below
Applicable Penalty when resource is leaving
Resource Type
Within 1 year of DOJ
Manpower resources
After 1 year of DOJ
1 % of the QGR for each and every 0.5 % of the QGR for each and every
for specialized services
change in resource.
change in resource.
F. Security and Incident Management Service Levels
This service level will be applicable for security related incidents as follows:
Sl. No Service Description Measurement
Target
Penalty
Parameter
1.
2.
Frequency
of
Data Centre shall
Resolution time
24 - 36 hours, as
Rs. 10000 for delay of
be kept free from
for each virus
may be decided
every 24 hours or its part.
and
virus attack
attack
by OCAC,
If more than three virus
Quarterly
depending upon
attacks are reported in a
the severity of the
quarter then 10% of QGR
attack
would be deducted as
Data Centre shall
Number of DoS Zero
penalty
Rs. 500000 per DoS
be kept free from
attacks
attack
There shall be no
Number of such Zero
Rs. 500000 per such
Data theft or loss or
incidents
incident
There shall be no
Number of such Zero
Rs. 200000 per such
intrusion
incidents
incident
Monthly
Submission
Monthly and
Quarterly
denial of service
(DoS) attack
3
Monthly and
Quarterly
compromise of any
data hosted at
OSDC
4
Initial Draft
Monthly and
Quarterly
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
 Virus Attack refers to any virus infection and passing of malicious code and shall be monitored at
the gateway level or logged at the help desk system on complaint of virus infection by user.
 Denial of Service Attack refers to non availability of any services. An incident shall be analysed and
forensic evidence examined to check if the incident is due to external DoS attack.
 Intrusion refers to unauthorized access to networks, systems, services, applications or data,
protecting email gateways, firewalls, servers, desktops.
G.
Major and Minor Civil/ Electrical Works SLAs
Sl. No
Type of Incident
Resolution Time
Penalty
1.
MAJOR
T = 2 Day
No Penalty
T1 = T+1 days
0.05% of the QGR for every
unresolved call
T2 = T1+2
1% of the QGR for every
unresolved call
Any Civil/ Electrical work as defined in SOW
of this RFP.
Major Work including the False Flooring,
False Ceiling, Doors & Locking, Furniture &
Fixtures, Glass Partitions,
Fire Proofing,
etc. to be replaced within 2 days of reporting
the problem
The
DCO
should
maintain
sufficient
inventory to carry out civil and electrical
> T2
2% of the QGR for every
unresolved call
T = 4 days
No Penalty
T1 = T+1 days
0.05% of the QGR for every
unresolved call
repairs without any disruption to operations.
For critical items, the resolution time shall
be mutually agreed by the State and the
DCO at the time of award of contract.
2.
MINOR
Excluding all Major Civil/ Electrical work
mentioned above in serial no 1 will
consider as Minor and to be carried within 4
days of the reporting problem.
T2 = T1+2
1% of the QGR for every
unresolved call
> T2
2% of the QGR for every
unresolved call
5.6.2. Penalty Capping:
Note: Equipment Availability Related penalties shall be governed by the following conditions:
1.
The penalty shall be calculated on QGR
2.
The total quarterly deduction should not exceed 10% of the total applicable fee in a quarter.
However in absence of any of the QGR parameter as mentioned above for calculation then
below Clause 5.6.3 will be applicable
3.
Penalty will never exceed the total project value.
4.
If in each quarter the penalties computed is more than 20 % for three consecutive quarters on
account of any reasons will be deemed to be an event of default and termination.
5.6.3. Penalty for Non Measurable of QGR Parameters:
The below penalty will not be included in the maximum overall QGR penalty of 10% enforced on
DCO. However, in case of non measurable of any of the two QGR parameters mentioned below, then
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
maximum penalty of 10% or 10% plus Non Measurable Parameter Penalty which ever will be more
will levied on DCO.
a) For not measurable of Security and Incident Management SLA’s. Penalty of Rs. 50,000/- would
be enforced on DCO.
b) For not measurable of IT Infrastructure related SLA’s. Penalty of Rs. 50,000/- would be
enforced on DCO.
c) For not measurable of Physical Infrastructure related SLA’s. Penalty of Rs. 50,000/- would be
enforced on DCO.
d) For not measurable of Major and Minor Civil/ Electrical Works SLAs. Penalty of Rs. 25,000/would be enforced on DCO.
e) For not measurable of Helpdesk Services. Penalty of Rs 50,000/- would be enforced on DCO.
f)
For not measurable of Compliance and Reporting SLA’s. Penalty of Rs. 50,000/- would be
enforced on DCO.
6. Section VI - Instruction to Bidders
6.1. Procedure for Submission of Bids
6.1.1. It is proposed to have a Two Cover System for this tender:
I. Pre-qualification Eligibility Criteria along with the supporting documents (2 copies + CD in DOC
or PDF format) in one cover.
II. Technical Bid (2 copies + CD in doc or PDF format) in one cover.
III. Commercial Bid (2 copies + CD in excel format) in one cover.
6.1.2. Each copy of Pre-qualification Eligibility Criteria, Technical Bid and Commercial Bid of the
Tender should be covered in separate sealed covers super-scribing “Pre-qualification”,
"Technical Bid" and “Commercial Bid” respectively. Each copy of each bid should also be
marked as "Original" and "First Copy". All the two copies of each bid should be put in a single
sealed cover super-scribing “Pre-qualification”, “Technical Bid" or “Commercial Bid” as the
case may be. Please Note that Prices should not be indicated in the Technical Bid and should
only be indicated in the Commercial Bid.
6.1.3. The cover containing two copies of Technical Bid and the cover containing two copies of
Commercial Bid should be put in another single sealed envelope clearly marked “Appointment
of DCO, Operation and Maintenance of Physical, IT and Non IT Infrastructure for the State
Data Centre at Odisha” This envelope is to be super scribed with Tender Number, Due Date,
Item and the wordings “DO NOT OPEN BEFORE _________________________”
6.1.4. 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".
6.1.5. Each copy of the tender should be a complete document and should be bound as a volume.
The document should be page numbered and appropriately flagged and must contain the list
of contents with page numbers. Different copies must be bound separately. Any deficiency in
the documentation may result in the rejection of the Bid.
6.1.6. 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) as follows:
6.1.6.1. Two (2) copies of CD each containing the pre qualification bid - The CDs containing
technical bid should be sealed along with the hard copies of the respective pre qualification
bid.
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6.1.6.2. Two (2) copies of CD each containing the technical bid - The CDs containing technical bid
should be sealed along with the hard copies of the respective technical bids.
6.1.6.3. Two (2) copies of CD each containing the commercial bid - The CDs containing
commercial bid should be sealed along with the hard copies of the respective commercial
bids.
6.1.6.4. 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 “Pre Qualification” / “Technical Bid” / “Commercial Bid” (as the case
may be) and should bear the name of the Bidder.
6.1.6.5. 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 Odisha Computer Application Centre (OCAC) 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.
6.1.6.6. Bidder must ensure that Technical Bid CDs do not contain any Commercial items / prices.
6.1.6.7. Bidder must put the page number at “Page reference in product datasheet” of the
concerned items as well as highlight the area by florescent marker in data sheet as proof of
specification compliance.
6.1.7. The original and all copies of the bid shall be typed or written in indelible ink. The original and
all copies shall be signed by the Bidder or person/ persons duly authorized to bind the Bidder
to the Contract in accordance with Clause 6.9. All pages of the bid, except for un-amended
printed literature, shall be initialled and stamped by the person or persons signing the bid.
6.1.8. The bid shall contain no interlineations, erasures or overwriting except as necessary to
correct errors made by the Bidder, in which case such corrections shall be initialled by the
person or persons signing the bid.
6.1.9. The Bidder shall duly sign and seal its bid with the exact name of the firm/company to whom
the contract is to be issued.
6.1.10. Bids submitted by hand should be put in the Tender Box at the specified office not later
than_______________________. All out-station tenders, if sent by post, should be sent under
registered cover.
6.1.11. Telex/ Telegraphic/ Tele fax/ Xerox/ Photocopy bids will not be considered.
6.2. Cost to Bid
The Bidder shall bear all costs associated with the preparation and submission of its bid, including cost of
presentation for the purposes of clarification of the bid, if so desired by the State Government of Odisha.
The State Government of Odisha will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the Tendering process.
6.3. Contents of the Tender Document
6.3.1. The Scope of Work, Tender procedures and Contract terms are prescribed in the Tender
Document. In addition to Invitation to Bidders / Important Dates:
a) Section II - Project Profile
b) Section III - Eligibility Criteria
c) Section IV - Scope of Work
d) Section V - Service Level Agreement
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
e) Section VI - Instructions to Bidders
f)
Section VII - General Terms and Conditions of the Tender & Contract
g) Section VIII - Bill of Material
h) Section IX - Format for Response to Tender - Technical Bid
i)
Section X - Format for Response to Tender - Commercial Bid
j)
Section XI - Annexure I - Performa
k) Section XII - Annexure II – Pre Qualification Checklist
6.3.2. The Bidder is expected to examine all instructions, forms, terms & conditions, and scope of
work in the Tender Document and furnish all information as stipulated there in.
6.4. Clarification on Tender Document
SDC Pre-bid Query Format
Sl. No
Bidder Name
Pg no.
RFP Clause No.
Clause
Clarification Sought
Remark from Bidder
Response from
the Sate
The Bidder should provide this information in an MS EXCEL file.
The PB queries must reach to the authorized person before due date/ time, after which no such PB
Query shall be entertained.
The PB Queries of only those bidders/ OEMs shall be entertained and responded to who have
purchased the Tender Document i.e.; deposited the prescribed tender fee.
6.5. Discounts
The Bidders are informed that discount, if any, should be merged with the quoted prices. Discount of
any type, indicated separately, will not be taken into account for evaluation purposes.
6.6. Language of Bids
The Bids prepared by the Bidder and all correspondence and documents relating to the bids
exchanged by the Bidder and the Odisha Computer Application Centre, 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.
6.7. Documents Comprising the Bids
The bid prepared by the Bidder shall comprise of the following components:
6.7.1.Pre-Qualification Eligibility Criteria
1.
All the supporting documents
2.
Bid Security in the form of a Demand Draft / Bank Guarantee.
6.7.2.Technical Bid - The Technical Bid, besides the other requirements of the Tender, shall comprise
of the following:
1.
Checklist
2.
Power of Attorney executed by the Bidder in favor of the Principal Officer or the duly
Authorized Representative, certifying him as an authorized signatory for the purpose of this
Tender (Refer Clause 6.10)
Initial Draft
3.
Section IX - Format 1: Technical Bid Letter
4.
Section IX - Format 2: General information about the Bidder
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
5.
Section IX - Format 3: Pre-bid Query Format
6.
Section IX - Format 4: Manpower Details
7.
Section IX - Format 5: Deviations from the Tender Terms & Conditions
6.7.3.Commercial Bid - The Commercial Bid, besides the other requirements of the Tender, shall
comprise of the following:
1.
Section X - Format 1: Commercial Bid Letter
2.
Section X - Format 2: Breakdown of Cost Components
6.8. Bid Prices
I.
The Bidder shall indicate in the Performa 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 Document.
II.
In absence of above information as requested in Clause 6.7.I above, a bid may be considered
incomplete and be summarily rejected.
III.
The Bidder shall prepare the bid based on details provided in the tender documents. It must 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
Odisha Computer Application Centre, Odisha.
IV.
The Bidder shall carry out all the tasks in accordance with the requirement of the tender
documents with due diligence 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
revisions are required to meet the goals of Odisha Computer Application Centre, Odisha like
Technical specifications, Equipment sizing etc. are to be made within the current price without
any impact to Odisha Computer Application Centre, Odisha.
V.
If bidder does any mistake in calculation of total amount, the unit price value will be taken as
confirmed and calculations will be done accordingly.
VI.
If bidder misses any item/items and does total calculation excluding that item/items, H1 price
will be loaded on that item/items.
6.9. Firm Prices
I.
Prices quoted in the bid must be firm and final and shall not be subject to any upward
modifications, on any account whatsoever. The Bid Prices shall be indicated in Indian Rupees
(INR) only.
II.
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, should there be a change
in the applicable taxes till the date of delivery of products/ services any downward revision shall
be passed on to Odisha Computer Application Centre, Odisha.
III.
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.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6.10. Bidder Qualification
I.
The "Bidder" as used in the tender document 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 the representative and the principal.
II.
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.
III.
The authorization shall be indicated by written power-of-attorney accompanying the bid.
IV.
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.
V.
Any change in the Principal Officer shall be intimated to Odisha Computer Application Centre,
Odisha in advance.
6.11. Period of Validity of Bids
I.
Bids shall remain valid for 180 days from the last date of submission of Bids. A bid valid for a
shorter period may be rejected as non-responsive.
II.
In exceptional circumstances, Odisha Computer Application Centre, Odisha 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 Bid Security shall also be suitably extended.
6.12. Local Site Conditions
I.
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 Bidders are advised to visit the SDC location
(at their own cost) and due-diligence should be conducted before the pre-bid meeting/ bid
submission.
II.
The Bidder is expected to make a site visit to the 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. Obtaining such information shall be at Bidder’s own cost.
III.
Failure to obtain the information necessary for preparing the bid and/ or failure to perform
activities that may be necessary for providing the services before entering into contract will in no
way relieve the successful Bidder from performing any work in accordance with the Tender
document.
IV.
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
document. The Odisha Computer Application Centre, Odisha shall not entertain any request for
clarification from the Bidder regarding such conditions.
V.
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 Odisha Computer Application Centre, Odisha
and that neither any change in the time
schedule of the contract nor any financial adjustments arising thereof shall be permitted by the
Odisha Computer Application Centre, Odisha on account of failure of the Bidder to appraise
themselves of local laws and site conditions.
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6.13. Contacting the Purchaser
I.
No Bidder shall contact the Purchaser on any matter relating to its bid; from the time of the bid
opening to the time the Contract is awarded.
II.
However the Purchaser may contact the Bidders during evaluation.
III.
Any such effort by a Bidder influencing the OCAC bid evaluation, bid comparison or contract
award decisions may result in the rejection of the bid.
6.14. Modification and Withdrawal of Bids
I.
The Bidder is allowed to modify or withdraw its submitted bid any time prior to the last date
prescribed for receipt of bids, by giving a written notice to the OCAC.
II.
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.
III.
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 Bid Security Amount.
6.15. Opening of Bids
I.
An evaluation committee will be formed for evaluation of the bids. Decision of the committee
would be final and binding upon all the Bidders.
II.
The State will open the bids, in the presence of the representatives of the Bidders who choose
to attend, at the time, date and place, as mentioned in section I Invitation for Bids/ Important
Dates.
The Bidder’s names, modifications, bid withdrawals and the presence or absence of the
III.
requisite Bid Security and such other details considered appropriate will be announced at the
bid opening.
6.16. Evaluation of Bids
The evaluation process of the tender proposed to be adopted by the Odisha Computer Application Centre
is indicated under this clause. The purpose of this clause is only to provide the Bidders an idea of the
evaluation process that Odisha Computer Application Centre, Odisha may adopt. However, Odisha
Computer Application Centre, Odisha reserves the right to modify the evaluation process at any time
during the Tender process, without assigning any reason, whatsoever, and without any requirement of
intimating the Bidders of any such change.
I.
Preliminary Examination:
a) The Odisha Computer Application Centre, Odisha 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 BID SECURITY has been furnished,
whether the documents have been properly signed, and whether the bids are generally in
order.
b)
A bid determined as not substantially responsive will be rejected by Odisha Computer
Application Centre, Odisha and may not subsequently be made responsive by the Bidder by
correction of the nonconformity.
c) The Odisha Computer Application Centre, Odisha may waive any informality or nonconformity or irregularity in a bid which does not constitute a material deviation according to
the Bidder, provided such waiver does not prejudice or affect the relative ranking of any
Bidder.
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
II.
Clarification
a) When deemed necessary, during the tendering process, the Odisha Computer Application
Centre, Odisha may seek clarifications or ask the Bidders to make Technical presentations
on any aspect from any or all the Bidders.
b) This would not entitle the Bidder to change or cause any change in the substance of the
tender submitted or price quoted.
c) No change in the prices or substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the committee in the
evaluation of the financial Bids.
d) No substantive change to qualification information or to a submission, including changes
aimed at making an unqualified bidder, qualified or an unresponsive submission,
responsive shall be sought, offered or permitted.
III.
Evaluation of Bids
a) Pursuant to the pre-qualification criterion bidders will be short-listed for technical bid.
Technical bids will be opened only for the bidders who succeed the pre-qualification criterion.
The technical bids for the disqualified bidders will be returned unopened at the address
mentioned on the envelopes containing the technical bid.
b) Odisha Computer Application Centre, Odisha will review the technical bids of the short-listed
bidders to determine whether the technical bids are substantially responsive. Bids that are not
substantially responsive are liable to be disqualified at Odisha Computer Application Centre,
Odisha discretion.
c) Odisha Computer Application Centre, Odisha will assign points (quality of services score) to
the technically qualified bidders based on the technical evaluation criterion approved by
Odisha Computer Application Centre, Odisha. The commercial bids for the technically
qualified bidders will then be opened and reviewed to determine whether the commercial bids
are substantially responsive.
d) The evaluation will be made on least cost based selection subject to qualify on technical
evaluation criteria.
IV.
Technical evaluation Criteria
The following criteria shall be used to evaluate the technical bids. All the bids scoring 70 and
above in the technical evaluation will be qualified for commercial bid opening.
SI. No.
Criteria
Point System
A. Technical Solution Offered
1.
Initial Draft
Technical presentation
Maximum
Points
60
Qualitative assessment based on
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
- Understanding of the objectives of the
assignment: the extend to which the approach
10
and work plan respond to the objectives
indicated in the Scope of Work.
-Solution, methodology proposed for the
demonstration of Operations & Maintenance
Services, Help Desk, SLA Management,
Training and Technical Support which would
be required to deliver the service required by
10
OSDC Project.
