Professional Documents
Culture Documents
Regd. Office
C-3, Mathura Road,
Opposite Indraprastha Apollo Hospital,
New Delhi –110 076
Page 1 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
CONTENTS
***
Page 2 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
Tender Notice
1. Sealed tenders in two bid system are invited for Bids for Upgradation of Weblogic
Hardware, Software and Migration of application at CONCOR’s Central Site at Tughlakabad,
New Delhi.
2. Tender document can be purchased from the office of Executive Director (MIS), Container
Corporation of India Ltd., C-3, Mathura Road, Opp. Apollo Hospital, New Delhi –110076.
CONCOR shall not be responsible for any postal delay. Complete tender papers duly
accompanied with requisite EMD shall be received in the office of Executive Director (MIS), as
per date and time mentioned below and shall be opened in presence of the bidders or their
authorized representatives.
Experience with respect to The minimum amount of single work of the similar nature
similar nature works should be amounting to Rs. 1.60 Crore or works of similar
nature amounting to Rs. 2.40 Crore during previous 36
months prior to the date of tender opening. Proof of
completion of such projects is to be submitted by the
bidder.
Support The bidder should be a total solution provider and should
have either direct tie-up with principals or with their
authorized partners for SUN and Oracle for supply and
providing necessary support. The bidder should submit
authorization certificate from the principles authorizing
them to bid for this tender/ requirement for CONCOR
Page 3 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
along with the technical bid. The bidder should have
support office in Delhi to provide necessary support.
3. CONCOR reserves the right to reject any or all the tenders without assigning any reason thereof.
This tender notice is also available on the web site www.concorindia.com. The bid document can
also be downloaded from the website. However, the intending bidders should submit the document sale
price of Rs. 2,500.00 by way of Demand Draft in favour of “Container Corporation of India Ltd.”
payable at New Delhi at the time of submission of bid.
Page 4 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
SECTION -I
Tender Letter
To,
……………………………………………
……………………………………………
……………………………………………
Dear Sir,
1. Enclosed please find a set of complete tender document comprising of the following for the work
mentioned above.
Section II :Invitation of Bids for Upgradation of Weblogic Hardware, Software and Migration
of application at CONCOR’s Central Site at Tughlakabad, New Delhi.
Your offer in sealed cover is invited as per date, time and other instructions indicated below. You
are requested to pursue the instructions contained in the above documents and submit your tender
on the due date and time as mentioned in the tender notice duly signed on each page along with
requisite credentials.
2. Tender/Bid
This envelope will be clearly superscribed with Name of Work, Tender No. CON/IT/1184/09/01 and
shall contain the following:
Page 5 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
i) Attested copies of Affidavit for sole proprietorship/ partnership deed/ memorandum and
Article of Association along with details pertaining to place of registration, principal place of
business of the firm, etc.
ii) Attested copy of power of attorney on non judicial stamp paper of appropriate value of the
signatory of bid on behalf of the tenderer.
iii) Earnest Money of Rs. 4.80 Lac (Rs. Four Lac Eighty Thousand Only) in proper format as
mentioned in para 3 of Section III.
iv) Document in support of financial stability e.g. Balance sheets with profit and loss account
for the last three years, present capital (authorized and issued and paid up), financial
arrangement proposed viz. own resources/ bank credit etc., current assets, current
liabilities, working capital and net worth, banker certificate regarding solvency, etc. (Note:
Give full details for each).
v) The tenderer should submit a latest valid solvency certificate from a Nationalized/ Scheduled
bank as per the format enclosed at Section - X.
vi) Any other information which the contractor may like to submit in support of his capabilities,
etc.
vii) General conditions of contract duly read and signed on all pages.
viii) Special conditions of contract duly read and signed on all pages.
3. Financial Bid
The financial bid with rates and amounts duly filled in words and figures. Total cost of bids should
also be indicated in words and figures duly signed.
4. General
4.1 All bids must be delivered to the office of the Executive Director (MIS), Container Corporation of
India Ltd. at C-3, Mathura Road, Opp. Apollo Hospital, New Delhi –110 076.
4.2 The Tender No. CON/IT/1184/09/01 given above and subject must appear on all correspondence
and documents.
4.3 The tender shall be on sale from 27/08/2009 to 17/09/2009 on all working days between 1100
hrs. and 1600 hrs.
Page 6 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
4.4 All bids in sealed cover must be delivered to the office of the Executive Director (MIS) Container
Corporation of India Ltd, C-3, Mathura Road, Opp. Apollo Hospital, New Delhi –110 076 not later
than 1100 hrs. on 18/09/2009. Bids must be deposited in the nominated Tender Box.
4.5 The purchaser will open the technical bids in the presence of the bidders' representatives who
choose to attend, on 18/09/2009 at 1130 Hrs. at Container Corporation of India Ltd., C-3, Mathura
Road, Opp. Apollo Hospital, New Delhi –110 076.
4.6 Period of completion of the entire work is 90 Days from the date of issue of Purchase Order.
4.7 Bidders are requested to peruse the “Instructions to Bidders” and all other terms in the tender
document and submit their proposal duly sealed.
4.8 Container Corporation of India Ltd. reserves the right to accept or reject any or all the tenders in
part or full irrespective of their being lowest, without assigning any reasons.
4.9 The offer should be submitted in a sealed cover containing two separate sealed envelopes viz.
Technical bid and financial bid. The sealed envelop containing the Technical Bid should clearly
mention "Technical Bid" and the envelope containing the financial bid should clearly mention "
financial Bid". The technical bid will be opened at 1130 hrs. on the same day in the presence of the
bidders' representatives who choose to attend.
4.10 All bids must be accompanied by a EMD for the amount of Rs. 4.80 Lac (Rs. Four Lac Eighty
Thousand Only) in the form of a DD/ Pay Order issued by Nationalised Bank/ Schedule Bank in
favour of 'Container Corporation of India Ltd.' payable at New Delhi.
4.11 Bidders are requested to peruse the minimum qualifying criteria to be fulfilled by bidders for their
eligibility to participate in the tender. The details of minimum qualifying criteria are indicated in
“Annexure –A”
Note :
1. Fax /Telex and incomplete offers will be rejected. The Container Corporation of India Ltd. reserves
the right to accept or reject any or all bids received at their absolute discretion without assigning
any reasons whatsoever.