-Completeness & responsiveness: The extend
to which the proposal is technical Compliant
responds exhaustively to all the requirements,
Any Improvement/ Innovations /suggestion in
2.
Project Team including Number
and Quality of technical resource
proposed for FMS Operation
Bidders to furnish CV’s
matching criteria
3.
the proposed solution.
10
Mark to be awarded on the basis of solution
offered:
10
a) Solution meeting the requirements
b) Technical Compliance
c) Clarity of the solution offered
Physical Infrastructure Setup,
Operations and Maintenance
in the proposed solution
Services
4.
10
d) Any improvement/ innovations/ suggestion
Help Desk and SLA Management
10
The minimum marks required for the bidder to qualify in the above section is 42
40
B. Organizational Strength
1.
The bidder must have executed at
=1=15
least one work order of providing
>=2=20
operation
and
20
maintenance
Services (FMS) to IT and Non IT
equipments of Data Centre of
Government/ Semi-Government /
PSU/ Scheduled Banks/ Limited
companies having minimum order
value of Rs.250.00 Lakh for a year
in any of last 5 financial years a s
on 31
st
March 2015.
or
Must have executed
two work
orders with similar scope having a
=2=15
total order value of Rs. 200 Lakh
>=4=20
for a year in any of last 5 financial
years
Initial Draft
as
on
31
st
March
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
2015.
Or
Must have executed three work orders
with similar scope having a total
=3=10
order value of Rs. 120 Lakh for a
>=6=20
year in any of last 5 financial years
as on 31
2.
st
March 2015.
Annual Turnover of the bidder from
IT/ ITeS during each of the last three
> INR 50 Crores = 10
INR 41 - INR 50 Crores = 8
INR 30 - INR 40 Crores = 6
10
ISO 27001/ ISO 20000 = 5
10
financial years as on 31st Mar 2015
3.
Compliance with Certifications
a) ISO 20000
ISO 27001 & ISO 20000 = 10
b) ISO 27001
The minimum marks required for the bidder to qualify in the above section is 28
V.
Evaluation of Commercial Bids
Commercial bids of those bidders who qualify the technical evaluation will be opened.
6.17. Evaluation and Tabulation of Commercial Bid
Subject to the provisions of “Acceptance of Successful Bid and Award of Contract” below, the procuring
entity shall take following actions for evaluation of financial Bids:I.
For two part/ cover Bid system, the financial Bids of the bidders who qualified in technical
evaluation shall be opened online at the notified time, date and place by the bid evaluation
committee in the presence of the bidders or their representatives who choose to be present
II.
The process of opening of the financial Bids shall be similar to that of technical Bids.
III.
The names of the bidders, the rates given by them and conditions put, if any, shall be read out
and recorded;
IV.
Conditional Bids are liable to be rejected;
V.
The evaluation shall include all costs and all taxes and duties applicable to the bidder as per law
of the Central/ State Government/ Local Authorities, and the evaluation criteria specified in the
bidding documents shall only be applied;
VI.
The offers shall be evaluated and marked L1, L2, L3 etc. L1 being the lowest offer and then
others in ascending order in case price is the only criteria, or evaluated and marked H1, H2, H3
etc. in descending order.
VII.
The bid evaluation committee shall prepare a comparative statement in tabular form in
accordance with rules along with its report on evaluation of financial Bids and recommend the
lowest offer for acceptance to the procuring entity, if price is the only criterion, or most
advantageous Bid in other case;
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VIII.
The members of bids evaluation committee shall give their recommendations below the table
regarding lowest Bid or most advantageous Bid and sign it.
IX.
It shall be ensured that the offer recommended for sanction is justifiable looking to the prevailing
market rates of the goods, works or service required to be procured.
6.18. Correction of Arithmetic Errors in Financial Bids
The bid evaluation committee shall correct arithmetical errors in substantially responsive Bids, on the
following basis, namely: a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the
unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in
the opinion of the bid evaluation 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 shall be
corrected;
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; and
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 clause (a) and (b) above.
6.19. Price/ purchase preference in evaluation
Price and/ or purchase preference notified by the State Government (GoO) and as mentioned in the
bidding document shall be considered in the evaluation of Bids and award of contract.
6.20. Negotiations
a) Except in case of procurement by method of single source procurement or procurement by competitive
negotiations, to the extent possible, no negotiations shall be conducted after the pre-bid stage. All
clarifications needed to be sought shall be sought in the pre-bid stage itself.
b) Negotiations may, however, be undertaken only with the lowest or most advantageous bidder when the
rates are considered to be much higher than the prevailing market rates.
c) The bid evaluation committee shall have full powers to undertake negotiations. Detailed reasons and
results of negotiations shall be recorded in the proceedings.
d) The lowest or most advantageous bidder shall be informed in writing either through messenger or by
registered letter and e-mail (if available). A minimum time of seven days shall be given for calling
negotiations. In case of urgency the bid evaluation committee, after recording reasons, may reduce the
time, provided the lowest or most advantageous bidder has received the intimation and consented to
regarding holding of negotiations.
e) Negotiations shall not make the original offer made by the bidder inoperative. The bid evaluation
committee shall have option to consider the original offer in case the bidder decides to increase rates
originally quoted or imposes any new terms or conditions.
f)
In case of non-satisfactory achievement of rates from lowest or most advantageous bidder, the bid
evaluation committee may choose to make a written counter offer to the lowest or most advantageous
bidder and if this is not accepted by him, the committee may decide to reject and re-invite Bids or to
make the same counter-offer first to the second lowest or most advantageous bidder, then to the third
lowest or most advantageous bidder and so on in the order of their initial standing and work/ supply
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order be awarded to the bidder who accepts the counter-offer. This procedure would be used in
exceptional cases only.
g) In case the rates even after the negotiations are considered very high, fresh Bids shall be invited.
6.21. Selection Method
The selection method is Lowest cost based selection(L1).
6.22. Lack of Competition
a) A situation may arise where, if after evaluation of Bids, the bid evaluation committee may end-up with
one responsive Bid only. In such situation, the bid evaluation committee would check as to whether
while floating the NIB all necessary requirements to encourage competition like standard bid
conditions, industry friendly specifications, wide publicity, sufficient time for formulation of Bids, etc.
were fulfilled. If not, the NIB would be re-floated after rectifying deficiencies. The bid process shall be
considered valid even if there is one responsive Bid, provided that: a. the Bid is technically qualified;
b. the price quoted by the bidder is assessed to be reasonable;
c.
the Bid is unconditional and complete in all respects;
d.
there are no obvious indicators of cartelization amongst bidders; and
e. the bidder is qualified as per the provisions of pre-qualification/ eligibility criteria in the bidding
document
b) The bid evaluation committee shall prepare a justification note for approval by the next higher authority
of the procuring entity, with the concurrence of the accounts member.
c) In case of dissent by any member of bid evaluation committee, the next higher authority in delegation
of financial powers shall decide as to whether to sanction the single Bid or re-invite Bids after recording
reasons.
d) If a decision to re-invite the Bids is taken, market assessment shall be carried out for estimation of
market depth, eligibility criteria and cost estimate.
6.23. Post Qualification and Award Criteria
I.
An affirmative determination will be a prerequisite for award of the Contract to the Bidder. A
negative determination will result in rejection of the Bidder’s bid, in which event; Odisha
Computer Application Centre, Odisha will proceed to the next best evaluated bid to make a
similar determination of that Bidder’s capabilities to perform satisfactorily.
II.
Odisha Computer Application Centre, Odisha is not bound to accept the best evaluated bid or
any bid and reserves the right to accept any bid, wholly or in part.
6.24. Right to vary Scope of Contract at the time of Award
I.
Odisha Computer Application Centre, Odisha may at any time, by a written order given to the
Bidder, make changes to the scope of the Contract as specified.
II.
If any such change causes an increase or decrease in the cost of, or the time required for the
Bidder’s performance of any part of the work under the Contract, whether changed or not
changed by the order, an equitable adjustment shall be made in the Contract Value or time
schedule, or both, and the contract shall accordingly be amended. Any claims by the bidder for
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
adjustment under this clause must be asserted within 30 days from the date of the bidder’s
receipt of the state government’s changed orders.
III.
Odisha Computer Application Centre, Odisha has every right , at any time, increase / decrease
the quantity of items
IV.
If any change in quantity of equipments, increase or decrease, the corresponding value of the
contract can be adjusted as per the unit rates provided by the vendor in the Commercial Bid
Document.
6.25. Right to Accept Any Bid and to reject any or all Bids
Odisha Computer Application Centre, Odisha reserves the right to accept any bid, and to annul the
Tender process and reject all bids at any time prior to award of Contract, without thereby incurring any
liability to the affected Bidders or any obligation to inform the affected Bidders of the grounds for the
Odisha Computer Application Centre’s action.
6.26. Notification of Award
I.
Prior to the expiration of the period of bid validity, Odisha Computer Application Centre, Odisha
will notify the successful Bidder in writing by registered letter or by fax, to be confirmed in writing
by registered letter, that its bid has been accepted.
II.
The notification of award will constitute the formation of the Contract.
III.
Upon the successful Bidder furnishing of Bank Guarantee for Performance Security the Odisha
Computer Application Centre, Odisha may notify each Bidder and will discharge their Bid
Security.
6.27. Signing of Contract
I.
At the same time as Odisha Computer Application Centre, Odisha. notifies the successful
Bidder that its bid has been accepted, the Odisha Computer Application Centre, Odisha will
send the Bidder the Performa for Contract provided in the Tender Document, incorporating all
agreements between the parties.
II.
Within 7 days of receipt of the Contract, the successful Bidder shall sign and date the Contract
and return it to the Odisha Computer Application Centre, Odisha.
6.28. Bank Guarantee for Contract Performance
I.
Within 10 days of the receipt of notification of award from the Odisha Computer Application
Centre, Odisha, the successful Bidder shall furnish the performance security amount for 2
years in accordance with the Section VII – General Terms and Conditions of Tender.
II.
Failure of the successful Bidder to comply with the requirement of Clause 6.25 or Clause 6.26.I
shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid
security. In case of exigency, if Odisha Computer Application Centre, Odisha gets the work
done from elsewhere, the difference in the cost of getting the work done will be borne by the
successful Bidder.
6.29. Confidentiality of the Document
This Tender Document is confidential and Odisha Computer Application Centre, Odisha shall ensure
that anything contained in this Tender Document shall not be disclosed in any manner, whatsoever.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6.30. Rejection Criteria
Besides other conditions and terms highlighted in the tender document, bids may be rejected under
following circumstances:
I.
General Rejection Criteria
i. Bids submitted without or improper Bid Security
ii. Bids which do not confirm unconditional validity of the bid as prescribed in the Tender
iii. If the information provided by the Bidder is found to be incorrect / misleading at any stage/ time
during the Tendering Process
iv. Any effort on the part of a Bidder to influence the bid evaluation, bid comparison or contract
award decisions
v. Bids received by Odisha Computer Application Centre, Odisha after the last date prescribed for
receipt of bids.
vi. Bids without signature of person(s) duly authorized on required pages of the bid
vii. Bids without power of authorization and any other document consisting of adequate proof of the
ability of the signatory to bind the Bidder.
II.
Technical Rejection Criteria
i. Technical Bid containing commercial details.
ii. Revelation of Prices in any form or by any reason before opening the Commercial Bid
iii. Failure to furnish all information required by the Tender Document or submission of a bid not
substantially responsive to the Tender Document in every respect.
iv. Bidders not quoting for the complete scope of Work as indicated in the Tender
document, addendum(s) (if any) and any subsequent information given to the Bidder.
v. Bidders not complying with the Technical and General Terms and conditions as stated in the
Tender Document.
vi. The Bidder not confirming unconditional acceptance of full responsibility of providing services in
accordance with the Scope of work and Service Level Agreements of this tender.
vii. If the bid does not confirm to the timelines indicated in the bid.
III.
Commercial Rejection Criteria
i. Incomplete Price Bid
ii. Price Bids that do not conform to the Tender’s price bid format.
iii. Total price quoted by the Bidder does not include all statutory taxes and levies applicable.
iv. If there is an arithmetic discrepancy in the commercial bid calculations Odisha Computer
Application Centre, Odisha shall rectify the same. If the Bidder does not accept the correction of
the errors, its bid may be rejected.
6.31. Concessions permissible under statutes
Bidder, while quoting against this tender, must take cognizance of all concessions permissible under the
statutes including the benefit under Central Sale Tax Act, 1956, failing which it will have to bear extra
cost where Bidder does not avail concession on rates of levies like customs duty, excise duty, sales tax,
etc. State Government will not take responsibility towards this. However, State Government may
provide necessary assistance, wherever possible, in this regard .
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6.32. Income Tax Liability
The bidder will have to bear all Income Tax liability both corporate and personal tax.
7. Section VII – General Terms and Conditions of Contract
Indicative format of Contract: {to be mutually signed by selected bidder and procuring entity}
This Contract is made and entered into on this ______day of ________, 2014 by and between Odisha
Computer Application Centre (OCAC), having its office at N1/ 7D, Acharya Vihar, PO: RRL, Near Planetarium
(herein after referred to as Purchaser/ OCAC) which term or expression, unless excluded by or repugnant to
the subject or context, shall include his successors in office and assignees on ONE PART
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
And
M/s__________________, a company registered under the Indian Companies Act, 1956 with its registered
office at _____________________ (herein after referred as the “Successful Bidder/ Supplier”) which term or
expression, unless excluded by or repugnant to the subject or context, shall include his successors in office
and assignees on the OTHER PART.
Whereas,
Purchaser is desirous of appointing an agency for (project title) as per the Scope of Work and Terms and
Conditions as set forth in the RFP document dated _________ of <Ref No _________________>.
And whereas
M/s______________ represents that it has the necessary experience for carrying out the overall work as
referred to herein and has submitted a bid and subsequent clarifications for providing the required services
against said NIB and RFP document issued in this regard, in accordance with the terms and conditions set
forth herein and any other reasonable requirements of the Purchaser from time to time.
And whereas
Purchaser has accepted the bid of supplier and has placed the Work Order vide Letter No.
__________________ dated _______, on which supplier has given their acceptance vide their Letter
No._____________ dated ____________.
And whereas
The supplier has deposited a sum of Rs. ________________/- (Rupees _________________) in the form of
__________________ ref no. _________________ dated ______________ of ____________ Bank and valid
up to _____________ as security deposit for the due performance of the contract.
Now it is hereby agreed to by and between both the parties as under: 1. The RFP document dated ____________________________ (RFP Ref No) issued by OCAC along with its
enclosures/ annexure, wherever applicable, are deemed to be taken as part of this contract and are binding on
both the parties executing this contract.
2. In consideration of the payment to be made by OCAC to supplier at the rates set forth in the work order no.
____________________ dated _________ will duly supply the said articles set forth in “Section VIII: Bill of
Material” thereof and provide related services in the manner set forth in the RFP, along with its enclosures/
annexure and Technical Bid along with subsequent clarifications submitted by supplier.
3. The OCAC do hereby agree that if supplier shall duly supply the said articles and provide related services in
the manner aforesaid observe and keep the said terms and conditions of the RFP and Contract, the OCAC will
pay or cause to be paid to supplier, at the time and the manner set forth in the said conditions of the RFP, the
amount payable for each and every project milestone & deliverable. The mode of Payment will be as specified
in the RFP document.
4. The timelines for the prescribed Scope of Work, requirement of services and deployment of technical
resources shall be effected from the date of work order i.e. ____________ and completed by supplier within
the period as specified in the RFP document.
5. In case of extension in the delivery and/ or installation period/ completion period with liquidated damages,
the recovery shall be made on the basis of following percentages of value of stores/ works which supplier has
failed to supply/ install/ complete: No.
Condition
A
Delay up to one fourth period of the prescribed period of delivery,
successful installation and completion of work
Delay exceeding one fourth but not exceeding half of the prescribed period of
delivery, successful installation and completion of work
B
Initial Draft
LD %*
2.5 %
5.0 %
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
C
Delay exceeding half but not exceeding three fourth of the prescribed
period of delivery, successful installation and completion of work
D
Delay exceeding three fourth of the prescribed
successful installation and completion of work
period
7.5 %
of delivery,
10.0 %
Note:
i. Fraction of a day in reckoning period of delay in supplies/ maintenance services shall be eliminated if
it is less than half a day.
ii. The maximum amount of agreed liquidated damages shall be 10%.
iii. If supplier requires an extension of time in completion of contractual supply on account of occurrence
of any hindrances, he shall apply in writing to the authority which had placed the work order, for the
same immediately on occurrence of the hindrance but not after the stipulated date of completion of
supply.
iv. Delivery period may be extended with or without liquidated damages if the delay in the supply of
goods in on account of hindrances beyond the control of supplier.
6. All disputes arising out of this agreement and all questions relating to the interpretation of this agreement
shall be decided as per the procedure mentioned in the RFP document.
In witness whereof the parties have caused this contract to be executed by their Authorized Signatories on this
_____day of _______________, 2014.
Signed By:
Signed By:
Name:_________________________
Name:_________________________
Designation:____________________
Designation:____________________
Company:______________________
Company:______________________
Name:_________________________
Name:_________________________
Designation:____________________
Designation:____________________
Company:______________________
Company:______________________
Name:_________________________
Name:_________________________
Designation:____________________
Designation:____________________
Company:______________________
Company:______________________
7.1. Definitions:
In this Contract, the following terms shall be interpreted as indicated:
I.
“Business Day” means any day that is not a Sunday or a public holiday (as per the official
holidays observed by Odisha Computer Application Centre
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II.
“Confidential Information” means any information disclosed to or by any Party to his Contract
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:
a. is by its nature confidential or by the circumstances in which it is disclosed confidential;
or
b. 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.
III.
“Contract” means the Agreement entered into between the Odisha Computer Application
Centre, Odisha and the “Bidder” as recorded in the Contract form signed by the Odisha
Computer Application Centre and the “Bidder/DCO” including all attachments and Annexes
thereto, the Tender and all Annexes thereto and the agreed terms as set out in the bid, all
documents incorporated by reference therein and amendments and modifications to the above
from time to time.