2. It is brought to the notice of bidders that their tender will not be considered if they fail to fulfil the
minimum eligibility criteria.
Yours sincerely,
(Anurag Mathur)
Executive Director (MIS)
Page 7 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
Annexure –A
1. The average annual turnover of the bidder during the last three financial years should
not be less than Rs. 6.48 Crore (Rs. Six crore and Forty Eight Lac Only).The information
shall be supported by the copy of Chartered Accountant’s certificate.
2. The minimum amount of single work of the similar nature should be amounting to 1.60
Crore or works of similar nature amounting to 2.40 Crore during previous 36 months
prior to the date of tender opening. Proof of completion of such projects is to be
submitted by the bidder.
3. The bidder should be a total solution provider and should have either direct tie-up with
principals or with their authorized partners for SUN and Oracle for supply and providing
necessary support. The bidder should submit authorization certificate from the
principles authorizing them to bid for this tender/ requirement for CONCOR along with
the technical bid. The bidder should have support office in Delhi to provide necessary
support.
4. EMD of Rs. 4.80 Lac (Rs. Four Lac Eighty Thousand Only) in the form of Demand Draft/
Pay Order drawn from Nationalised Bank/ Scheduled Bank in favour of “Container
Corporation of India Ltd.” payable at New Delhi.
5. Tenderers may please note that only fulfilling the minimum eligibility criteria does not
qualify them for opening of their financial bid. However, in case if tenderers who do not
fulfil the above requirement, their tenders are liable for rejection.
***
Page 8 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
SECTION -II
Title : Upgradation of Weblogic Hardware, Software and Migration of application at CONCOR’s Central
Site at Tughlakabad, New Delhi.
1. Container Corporation of India Limited invites sealed bids for the Upgradation of Weblogic
Hardware, Software and Migration of application at CONCOR’s Central Site at Tughlakabad,
New Delhi with Technical Specifications as given in Section –VI.
2. Details of Bid :
c) Date and Time for opening of the bid : 18/09/2009 at 1130 Hrs.
3. Bidding Procedure
All bids must be delivered to the office of the Executive Director (MIS), Container Corporation of
India Ltd. at C-3, Mathura Road, Opp. Apollo Hospital, New Delhi –110 076.
a) Not later than 1100 hrs. on 18/09/2009 in a sealed envelope. The bid will be opened at
1130 hrs. on the same day in the presence of the bidders’ representatives who choose to
attend.
b) All bids must be accompanied by a EMD for the amount of Rs. 4.80 Lac (Rs. Four Lac Eighty
Thousand Only) in the form of a Demand Draft/Pay Order issued by Nationalised
Bank/Scheduled Bank in favour of ‘Container Corporation of India Ltd.’ payable at New Delhi.
c) Bids not accompanied by EMD will be rejected.
d) No interest shall be paid on EMD.
e) Bidders should quote for all the items given in the technical specifications at Section VI of
the tender. In case of incomplete bid or deviation from the specifications the offer is liable to
be rejected.
Note : Fax /Telex and incomplete offers will be rejected. The Container Corporation of India Ltd.
reserves the right to accept or reject any or all bids received at their absolute discretion without
assigning any reasons whatsoever.
Page 9 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
4. Documents to be submitted alongwith Technical Bid:
iii) Attested copies of Affidavit for sole proprietorship/ partnership deed/ memorandum and
Article of Association along with details pertaining to place of registration, principal place
of business of the firm, etc.
iv) Attested copy of power of attorney on non judicial stamp paper of appropriate value of
the signatory of bid on behalf of the tenderer.
v) Earnest Money of Rs. 4.80 Lac (Rs. Four Lac Eighty Thousand Only) in proper form as
mentioned in para 3 of Section III.
vi) Document in support of financial stability e.g. Balance sheets with profit and loss account
for the last three years, present capital (authorised and issued and paid up), financial
arrangement proposed viz. own resources/ bank credit etc., current assets, current
liabilities, working capital and net worth, banker certificate regarding solvency, etc.
(Note: Give full details for each).
vii) Latest valid solvency certificate from a Nationalized/ Scheduled bank as per the format
enclosed at Section - X.
viii) Any other information which the contractor may like to submit in support of his
capabilities, etc.
ix) General conditions of contract duly read and signed on all pages.
Page 10 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
SECTION III
INSTRUCTIONS TO BIDDERS
1.1. The bidding procedures and contract terms are prescribed in the bidding documents. In
addition to the Invitation for Bids, the bidding documents include:
a) Instruction to bidders.
b) General Conditions of Contract.
c) Special Conditions of Contract.
d) Technical Specifications and Compliance.
e) Bid form and price schedules.
f) Contract Form.
g) Performance security form
i) Integrity Pact
a) Bidders desirous to submit their bids document downloaded through have to give an
undertaking that the contents of the bidding documents have not been altered or modified
and no page is missing. In case of any discrepancies between the downloaded version and
the original version of bid document on sale/ put on website, the later shall prevail.
b) Bidder has to submit point by point compliance to the technical and commercial compliance
and it should be included in the Technical Bid. Any deviations from the specifications should
be clearly brought out in the bid.
c) Bidder shall quote for the entire package on a single responsibility basis for the goods and
services it proposes to supply under the Contract.
d) The offer should be submitted in sealed cover containing two separate sealed envelops viz.
Technical bid and Financial bid. The sealed envelop containing the Technical Bid should
clearly mention “Technical Bid” and the envelop containing the Financial bid should clearly
mention “Financial bid”. The technical bid will be opened at 1130 hrs. on the same day in
the presence of the bidder’s representatives who choose to attend.
e) Deviations from the specifications should be clearly brought out in the Bid.
Page 11 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
f) No taxes will be paid separately. Modification in duties/tax rates will not be considered at
any stage.
3. EMD
I. The Bidder shall furnish as part of its bid, EMD to the amount of Rs. 4.80 Lac ( Rs. Four
Lac Eighty Thousand Only) in the form of a Demand Draft/Pay order issued by a
nationalised bank / scheduled bank in favour of ‘Container Corporation of India Limited’
payable at New Delhi.
II. Unsuccessful bidder’s EMD will be discharged / returned after the finalisation of tender
without any interest.