IV.
“Bidder’s Representative” means the person or the persons appointed by the DCO from time to
time to act on its behalf for overall co-ordination, supervision and project management.
V.
“Document” means any embodiment of any text or image however recorded and includes any
data, text, images, sound, voice, codes or and databases or microfilm or computer generated
micro fiche.
VI.
“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.
VII.
“Intellectual Property Rights” means any patent, copyright, trademark, trade name, design,
trade secret, permit, service marks, brands, propriety information, knowledge, technology,
licenses, databases, computer programs, software, know how or other
form of intellectual
property right, title, benefits or interest whether arising before or after the execution of this
Contract and the right to ownership and registration of these rights.
VIII.
“Kick Off Meeting” means a meeting convened by the Odisha Computer Application Centre to
discuss and finalize the work execution plan and procedures with Bidder.
IX.
The “DCO” means the company with whom the order has been placed for providing Services as
specified in this tender/contract and shall be deemed to include the Bidder's successors,
representatives (approved by the Odisha Computer Application Centre), theirs, executors, and
administrators and permitted assigns, as the case may be, unless excluded by the terms of the
contract.
X.
“Data Centre Operator Team” means the successful Bidder who has to provide services to the
Odisha Computer Application Centre under the scope of this Tender / Contract. This definition
shall also include any and/or all of the employees of Bidder, their authorized agents and
Representatives and approved Sub Implementation Agencies or other personnel employed or
engaged either directly or indirectly by the DCO for the purposes of the Contract.
XI.
“Parties” means the Odisha Computer Application Centre / Odisha Computer Application
Centre, Odisha and the DCO and “Party” means either of the Parties.
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XII.
“Service” means facilities/services to be provided as per the requirements specified in this
tender document and any other incidental services, such as installation, implementation,
maintenance, provision of technical assistance and other such obligations of the DCO covered
under the Contract;
XIII.
“Service Specification” means and include detailed description, statements to technical data,
performance characteristics, and standards as applicable and as specified in the Contract as
well as those specifications relating to Industry standards and codes applicable to the
performance of the work, work performance quality and the specifications affecting the works
or any additional specification required to be produced by the DCO to meet the design criteria.
XIV.
“Site” means the Data Centre space, NOC Area, Staging Area, Media and Accessories Room
and other allied areas as approved by the Odisha Computer Application Centre, Odisha for the
purposes of the contract wherein the operations / services/ facilities as specified in the scope of
work are to be provided / carried out
XV.
“Sub-Bidder” means any person or persons or firm/company or their legal representatives,
successors, assignees to which part of the contract has been outsourced by the DCO after
necessary consent of Odisha Computer Application Centre
XVI.
“The Contract Price/Value” means the price payable to the DCO under the Contract for the full
and proper performance of its contractual obligations;
XVII.
“State Govt.” shall mean Odisha Computer Application Centre, India and shall include its legal
representatives, successors and permitted assignees.
XVIII.
“State Govt.’s Representative” shall mean the person appointed by the Odisha Computer
Application Centre from time to time to act on its behalf at the site for overall coordination,
supervision and project management at site.
7.2. Interpretation
In this Contract unless a contrary intention is evident:
I.
the clause headings are for convenient reference only and do not form part of this Contract;
II.
unless otherwise specified a reference to a clause number is a reference to all of its subclauses;
III.
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;
IV.
a word in the singular includes the plural and a word in the plural includes the singular;
V.
a word importing a gender includes any other gender;
VI.
a reference to a person includes a partnership and a body corporate;
VII.
a reference to legislation includes legislation repealing, replacing or amending that Legislation;
VIII.
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.
IX.
In the event of an inconsistency between the terms of this Contract and the Tender and the Bid,
the terms hereof shall prevail.
7.3. Conditions Precedent
This Contract is subject to the fulfilment of the following conditions precedent by the bidder.
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I.
Furnishing of an unconditional and irrevocable and continuing Bank Guarantee for Contract
Performance of the sum of (10% of the total contract value), in a form and manner acceptable
to the Odisha Computer Application Centre, Odisha (Refer Clause 7.7) which would remain
valid until such time and be renewable as may be stipulated by the Odisha Computer
Application Centre, Odisha.
II.
The Odisha Computer Application Centre, Odisha reserves the right to waive any or all of the
conditions specified in 7.3.I above in writing and no such waiver shall affect or impair any right,
power or remedy that the Odisha Computer Application Centre may otherwise have.
7.4. Representations & Warranties
In order to induce Odisha Computer Application Centre, Odisha to enter into this Contract, the DCO
hereby represents and warrants as of the date hereof, which representations and warranties shall survive
the term and termination hereof, the following:
I.
That the DCO has the requisite experience in providing Data Centre services 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 Odisha Computer Application
Centre, Odisha, for the purposes of this Contract.
II.
That the DCO 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.
III.
That the representations and warranties made by the DCO 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 Odisha Computer Application Centre, Odisha specifies to the contrary, the DCO
shall be bound by all the terms of the Bid and the contract through the term of the contract.
IV.
That the DCO has 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.
V.
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.
VI.
That the DCO shall use such assets of the Odisha Computer Application Centre as the Odisha
Computer Application Centre may permit for the sole purpose of execution of its obligations
under the terms of the Bid, Tender or this Contract. The DCO shall 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.
VII.
That the DCO shall procure all the necessary permissions and adequate approvals and licenses
for use of various software’s and any copyrighted process/ product free from all claims, titles,
interests and liens thereon and shall keep Odisha Computer Application Centre, Odisha
indemnified in relation thereto.
VIII.
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.
IX.
Initial Draft
That all conditions precedent under the Contract has been satisfied.
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X.
That neither the execution and delivery by the DCO of the Contract nor the Bidder’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 Bidder, 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 DCO 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 Bidder.
XI.
That the DCO 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 DCO which is necessary to
ensure the legality, validity, enforceability or admissibility in evidence of the Contract have been
made.
XII.
That the DCO 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 DCO does not, so far as the DCO is aware, in carrying on its business and operations,
infringe any Intellectual Property Rights of any person. So far as the DCO is aware, none of the
Intellectual Property Rights, owned or enjoyed by the DCO or which the DCO is licensed to use,
which are material in the context of Bidder’s business and operations for the performance
of
this contract are being infringed nor, so far as the DCO is aware, is there any infringement
or threatened infringement of those Intellectual Property Rights licensed or provided to
the
DCO by any person. All Intellectual Property Rights (owned by the DCO or which the DCO
is
licensed to use) required by the DCO 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 Odisha Computer Application Centre, Odisha indemnified in relation thereto.
XIII.
That time is the essence of the Contract and hence the DCO shall at all times maintain
sufficient manpower, resources, and facilities, to provide the Services in a workmanlike manner
on a timely basis.
XIV.
That its security measures, policies and procedures are adequate to protect and maintain the
confidentiality of the Confidential Information.
XV.
That in providing the Services or deliverables or materials, neither DCO 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.
7.5. Scope of work / contract
I.
Scope of the CONTRACT shall be as defined in this CONTRACT, Scope of work including
specifications and drawings and the Service level agreement and annexes thereto of this
tender.
II.
Odisha Computer Application Centre, Odisha has engaged the DCO for maintenance, and
operations of physical and IT infrastructure of State Data Centre at Odisha state. The DCO is
required to provide such services, support and infrastructure as necessary, during the term of
this Contract, and includes all such processes and activities which are consistent with the
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proposals set forth in the Bid, the Tender and this Contract and are deemed necessary by the
Odisha Computer Application Centre, in order to meet its business requirements (hereinafter
‘scope of work’).
III.
If any services, functions or responsibilities not specifically described in this Contract are
inherent, necessary or customary part of the Services or are required for proper performance or
provision of the Services in accordance with this Contract, they shall be deemed to be included
within the scope of the work to be delivered for the Charges, as if such services, functions or
responsibilities were specifically described in this Contract.
IV.
The Odisha Computer Application Centre, Odisha reserves the right to amend any of the terms
and conditions with mutual agreement in relation to the Scope of Work and may issue any such
directions which are not necessarily stipulated therein if it deems necessary for the fulfilment of
the Scope of Work pursuant to Clause 7.27.
7.6. Duration of the contract
The CONTRACT shall remain valid for a period of Two Years from the date of signing of contract.
7.7. Bank Guarantee
Within 10 days after awarding the contract DCO shall furnish Contract Performance Guarantee to the
Odisha Computer Application Centre, which shall be equal to 10% of the value of the Contract and valid
for the entire duration of the O&M contract and shall be in the form of a Bank Guarantee Bond from a
Nationalized Bank in the Performa given at Section XI – Performa Format 3.
7.8. Operation and Maintenance Bidder Obligations
7.8.1. The DCO would be required to develop, maintain and manage the proposed State Data
Centre facilities. It will be the DCO 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.
7.8.2. In addition to the aforementioned, the DCO shall:
a) Perform the Services specified by the Odisha Computer Application Centre, Odisha 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.
b) The DCO shall ensure that persons are competent, professional and possesses the requisite
qualifications and experience appropriate to the task they are required to perform under this
Contract. The DCO shall ensure that the Services are performed through the efforts of the
Bidder’s Team, in accordance with the terms hereof and to the satisfaction of the Odisha
Computer Application Centre Nothing in this Contract relieves the DCO from its liabilities or
obligations under this Contract to provide the Services in accordance with the Odisha Computer
Application Centre directions and requirements and as stated in this Contract and the Bid to the
extent accepted by the Odisha Computer Application Centre and the DCO shall be liable for any
non-performance, non-compliance, breach or other loss and damage resulting either directly or
indirectly by or on account of its Team.
c) During the maintenance and support contract period, the bidder shall be responsible to ensure
adequate and timely availability of spare parts needed for repairing the equipments/parts. The
bidder has to see the end of support/end of sale/end of service dates being declared by
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respective OEM’s time to time and make necessary arrangements of spares for catering
maintenance needs of equipments/parts during entire contract period. In case, at the time of
resolution of any compliant, the equipment(s)/part(s) is found non-serviceable during contract
period, the selected service provider shall be responsible for replacing the non-serviceable
equipment/part with same/higher configuration equipment/part of the same make at no extra
cost to the purchaser.
7.8.3. Knowledge of Site Conditions
a) DCO 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.
b) The DCO shall be deemed to have understood the requirements and have satisfied himself 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 therewith under the Contract and his ability to perform it.
c) DCO 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 DCO
undertaking the works shall cover all the obligation, matters and things necessary for proper
execution and maintenance of the works in accordance with the Contract and for complying with
any instructions which Odisha Computer Application Centre, Odisha Representative may issue
in accordance with the connection therewith and of any proper and reasonable measures which
the DCO takes in the absence of specific instructions from Odisha Computer Application
Centre, Odisha Representative.
7.9. Data Centre FMS Team
7.9.1. The DCO shall supply to Odisha Computer Application Centre, Odisha 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
DCO for execution of the work/facilities including the identities and Curriculum-Vitae of the key
personnel to be deployed. The DCO shall promptly inform the Odisha Computer Application
Centre, Odisha in writing, of any revision or alteration of such organization charts.
7.9.2. The DCO 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.
7.9.3. The DCO 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.
7.9.4. Odisha Computer Application Centre, representative may at any time object to and require
the DCO to remove forthwith from the site a supervisor or any other authorized representative
or employee of the DCO or any person(s) deployed by DCO or his sub-Bidder, if, in the
opinion of the Odisha Computer Application Centre representative the person in question has
mis-conducted himself or his deployment is otherwise considered undesirable by Odisha
Computer Application Centre Odisha. Representative the DCO shall forthwith remove and
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shall not again deploy the person in question of the work site without the written consent of the
Odisha Computer Application Centre Representative.
7.9.5. The DCO shall maintain backup personnel and shall promptly provide replacement of every
person removed, pursuant to this section, with an equally competent substitute from the pool
of backup personnel.
7.9.6. In case of change in its team composition owing to attrition, the DCO 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 exiting team member should be replaced with an equally competent
substitute from the pool of backup personnel.
7.10. Statutory Requirements
7.10.1. During the tenure of this Contract nothing shall be done by the DCO 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 Odisha Computer Application
Centre, Odisha indemnified in this regard.
7.10.2. The DCO and their personnel/representative shall not alter / change / replace any hardware
component proprietary to Odisha Computer Application Centre, Odisha and/or under warranty
or AMC of third party without prior consent of Odisha Computer Application Centre, Odisha.
7.10.3. The DCO and their personnel/ representative shall not without consent of Odisha Computer
Application Centre, Odisha install any hardware or software not purchased / owned by Odisha
Computer Application Centre, Odisha.
7.11. Contract Administration
7.11.1. Either party may appoint any individual / organization as their authorized representative
through a written notice to the other party. Each Representative shall have the authority to:
a) exercise all of the powers and functions of his/ her Party under this Contract other than the
power to amend this Contract and ensure the proper administration and performance of the
terms hereof; and
b) bind his or her Party in relation to any matter arising out of or in connection with this Contract.
7.11.2. A Committee comprising of representatives from Odisha Computer Application Centre,
Odisha and the DCO shall meet on a quarterly basis to discuss any issues / bottlenecks being
encountered. The DCO shall draw the minutes of these meetings and circulate to the Odisha
Computer Application Centre.
7.12. Right of Monitoring, Inspection and Periodic Audit
7.12.1. Odisha Computer Application Centre, Odisha 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 Bidder. Odisha Computer Application
Centre, Odisha may demand and upon such demand being made, Odisha Computer
Application Centre, Odisha 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.
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7.12.2. Odisha Computer Application Centre, Odisha shall also have the right to conduct, either
itself or through another TPA as it may deem fit, an audit to monitor the performance by the
DCO of its obligations/functions in accordance with the standards committed to or required by
Odisha Computer Application Centre, Odisha and the DCO undertakes to cooperate with and
provide to the Odisha Computer Application Centre, Odisha / any other DCO appointed by
Odisha Computer Application Centre, Odisha , 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 DCO failing which the Odisha
Computer Application Centre, Odisha may, without prejudice to any other rights that it may
have issue a notice of default.
7.13. Odisha Computer Application Centre Obligations
7.13.1. Odisha Computer Application Centre Representative shall provide the required information,
clarifications, and to resolve any issues as may arise during the execution of the Contract.
Odisha Computer Application Centre, Odisha shall provide adequate cooperation in providing
details, assisting with coordinating and obtaining of approvals from various governmental
agencies, in cases, where the intervention of Odisha Computer Application Centre, Odisha is
proper and necessary.
7.13.2. Whenever the supply of goods and related services requires that the Supplier/ Selected
Bidder obtain permits, approvals, and import and other licenses from local public authorities,
the Purchaser shall, if so required by the Supplier/ Selected Bidder, make its best effort to
assist the Selected Bidder in complying with such requirements in a timely and expeditious
manner.
7.13.3. The Purchaser shall pay all costs involved in the performance of its responsibilities, in
accordance with the general and special conditions of the contract.
7.14. Limitation of Liability
7.14.1. Except in cases of gross negligence or wilful misconduct: a) neither party shall be liable to the other party for any indirect or consequential loss or damage,
loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion
shall not apply to any obligation of the supplier/ selected bidder to pay liquidated damages to
the Purchaser; and
b) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether under the
Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract, provided
that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to
any obligation of the supplier/ selected bidder to indemnify the Purchaser with respect to patent
infringement.
7.15. Information Security
7.15.1. The DCO 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 Odisha Computer Application Centre, out of Data Centre premises without
prior written permission from the Odisha Computer Application Centre.
7.15.2. The DCO shall adhere to the Information Security policy developed by Odisha Computer
Application Centre, Odisha.
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7.15.3. DCO acknowledges that Odisha Computer Application Centre, Odisha business data and
other Odisha Computer Application Centre, Odisha proprietary information or materials,
whether developed by Odisha Computer Application Centre, Odisha or being used by Odisha
Computer Application Centre, Odisha pursuant to a license agreement with a third party (the
foregoing collectively referred to herein as “proprietary information”) are confidential and
proprietary to Odisha Computer Application Centre, Odisha ; and DCO agrees to use
reasonable care to safeguard the proprietary information and to prevent the unauthorized use
or disclosure thereof, which care shall not be less than that used by DCO to protect its own
proprietary information. DCO recognizes that the goodwill of Odisha Computer Application
Centre depends, among other things, upon DCO keeping such proprietary information
confidential and that unauthorized disclosure of the same by DCO could damage Odisha
Computer Application Centre and that by reason of Bidder’s duties hereunder. DCO may
come into possession of such proprietary information, even though DCO 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. DCO shall use such information only for the purpose of
performing the said services.
7.15.4. DCO shall, upon termination of this agreement for any reason, or upon demand by Odisha
Computer Application Centre, whichever is earliest, return any and all information provided to
DCO by Odisha Computer Application Centre, including any copies or reproductions, both
hard copy and electronic.
7.16. Ownership of Equipment
Odisha Computer Application Centre, Odisha shall own the equipment and data centre infrastructure,
supplied by the DCO arising out of or in connection with this Contract.
7.17. Transit Risks
For successful bidders for supplies to the receiving points any damage, shortage, loss, deterioration,
demurrage, warfare etc. will be to the account of the supplier
7.18. Insurance
7.18.1. The Goods supplied/ brought under the Contract shall be fully insured against loss by theft,
destruction or damage incidental to manufacture or acquisition, transportation, storage, fire,
flood, under exposure to weather and delivery at the designated project locations, in
accordance with the applicable terms. The insurance charges will be borne by the supplier
and Purchaser will not be required to pay such charges if incurred.
7.18.2. The manpower provided/deputed under the contract shall be insured against any accident/
mis happening in the premises of work.
7.19. Incidental Services
The Bidder may be required to provide all of the following services:
a) Performance, Supervision or maintenance and/or repair of the supplied Goods, for a period of time
agreed by the parties.
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b) These incidental services shall not relieve the Bidder of any warranty obligations under this tender.
7.20. Warranty
a) The Bidder is required to provide warranty valid for 24 months for all the equipments.
b) The Bidder shall warrant that the services provided under the contract shall be as per the Service
Level Agreement (SLA) defined in the tender.
c) Odisha Computer Application Centre shall promptly notify the Bidder about any claims arising
under this warranty. Upon receipt of such notice, the bidder shall repair/ replace/ reconfigure/ reprovision the defective equipment or service.
d) If the bidder, having been notified, fails to remedy the defect(s) within the period specified in the
SLA, Odisha Computer Application Centre may proceed to take such remedial action as may be
necessary at the Bidder’s risk and expense and without prejudice to any other rights, which Odisha
Computer Application Centre may have against the Bidder under the contract.
7.21. Subcontracting by Bidder
The bidder shall not assign or sub-let his contract or any substantial part thereof to any other agency
excluding the physical security services which can be availed as per prevailing GoO rules and
housekeeping services.
7.22. Performance and Spares
a) The Bidder shall specify in the Technical Proposal the complete list of spares that will be
maintained for meeting the various SLA parameters specified in the tender.
b) The Successful Bidder shall stand guarantee for the supply of spares of all the equipment under
the scope of supply for a minimum period of 2 years from the date of awarding the contract and
also guarantee that discontinuity of production of any item offered as a part of the system shall not
affect the maintainability of the system for a period of 2 years from the start date of operation and
maintenance support of data centre.
7.23. Indemnity
The DCO shall execute and furnish to Odisha Computer Application Centre, Odisha, a Deed of
Indemnity in favor of the Odisha Computer Application Centre in a form and manner acceptable to the
Odisha Computer Application Centre, indemnifying the Odisha Computer Application Centre 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:
I.
Any negligence or wrongful act or omission by the DCO or the Bidder’s Team or any subBidder/ third party in connection with or incidental to this Contract; or
II.
Any breach of any of the terms of the Bidder’s Bid as agreed, the Tender and this Contract by
the Bidder, the Bidder’s Team or any sub Bidder/ third party.
III.
The indemnity shall not be more than 100% of project value in favor of the Odisha Computer
Application Centre
7.24. Confidentiality
7.24.1. The DCO shall not use Confidential Information (CCTV records, Biometric Records etc), the
name or the logo of Odisha Computer Application Centre, Odisha except for the purposes of
providing the Service as specified under this contract.
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7.24.2. The DCO may only disclose Confidential Information in the following circumstances:
a) With the prior written consent of the Odisha Computer Application Centre.
b) To a member of the Bidder’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.
7.24.3. The DCO shall do everything reasonably possible to preserve the confidentiality of the
Confidential Information including execution of a confidentiality agreement with the members
of the sub Bidder and other service provider’s team members to the satisfaction of the Odisha
Computer Application Centre
7.24.4. The DCO shall sign a Non Disclosure Agreement (NDA) with the Odisha Computer
Application Centre. The DCO will be held responsible for any breach of the NDA by its
antecedents, delegates or sub-Implementation Agencies.
7.24.5. The DCO shall notify the Odisha Computer Application Centre 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 Odisha Computer Application Centre
7.24.6. The DCO shall be liable to fully recompense the Odisha Computer Application Centre for
any loss of revenue arising from breach of confidentiality. The Odisha Computer Application
Centre reserves the right to adopt legal proceedings, civil or criminal, against the DCO in
relation to a dispute arising out of breach of obligation by the DCO under this clause.
7.24.7. Term and Extension of the Contract
7.24.8. The term of this Contract shall be initially for a period of two years from the date of signing of
SLA with OCAC.
7.24.9. The Odisha Computer Application Centre shall reserve the sole right to grant any extension
to the term above mentioned and shall notify in writing to the Bidder, at least 6 months before
the expiration of the Term hereof, whether it will grant the DCO an extension of the Term. The
decision to grant or refuse the extension shall be at the Odisha Computer Application Centre
discretion
7.24.10. Where the Odisha Computer Application Centre is of the view that no further extension of
the term be granted to the Bidder, the Odisha Computer Application Centre shall notify the
DCO of its decision at least 6 (six) months prior to the expiry of the Term. Upon receipt of
such notice, the
7.24.11. DCO shall continue to perform all its obligations hereunder, until such reasonable time
beyond the Term of the Contract within which, the Odisha Computer Application Centre shall
either appoint an alternative Bidder/service provider or create its own infrastructure to operate
such Services as are provided under this Contract.
7.25. Prices
7.25.1. Prices quoted must be firm and shall not be subject to any upward revision on any account
whatsoever throughout the period of contract. Odisha Computer Application Centre however
reserves the right to review and negotiate the charges payable for the Data Centre Hire, its
Facilities, Maintenance and Management at the beginning of the each year or at any time at
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the request of Odisha Computer Application Centre whichever is earlier to incorporate
downward revisions as applicable and necessary.
7.26. Change Orders / Alteration / Variation
The DCO 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 Odisha Computer Application
Centre
7.26.1. Change Order
7.26.1.1. The change order will be initiated only in case
I.
The Odisha Computer Application Centre directs in writing the DCO 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,
II.
DCO 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 Odisha Computer Application Centre and for which cost and time benefits shall be
passed on to the Odisha Computer Application Centre.
III.
The Odisha Computer Application Centre directs in writing the DCO to incorporate
changes or additions to the Design Criteria requirements already covered in the
Contract.
7.26.1.2. Any change order as stated in Clause 7.27.1.1. 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.
7.26.1.3. If there is a difference of opinion between the DCO and Odisha Computer Application
Centre 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
forth in Clause 7.27.2.2.
7.26.1.4. Within ten (10) working days of receiving the comments from the Odisha Computer
Application Centre on specification, purchase requisitions and other documents
submitted by the DCO for approval, the DCO shall respond in writing, which item(s) of
the Comments is / are potential changes(s) in the “Scope of Work, Deliverables and
Timelines” at Section IV of the tender document covered in the Contract and shall
advise a date by which change order (if applicable) will be submitted to the Odisha
Computer Application Centre.
7.26.2. Procedures for Change Order
7.26.2.1. During detailed Engineering and subsequently, if the DCO 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 Odisha Computer Application
Centre, while approving the specifications, calculations, purchase requisitions, other
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documents etc. he would verbally discuss the matter with Odisha Computer Application
Centre Representative.
7.26.2.2. In case such requirement arises from the side of the bidder, he would also verbally
discuss the matter with Odisha Computer Application Centre Representative giving
reasons thereof.
7.26.2.3. In either of the two cases as explained in Clause 7.27.2.1 and 7.27.2.2 above, the
representatives of both the parties will discuss on the new requirement for better
understanding and to mutually decide whether such requirement constitutes a change
order or not.
7.26.2.4. If it is mutually agreed that such Requirement constitutes a “Change Order” then a
joint memorandum will be prepared and signed by the DCO and Odisha Computer
Application Centre to confirm a “Change Order” and basic ideas of necessary agreed
arrangement.
7.26.2.5. Upon completion of the study referred to above under Clause 7.27.2.4, 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 Odisha Computer
Application Centre to enable the Odisha Computer Application Centre to give a final
decision whether DCO should proceed with the change order or not in the best interest
of the works. The estimated cost and time impact indicated by DCO 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 DCO fails to submit all necessary substantiation/calculations and
back up documents, the decision of the Odisha Computer Application Centre regarding
time and cost impact shall be final and binding on the Bidder.
7.26.2.6. If Odisha Computer Application Centre accepts the implementation of the change
order under Clause 7.27.2.5 above in writing, which would be considered as change
order, then DCO 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.
7.26.2.7. In case, mutual agreement whether new requirement constitutes the change order or
not, is not reached, then DCO in the interest of the works, shall take up the
implementation of the work, if advised in writing to do so by Odisha Computer
Application Centre, Odisha 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. Should it establish that the said work constitutes
a change order, the same shall be compensated taking into account the records kept in
accordance with the Contract.
7.26.2.8. The DCO 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 Odisha Computer Application Centre review. If no agreement is reached between
the Odisha Computer Application Centre and DCO within 60 days after Odisha
Computer Application Centre, Odisha
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concerning the increase or decrease in the Contract price and all other matters
described above, either party may refer the dispute to arbitration.
7.26.3. Change of Size/ Quantities
a) The Purchaser may at any time order the supplier/ selected bidder through Notice in accordance with
clause “Notices” above, to make changes within the general scope of the Contract in any one or more of
the following: a. drawings, designs, or specifications, where Goods to be furnished under the Contract are to be
specifically manufactured for the Purchaser;
b. the method of shipment or packing;
c.
the place of delivery; and
d. the related services to be provided by the supplier/ selected bidder.
b) If any such change causes an increase or decrease in the cost of, or the time required for, the
supplier’s/ selected bidder’s performance of any provisions under the Contract, an equitable adjustment
shall be made in the Contract Price or in the Delivery and Completion Schedule, or both, and the
Contract shall accordingly should be amended. Any claims by the supplier/ selected bidder for
adjustment under this clause must be asserted within thirty (30) days from the date of the supplier’s/
selected bidder’s receipt of the Purchaser’s change order.
c)
Prices to be charged by the supplier/ selected bidder for any related services that might be needed but
which were not included in the Contract shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the supplier/ selected bidder for similar services.
7.27. Suspension of Work
7.27.1. The DCO shall, if ordered in writing by the Odisha Computer Application Centre
Representative, temporarily suspend the works or any part thereof for such a period and such
a time as ordered. The DCO 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 Bidder, if request for same is
made and that the suspension was not consequent to any default or failure on the part of the
Bidder. In case the suspension of works, is not consequent to any default or failure on the part
of the Bidder, and lasts for a period of more than 2 months, the DCO shall have the option to
request the Odisha Computer Application Centre to terminate the Contract with mutual
consent.
7.27.2. In the event that the Odisha Computer Application Centre suspends the progress of work for
any reason not attributable to the DCO for a period in excess of 30 days in aggregate,
rendering the DCO to extend his performance guarantee then Odisha Computer Application
Centre, Odisha 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 DCO producing the requisite evidence from the bank concerned.
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7.28. Completion of Contract
7.28.1. Unless terminated earlier, pursuant to Clauses 7.4, 7.16, 7.24 the Contract shall terminate
on the completion of term as specified in the Contract and only after the obligations mentioned
in Clause 7.35 are fulfilled to the satisfaction of the Odisha Computer Application Centre
7.28.2. Special Conditions of Contract: Amendments of, and Supplements to, Clauses in the
General Conditions of Contract.
7.29. Payment Term and Schedule
7.29.1. The fee amount will be equal to the amount specified in Section X - Format for Tender
Response - Commercial Bid. Payments will be released only on satisfactory acceptance of the
deliverables for each Task as per the following schedule: Subject to discussion by Odisha
State
a) The due payment to the selected bidder shall be made on quarterly basis i.e. at the end of each
quarter.
b) The supplier’s/ selected bidder’s request for payment shall be made to the purchaser in writing,
accompanied by invoices describing, as appropriate,
services
performed,
and by the
required documents submitted pursuant to general conditions of the contract and upon
fulfilment of all the obligations stipulated in the Contract.
c) Due payments shall be made promptly by the purchaser, generally within sixty (60) days
after submission
of request
for payment
along with an invoice
and all other requisite
documents by the supplier/ selected bidder (which will be forwarded for audit to the Third Party
Auditor), after receipt of third party audit report and its acceptance by the purchaser.
d) The currency or currencies in which payments shall be made to the supplier/ selected bidder
under this Contract shall be Indian Rupees (INR) only.
e) All remittance charges will be borne by the supplier/ selected bidder.
f) In case of disputed items, the disputed amount shall be withheld and will be paid only after
settlement of the dispute.
g) Any penalties/ liquidated damages, as applicable, for delay and non-performance, as mentioned
in this bidding document, shall be deducted from the payments for the respective milestones.
h) Taxes, as applicable, shall be deducted/ paid as per the prevalent rules and regulations.
The broad categories of services to be provisioned by DCO as mentioned in the below table
Sl. No. Work/ Services
Deliverable
All deliverables mentioned
against activities for
1.
Comprehensive
“Comprehensive onsite
Maintenance
Maintenance” as defined in
Services
clause “Project Deliverables” in
Section IV “Scope of Work,
Deliverables & Timelines”
Initial Draft
Payable Amount
Quarterly Maintenance Cost as quoted in
financial bid for equipments covered
under maintenance in given quarter
after deducting
all penalties/liquidated
damages and also including / deducting
taxes as per applicable law
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All
Facility
2.
Management
Services
deliverables
as
defined
in clause “Project Deliverables”
in Section IV
Scope of Work,
Deliverables & Timelines”
Quarterly
FMS
financial
bid
Cost
after
as quoted
in
deducting
all
penalties/ liquidated damages and also
including / deducting taxes as per
applicable law
7.29.2. All Payments shall be made in Indian Rupees Only and will be subject to provisions of
clauses 7.36 and 7.37.
7.29.3. Payment of 1st QGR will only be released after submission of all necessary documents,
AMC, compressive warranty detail, manpower, Final Acceptance Report.
7.30. Events of Default
7.30.1. The failure on the part of the DCO 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 Bidder. The events
of default as mentioned above may include inter - alias the following:
a) The DCO has failed to perform any instructions or directives issued by the Odisha Computer
Application Centre which it deems proper and necessary to execute the scope of work under the
Contract, or
b) The DCO has failed to adhere to any of the key performance indicators as laid down in the Key
Performance Measures / Contract, or if the DCO has fallen short of matching such
standards/targets as the Odisha Computer Application Centre 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 DCO may be in terms of failure to adhere to
timelines, specifications, requirements or any other criteria as defined by the Odisha Computer
Application Centre;
c) The DCO has failed to remedy a failure to perform its obligations in accordance with the
specifications issued by the Odisha Computer Application Centre, despite being served with a
default notice which laid down the specific deviance on the part of the DCO to comply with any
stipulations or standards as laid down by the Odisha Computer Application Centre; or
d) The Bidder/Bidder’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 Odisha
Computer Application Centre during the term of this Contract and which the Odisha Computer
Application Centre deems proper and necessary for the execution of the scope of work under
this Contract
e) The DCO 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
f) 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 Bidder.
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g) The Bidder/Bidder’s Team has failed to comply with or is in breach or contravention of any
applicable laws.
7.30.2. Where there has been an occurrence of such defaults inter alia as stated above, Odisha
Computer Application Centre, Odisha shall issue a notice of default to the Bidder, setting out
specific defaults / deviances / omissions and providing a notice of Sixty (60) days to enable
such defaulting party to remedy the default committed.
7.30.3. Where despite the issuance of a default notice to the DCO by the Odisha Computer
Application Centre the DCO fails to remedy the default to the satisfaction of the Bidder,
Odisha Computer Application Centre, Odisha 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
Odisha Computer Application Centre
7.31. Consequences in Event of Default
I.
The tender sanctioning authority of OCAC may, without prejudice to any other remedy for breach of
contract, by a written notice of default of at least 30 days sent to the supplier/ selected bidder,
terminate the contract in whole or in part: a. If the supplier/ selected bidder fails to deliver any or all quantities of the service within the
time period specified in the contract, or any extension thereof granted by OCAC; or
b.
If the supplier/ selected bidder fails to perform any other obligation under the contract
within the specified period of delivery of service or any extension granted thereof; or
c.
If the supplier/ selected bidder, in the judgment of the Purchaser, is found to be engaged in
corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the
contract.
d. If the supplier/ selected bidder commits breach of any condition of the contract.
II.
If OCAC terminates the contract in whole or in part, amount of PBG may be forfeited.
III.
Before cancelling a contract and taking further action, advice of senior most finance person
available in the office and of legal adviser or legal assistant posted in the office, if there is one, may
be obtained.
7.32. Terminate the Contract
7.32.1. Retain such amounts from the payment due and payable by the Odisha Computer
Application Centre to the DCO as may be required to offset any losses caused to the Odisha
Computer Application Centre as a result of such event of default and the DCO shall
compensate the Odisha Computer Application Centre for any such loss, damages or other
costs, incurred by the Odisha Computer Application Centre in this regard. Nothing herein shall
effect the continued obligation of the sub DCO / other members of its Team to perform all their
obligations and responsibilities under this Contract in an identical manner as were being
performed before the occurrence of the default.
7.32.2. 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
DCO may have resulted from such default and pursue such other rights and/or remedies that
may be available to the Odisha Computer Application Centre under law.
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7.33. Termination
7.33.1. The Odisha Computer Application Centre may, terminate this Contract in whole or in part by
giving the DCO prior and written notice indicating its intention to terminate the Contract under
the following circumstances:
a) Where the Odisha Computer Application Centre is of the opinion that there has been such
Event of Default on the part of the DCO which would make it proper and necessary to terminate
this Contract and may include failure on the part of the DCO to respect any of its commitments
with regard to any part of its obligations under its Bid, the Tender or under this Contract.
b) Where it comes to the Odisha Computer Application Centre’s attention that the DCO (or the
Bidder’s Team) is in a position of actual conflict of interest with the interests of the Odisha
Computer Application Centre, in relation to any of terms of the Bidder’s Bid, the Tender or this
Contract
c) Where the Bidder’s ability to survive as an independent corporate entity is threatened or is lost
owing to any reason whatsoever, including inter-alia the filing of any bankruptcy proceedings
against the Bidder, any failure by the DCO to pay any of its dues to its creditors, the institution of
any winding up proceedings against the DCO or the happening of any such events that are
adverse to the commercial viability of the Bidder. In the event of the happening of any events of
the above nature, the Odisha Computer Application Centre shall reserve the right to take any
steps as are necessary, to ensure the effective transition of the project to a successor
Bidder/service provider, and to ensure business continuity
d) Termination for Insolvency: The Odisha Computer Application Centre may at any time
terminate the Contract by giving written notice to the Bidder, without compensation to the
Bidder, if the DCO 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 the Odisha Computer Application Centre
e) Termination for Convenience: The Odisha Computer Application Centre, may, by prior written
notice sent to the DCO 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 Odisha Computer Application Centre convenience, the extent to which performance of work
under the Contract is terminated, and the date upon which such termination becomes effective.