III. The successful bidder’s EMD will be discharged upon the bidder’s signing the Contract
and furnishing the performance security.
a) If a Bidder withdraws his bid during the period of bid validity specified by the bidder.
b) In case of a successful bidder, if the bidder fails to sign the Contract or to furnish
performance security.
The bid shall remain valid for 120 days from the date of bid opening. The validity may be
extended if the tender is not finalised within the validity period.
5. Submission of Bids:
a) All offers shall be made available as specified in the technical specifications and should be
signed by the authorised signatory of the firm on all the pages of the Tender Document.
A certified copy of Power of Attorney for signing the bid shall accompany the
bid document.
b) All prices and other information in this regard having a bearing on the price shall be
written both in figures and words in the prescribed offer form.
c) The bid should be submitted in the prescribed bid form given in Section VI & VII of this
document. All columns of the form should be filled. Any additional information should be
enclosed separately and referred to in the relevant column of the bid form. All relevant
product literature must be enclosed with the bid.
d) Bids submitted after the specified time of opening will be considered as late bids and will
be rejected.
Page 12 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
e) No bid may be modified subsequent to the deadline for submission.
f) Bidders shall furnish clause by clause commentary on all clauses of Bid Document
including Technical Specifications.
All bids in sealed cover must be delivered to the office of the Executive Director (MIS) Container
Corporation of India Ltd, C-3, Mathura Road, Opp. Apollo Hospital, New Delhi –110 076 on the
18/09/2009 mentioned in the Section-II. Bids must be deposited in the nominated Tender Box.
7. Opening of Bids:
a) The purchaser will open the technical bids in the presence of the bidders’ representatives
who choose to attend, on 18/09/2009 at 1130 Hrs. at Container Corporation of India Ltd.,
C-3, Mathura Road, Opp. Apollo Hospital, New Delhi –110 076.
b) The bidders’ representatives who will be present shall sign in register evidencing their
attendance. Only one representative shall be allowed to attend. In the event of the specific
bid the submission & opening date being declared a holiday for the purchaser, the bid shall
be submitted & opened at the same time and location on the next working day.
c) The bidders’ names, bid withdrawals, presence of EMD, discount and such other details as
the Purchaser at its discretion may consider appropriate will be announced at the bid
opening.
d) The financial bids of technically qualified bidders will be opened on a date and time to be
notified to such technically qualified bidders.
8. Clarification of Bids:
To assist the examination, evaluation and comparison of bids the Purchaser may at its
discretion, ask the bidder for clarification of its bid. The request for clarification and the
response shall be in writing and no change in price or substance of the bid shall be sought,
offered or permitted.
9. Evaluation of Bids:
Where percentage rate is asked for, tenderer should write percentage in figures as well
as in words and when there is ambiguity between words and figures, words will prevail.
Tenderers may note that non compliance of above may lead to rejection of their tender.
c) Purchaser may waive off any minor infirmity or non-conformity or irregularity in a bid,
which does not constitute a material deviation, provided such a waiving, does not
prejudice or effect the relative ranking of any bidder.
d) The comparison shall be of prices inclusive of taxes and duties. The rates of Post
warranty AMC and ATS (both including all the taxes and duties) for 4 Years and buyback
cost will be considered for the purpose of evaluation. The offers without AMC (for 4
years), ATS (for 4 years) and Buyback will be considered as incomplete and liable to be
rejected.
e) The Purchaser at its discretion can ask the service providers for the demonstration of all
or some components/features and the same would have to be arranged by the bidder
within seven days of such notification at no extra cost.
f) In case of incomplete bid or deviation from the specifications the offer is liable to be
rejected.
Purchaser reserves the right to vary the quantity within validity of the Contract without any
change in price or other terms and conditions with commensurate increase or decrease in
delivery period. The purchaser reserves the right to drop any item at its own discretion.
The Purchaser reserves the right to accept or reject any bid and to annul the bidding process
and reject all bids at any time prior to award of contract, without thereby incurring any liability to
the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the
grounds for the Purchaser's action.
Within 15 days of receipt of Purchase Order, the successful bidder shall send its representative
to CONCOR office to sign the contract form provided in the bidding document, incorporating all
agreements between the parties and the vendor should have submitted performance Bank
Guarantee prior to that.
a) Within 10 days of the receipt of notification of award from the Purchaser, the successful
Bidder shall furnish the Performance Security for an amount of 15% of contract value
(i.e. for value covered under A (I) of the Price bid format excluding buyback cost and
recurring cost), valid for 18 months from the date of signing of contract form in accordance
with the Conditions of Contract, in the Performance Security Form provided in the bidding
documents.
Page 14 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
b) Failure of the successful Bidder to comply with the requirement as above shall constitute
sufficient grounds for the annulment of the award and forfeiture of the EMD.
CONCOR has introduced an Integrity Pact to ensure transparency in the procurement process. A
copy of the Integrity Pact is placed in Section-XI. The authorized signatory of the bidder is
required to sign and return the copy of Integrity Pact along with the Bid Document.
Bidder is required to submit clause-by-clause commentary of all the clauses of the bid document.
Deviations / disagreement, if any, shall be brought out clearly.
***
Page 15 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
SECTION -IV
a) “The Contract” means the agreement between the Purchaser and the Supplier to supply,
install and commission the goods and or services. It consists of the following documents:
i) Agreement.
ii) Letter of Acceptance/ Notification of Award.
iii) Supplier’s Bid.
iv) Contract Data.
v) Conditions of Contract including Special Conditions of Contract.
vi) Specifications and Drawings.
vii) Bill of Quantity.
viii) Any other document listed in the Contract Data as forming part of the Contract.
b) “The Contract Price” means the price payable to the Supplier under the Contract for the full
and proper performance of its Contractual obligations.
c) “The Purchaser” means the Organization or its authorised representative, getting the supply
and installation of equipment done and in this case Container Corporation of India Ltd.
(CONCOR) is a purchaser.
d) “The Supplier”/ “The Service Provider” means the individual or firm/ company undertaking
for Providing the Services to and/or Supply, Commissioning and Install for CONCOR under
this Contract.
2. Application :
These General Conditions shall apply to the extent that they are not superseded by provisions in
other parts of this bid document.
3. Standards :
The Goods supplied under this Contract shall conform to the standards mentioned in the
Technical Specifications, and, when no applicable standard is mentioned; to the authoritative
standard appropriate to such standards shall be the latest issued by the concerned institution.
4. Performance Security :
4.1 After the receipt of notification of award of the Contract, the Supplier shall furnish performance
security to the Purchaser within scheduled period specified in the Special Conditions of Contract.
4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for
any loss resulting from the Supplier’s failure to complete its obligation under the Contract.
K) “saMivada maUlya” ka Aqa- hO pUit-k<aa- kao [sako saMivadagat daiya%vaaoM ko pUNa- AaOr ]icat inaYpadna ko ilae saMivada ko tht doya
maUlya.
ga) “k`ota” ka Aqa- hO saMgazna Aqavaa [saka p`iQakRt p`itinaiQa jaao ]pskr kI saPlaa[- AaOr ]sakao AiQaYzapna saMbaMQaI saovaaeM
p`aPt krta hO. [samaoM kMTonar ka^rpaoroSana Aaf [MiDyaa ilaimaToD (ka^naka^r) k`ota hO.
Ga) “pUit-k<aa-“/ “saovaa p`dana krnao vaalaa” ka Aqa- hO vah vyai@t Aqavaa fma-/kmpnaI/]pk`ma, jaao [sa saMivada ko tht ka^naka^r
ko ilae saovaaeM p`dana krtI hO AaOr/Aqavaa ]pskraoM kI saPlaa[-, ]nhoM caalaU AaOr AiQaYzaipt krtI hO.
2. laagaU haonaa
yao saamaanya Sato-M ]saI saImaa tk laagaU haoMgaI ijasa saImaa tk [sa baaolaI dstavaoja ko iksaI Anya Baaga maoM ]illaiKt ]pbaMQaaoM
kao AiQak`imat na kroM.
3. maanak
[sa saMivada ko tht saPlaa[- ikyaa gayaa maala tknaIkI ivainado-SaaoM maoM ]illaiKt maanakaoM ko Anau$p haogaa AaOr yaid iksaI
laagaU maanak ka ]llaoK nahIM ikyaa gayaa hO tao saMbaiQat saMsqaana Wara eosao maanak ko samaIcaIna p`iQakRt maanak jaarI ikyaa
jaaegaa.
4. inaYpadna p`itBaUit
4.1) saMivada ko AiQainaNa-ya kI AiQasaUcanaa imalanao ko baad pUit-kta- saMivada kI ivaSaoYa Satao-M mao ivainaid-YT AvaiQa ko
AMdr k`ota kao inaYpadna p`itBaUit dogaa.
4.2) pUit-k<aa- Wara saMivada ko tht Apnao daiya%vaaoM kao pUra na krnaoo ko pirNaama sva$p k`ota kao haonao vaalaI haina kI
xaitpUit- ko ilae inaYpadna p`itpUit- k`ota kao doya haogaI.
4.4 The Performance Security will be discharged by the Purchaser and returned to the Supplier not
later than 30 days following the date of completion of the Suppliers’ performance obligations,
including any warranty obligations, under the Contract.
4.5 The performance security shall be valid for a specified period as per the tender terms and
conditions.
5.1 The Purchaser or its representative shall have the right to inspect and/or to test the Goods to
confirm their conformity to the Contract. The Special Conditions of Contract and/or the
Technical Specifications shall specify what inspections and tests the Purchaser requires and
where they are to be conducted. The Purchaser shall notify the Supplier in writing of the identity
of any representatives retained for these purposes.
5.2 All the equipment and components to be installed may be tested/ inspected and certified by
CONCOR’s authorised representatives before fitment. The inspection and test may be conducted
on the premises of the Supplier or at the point of delivery. On complete supply each equipment
shall be inspected by the authorized representative of CONCOR. Inspector’s certificate shall be
furnished to CONCOR.
5.3 A certificate of acceptance of supply and commissioning from the purchaser’s representative
shall also be presented along with the bill.
5.4 The inspection as per Para 5.2 shall be arranged and borne by the Supplier at no cost to the
Purchaser.
5.5 If any inspected or tested Goods fail to conform to the specifications, the Purchaser may reject
them and the Supplier shall either replace the rejected goods or make all alterations necessary
to meet specification requirements free of cost to the Purchaser.
5.6 The Purchaser’s right to inspect, test and, where necessary, reject the goods after the good’s
arrival at destination shall in no way be limited or waived by reason of the goods having
previously been inspected, tested and passed by the Purchaser or its representative prior to the
good’s despatch ex-factory/ warehouse.
6. Warranty :
6.1 The Supplier warrants that the items supplied under this Contract are new, unused, of the most
recent or current models and incorporate all recent improvements in design and materials,
unless provided otherwise in the Contract. The Supplier further warrants that the goods
supplied under this Contract shall have no defect arising from design, materials or workmanship
or from any act or omission of the Supplier, that may develop under normal use of the supplied
goods in conditions obtaining where the goods are meant to operate/perform.
Page 17 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
(k) Baart maoM isqat iksaI raYT/IyakRt/AnausaUicat baOMk Wara jaarI AaOr baaolaI dstavaoja maoM ide gae $p (fama-) maoM
Aqavaa k`ota kao svaIkaya- iksaI Anya $p (fama-) maoM baOMk gaarMTI.
(K) raYT/IyakRt/AnausaUicat baOMk ka “kMTonar ka^rpaoroSana Aaf [iNDyaa ilaimaToD” ko naama Baugatana AadoSa yaa
iDmaaMD D/aFT.
4.4) PaUit-k<aa- Wara inaYpadna daiya%vaaoM AaOr saMivada ko tht vaarMTI daiya%vaaoM, yaid kao[- hao, kao pUra krnao kI tarIK
ko baad AiQaktma 30 idna ko AMdr k`ota Wara inaYpadna PaUit-k<aa- kI raiSa PaUit-k<aa- kao laaOTa dI jaaegaI.
4.5) inaYpadna p`itpUit- inaivada kI Satao-M ko Anausaar ivainaid-YT AvaiQa tk ivaiQamaanya haogaI.
6.3 The Purchaser shall promptly notify the Supplier in writing of any claims arising under this
warranty.