7.33.2. The DCO may, subject to approval by the Odisha Computer Application Centre, terminate
this Contract before the expiry of the term by giving the Odisha Computer Application Centre a
prior and written notice at least 6 months in advance indicating its intention to terminate the
Contract.
7.34. Consequences of Termination
7.34.1. In the event of termination of this contract due to any cause whatsoever, the DCO shall be
blacklisted and the empanelment with stand cancelled effective from the date of termination of
this contract.
7.34.2. 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 Odisha Computer
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Application Centre, Odisha 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 DCO 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 Odisha Computer Application Centre and/or the successor
Bidder/service provider, as may be required, to take over the obligations of the erstwhile DCO
in relation to the execution/continued execution of the scope of this Contract.
7.34.3. Where the termination of the Contract is prior to its stipulated term on account of a Default
on the part of the DCO or due to the fact that the survival of the DCO as an independent
corporate entity is threatened/has ceased, or for any other reason, whatsoever, the Odisha
Computer Application Centre, Odisha through unilateral re-determination of the consideration
payable to the DCO shall pay the DCO for that part of the Services which have been
authorized by the Odisha Computer Application Centre and satisfactorily performed by the
DCO up to the date of termination. Without prejudice any other rights, the Odisha Computer
Application Centre may retain such amounts from the payment due and payable by the
Odisha Computer Application Centre to the DCO as may be required to offset any losses
caused to the Odisha Computer Application Centre as a result of any act/omissions of the
Bidder. In case of any loss or damage due to default on the part of the DCO in performing any
of its obligations with regard to executing the scope of work under this Contract, the DCO shall
compensate the Odisha Computer Application Centre for any such loss, damages or other
costs, incurred by the Odisha Computer Application Centre
7.34.4. Additionally, the DCO / 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 DCO 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 Odisha Computer Application Centre, Odisha and as may be proper and
necessary to execute the scope of work under the Contract in terms of the Bidder’s Bid, the
Tender and this Contract.
7.34.5. Nothing herein shall restrict the right of the Odisha Computer Application Centre 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 Odisha
Computer Application Centre under law.
7.34.6. 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.
7.35. Penalty
7.35.1. Commencement of activities for Data Centre facilities and on-going performance and
service levels shall be as per timelines and parameters stipulated by the Odisha Computer
Application Centre in this contract, failing which the Odisha Computer Application Centre may,
at its discretion, impose Penalties on the DCO as defined in Section V - Service Level
Agreement of the Tender document.
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7.36. Extension in Delivery Period and Liquidated Damages (LD)
a) Except as provided under clause “Force Majeure”, if a selected bidder fails to commence the
Services within the period specified in the contract, the Purchaser may without prejudice to all its
other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum
equivalent to the percentage specified in (d) below for each week or part thereof of delay until actual
date of commencement, up to a maximum deduction of the percentage specified in the bidding
document and/ or contract. Once the maximum is reached, the Purchaser may terminate the
Contract pursuant to clause “Termination”.
b) The time specified for commencement of services in the bidding document shall deemed to be the
essence of the contract and the selected bidder shall arrange goods supply and related services
within the specified period.
c) Date of commencement of Services may be extended with or without liquidated damages, if the
delay in the commencement of service is on account of hindrances beyond the control of the
supplier/ selected bidder.
I.
The supplier/ selected bidder shall request in writing to the Purchaser giving reasons
for extending the delivery period of service, if he finds himself unable to commence the
service within the stipulated delivery period or is unable to maintain prorate progress in the
service delivery. This request shall be submitted as soon as a hindrance in commencement
of service occurs or within 15 days from such occurrence but before expiry of
stipulated period of completion of Service delivery after which such request shall not be
entertained.
II.
The Purchaser shall examine the justification of causes of hindrance in commencement
of service and the period of delay occurred due to that and recommend the competent
authority on the period of extension which should be granted with or without liquidated
damages.
III.
Normally, extension in delivery period of service in following circumstances may be
considered without liquidated damages:
i.
When delay has occurred due to delay in supply of drawings, designs, plans etc. if
the OCAC was required to supply them to the supplier of goods or service provider
as per terms of the contract.
ii.
When delay has occurred in supply of materials etc. if these were required to be
supplied to the supplier or service provider by the OCAC as per terms of the contract.
IV.
If the competent authority agrees to extend the delivery period/ schedule, an amendment to
the contract with suitable denial clauses and with or without liquidated damages, as the case
may be, shall be issued. The amendment letter shall mention that no extra price or additional
cost for any reason, what so ever beyond the contracted cost shall be paid for the delayed
supply of goods and service.
V.
It shall be at the discretion of the concerned authority to accept or not to accept the services
rendered by the contractor after the expiry of the stipulated delivery period, if no formal
extension in delivery period has been applied and granted. The competent authority shall
have right to cancel the contract with respect to undelivered service.
VI.
If OCAC is in need of the good and/ or service rendered after expiry of the stipulated delivery
period, it may accept the services and issue a letter of extension in delivery period with usual
liquidated damages and denial clauses to regularize the transaction.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
d) In case of extension in the delivery and/ or installation/ completion/ commissioning period is granted
with full liquidated damages, the recovery shall be made on the basis of following percentages of value
of goods and/ or service which the supplier/ selected bidder has failed to supply/ install/ complete : -
No.
Condition
a
Delay up to one fourth period of the prescribed period of delivery,
successful installation and completion of work
2.5 %
b
Delay exceeding one fourth but not exceeding half of the prescribed period
of delivery, successful installation and completion of work
5.0 %
C
Delay exceeding half but not exceeding three fourth of the
prescribed period of delivery, successful installation and completion of
work
7.5 %
d
Delay exceeding three fourth of the prescribed
delivery, successful installation and completion of work
i.
LD %*
period
of
10.0 %
Fraction of a day in reckoning period of delay in supplies, successful installation and
completion of work shall be eliminated, if it is less than half a day.
ii.
The maximum amount of liquidated damages shall be 10% of the contract value.
iii.
*The percentage refers to the payment due for the associated services for one quarter.
7.36.1. In the case it leads to termination, Odisha Computer Application Centre, Odisha shall give
30 days’ notice to the DCO of its intention to terminate the Contract and shall so terminate the
Contract unless during the 30 days notice period, the DCO initiates remedial action
acceptable to the Odisha Computer Application Centre
7.36.2. The Odisha Computer Application Centre 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 DCO in its hands (which includes Odisha Computer Application Centre, Odisha right to
claim such amount against Bidder’s Bank Guarantee) or which may become due to the
Bidder. Any such recovery or liquidated damages shall not in any way relieve the DCO from
any of its obligations to complete the Works or from any other obligations and liabilities under
the Contract.
7.37. Dispute Resolution
7.37.1. Odisha Computer Application Centre, Odisha and the DCO 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.
7.37.2. If, after Thirty (30) days from the commencement of such direct informal negotiations, the
Odisha Computer Application Centre and the DCO have been unable to resolve amicably a
Contract dispute, either party may require that the dispute be referred for resolution to the
formal mechanism specified in Clauses 7.38.3 and 7.38.4.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
7.37.3. In the case of a dispute or difference arising between the Odisha Computer Application
Centre and the DCO relating to any matter arising out of or connected with this Contract, such
dispute or difference shall be referred to the award of two Arbitrators, one Arbitrator to be
nominated by Odisha Computer Application Centre, Odisha and the other to be nominated by
the DCO or in case of the said Arbitrators not agreeing, then to the award of an Umpire to be
appointed by the Arbitrators in writing before proceeding with the reference, and in case the
Arbitrators cannot agree to the Umpire, he may be nominated by the Secretary, Indian Council
of Arbitration, New Delhi. The award of the Arbitrators, and in the event of their not agreeing,
of the Umpire appointed by them or by the Secretary, Indian Council of Arbitration, New Delhi,
shall be final and binding on the parties.
7.37.4. The Arbitration and Conciliation Act 1996, the rules there under and any statutory
modification or re-enactments thereof, shall apply to the arbitration proceedings.
7.37.5. The venue of arbitration shall be at BHUBANESWAR, ODISHA
7.37.6. The Odisha Computer Application Centre, Odisha may terminate this contract, by giving a
written notice of termination of minimum 30 days, to the Bidder, if the DCO fails to comply with
any decision reached consequent upon arbitration proceedings pursuant to Clause 7.37.
7.37.7. Continuance of the Contract:
7.37.8. 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.
7.38. Limitation of Bidder Liability towards OCAC
7.38.1. Except in case of gross negligence or wilful misconduct on the part of the DCO or on the
part of any person or company acting on behalf of the DCO in carrying out the Services, the
Bidder, with respect to damage caused by the DCO to Odisha Computer Application Centre’s
property, shall not be liable to DIT.
a) For any indirect or consequential loss or damage; and
b) For any direct loss or damage that exceeds (A) the total payments payable under his contract to
the DCO hereunder, or (B) the proceeds the DCO may be entitled to receive from any insurance
maintained by the DCO to cover such a liability, whichever of (A) or (B) is higher.
7.38.2. This limitation of liability shall not affect the DCO liability, if any, for damage to Third Parties
caused by the DCO or any person or firm/ company acting on behalf of the DCO in carrying
out the Services.
7.39. Conflict of interest
The DCO shall disclose to the Odisha Computer Application Centre in writing, all actual and potential
conflicts of interest that exist, arise or may arise (either for the DCO or the Bidder’s Team) in the course
of performing the Services as soon as practical after it becomes aware of that conflict.
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7.40. 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.
7.41. Governing Language
The Agreement shall be written in English language. Subject to Clause 6.6, such language versions of
the Agreement shall govern its interpretation. All correspondence and other documents pertaining to
the Contract that are exchanged by parties shall be written in English language only.
7.42. No Claim Certificate
The DCO shall not be entitled to make any claim, whatsoever against the Odisha Computer Application
Centre, under or by virtue of or arising out of, this contract, nor shall the State Govt. entertain or
consider any such claim, if made by the DCO after he shall have signed a “No claim” certificate in favor
of the Odisha Computer Application Centre in such forms as shall be required by the Odisha Computer
Application Centre after the works are finally accepted.
7.43. Publicity
The DCO shall not make or permit to be made a public announcement or media release about any
aspect of this Contract unless the Odisha Computer Application Centre first gives the DCO its written
consent.
7.44. Force Majeure
7.44.1. Force Majeure shall not include any events caused due to acts/omissions of such Party or
result from a breach/contravention of any of the terms of the Contract, Bid and/or the Tender.
It shall also not include any default on the part of a Party due to its negligence or failure to
implement the stipulated/proposed precautions, as were required to be taken under the
Contract.
7.44.2. The failure or occurrence of a delay in performance of any of the obligations of either party
shall constitute a Force Majeure event only where such failure or delay could not have
reasonably been foreseen, or where despite the presence of adequate and stipulated
safeguards the failure to perform obligations has occurred. In such an event, the affected
party shall inform the other party in writing within five days of the occurrence of such event.
Odisha Computer Application Centre, Odisha will make the payments due for Services
rendered till the occurrence of Force Majeure. However, any failure or lapse on the part of the
DCO in performing any obligation as is necessary and proper, to negate the damage due to
projected force Majeure events or to mitigate the damage that may be caused due to the
abovementioned events or the failure to provide adequate disaster management/recovery or
any failure in setting up a contingency mechanism would not constitute force Majeure, as set
out above.
7.44.3. In case of a Force Majeure, all Parties will endeavour to agree on an alternate mode of
performance in order to ensure the continuity of service and implementation of the obligations
of a party under the Contract and to minimize any adverse consequences of Force Majeure.
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7.45. General
7.45.1. Relationship between the Parties
a) Nothing
in
this
Contract
constitutes
any
fiduciary
relationship
between
the
Odisha Computer Application Centre and Bidder/Bidder’s Team or any relationship of employer
employee, principal and agent, or partnership, between the Odisha Computer Application
Centre and Bidder.
b) No Party has any authority to bind the other Party in any manner whatsoever except as agreed
under the terms of this Contract.
c) The Odisha Computer Application Centre has no obligations to the Bidder’s Team except as
agreed under the terms of this Contract.
7.45.2. No Assignment
The DCO shall not transfer any interest, right, benefit or obligation under this Contract without
the prior written consent of the Odisha Computer Application Centre
7.45.3. 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 Odisha Computer Application Centre notifies the DCO
of its release from those obligations.
7.45.4. 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.
7.45.5. Governing Law
This Contract shall be governed in accordance with the laws of India.
7.45.6. Jurisdiction of Courts
Only the court at Bhubaneswar, Odisha shall have exclusive jurisdiction to determine any
proceeding in relation to this Contract.
7.45.7. Compliance with Laws
The DCO shall comply with the laws in force in India in the course of performing this Contract.
7.45.8. Notices
A “notice” means: a notice; or consent, approval or other communication required to be in
writing under this Contract.
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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
prepaid 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:
To Odisha Computer Application Centre, Odisha at:
Attn:
[Phone:]
[Fax:]
To DCO at:
Attn:
[Phone:]
[Fax:]
Any Party may change the address to which notices are to be directed to it by notice to the
other parties in the manner specified above. A notice served on a Representative is taken to be
notice to that Representative’s Party.
7.45.9. Waiver
i.
Any waiver of any provision of this Contract is ineffective unless it is in writing and signed by
the Party waiving its rights.
ii.
A waiver by either Party in respect of a breach of a provision of this Contract by the other
Party is not a waiver in respect of any other breach of that or any other provision.
iii.
The failure of either Party to enforce at any time any of the provisions of this
Contract shall not be interpreted as a waiver of such provision.
7.45.10. Modification
Any modification of this Contract shall be in writing and signed by an authorized representative of
each Party.
7.45.11. Application
These General Conditions shall apply to the extent that provisions in other parts of the Contract
do not supersede them.
7.45.12. IT Act
Besides the terms and conditions stated in this document, the contract shall also be governed by
the overall acts and guidelines as mentioned in IT Act.
7.46. Special Conditions of the contract
7.46.1. All the products should be quoted with two year warranty. The warranty start date would be
from the date of acceptance and signoff of the Data Centre.
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7.46.2. The bidders should provide an undertaking from the OEM that all the products (Hardware
and Software) in the bid will be supported for a period of 2 years from the date of project
acceptance and signoff.
7.46.3. Considering the technology enhancements which happen over a period of time, the bidders
should provide a undertaking from the OEM that all the products (Hardware and Software)
being supplied as a part of the bid would be updated with the same or better hardware/
components for a period of 2 years from the date of project acceptance and signoff whenever
requested by the state government.
7.46.4. The bidder should provide an undertaking from the OEM that during the product warranty
period the bidder should agree to provide all applicable if 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 Odisha State Government.
Additionally, the
documentation associated with the product(s) shall be provided free of cost to state
government.
7.46.5. The bidders should be a direct reseller/ distributor of the major IT equipments like Server,
Storage, Networking and Enterprise Management Software and should provide an
undertaking from the OEM for the same.
7.46.6. The bidder should have the past experience of implementing and supporting the products
being quoted in the bid and should be able to provide such an undertaking from the OEM.
7.46.7. The bidder has to provide an undertaking from the OEM that in case of any dissatisfaction
or default on part of the
bidder in
providing
the
level
of
support
desired
by
State
government, the OEM agrees to extend the support required to meet the warranty terms for
the remaining period.
7.46.8. It is expected that infrastructure installed in the OSDC shall grow during the project period
and it is envisaged that additional servers, softwares, and devices may be installed in OSDC
during the project period. Such equipments and software not included in the attached item list
in section 8. However it shall be the responsibility of the DCO to provide all FMS services for
all such additional equipment and software
7.46.9. It is a fixed price contract till completion of work.
7.46.10. Any change request has to be approved by Odisha Computer Application Centre,
unilaterally only.
7.46.11. Payment of any sum shall not be considered as extinguishment of any obligation of the
vendor.
7.46.12. Odisha Computer Application Centre's liability is limited to Total Project Cost without any
exceptions and Odisha Computer Application Centre's employees, directors and agencies
(including Consultant) should not be responsible for anything to the DC vendor.