6.4 Upon receipt of such notice, the Supplier shall with all reasonable speed, repair or replace the
defective goods or part thereof, without cost to the Purchaser.
6.5 If the Supplier, having been notified, fails to remedy the defect(s) within a reasonable period,
the Purchaser may proceed to take such remedial action as may be necessary, at the Suppliers’
risk and expense and without prejudice to any other rights which the Purchaser may have
against the Supplier under the Contract.
7. Payments :
7.1 The method and condition of payment to be made to the Supplier under the Contract is
specified in the special conditions of the Contract.
7.2 Suppliers’ request for payment shall be made to the Purchaser in writing accompanied by
relevant documentation.
7.3 Payment shall be made by the Purchaser after submission of the invoice/claim by the Supplier
provided that all requisite documents as required under the Contract are submitted.
8. Prices :
Price charged by the Supplier for any goods and services under the Contract shall not vary from
the prices quoted by the Supplier in its bid.
9. Change Orders :
The Purchaser may at any time make changes within the general scope of Contract in the
services to be provided by the Supplier.
If any such change causes an increase or decrease in the cost of, or the time required for the
Supplier’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 Price or delivery
schedule or both, and the Contract shall accordingly be amended. Any claim by the Supplier for
adjustment under this Clause must be asserted within 30 days from the date of the Supplier’s
receipt of the Purchaser’s changed order.
10.1 The delivery, installation and commissioning of all equipment shall be made by the Supplier in
accordance with the time schedule specified by the Purchaser in its schedule of requirements.
10.2 Any delay by the Supplier in the performance of its delivery obligations shall render the Supplier
liable for the following :
Page 18 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
6.2) jaba tk ik saMivada kI ivaSaoYa Satao- maoM Anyaqaa ]pbaMiQat na hao yah vaarMTI saMivada maoM ]illaiKt gaMtvya sqaana pr,
yaqaaisqait, maala yaa ]sako iksaI Baaga kI saupud-gaI, AiQaYzapna AaOr ]sao caalaU krnao ko baad 12 maah tk vaOQa
rhogaI.
6.3) k`ota [sa vaaMrTI ko tht iksaI BaI davao kI turMt pUit-k<aa- kao ilaiKt maoM saUcanaa dogaa.
6.4) eosaI saUcanaa p`aPt haonao pr, pUit-k<aa- Kraba maala yaa ]sako iksaI Baaga kI SaIGa`aitSaIGa` marmmat krogaa yaa ]sao
badlaogaa AaOr [sako ilae k`ota kao[- Kca- vahna nahIM krogaa.
6.5) yaid pUit-k<aa- saUcanaa imalanao ko baad ]pyau@t AvaiQa ko AMdr ~uiT maoM sauQaar nahIM kr pata hO tao k`ota pUit-k<aa-
ko jaaoiKma AaOr Kca- pr AaOr eosao iksaI Anya AiQakar pr p`itkUla p`Baava Dalao ibanaa, jaao [sa saMivaQaa ko tht
k`ota ka pUit-k<aa- ko saMbaMQa maoM hO, eosaI sauQaara%mak kar-vaa[- kr sakta hO.
7. Baugatana
7.1) saMivada ko tht pUit-k<aa- kao ike jaanao vaalao Baugatana kI ivaiQa AaOr Sato- saMivada kI ivaSaoYa Sa<aao-M maoM ivainaid-YT
hOM.
7.2) pUit-k<aa- k`ota kao Baugatana krnao ka AnauraoQa ilaiKt maoM krogaa Aaor ]sako saaqa saBaI saMgat dstavaoja lagaaegaa.
7.3) PUait-k<aa- Wara baIjak/davaa p`stut krnao ko baad k`ota Baugatana krogaa baSato- ik saMivada ko tht yaqaapoixat saBaI
saMgat dstavaoja p`stut ike gae haoM.
8. maUlya
saMivada ko tht maala AaOr saovaaAaoM ko ilae pUit-k<aa- Wara vasaUla ikyaa gayaa maUlya pUi,t-k<aa- Wara baaolaI mao ]d\GaRt maUlya sao
iBanna nahIM haogaa.
k`ota saMivada ko saamaanya kaya- xao~ ko BaItr pUit-k<aa- Wara p`dana kI jaanao vaalaI saovaaAaoM maoM iksaI BaI samaya pirvat-na kr
sakta hO.
yaid [sa trh ko pirvat-na sao laagat baZ, jaatI hO yaa kma hao jaatI hO yaa saMivada ko tht kaya- ko iksaI Baaga ko inaYpadna
maoM PaUit-k<aa- kI Aaor sao laganao vaalao samaya maoM pirvat-na haota hO, Balao hI ]samaoM AadoSa Wara pirvat-na ikyaa gayaa hO Aqavaa
nahIM, tao saMivada ko maUlya Aqavaa saupud-gaI AnausaUcaI, Aqavaa daonaaoM, maoM ]icat samaayaaojana ikyaa jaaegaa AaOr tdnausaar saMivada maoM
saMSaaoQana ikyaa jaaegaa. [sa KMD ko tht samaayaaojana ko ilae pUit-k<aa- Wara kao[- BaI davaa pUitk<aa- kao k`ota ka pirvat-
na saMbaMQaI AadoSa p`aPt haonao kI tarIK sao 30 idna ko AMdr ikyaa jaanaa caaihe.
10.1) saBaI ]pskaraoM kI saupud-gaI, AiQaYzapna AaOr ]nhoM caalaU krnao ka kama k`ota kI ApnaI Apoxaa – AnausaUcaI maoM
ivainaid-YT samaya – saarNaI ko Anausaar ikyaa jaaegaa.
10.2) pUit-k<aa- Wara Apnao saupud-gaI saMbaMQaI daiya%vaaoM ko inaYpadna maoM ivalaMba krnao sao pUit-k<aa- inamnailaiKt kar-vaa[- krnao
ko ilae ]<ardayaI haogaa :
Forfeiture of its performance security, imposition of liquidated damages and termination of the
Contract for default including purchase of undelivered goods from alternative sources at the risk
and cost of the supplier in accordance with clause 12.2.
If the Supplier fails to commission and integrate any or all of the equipment and the related
services within the time period specified in the Contract, the Purchaser shall without prejudice to
its other remedies available under the Contract, deduct from the Contract price as liquidated
damages, a sum equivalent to 0.5% (one half of one percent) of the price of the delayed goods
or unperformed services for each week or part thereof, of delay until actual delivery or
performance, upto a maximum deduction of 10% of Contract price. Once the maximum is
reached, the Purchaser may consider termination of the Contract.
12.1 The Purchaser may, without prejudice to any other remedy for breach of Contract, by written
notice of default sent to Supplier, terminate the Contract in whole or part :
a) If the Suppliers fails to deliver, install and provide the required services within the time
period specified in the Contract or any extension thereof granted by the Purchaser.
b) If the Supplier fails to perform any other obligation(s) under the Contract.
12.2 In the event the Purchaser terminates the Contract in whole or in part, the Purchaser may
procure, upon such terms and in such manner as it deems appropriate, goods similar to those
undelivered for any excess costs for such similar goods at the risk and cost of Supplier.
However, the Supplier shall continue the performance of the Contract to the extent not
terminated.
In the event of any unforeseen event directly interfering with the supply of stores arising during
the currency of the contract such as war, hostilities, acts of the public enemy, civil commotion,
sabotage, fires, floods, explosions, epidemics, quarantine restriction, or acts of God, the supplier
shall, within a week from the commencement thereof, notify the same in writing to the
purchaser with reasonable evidence thereof. If the Force Majeure condition(s) mentioned above
be in force for a period of 90 days or more at any time, the purchaser shall have the option to
terminate the contract on expiry of commencement of such Force Majeure by giving 14 days
notice to the supplier in writing. In case of such termination, no damages shall be claimed by
either party against the other, save and expect those which had occurred under any other
clause of this contract prior to such termination. However, any strike, lockout or disorder solely
restricted to the employees of the supplier or his sub-supplier will not be covered as a Force
Majeure Event.
14.1 The Purchaser may, by written notice sent to the Supplier, terminate the Contract, in whole or in
part, at any time for its convenience. The notice of termination shall specify that termination is
Page 19 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
]sakI inaYpadna p`itBaUit jabt krnaa, inaNaI-t hjaa-naa lagaanaa AaOr KMD 12.2 ko Anausaar pUit-k<aa- ko jaaoiKma
AaOr Kca- pr vaOkilpk s~aotaoM sao saupud-gaI na ike gae maala kI KrId saiht caUk haonao pr saMivada ka
pirsamaapna.
11. inaNaI-t hjaa-naa
yaid pUit-k<aa- iksaI Aqavaa saBaI ]pskaraoM kao caalaU krnao AaOr ]nhoM svaIkRt krnao tqaa saMivada maoM ivainaid-YT samayaavaiQa ko
AMdr saMbaw saovaaeM p`dana krnao maoM Asamaqa- haota hO tao k`ota, saMivada ko tht ]plabQa Anya ]payaaoM pr p`itkUla p`Baava Dalao
ibanaa, vaastivak saupud-gaI yaa inaYpadna krnao tk ivalaMba ko p`%yaok saPtah yaa ]sako iksaI Baaga ko ilae 0.5% ko barabar
raiSa (AaQaa p`itSat) inaNaI-t hjaa-nao ko $p maoM saMivada maUlya maoM sao kaT laogaa ikMtu yah kTaOtI saMivada maUlya ko AiQaktma
10% tk haogaI. jaba yah raiSa AiQaktma tk phuMca jaae tao k`ota saMivada kao pirsamaaPt krnao pr ivacaar kr sakta
hO.
12. caUk Wara pirsamaapna
12.1) k`ota, saMivada – BaMga krnao ko ilae iksaI Anya ]paya pr p`itkUla p`Baava Dalao ibanaa pUit-k<aa- kao
ilaiKt maoM caUk ka naaoiTsa dokr pUNa- saMivada yaa ]sako iksaI Baaga kao pirsamaaPt kr sakta hO.
(k) baSato- ik PaUit-k<aa- saMivada kI ivainaid-YT samayaavaiQa yaa k`ota Wara baZ,a[- ga[- AvaiQa ko AMdr saamaana kI
saupud-gaI, AiQaYzapna AaOr Apoixat saovaae^M p`dana krnao maoM Asamaqa- hao.
(K) PaUit-k<aa- saMivada ko tht iksaI Anya daiya%va (daiya%vaaoM) kao pUra krnao maoM Asamaqa- hao.
12.2) yaid k`ota saMivada kao pUNa-t: Aqavaa AMSat: pirsamaaPt krta hO tao, k`ota pUit-k<aa- ko jaaoiKma AaOr Kca-
pr saupud-gaI na kI ga[- madaoM ko samaana madaoM kao Aitir@t Kca- krko, eosaI Satao- pr AaOr eosaI rIit sao, jaao
vah ]icat samaJao, KrId sakta hO. tqaaip pUit-k<aa- saMivada ko ]sa Baaga ka inaYpadna jaarI rKogaa, ijasao
pirsamaaPt nahIM ikyaa gayaa hO.
saMivada kI AvaiQa ko daOrana saamaana kI saPlaa[- kao p`%yaxat: baaiQat krnao vaalaI iksaI BaI Ap`%yaaiSat GaTnaa ko GaiTt
haonao pr, jaOsao yauw, yauw kI isqait, saava-jainak Sa~u kaya-, isaivala ASaaMit, taoD, - faoD,, AagajanaI, baaZ,, ivasfaoT,
mahamaarI, krMtIna inaba-MQana, dOvakRt, pUit-k<aa- ]sakI Sa$Aat sao ek saPtah ko AMdr k`ota kao ]sako ]icat p`maaNa saiht
ilaiKt maoM saUcanaa dogaa. yaid }pr ]illaiKt isqait (isqaityaa^M) 90 idna yaa ]sasao AiQak AvaiQa tk banaI rhtI hO tao
k`ota kao eosaI Apirhaya- GaTnaa ko p`arMBa haonao ko baad pUit-k<aa- kao ilaiKt maoM 14 idna ka naaoiTsa dokr saMivada pirsamaaPt
krnao ka ivaklp haogaa. eosao pirsamaapna ko maamalao maoM, ek pxakar dUsaro pxakar sao hjaa-nao ka davaa nahIM krogaa ikMtu eosao
pirsamaapna sao pUva- [sa saMivada ko iksaI Anya KMD ko tht pirsamaapna kI isqait maoM hjaa-naa donaa haogaa. tqaaip, kovala
pUit-k<aa- Aqavaa ]sako ]p – pUit-k<aa- ko kma-caairyaaoM kI hD,tala, talaabaMdI yaa Avyavasqaa kao Apirhaya- GaTnaa ko $p
maoM Saaimala nahIM ikyaa jaaegaa.