Initial Draft
Page 82
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
8. Section VIII - BILL OF MATERIAL (BOM)
Table 1 - Servers, Systems and Printers
(A)
PARTICULAR
Serial
Number
CPU
1
DOMAIN CONTROLLER SERVER
99K3015
1*Quad Core(2.0 GHz)
2
ADDITIONAL DOMAIN CONTROLLER SERVER
99L2025
1*Quad Core(2.0 GHz)
3
PROXY SERVER
99K1570
4
PROXY SERVER
99L2021
Sl. No
HDD
Asset
Manufacturer
4 GB
2*146 GB
IBM
BL-HS22
4 GB
2*146 GB
IBM
BL-HS22
1*Quad Core(2.0 GHz)
4 GB
2*146 GB
IBM
BL-HS22
1*Quad Core(2.0 GHz)
4 GB
2*146 GB
IBM
BL-HS22
RAM
Make /
Model
5
ANTIVIRUS SERVER
99L1992
1*Quad Core(2.0 GHz)
4 GB
2*146 GB
IBM
BL-HS22
6
DATABASE SERVER ON AIX PLATFORM
06-AAB05
Quad Core (5.0 GHz)
32 GB
2*146 GB
IBM
P-550
7
DATABASE SERVER ON AIX PLATFORM
06-AAAE5
Quad Core (5.0 GHz)
32 GB
2*146 GB
IBM
P-550
8
DATABASE SERVER ON AIX PLATFORM
06-AAAF5
Quad Core (5.0 GHz)
32 GB
2*146 GB
IBM
P-550
9
DATABASE SERVER ON WINDOWS PLATFORM
99C9872
2*Quad Core (2 GHz)
32 GB
2*146 GB
IBM
X-3850 M2
10
DATABASE SERVER ON WINDOWS PLATFORM
99C9869
2*Quad Core (2 GHz)
32 GB
2*146 GB
IBM
X-3850 M2
11
TIVOLI STORAGE MANAGEMENT SERVER
99C8672
2*Quad Core (2 GHz)
8 GB
4*300 GB
IBM
X-3850 M2
12
STAGGING SERVER
99C9870
2*Quad Core (2 GHz)
8 GB
2*146 GB
IBM
X-3850 M2
13
STAGGING SERVER
99C9871
2*Quad Core (2 GHz)
8 GB
2*146 GB
IBM
X-3850 M2
14
APPLICATION SERVER ON AIX PLATFORM
06-AAB25
Quad Core (5.0 GHz)
16 GB
2*146 GB
IBM
X-3850 M2
15
APPLICATION SERVER ON LINUX PLATFORM
99L2457
1*Quad Core(2.0 GHz)
16 GB
2*146 GB
IBM
BL-HS22
16
APPLICATION SERVER ON WINDOWS PLATFORM
99L0368
1*Quad Core(2.0 GHz)
16 GB
2*146 GB
IBM
BL-HS22
17
APPLICATION SERVER ON LINUX PLATFORM
99L2468
1*Quad Core(2.0 GHz)
16 GB
2*146 GB
IBM
BL-HS22
18
APPLICATION SERVER ON WINDOWS PLATFORM
99L2464
1*Quad Core(2.0 GHz)
16 GB
2*146 GB
IBM
BL-HS22
19
NETWORK FAULT MANAGEMENT SERVER
99L0370
1*Quad Core(2.0 GHz)
10 GB
2*300 GB
IBM
BL-HS22
20
NETWORK PERFORMANCE MANAGEMENT SERVER
99L2010
1*Quad Core(2.0 GHz)
10 GB
2*300 GB
IBM
BL-HS22
21
HELPDESK SERVER
99K1555
1*Quad Core(2.0 GHz)
10 GB
2*146 GB
IBM
BL-HS22
22
SERVER MANAGEMENT SERVER
99K1562
1*Quad Core(2.0 GHz)
10 GB
2*146 GB
IBM
BL-HS22
23
DATABASE MANAGEMENT SERVER
99l2016
1*Quad Core(2.0 GHz)
8 GB
2*146 GB
IBM
BL-HS22
24
WEB APPLICATION SERVER ON AIX PLATFORM
06AA015
Quad Core (5.0 GHz)
8 GB
2*146 GB
IBM
P-550
25
WEB APPLICATION SERVER ON WINDOWS PLATFORM
99K1563
1*Quad Core(2.0 GHz)
8 GB
2*146 GB
IBM
BL-HS22
26
WEB APPLICATION SERVER ON WINDOWS PLATFORM
99L1991
1*Quad Core(2.0 GHz)
8 GB
2*146 GB
IBM
BL-HS22
27
WEB APPLICATION SERVER ON WINDOWS PLATFORM
99L2003
1*Quad Core(2.0 GHz)
8 GB
2*146 GB
IBM
BL-HS22
28
WEB APPLICATION SERVER ON WINDOWS PLATFORM
99L2006
1*Quad Core(2.0 GHz)
8 GB
2*146 GB
IBM
BL-HS22
29
IBM BLADE CHASIS
99AEP07
NA
NA
IBM
MT 8677
Initial Draft
Page 83
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Serial
Number
Sl. No
PARTICULAR
30
IBM BLADE CHASIS
99AEP09
1*Quad Core(2.5 GHz)
31
SERVER 1
06YTNV4
1*Octa Core(2.1 GHz)
32
SERVER 2
06YTNV5
1*Octa Core(2.1 GHz)
33
SERVER 3
06YTNV6
1*Octa Core(2.1 GHz)
34
SERVER 4
06YTNV7
1*Octa Core(2.1 GHz)
HDD
Asset
Manufacturer
NA
NA
IBM
24 GB
2*300 GB
IBM
BL-HS22
24 GB
2*300 GB
IBM
BL-HS22
24 GB
2*300 GB
IBM
BL-HS22
2*300 GB
IBM
BL-HS22
CPU
RAM
24 GB
Make /
Model
MT 8677
(B)
Sl.
No
1
Serial Number
B1PQPQ1
OS
CPU
RAM
HDD
Asset Manufacturer
Make / Model
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
OPTIPLEX 380
OPTIPLEX 380
2
B1NRPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
3
B1KQPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
OPTIPLEX 380
OPTIPLEX 380
4
B1JSPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
5
B1MQPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
OPTIPLEX 380
6
B1HSPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
OPTIPLEX 380
7
B1LRPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
OPTIPLEX 380
8
B1FRPQ1
WIN 7 PROFFESSIONAL
Processor 2933 MHz
1 GB DDR3
250 GB
DELL
OPTIPLEX 380
9
10
11
B1NPPQ1
B1KSPQ1
INA127038H
WIN 7 PROFFESSIONAL
WIN 7 PROFFESSIONAL
WIN - XP
Processor 2933 MHz
Processor 2933 MHz
Processor 2500 MHz
1 GB DDR3
1 GB DDR3
2 GB DDR3
250 GB
250 GB
300 GB
DELL
DELL
HP
OPTIPLEX 380
OPTIPLEX 380
HP COMPAQ DX2480
12
4FRQYX1
WIN 7 PROFFESSIONAL
Core i7 3.40 GHz
2 GB DDR3
500 GB
DELL
OPTIPLEX 9010
13
3HTMYX1
WIN 7 PROFFESSIONAL
Core i7 3.40 GHz
2 GB DDR3
500 GB
DELL
OPTIPLEX 9010
14
DBVHYX1
WIN 7 PROFFESSIONAL
Core i7 3.40 GHz
2 GB DDR3
500 GB
DELL
OPTIPLEX 9010
15
FBVKYX1
WIN 7 PROFFESSIONAL
Core i7 3.40 GHz
2 GB DDR3
500 GB
DELL
OPTIPLEX 9010
16
JGTMYX1
WIN 7 PROFFESSIONAL
Core i7 3.40 GHz
2 GB DDR3
500 GB
DELL
OPTIPLEX 9010
OPTIPLEX 9010
17
FZSNYX1
WIN 7 PROFFESSIONAL
Core i7 3.40 GHz
2 GB DDR3
500 GB
DELL
18
1W1H0Q1
WIN 7 PROFFESSIONAL
Intel Core 2 Duo
2 GB DDR3
320 GB
DELL
VOSTRO 1015
VOSTRO 1015
19
5W1H0Q1
WIN 7 PROFFESSIONAL
Intel Core 2 Duo
2 GB DDR3
320 GB
DELL
20
3W1H0Q1
WIN 7 PROFFESSIONAL
Intel Core 2 Duo
2 GB DDR3
320 GB
DELL
VOSTRO 1015
VOSTRO 1015
21
4W1H0Q1
WIN 7 PROFFESSIONAL
Intel Core 2 Duo
2 GB DDR3
320 GB
DELL
22
2W1H0Q1
WIN 7 PROFFESSIONAL
Intel Core 2 Duo
2 GB DDR3
320 GB
DELL
VOSTRO 1015
23
JV51WW1
WIN 7 PROFFESSIONAL
Intel Core i7
6 GB DDR3
500 GB
DELL
VOSTRO 3460
24
4W51WW1
WIN 7 PROFFESSIONAL
Intel Core i7
6 GB DDR3
500 GB
DELL
VOSTRO 3460
25
DV51WW1
WIN 7 PROFFESSIONAL
Intel Core i7
6 GB DDR3
500 GB
DELL
VOSTRO 3460
Initial Draft
Page 84
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl.
No
26
Serial Number
1W51WW1
OS
CPU
WIN 7 PROFFESSIONAL
Intel Core i7
RAM
HDD
6 GB DDR3
500 GB
Asset Manufacturer
DELL
Make / Model
VOSTRO 3460
(C)
Sl. No
Asset Name
Serial Number
Type of Printer/ Scanner
Asset Manufacturer
Make / Model
1
LASER PRINTER
CNRXB53027
MFD
HP
HPDV-Printer
2
LASER PRINTER
CNRXB53021
MFD
HP
HPDV-Printer
3
INKJET PRINTER
CN2CCDF4G3
DeskJet
HP
HP DESKJET D 2668
Table 2 - Storage & Backup Devices
Sl. No.
Asset Name
Serial Number
Asset Manufacturer
Make / Model
Capacity
1
SAN Switch
FOX1349GKAK
IBM
DS-C9134-K9
32 Port
2
SAN Switch
FOX1349GK5A
IBM
DS-C9134-K9
32 Port
3
SAN Switch
FOX1349GK69
IBM
DS-C9134-K9
32 Port
4
SAN Switch
DS-C9134-K9
32 Port
Storage
FOX1349GK95
78KOZY4
IBM
5
IBM
DS 5300
90 TB
6
Storage Disk Self
78KOZXD
IBM
ST 5000
450 GB X 8
7
Storage Disk Self
78KOZX6
IBM
ST 5000
450 GB X 16
8
Storage Disk Self
78KOZX4
IBM
ST 5000
450 GB X 16
9
Storage Disk Self
78KOZX2
IBM
ST 5000
450 GB X 16
10
Storage Disk Self
78KOZXB
IBM
ST 5000
450 GB X 16
11
Storage Disk Self
78KOZX7
IBM
ST 5000
450 GB X 16
12
Storage Disk Self
78KOZX3
IBM
ST 5000
450 GB X 16
13
Storage Disk Self
78KOZXC
IBM
ST 5000
450 GB X 16
14
Storage Disk Self
78KOZXF
IBM
ST 5000
450 GB X 16
15
Storage Disk Self
78KOZXA
IBM
ST 5000
450 GB X 16
16
Storage Disk Self
78KOZX9
IBM
ST 5000
450 GB X 16
17
Storage Disk Self
78KOZX8
IBM
ST 5000
450 GB X 16
18
Storage Disk Self
78KOZX1
IBM
ST 5000
450 GB X 16
Initial Draft
Page 85
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
Asset Name
Serial Number
Asset Manufacturer
Make / Model
Capacity
19
Storage Disk Self
78KOZX5
IBM
ST 5000
450 GB X 16
20
VTL Disk self
78C0088
IBM
ST 7500
1 TB X 16
21
VTL Disk self
78C0163
IBM
ST 7500
1 TB X 16
22
VTL Disk self
78C0164
IBM
ST 7500
1 TB X 16
23
VTL Disk self
78C0165
IBM
ST 7500
1 TB X 16
24
VTL Disk self
78C0089
IBM
ST 7500
1 TB X 16
25
VTL Disk self
78C0162
IBM
ST 7500
1 TB X 16
26
VTL Disk self
78C0161
IBM
ST 7500
1 TB X 16
27
VTL Disk self
78C0171
IBM
ST 7500
1 TB X 16
28
VTL Disk self
78C0172
IBM
ST 7500
1 TB X 16
29
VTL Disk self
78C0174
IBM
ST 7500
1 TB X 16
30
VTL Disk self
78C0173
IBM
ST 7500
1 TB X 16
31
VTL Disk self
78C0175
IBM
ST 7500
1 TB X 16
32
VTL Base server -1
78MVNAP
IBM
ST 7500
33
VTL Base server -2
78MV2FT
IBM
ST 7500
34
Tape Library
1317330
IBM
TS 3310
35
Tape Library expansion
1375680
IBM
Table 3 - Network Components
Sl. No
Asset Name
Serial Number
IOS/ Software
Version
Asset Manufacturer
Make / Model
1
INTERNET ROUTER
FHK1403F4HF
12.4(24)T6
CISCO
CISCO3845
2
INTERNET ROUTER
FHK1403F4HG
12.4(24)T6
CISCO
CISCO3845
3
INTERNET SWITCH
FOC1402Z4K0
12.2(58)SE2
CISCO
Cat3560G-24TS
4
INTERNET SWITCH
FOC1402W4VX
12.2(58)SE2
CISCO
Cat3560G-24TS
5
NETWORK LOADBALANCER
21902301
6.12.02DL
RADWARE
LinkProof OnDemand Switch 2
6
NETWORK LOADBALANCER
21902258
6.12.02DL
RADWARE
LinkProof OnDemand Switch 2
7
IPS
21902773
6.00.01
RADWARE
DP-1016-NL-D-Q
8
IPS
21902756
4.23.01
RADWARE
DP-1016-NL-D-Q
9
INTERNET FIERWALL
USE949N5Q9
8.1(2)
CISCO
Cisco ASA5580
10
INTERNET FIERWALL
USE949N5Q1
8.1(2)
CISCO
Cisco ASA5580
11
CORE SWITCH
SMC1348005N
12.2(33)SXI2a
CISCO
WS-C6509-E
12
CORE SWITCH
SMC1348005S
12.2(33)SXI2a
CISCO
WS-C6509-E
Initial Draft
Page 86
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No
Asset Name
IOS/ Software
Version
Serial Number
Asset Manufacturer
Make / Model
13
WEB DMZ SWITCH
FOC1402W5G3
12.2(58)SE2
CISCO
Cat3560G-24TS
14
WEB DMZ SWITCH
FOC1402W5FN
12.2(58)SE2
CISCO
Cat3560G-24TS
15
APP LOADBALANCER
31901110
2.11.00
RADWARE
AppDirector with Cookie Persistency
16
APP LOADBALANCER
31901109
2.11.00
RADWARE
AppDirector with Cookie Persistency
17
INTRANET FIERWALL
JMX1406L115
8.0(4)
CISCO
Cisco ASA5550
18
INTRANET FIERWALL
JMX1406L114
8.0(4)
CISCO
Cisco ASA5550
19
MGM DMZ SWITCH
FOC1402Z4JZ
12.2(58)SE2
CISCO
Cat3560G-24TS
20
MGM DMZ SWITCH
FOC1402W5FT
12.2(58)SE2
CISCO
Cat3560G-24TS
21
APP & DB DMZ SWITCH
FOC1402W4VM
12.2(58)SE2
CISCO
Cat3560G-24TS
22
APP & DB DMZ SWITCH
FOC1402W4W0
12.2(58)SE2
CISCO
Cat3560G-24TS
23
ACCESS SWITCH
FOC1402W4W3
12.2(58)SE2
CISCO
Cat3560G-24TS
24
Access Control Server (AAA Server)
FTX1401501T
5.0.0.21
CISCO
Cisco 1120 Secure ACS
25
Access Control Server (AAA Server)
FTX1401501S
5.0.0.21
CISCO
Cisco 1120 Secure ACS
26
KVM Switch
23LG319
N/A
IBM
IBM 17353LX
27
KVM Switch
23LG185
N/A
IBM
IBM 17353LX
28
KVM Switch
23LG186
N/A
IBM
IBM 17353LX
Table 4 - Software Licenses
Sl. No
Software Name
Software Version
Total Licenses Procured
Win 2003 R2 & Win 2008 R2
20
SQL 2008
5
Fore Front 2010
2
RHEL 5.4
12
1
Microsoft Windows Enterprise.
2
Microsoft SQL
3
Microsoft Fore Front (ISA Enterprise 2006)
4
RHEL advanced platform license Linux
5
ORACLE
11 g (Release 2)
3
6
IBM TSM
7.1
376 (PVU)
7
IBM DB2
9.7
120 (PVU) / 4
8
Symantec Endpoint Protection
12.1
100
9
Symantec Critical system Protection 5.2 for server (HIDS/HIPS)
30
10
CA Spectrum
5.2
9.4
Initial Draft
2500
Page 87
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
6.3
3000
CA Service Desk
12.9
5(Concurrent License)
13
CA UIM (Server)
8.2
27
14
CA UIM (Database)
15
CA Application Performance Management
CA Wily Introscope 9.5
30 Agents
16
CA CEM Transaction Impact Monitor soft Appliance with RHEL
CA TIM with RHEL 5.5
1 software appliance
17
Oracle RAC
Oracle RAC 11g R2
8
18
CISCO SSL VPN Client License
ASA 5500 VPN Premium User License
25
19
Unix AIX Enterprise Latest Edition
Unix AIX 6.1
5
11
CA eHealth
12
5
Table 5 Safety, Security and IT Support Equipments
Sl. No
Asset Name
1.
400 KVA DG 1
2.
400 KVA DG 2
3.
400 KVA DG 3
4.
300 KVA UPS 1
5.
300 KVA UPS 2
6.
300 KVA BATTERY BANK 1
7.
300 KVA BATTERY BANK 2
8.
300 KVA BATERY BRAKER 1
9.
300 KVA BATERY BRAKER 2
Quantity
3
2
KVS5001/1000195
KIRLOSKAR
KVS5001/1000165
KIRLOSKAR
Make / Model
KG400WS
KG400WS
KG400WS
200912MI3864
EMERSON
HIPLUSE/ EMRSON
201001MI3929
EMERSON
HIPLUSE/ EMRSON
SR2010027M5587
EMERSON
HIPLUSE/ EMRSON
SR2010027M5557
EMERSON
HIPLUSE/ EMRSON
2
2
10.
20 KVA UPS 1
11.
20 KVA UPS 2
12.
20 KVA BATTERY BANK 1
13.
20 KVA BATERY BRAKER 1
14.
20 KVA BATERY BRAKER 2
15.
DG AMF Sync. Cum auto mgmt. Panel
1
16.
MAIN LT PANNEL
1
17.
PAC PANNEL1
18.
PAC PANNEL2
19.
UPS INCOMMER & OUTGOING BRAKER 1
20.
UPS INCOMMER & OUTGOING BRAKER 2
21.
CAC DB 1
Initial Draft
KVS5001/1000170
Asset
Manufacturer
KIRLOSKAR
Serial Number
2
1
2
2
2
Page 88
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No
Asset Name
Quantity
22.
CAC DB 2
23.
POWER DB 1
24.
POWER DB 2
25.
UPS DB 1
26.
UPS DB 2
27.
UPS OUTPUT PANNEL 1
28.
UPS OUTPUT PANNEL 2
29.
PAC AUTO CHANGE OVER SWITCH
30.