14.1) k`ota ApnaI sauivaQaanausaar iksaI BaI samaya pUit-k<aa- kao ilaiKt naaoiTsa Baojakr PaUNa-t: Aqavaa AMSat: saMivada
kao pirsamaaPt kr sakta hO. pirsamaapna – naaoiTsa maoM yah ivainaid-YT haogaa ik pirsamaapna k`ota kI
for the Purchaser’s convenience, the extent to which performance of work under the Contract is
terminated, and the date upon which such termination becomes effective.
14.2 The goods that are complete and ready for shipment within 30 days after the Supplier’s receipt
of notice of termination shall be purchased by the Purchaser at the Contract terms and prices.
For the remaining goods, the Purchaser may elect:
a) To have any portion completed and delivered at the Contract terms and prices; and/or
b) To cancel the remainder and pay to the Supplier an agreed amount for partially completed
goods and for materials and parts previously procured by the Supplier.
15.1 The Purchaser and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement or dispute arising between them under or in connection with the
Contract.
15.2 In the event of failure to resolve a dispute the disputes shall be referred to the sole arbitration
appointed by MD/CONCOR. There will be no objection if the sole arbitrator appointed by
MD/CONCOR is an employee of CONCOR provided he has not previously dealt with the case.
The Contract shall be interpreted in accordance with the laws of the Union of India.
17. Notices :
17.1 Any notices given by one party to the other pursuant to the Contract shall be sent in writing or
by fax/ telex/ cable and confirmed in writing to the address specified for that purpose in the
Special Conditions of Contract.
17.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
Supplier shall be entirely responsible for all taxes, duties, license fees etc., incurred until delivery
of the Contracted goods to the Purchaser. No tax or duty will be payable by the Purchaser.
All notices, communication, references and complaints made by the purchaser and supplier
inter-se concerning the works shall be in writing and no notices, communication, references or
complaints not in writing shall be recognized.
All the work / supplies carried out by the supplier shall be of the best quality and shall be to the
entire satisfaction of the purchaser. For this purpose, the supplier shall adopt necessary quality
assurance of product and services.
Page 20 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
sauivaQaanausaar ikyaa gayaa hO AaOr saMivada ko tht iksa saImaa tk kaya- - inaYpadna pirsamaaPt ikyaa gayaa hO
AaOr yah pirsamaapna iksa tarIK sao laagaU haogaa.
14.2) pUit-k<aa- Wara pirsamaapna naaoiTsa p`aPt haonao ko 30 idna ko AMdr naaOBarNa ko ilae tOyaar maala kao k`ota
saMivada kI Satao- AaOr maUlyaaoM pr KrId laogaa. SaoYa maala ko ilae k`ota yah cayana krogaa ik :
(k) saMivada kI Satao- AaOr maUlyaaoM pr tOyaar AaOr saupud-gaI ike gae iksaI Baaga kao lao ilayaa jaae, AaOr Aqavaa
(K) SaoYa maala ko ilae saMivada rd\d kr dI jaae AaOr AaMiSak $p sao tOyaar maala ko ilae tqaa pUit-k<aa- Wara
phlao KrIdI ga[- saamaga`I AaOr purjaaoM ko ilae svaIkRt raiSa ka pUit-k<aa- kao Baugatana kr idyaa jaae.
15.1) k`ota AaOr pUit-k<aa- saMivada ko tht Aqavaa saMivada ko saMbaMQa maoM ]nako baIca iksaI matBaod Aqavaa ivavaad kao
p`%yaxa $p sao AnaaOpcaairk baatcaIt krko SaaMitpUNa-k saulaJaanao ka hr saMBava p`yaasa krogaa.
15.2) iksaI ivavaad kao na inapTae jaanao kI isqait maoM ]sao p`baMQa inadoSak/ka^naka^r Wara inayau@t ekmaa~ maQyasqa kao
Baojaa jaaegaa. yaid p`baMQa inadoSak/ka^naka^r Wara inayau\@t ekmaa~ maQyasqa ka^naka^r ka kma-caarI hO tao [samaoM
kao[- Aapi<a nahIM haogaI baSato- ik ]sanao phlao maamalao pr cacaa- na kI hao.
16. laagaU ivaiQa
17. SaUcanaa
17.1) saMivada ko AnausarNa maoM ek pxakar Wara dUsaro pxakar kao dI jaanao vaalaI kao[- BaI saUcanaa ilaiKt maoM Aqavaa
fO@sa/Tolao@sa/kobala ko jaire BaojaI jaaegaI AaOr saMivada kI ivaSaoYa Satao- maoM ]sa p`yaaojana ko ilae ivainaid-YT
pto kI ilaiKt maoM puiYT kI jaaegaI.
17.2) saUcanaa Baojanao kI tarIK sao Aqavaa saUcanaa imalanao kI tarIK sao, [namaoM sao jaao baad maoM hao, saUcanaa laagaU haogaI.
18. kr AaOr Saulk
jaba tk saMivadagat maala k`ota kao saupud- nahIM ikyaa jaata tba tk pUit-k<aa- saBaI trh ko kr, Saulk, laa[saoMsa fIsa Aaid
ko ilae pUrI trh sao ijammaodar haogaa. k``ota Wara kao[- kr yaa Saulk doya nahIM haogaa.
The documents / drawings and information etc. which the supplier would come across in the
normal course of the execution of this contract will not be divulged to any other party without
the written permission of CONCOR.
***
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C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
21. sarkarI dstavaojaaoM kI gaaopnaIyata
[sa saMivada ko inaYpadna kI saamaanya p`ik`yaa ko daOrana pUit-k<aa- saMivada saMbaMQaI dstavaoja/AaroK AaOr saUcanaa Aaid ka^naka^r
kI ilaiKt Anaumait ko ibanaa iksaI dUsaro pxakar kao p`kT nahIM krogaa.