PRECISION AIR CONDITIONER (PAC) 1 with Remote
31.
PRECISION AIR CONDITIONER (PAC) 2 with Remote
32.
PRECISION AIR CONDITIONER (PAC) 3 with Remote
33.
34.
35.
EXTENDED PIPING KIT PAC
5
36.
1
38.
SEQUENCING CONTROLLER OF PAC
NETWORK INTERFACE CARD OF BMS
INTEGRATION FOR PAC
RETURN AIR MOTORIZED DAMPER FOR PAC
39.
Ductable AC 1
40.
Ductable AC 2
41.
Ductable AC 3
42.
FILTER FOR DUCTABLE AC
43.
Split AC 1 with Remote
44.
Split AC 2 with Remote
45.
Split AC 3 with Remote
46.
COPPER REFRIGERANT PIPING FOR SPLIT AC
47.
CASSETTE AC 1 (3TR) with Remote
48.
CASSETTE AC 2 (3TR) with Remote
49.
50.
51.
CASSETTE AC 5 (1.5TR) with Remote
52.
CASSETTE AC 6 (1.5TR) with Remote
53.
4KVA VOLTAGE STABILIZER 1
54.
4KVA VOLTAGE STABILIZER 2
37.
Initial Draft
Serial Number
Asset
Manufacturer
Make / Model
2
2
2
5
1008440380EC06
EMERSON
PEX-380-EC/EMERSON
1008440380EC02
EMERSON
PEX-380-EC/EMERSON
1008440380EC03
EMERSON
PEX-380-EC/EMERSON
PRECISION AIR CONDITIONER (PAC) 4 with Remote
1008440380EC04
EMERSON
PEX-380-EC/EMERSON
PRECISION AIR CONDITIONER (PAC) 5 with Remote
1008440380EC05
EMERSON
PEX-380-EC/EMERSON
5
5
4
3
110001999
BLUE STAR
BLUE STAR
110002000
BLUE STAR
BLUE STAR
110001977
BLUE STAR
BLUE STAR
IDU1004284
BLUE STAR
BLUE STAR / 2HW181YB
IDU1007528
BLUE STAR
BLUE STAR / 2HW181YB
3423116626
PANASONIC
3
3
3
SCR481SEIDU1000106
BLUE STAR
BLUE STAR
SCR481SEIDU1000108
BLUE STAR
BLUE STAR
CASSETTE AC 3 (1.5TR) with Remote
C101117840109715130060
BLUE STAR
BLUE STAR
CASSETTE AC 4 (1.5TR) with Remote
C101117840109715130010
BLUE STAR
BLUE STAR
C101117840109715130052
BLUE STAR
BLUE STAR
C101117840109715130053
BLUE STAR
BLUE STAR
2
4
4
40906250969
40906250970
Page 89
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No
Asset Name
Quantity
Serial Number
Asset
Manufacturer
Make / Model
HONEYWELL
XLS- PS
55.
4KVA VOLTAGE STABILIZER 3
40906250928
56.
4KVA VOLTAGE STABILIZER 4
40906250927
57.
Smoke Detector System (Fire Alarm System)
38
58.
Response Indicator
19
59.
Addressable type Manual Pull Station
3
60.
Electronic Hooter cum strobe
13
61.
Fire Extinguisher 1 ABC Type (5 KG)
62.
Fire Extinguisher 2 ABC Type (5 KG)
63.
Fire Extinguisher 3 ABC Type (5 KG)
64.
Fire Extinguisher 4 ABC Type (5 KG)
65.
Fire Extinguisher CO2 Type (4.5 KG)
66.
Fire Extinguisher 1 NAF PIV Type (2 KG)
67.
Fire Extinguisher 2 NAF PIV Type (2 KG)
68.
71.
Fire Alarm Control Panel
Access Control System 1 (containing 12 door control
unit)
Access Control System 2 (containing 12 door control
unit)
Smart Card Reader
15
72.
Electromagnetic Locks Single Door
6
73.
Electromagnetic Locks Double Door
5
74.
Emergency Door Release
11
75.
Biometric Finger Print Reader 1
76.
Biometric Finger Print Reader 2
77.
Dome Camera 1
I1008004744
HONEYWELL
HONEYWELL- HDC- 605P-36
78.
Dome Camera 2
I1008004750
HONEYWELL
HONEYWELL- HDC- 605P-36
79.
Dome Camera 3
I1008006011
HONEYWELL
HONEYWELL- HDC- 605P-36
80.
Dome Camera 4
I1008005008
HONEYWELL
HONEYWELL- HDC- 605P-36
81.
Dome Camera 5
I1008004742
HONEYWELL
HONEYWELL- HDC- 605P-36
82.
Dome Camera 6
I1008004994
HONEYWELL
HONEYWELL- HDC- 605P-36
83.
Dome Camera 7
I1008006014
HONEYWELL
HONEYWELL- HDC- 605P-36
84.
Dome Camera 8
I1008005007
HONEYWELL
HONEYWELL- HDC- 605P-36
85.
Dome Camera 9
I1008004739
HONEYWELL
HONEYWELL- HDC- 605P-36
86.
Dome Camera 10
I1008006016
HONEYWELL
HONEYWEL / HD3CBX
87.
Digital Video Recorder
K40209C04626
HONEYWELL
HONEYWELL HNDR S4848
69.
70.
Initial Draft
5746
4
5748
5747
5749
1
2
1
84318
228
229
0081BRB041
09-44-NR-2106
2
09-44-NR-2101
2
10
1
1607476068
1607460781
Page 90
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No
Asset Name
Quantity
Serial Number
88.
Colour Monitor for CCTV
1
LR22HMBS801477B
89.
VESDA 4 ZONE UNIT
80LT Cylinder/Valve Assembly 1 for Gas Suppression
System at server Room
80LT Cylinder/Valve Assembly 2 for Gas Suppression
System at server Room
80LT Cylinder/Valve Assembly 3 for Gas Suppression
System at server Room
80LT Cylinder/Valve Assembly 4 for Gas Suppression
System at server Room
80LT Cylinder/Valve Assembly 6 for Gas Suppression
System at UPS & Panel Room
80LT Cylinder/Valve Assembly 7 for Gas Suppression
System at UPS & Panel Room
80LT Cylinder/Valve Assembly 8 for Gas Suppression
System at UPS & Panel Room
Master Kit 1 for Gas Suppression System at Server
Room
Master Kit 2 for Gas Suppression System at UPS &
Panel Room
Slave Kit 1 for Gas Suppression System
1
B 8108302
100.
Nozzles 1 for Gas Suppression System
16
101.
12 Check Valve for Gas Suppression System
6
102.
Abort switch 1 for Gas Suppression System
3
103.
3
106.
Release switch 1 for Gas Suppression System
Local discharge pressure switch for Gas Suppression
System
Gas Release Panel for Gas Suppression System at
Server Room
Piping for Gas Suppression System
107.
BMS Software Package
1
108.
BMS (MOD Bus) Controller
1
109.
Wall ceiling mount temperature cum humidity sensor
5
110.
7
112.
BMS Integrator for Integration
WATER LEAK DETECTION PANEL WITH LCD
DISPLAY
SOUNDER for Water Leakage System
113.
SOUNDER for Fire Alarm System
1
114.
MASTER CONSOLE 1 for Rodent Repellent System
2
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
104.
105.
111.
Initial Draft
8
Asset
Manufacturer
Xtrails
Make / Model
Xtrails Vesda VLP/XLS-PS
NJ6329
SUPPER
Supper
NJ6338
SUPPER
Supper
NJ6348
SUPPER
Supper
NJ6330
SUPPER
Supper
NJ6318
SUPPER
Supper
NJ6320
SUPPER
Supper
NJ6071
SUPPER
Supper
2
8
2
3
3
1
102679015
HONEYWELL
HONEYWELL – XL-880IPC/EXP
JE/15226
1
Page 91
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No
Asset Name
Quantity
115.
MASTER CONSOLE 2 for Rodent Repellent System
116.
SATELITE UNIT
4 ZONE SELECTION PANEL for Public Address
System
GOOSENECK MICROPHONE for Public Address
System
200W AMPLIFIER for Public Address System
20
1
14
122.
19" RACK (14U) for Public Address System
6W CEILING MOUNT SPEAKER for Public Address
System
DIGITAL EPABX SYSTEM
123.
DIGITAL TELEPHONE
10
124.
40
126.
ANALOG TELEPHONE
EXTERNAL HARDDISK used for CCTV Video
Recording
DLINK 16 Port UNMANAGED SWITCH used for BMS
127.
VOICE MAIL SYSTEM
128.
Honeywell Panic Bar
129.
Main Distribution Frame (MDF) Box 1 for Intercom
130.
133.
Main Distribution Frame (MDF) Box 2 for Intercom
Lightening Arrestor and Reflector for building with
accessories
Load Bus Synchronisation (LBS) System for 300KVA
UPS
6KVA VOLTAGE STABILIZER 1
134.
6KVA VOLTAGE STABILIZER 2
135.
Fire Extinguisher 3 NAF PIV Type (2 KG)
136.
Fire Extinguisher 4 NAF PIV Type (2 KG)
117.
118.
119.
120.
121.
125.
131.
132.
Serial Number
1
1091103382
1
405032500100102885
1
P40502869920082092
1
Asset
Manufacturer
Make / Model
PZ152105230327
1
2GEXZXWO
1
F30639B003434
1
133705
1
NA
2
1
1
2
2
200912HL0247
N2K13411
N2K13412
447
452
Table 6 Non IT Support Equipments
Sl. No
Initial Draft
Asset Name
Quantity
1.
MEDIUM BACK CHAIR
44
2.
HIGH BACK CHAIR
1
3.
TWO SITTER SOPHA
2
4.
THREE SITTER SOPHA
1
Serial Number
Asset
Manufacturer
Make / Model
Page 92
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No
Asset Name
5.
Exhaust System for DG1
6.
Exhaust System for DG2
7.
Exhaust System for DG3
8.
LIGHTING DISTRIBUTION BOARD (DB)1
9.
LIGHTING DISTRIBUTION BOARD (DB)2
Quantity
3
4
11.
1x36 WATT SLIMLITE FIXTURE
20
12.
2xPL-L36 WATT FOR MODULAR CEILING
65
13.
50
17.
4x18 WATT FOR MOUNTING LUMINARIES
1xPL-C18 WATT MOUNTING DOWN
LUMINARIES
2xPL-C18 WATT MOUNTING DOWN
LUMINARIES
AIR GRILL WITH VOLUME CONTROL
DAMPER FOR PAC
Access Management Software License
18.
Cylinder Strap for Gas Suppression System
16
19.
2 POST 42 U OPEN RACK (Network Rack)
5
20.
42U OPEN RACK (Server Rack)
20
21.
42U IBM RACK 1 (Server Rack)
22.
42U IBM RACK 2 (Server Rack)
23.
42U IBM RACK 3 (Server Rack)
24.
36U IBM RACK 1 (Server Rack)
25.
36U IBM RACK 2 (Server Rack)
26.
Havells Wall Mount FAN
1
27.
Teapoy Table
1
28.
Works Station Unit
31
29.
Works Table
4
30.
Double shutter glass Door with floor spring 1
2
31.
Single shutter (1.5mx2.1m) Door
1
32.
Single shutter (0.9mx2.1m) Door
7
33.
Single leaf steel Door
2
34.
Double leaf (unequal) steel Door
2
35.
Double leaf (equal) steel Door
2
16.
Initial Draft
Make / Model
KIRLOSKAR
2
EARTHING T-39 PIPE
15.
Asset
Manufacturer
KIRLOSKAR
KIRLOSKAR
10.
14.
Serial Number
10
20
45
1
3
2
Page 93
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Note:
1. Bidders are advised to visit Odisha State Data Centre, Odisha Computer Application Centre(OCAC), having its head office at N/1-7D, Acharya Vihar Square, Near
Planetarium, PO: RRL, Bhubaneswar, 751013.Odisha to see the items and for detailed configuration etc.
2. All accessories
/passive
items
including
network
cable/ OFC/ power
cable/
power
extension
board,
connectors/
Couplers/ electrical cables
etc.
connected/ terminated to active equipments & will be covered under this Maintenance contract.
Initial Draft
Page 94
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
9. Section IX - Formats to Response to the Tender - Technical Bid
The Bidders are required to submit a Technical and Commercial Bid in response to this tender. This section
provides the outline, content and the formats that the Bidders are required to follow in the preparation of their
Technical and Commercial Bids.
9.1. Format 1 - Technical Bid Letter
To
<NAME & Address>
Sir/ Madam,
Subject: Appointment of an Agency for Operations and Maintenance (FMS) of Physical, IT and Non IT
Infrastructure at the State 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 (BID SECURITY)
We have enclosed an BID SECURITY in the form of a Demand Draft / Bank Guarantee for the sum of INR
________________/- (Rupees __________________ only). This BID SECURITY is liable to be forfeited in
accordance with the provisions of the Section III - General Conditions of the Contract.
2 . DEVIATIONS
a) We declare that all the services shall be performed strictly in accordance with the Tender documents
except for the variations, assumptions and deviations, all of which have been detailed out
exhaustively in the following statements, irrespective of whatever has been stated to the contrary
anywhere else in our Tender:
b) Statement of Deviations from Tender Terms and Conditions (Format 5 of Section IX)
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
We hereby declare that in case the contract is awarded to us, we shall submit the contract performance
guarantee bond in the form prescribed in Section XI (Format 3).
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.
Initial Draft
Page 95
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
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:
9.2. Format 2 - General Information about the Bidder
Sl. No
Information
1 . Name of the Bidder
2 . Address of the Bidder
Name & Designation of the contact person to
3 . whom all references shall be made regarding this
tender
4 . Telephone No. (with STD Code)
5 . E-Mail of the contact person:
6 . Fax No. (with STD Code)
7 . Website
9.3. Format 3 - Pre-Bid Queries
SDC Pre-bid Query Format
Sl. No
Bidder Name
Initial Draft
Pg no.
RFP Clause No.
Clause
Clarification Sought
Remark from Bidder
Response from
the Sate
Page 96
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
9.4. Format 4 - Manpower Details
Sl. No. Role
No of Resources
1.
DC Project Manager
2.
Network & Security specialist
3.
System Administrator
4.
Technical specialist EMS
5.
Database Admin
6.
Storage and Backup
7.
Helpdesk Coordinators
8.
BMS support
9.
Electrical support
10.
Physical Security
11.
Housekeeping
12.
Support/ Back office
Min. Qualification, Relevant Experience &
Certifications
TOTAL
9.5. Format 5 - Deviations from Tender Terms & Conditions
SI. No.
Initial Draft
Section No.
Clause No.
Page No.
Statement of deviation and
variation
Remarks
Page 97
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
10. Section X - Format for Response to Tender - Commercial Bid
10.1. Format 1 - Commercial Bid Letter
To
<NAME & ADDRESS OF CONTACT PERSON >
Sir/ Madam,
Subject: Appointment of an Agency for Operations and Maintenance (FMS) of Physical, IT and Non IT
Infrastructure at the State 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 State Data Centre do hereby propose to provide services as specified in the Tender documents
number <TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY>
4 . PRICE AND VALIDITY
a. All the prices mentioned in our Tender are in accordance with the terms as specified in the Tendered
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
b. We hereby confirm that our Tender prices include all taxes. However, all the taxes are quoted
separately under relevant sections.
c.
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.
5 . UNIT RATES
a. 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.
6 . BID SECURITY
a. We have enclosed a BID SECURITY in the form of a Demand Draft / Bank Guarantee for a sum of
INR _______________/- (Rupees __________________only). This BID SECURITY is liable to be
forfeited in accordance with the provisions of the Section VII - GENERAL TERMS AND
CONDITIONS OF TENDER & CONTRACT.
7 . DEVIATIONS
a. We declare that all the services shall be performed strictly in accordance with the Tender documents
except for the variations and deviations, all of which have been detailed out exhaustively in the
Initial Draft
Page 98
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
following statement, irrespective of whatever has been stated to the contrary anywhere else in our
bid.
b. Further we agree that additional conditions, if any, found in the Tender documents, other than those
stated in deviation schedule, shall not be given effect to.
8 . TENDER PRICING
a. We further confirm that the prices stated in our bid are in accordance with your Instruction to Bidders
included in Tender documents.
9 . QUALIFYING DATA
a. 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 before evaluation of
our Tender, we agree to furnish the same in time to your satisfaction.
1 0 . BID PRICE
a. 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.
1 1 . CONTRACT PERFORMANCE GUARANTEE BOND
a. We hereby declare that in case the contract is awarded to us, we shall submit the contract performance
guarantee bond in the form prescribed in Section XI – Performa and as per Section VII - General Terms
and Conditions of Tender & Contract
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 Name
Designation
Seal.
Date:
Place:
Business Address:
Initial Draft
Page 99
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
10.2. Format 2 - Breakdown of Cost Components
I. 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.
II. All the prices (even for taxes) are to be entered in Indian Rupees ONLY (%age values are not allowed)
III. It is mandatory to provide breakup of all Taxes, Duties and Levies wherever applicable And / or payable.
IV. Odisha Computer Application Centre reserves the right to ask the Bidder to submit proof of payment against
any of the taxes, duties, levies indicated.
V. Odisha Computer Application Centre shall take into account all Taxes, Duties & Levies for the purpose of
Evaluation
VI. The Bidder needs to account for all Out of Pocket expenses due to Boarding, Lodging and other related
items.
VII. 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, Odisha Computer Application Centre retains
the right to negotiate this rate for future requirements.
VIII. For the purpose of evaluation of Commercial Bids the Odisha Computer Application Centre shall make
appropriate assumptions to arrive at a common bid price for all the Bidders. This however shall have no corelation with the Contract value or actual payment to be made to the Bidder.
Initial Draft
Page 100
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Summary of Cost Components
PRICE SCHEDULE - A: Comprehensive onsite maintenance charges of Hardware/ Software installed at OSDC, cited items are listed in Table 1, 2, 3, 5 and 6.
Sl. No.
Item Description
Make
No. of
Quarters
Model
Serial No. Unit Rate of comprehensive
VAT
Service
Unit Rate of
Total
maintenance per quarter
Amount
Tax
comprehensive
Comprehensive
including all taxes & levies
(Rs)
Amount
maintenance per
Maintenance Cost
(Rs)
quarter including
including all taxes
all taxes & levies
and levies (Rs)
but excluding VAT & Service
Tax (Rs.)
(Rs.)
1
2
3
Total in figures
Total in words (Rupees)
PRICE SCHEDULE – B : Software Support Services
Sl. No.
Software Name
Software
Total
Version
Licenses
renewal cost per quarter
Procured
including all taxes & levies
1
IBM TSM
7.1
376(PVU)
2
Symantec Endpoint Protection 100
12.1
100
3
Unix AIX Enterprise Latest Edition
UNIX AIX 6.1
5
4
CA Spectrum
9.4
150
5
CA eHealth
6.3
150
6
CA Service Desk
12.9
5(Concurrent)
Initial Draft
Unit rate of software support VAT Amount ServiceTax
(Rs)
(in Amount)
Unit rate of software
Total software
support renewal cost support renewal cost
per quarter including including all taxes &
but excluding VAT & Service
all taxes & levies
Tax (Rs.)
(Rs.)
levies (Rs.)
Page 101
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
7
8.2
27
8.2
5
CA UIM (Server)
8
CA UIM (Database)
Total in figures
Total in words (Rupees)
PRICE SCHEDULE - C: FACILITY MANAGEMENT SERVICES - MANPOWER CHARGES
Sl. No.
Role
No of
Resources.
Man Month Rate
Man Month Rate
Service Tax
ServiceTax
Gross Man Month
per quarter
(In
(in Amount)
Rate
(No. of Resources x
Percentage)
[B]
(in Rupees)
Man month Rate x 3)
[A + B ]
[A]
1
DC Project Manager
1
2
Network Security Specialist
2
3
System Administrator
2
4
Technical Specialist EMS
1
5
Database Admin
1
6
Storage & Backup
1
7
Helpdesk Coordinators
3
8
BMS Support
2
9
Electrical Support
3
10
Physical Security
3
11
Housekeeping
1
12
Support/ Back office
1
Total in figures
Total in words (Rupees)
Initial Draft
Page 102
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
BID SUMMARY - D: COMMERCIAL BID SUMMARY
Total cost of Operations & Maintenance including all taxes and levies (in Rupees)
Sl. No.
Item description
Price Schedule
In Figures (Rs.)
1
Total Price-schedule A
Schedule A
2
Total Price-schedule B
Schedule B
3
Total Price-schedule C
Schedule C
In Words
Total Bid Value (in Figures) Rs.
Total Bid Value (in Words) Rupees
NOTE:
1. FMS INCLUDES ALL SYSTEM SOFTWARE LIKE OS, DBMS, APPLICATION SERVER SOFTWARE, ANTIVIRUS, EMS/NMS ETC. DEPLOYED ON
RESPECTIVE HARDWARE.
2. BIDDER MUST HAVE TO QUOTE FOR ALL THE ITEMS IN THE SCHEDULES A, B AND C SEPERATELY IN THEIR RESPECTIVE CELLS.
Initial Draft
Page 103
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
11. Section XI - Performa
11.1. Bidding document acknowledgement Performa
Dated:
To
Odisha Computer Application Centre
………………………………………….
Dear Sirs,
We hereby acknowledge receipt of a complete set of Bidding Documents consisting of all Annexure (along with
their Appendices) enclosed to the "Invitation for Bid" pertaining to providing of______________________
services against tender no. __________________________________________________.
We have noted that the closing date for receipt of the tender by Odisha Computer Application
Centre____________is at ________ hrs. (IST) and opening at _____________ hrs. (IST) on the same day.
We guarantee that the contents of the above said Bidding Documents will be kept confidential within our
organization and text of the said documents shall remain the property of Odisha Computer Application Centre
and that the said documents are to be used only for the purpose intended by Odisha Computer Application
Centre
Our address for further correspondence on this tender will be as under:
TELEX NO: ……………………......
FAX
NO: ……………………...
TELEPHONE NO: …………………
PERSONAL ATTENTION OF: …………………...
(IF REQUIRED)
Yours faithfully,
(BIDDER)
Note: This form should be returned along with offer duly signed
Initial Draft
Page 104
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
11.2. Performa of Bank Guarantee towards Bid Security
BID BOND
Reference No. __________________
Date _________________
Bank Guarantee No.______________
To,
<< Address>>
Against contract vide advance acceptance of the Tender for building of Data Centre covering
supply/provisioning of
(hereinafter called the said ‘contract’) entered into between the Purchaser and M/s
_______________________ (herein called the Service Provider) this is to certify that at the request of the
Service Provider, we _______________________ (Name of the Bank), are holding in trust in favor of the
Purchaser, the amount of Rupees _______________________________ (write the sum herein words) to
indemnify and keep indemnified the Purchaser against any loss or damage that may be caused to or suffered by
the Purchaser by reason of any breach by the Service Provider of any of the terms and conditions of the said
contract and/ or in the performance thereof. We agree that the decision of the Purchaser, whether any breach of
any of the terms and conditions of the said contract and/ or in the performance thereof has been committed by
the Service Provider and the amount of loss or damage that has been caused or suffered by the Purchaser shall
be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on demand
and without demur to the Purchaser.
We ______________________________ (Name of the Bank) further agree that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for satisfactory performance and
fulfilment in all respects of the said contract by the Service Provider i.e. till __________________ (viz. up to
acceptance and signoff of O & M) hereinafter called the said date and that if any claim accrues or arises
against us ______________________________ (Name of the Bank) by virtue of this guarantee before the said
date, the same shall be enforceable against us ______________________________ (Name of the Bank),
notwithstanding the fact that the same is enforced within six months’ after the said date, provided that notice of
any such claim has been given to us ______________________________ (Name of the Bank), by the
Purchaser before the said date.
Payment under this letter of guarantee shall be made promptly upon our receipt of notice to that effect from the
Purchaser.
It is fully understood that this guarantee is effective from the date of the said contract and that we
______________________________ (Name of the Bank), undertake not to revoke this guarantee during its
currency without the consent in writing of the Purchaser.
We undertake to pay to the Purchaser any money so demanded notwithstanding any dispute or disputes raised
by the Service Provider in any suit or proceeding pending before any court or tribunal relating thereto our liability
under this present bond being absolute and unequivocal.
Initial Draft
Page 105
Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
The payment so made by us under this bond shall be a valid discharge of our liability for payment there under
and the Service Provider shall have no claim against us for making such payment.
We ______________________________ (Name of the Bank), further agree that the Purchaser shall have the
fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions
of the said contract or to extend time of performance by the Service Provider
from time to time or to postpone for any time of from time to time any of the power exercisable by the Purchaser
against the said Service Provider and to forebear or enforce any of the terms and conditions relating to the said
contract and we, ______________________________ (Name of the Bank), shall not be released from our
liability under this guarantee by reason of any such variation or extension being granted to the said Service
Provider or for any forbearance by the Purchaser to the said Service Provider or for any forbearance and/ or
omission on the part of the Purchaser or any other matter or thing what-so-ever, which under the law relating to
sureties, would, but for this provision have the effect of so releasing us from liability under this guarantee.
This guarantee will not be discharged due to the change in the constitution of the Bank or the Service Provider.
Date ___________________
Place __________________
Signature _____________________
Witness ________________
Printed Name __________________
(Bank’s common seal)
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
11.3. Performa of Bank Guarantee towards Performance Security
PERFORMANCE GUARANTEE
Ref. No. ____________________________ Bank Guarantee No_____________________
Dated ___________________________
To,
Odisha Computer Application Centre
_____________________
_____________________
India
Dear Sirs,
1. In consideration of <<STATE GOVT.>>, having its office at <<……….. >> (hereinafter referred to as <<
STATE GOVT. >>, which expression shall, unless repugnant to the context or meaning thereof, include all its
successors, administrators, executors and assignees) having entered into a CONTRACT No.
Dated
_______ (hereinafter called 'the CONTRACT' which expression shall include all the amendments thereto)
M/s ____________ having
with
its registered/ head office at ______________________(hereinafter referred to
as the 'CONTRACTOR') which expression shall, unless repugnant to the context or meaning thereof include all
its successors, administrators, executors and assignees) and Odisha Computer Application Centre having
agreed that the CONTRACTOR shall furnish to Odisha Computer Application Centre a performance guarantee
for Indian Rupees ... .. for the faithful performance of the entire CONTRACT.
2. We (name of the bank) ______________________________ registered under the laws of _______ having
head/registered office at __________________________ (hereinafter referred to as "the Bank", which
expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators,
executors and permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in
writing any /all moneys to the extent of
Indian Rs.
(in
figures)
(Indian Rupees
(in
words)
_____________________________)
without any demur, reservation, contest or protest and/or without any reference to the CONTRACTOR. Any
such demand made by Odisha Computer Application Centre on the Bank by serving a written notice shall be
conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding
any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or
thing whatsoever, as liability under these presents being absolute and unequivocal. We agree that the
Initial Draft
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is discharged by
Odisha Computer Application Centre in writing. This guarantee shall not be determined, discharged or affected
by the liquidation, winding up, dissolution or insolvency of the CONTRACTOR and shall remain valid, binding
and operative against the bank.
3. The Bank also agrees that Odisha Computer Application Centre at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the
CONTRACTOR and notwithstanding any security or other guarantee that Odisha Computer Application Centre
may have in relation to the CONTRACTOR’s liabilities.
4. The Bank further agrees that Odisha Computer Application Centre shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions
of the said CONTRACT or to extend time of performance by the said CONTRACTOR(s) from time to time or to
postpone for any time or from time to time exercise of any of the powers vested in Odisha Computer Application
Centre against the said CONTRACTOR(s) and to forbear or enforce any of the terms and conditions relating to
the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension
being granted to the said CONTRACTOR(s) or for any forbearance, act or omission on the part of Odisha
Computer Application Centre or any indulgence by Odisha Computer Application Centre to the said
CONTRACTOR(s) or any such matter or thing whatsoever which under the law relating to sureties would, but
for this provision, have effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that
is taken for the performance of the CONTRACT and all dues of Odisha Computer Application Centre under or
by virtue of this CONTRACT have been fully paid and its claim satisfied or discharged or till Odisha Computer
Application Centre discharges this guarantee in writing, whichever is earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of Odisha
Computer Application Centre or that of the CONTRACTOR.
7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of
issue.
8. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian Laws
and subject to the exclusive jurisdiction of Indian Courts of the place from where the purchase CONTRACT has
been placed.
9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to
Indian Rs (in figures)
(Indian Rupees (in words) _______________)
and
our
guarantee
shall
remain in force until ______________________ (Two years from the date of acceptance of the O & M)
Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no such
claim has been received by us by the said date, the rights of Odisha Computer Application Centre under this
Guarantee will cease. However, if such a claim has been received by us within the said date, all the rights of
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Odisha Computer Application Centre under this Guarantee shall be valid and shall not cease until we have
satisfied that claim.
In witness whereof, the Bank through its authorized officer has set its hand and stamp on this...day of.....20___
at..................................
WITNESS NO. 1
(Signature)
Full name and official address (in legible letters) with Bank stamp
Attorney as per power of Attorney No...
Dated………………….
WITNESS NO. 2
(Signature)
Full name and official address (in legible letters) with Bank stamp
Attorney as per power of Attorney No...
Dated………………….
INSTRUCTIONS FOR FURNISHING BANK GUARANTEE
1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp paper as per stamp duty
applicable at the place from where the purchase CONTRACT has been placed. The non-judicial stamp paper
should be in name of the issuing bank.
2. The expiry date should be arrived at by adding 60 days to the CONTRACT completion date unless otherwise
specified in the bidding documents.
3. The Bank Guarantee by Indian bidders will be given from Nationalised/Scheduled Banks only.
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12. Section XII Annexures
12.1. Format 1 - Pre Qualification Check List
Sl. No.
1.
Clause
Details along with page
numbers of relevant
documents
Documents Required
Document Submitted
(YES/ NO)
The bidder should be a company registered under the 1) Valid copy of Certificate of incorporation
Companies Act, 1956 since last 5 years
and Registration Certificates
Bidder should be an established Information Technology 2)
Company/ IT System Integrator and should have been in
Self
Certification
of
being
in
the
Information Technology business for the
the business for a period exceeding 5 years as on last 5 years duly attested by company
31.March.2015.
secretary/ charted accountant should be
attached
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
2.
Clause
Documents Required
The bidder must have executed/ executing at least
one
work
order
of
providing
operation
and
maintenance Services (FMS) to IT and Non IT
equipments of Data Centre of Government/ SemiGovernment
/
PSU/
Scheduled
Banks/
Limited
i.
Copy of Work Order + Copy of
Details along with page
numbers of relevant
documents
iii.
Document Submitted
(YES/ NO)
iv.
completion certificate from the client
or
ii. Copy of Work Order + Phase wise
Completion Certificate from the client
companies having minimum order value of Rs.250.00
Lakh for a year in any of last 5 financial years as on
st
31 March 2015
or
Must have executed/ executing two work orders as on
above with similar scope having a each order value
of Rs. 200 Lakh for a year in any of last 5 financial
st
years as on 31 March 2015
Or
Must have executed/ executing three work orders as
on above with similar scope having a each order
value of Rs. 120 Lakh for a year in any of last 5
st
financial years as on 31 March 2015
Note:
1. 1. More than one work order against one tender shall
be treated as one work order. However, orders against
rate contract shall not be clubbed.
2. Value of FMS and Maintenance services shall only be
considered for qualification of bids. Assumed/ projected
values for such services shall not be considered.
Note: Bidder’s in house data centres shall not be
considered.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
3.
Clause
Details along with page
numbers of relevant
documents
Documents Required
Document Submitted
(YES/ NO)
Annual Turnover of the bidder from IT/ IT System CA Certificate with CA’s Registration
Integrator during each of the last three financial years as Number/ Seal for Net worth. . Copy of the
on 31st Mar 2014 as per the last published audited audited profit and loss account of the
company showing turnover of the company
balance sheets, should be at least Rs. 30.00 Crores.
for last three years.
The net worth of the bidder in the last financial year
should be Positive.
4.
The bidder must have on its roll at least 100 technically a) Certificate from HR Head for number of
qualified
professionals
in,
networking,
systems Technically
qualified
professionals
integration, and Data Centre Management
employed by the company along with copy
of latest EPF challan.
a) At least five resources should be ITIL/ CISSP certified.
b) At least five resources should be ISO 27001/ ISO b) Name of the employees along with
certified copies of the certifications done,
20000 lead Auditor or Lead Implementer certified.
which are ITIL / CISSP.
Certificates from the client showing the
bidder has experience in doing ISO 20000
& ISO 27001 certification for data centre.
5
The bidder should furnish, as part of its bid, an EMD of
Rs. 15,00,000/- (Rupees Fifteen Lakh Only)
mentioned in terms of reference 1.4
The bid EMD should be denominated in
as Indian Rupees, and should be in the form of
Demand Draft OR Bank Guarantee issued
by a Nationalized / Scheduled commercial
Bank, in favor of
Application
Centre,
Odisha Computer
payable
at
Bhubaneswar.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
Sl. No.
6.
Clause
Details along with page
numbers of relevant
documents
Documents Required
Document Submitted
(YES/ NO)
The bidder shall not be under a Declaration of Ineligibility Self Declaration in this regard by the
for corrupt or fraudulent practices or blacklisted with any authorized signatory of the Bidder
of the Government agencies.
7.
The bidder should have an office in Bhubaneswar. Relevant
However, if the local presence is not there in the state,
Documents
supporting
Office
addresses/ Undertaking.
the bidder should give an undertaking for establishment
of an office, within one months of award of the contract.
8.
The
bidder
should
have
valid,
ISO
9001:2008 Valid certificate copies needs to be attached
Certification as on last date of submission of bid.
9.
The bidder should submit
confirming following:
valid letter from the OEMs a) Letter of Authorization from bidder.
b) Undertaking from OEM in tabular form

Authorization for bidder

Confirm that the products would be covered under
comprehensive AMC for two years Undertake that
the support including spares, patches for the quoted
products shall be available for next 2 years.
10.
OEM
Name
Product
Authorization
Operation
Validity
13. Certificate from OEMs for authorizing
their respective products.
The bidder must have up-to-date Income Tax Return\ Copies of relevant Certificates of
PAN Number, VAT and Service Tax Clearance Registration, Income Tax/ PAN Number,
st
Certificate as on 31 March 2014.
VAT/ CST clearance certificate from the
respective Government Department.
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
13.1. Format 2 - For submission of Project References for Pre Qualification Experience
Project Name:
Country:
Location within country:
Value of Contract/Work Order (In INR):
Project Duration:
Name of Customer:
Total No. of staff-months of the assignment:
Contact person with address, phone, fax and e-
Approx. value of the services provided by your
mail:
company under the contract (in INR):
Start date (month/year):
Completion date (month/year):
Name of associated Bidders, if any:
Narrative description of Project:
List of Services provided by your firm/company
Please attach a copy of the work order/ completion certificate/ purchase order/ letter from the customer for each
project reference
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Operations & Maintenance (FMS) IT and Non IT Equipments installed at OSDC
13.2. Format 3 - Declaration by bidder regarding establishment of office in Bhubaneswar
{to signed by selected bidder}
To,
<<Address>>
Sir/Madam,
I have carefully gone through the Terms & Conditions contained in the RFP Document for Odisha State Data Center
(OSDC).
I hereby given an undertaking that my company <name has to specify by bidder> will establish an office in
Bhubaneswar, within two months of award of the contract.
I further certify that I am competent officer in my company to make this declaration.
Yours Sincerely
Name of the Bidder: - ________________
Authorized Signatory: - _______________
Seal of the Organization: ______________
Date:-___________________
Place:-___________________
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