SECTION V
2. Performance Security
Within 10 days after the Supplier’s receipt of Notification of Award, the Supplier shall furnish
Performance Security to the Purchaser for an amount of 15% of the contract value (i.e. for value
covered under A (I) of the Price bid format excluding buyback cost and recurring cost), valid for
18 months from the date of signing of contract. This may be extended in case there is a delay in
the completion of the contract to cover the delayed period.
Failure of the successful Bidder to comply with the requirement as above shall constitute sufficient
grounds for the annulment of the award and forfeiture of the EMD.
4. Warranty
The entire system would be under warranty for a minimum period of one year from the date of
acceptance of the system by CONCOR after delivery, installation, migration and commissioning.
5. Payment terms
i) AMC Charges (including on-site support) : to be paid in equal half yearly installments
after rendering services and on submission of bill.
ii) ATS (Annual subscription) Charges: 100% advance against performance bank guarantee
of 10% of ATS Charges.
Page 22 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
6. Measurements and Defective Work:
The quantities given in the tender are approximate. However, the payment shall be made on the
basis of quantities executed at site duly accepted by nominated CONCOR official. The vendor will
be responsible for all defective work and will rework defective work to the entire satisfaction of
the nominated CONCOR official at no extra cost to CONCOR and within the overall project
schedule.
During the Warranty and AMC/ATS period, the vendor should provide round the clock onsite
support i.e. 24*7*365 (including Saturday, Sunday and all Holidays) for the entire system
including hardware and software in order to maintain the required uptime. All the calls will be
communicated to your local office through telephone. A response time of a maximum of 2 hrs.
is required (including 1 hrs to rectify the problem under all circumstances). It would be the
responsibility of vendor to ensure the desired uptime to avoid any penalties.
During the warranty, AMC/ATS period, the vendor must provide all the patches and upgrades
for the entire System at no additional cost to CONCOR. These upgrades and patches would be
installed at CONCOR site as and when necessary.
It would be vendor’s responsibility to maintain the necessary spares for the entire system at
their Delhi office in order to meet the spares requirement on site on 24*7*365 basis (including
Saturday, Sunday and all Holidays).
8. Uptime :
The vendor should ensure an uptime of minimum 99.8% for the entire system during warranty
as well as AMC/ATS period failing which a penalty would be imposed as detailed in ‘Penalty
Clause’ at serial no. 9 below.
9. Penalty Clause
The timings for the purpose for down time will be taken as round the clock on all the 365 days
including all National holidays. The available time for the entire system would be 24 hours * 365
days.
If the uptime as per Sno. 8 is less than 99.8%, penalty of Rs. 1000/- for every hour exceeding
the downtime of 0.2% would be imposed. For a single instance if the downtime exceeds 2 hrs. a
penalty of Rs. 1,000/- will be imposed for every hour beyond the 2 hrs.
a. The cost of post warranty Annual Maintenance including on-site support and Annual
Technical Support (ATS) of the system should be quoted. You must undertake to
maintain the system and provide ATS for a minimum period of 4 years from the date of
expiry of warranty at this rate.
c. The maintenance contract would be separately drawn up at the time of awarding it.
d. Post warranty AMC (including on-site support) and ATS rates (including all the taxes and
duties) for 4 years would be considered for evaluating the tender.
13. Deviations
All technical configuration/ deviations from those required by CONCOR as mentioned above
should be clearly marked in enclosed bid form in the technical compliance form. The technical bid
should be complete and incomplete bid is liable to be rejected.
Any deviation in the other terms and conditions i.e. Delivery, Warranty, Payment Schedule should
be given in the form ‘Terms and conditions’ of the bid form.
The vendor shall provide direct support to CONCOR through his own offices and employees. For
this purpose the bidder should submit complete details of his support offices e.g. address, phone
no. and name of the engineer who should be necessarily be the employee of the bidder. No third
party maintenance shall be allowed as the uptime is very critical to CONCOR and the direct
expertise of bidder is required. No sub-contracting for support shall be allowed.
15. Buyback Price :
Buyback Cost would be considered for evaluating the tender. Bid without buy-back option will be
treated as incomplete and will be rejected. For quoting the buyback cost you may inspect the old
items on any working day in case you desire.
16. Training
The vendor should provide one day training for the Hardware and Software for the items in Bill of
Material to the MIS persons at Central Site, Tughlakabad.
Page 24 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
16. Project Schedule
Date of Placement of Order: D
Sn Activity Schedule
***
Page 25 of 56
C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
SECTION -VI
1. INTRODUCTION
Current Specifications
One Server
Sun Fire V480 : V480 Sun Server with 2@900 MHz Cu Ultra Sparc III
Processors 4GB RAM, 2 x 36 GB FCAL HDD 10 K RPM/10x DVD ROM,
Veritas Volume Manager License Tier 1 B Drive/Integrated Ethernet
Card, 20/40 GB DAT Drive, , 2 Gbps single port FC adaptor for SAN
based backup, Necessary SCSI cables, power cables and kits with
Solaris8 as Operating System
Weblogic Licenses:
Container Corporation of India Limited intends to upgrade the Hardware and software of
Weblogic Server on which the E-filling of commercial applications, Web queries and SMS Queries
are running.
For the upgradation of Hardware and software, the application needs to be migrated to the new
Server (SUN M4000). The applications deployed are critical application running on 24*7*365
basis.
The Existing hardware and Software of Weblogic Server was procured in year 2003 from M/s.
Wiprp Limited and it is under AMC and ATS with them. The existing Weblogic CPU based
licenses 8.1 on V480 Sun Server needs to be converted to 10.3 version
1.3 The proposed configuration should be capable of providing a highly efficient platform.
Scope of this order includes supply, installation, migration, commissioning, integration and round
the clock (24*7*365) on site support of all the hardware, software and networking equipment (if
any).The vendor should do the migration and coordinate with M/s. M/s. CMC Ltd. and M/s.
CRIS. for migration and deployment of application. All the security aspects should also be
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Website : http://www.concorindia.com
enabled properly as per the requirement of CONCOR. The detailed scope of work is defined at
Section – VI, S.No.2(B).
1.5.1 Make of the Equipment: Only standard equipment of established make and high quality should
be quoted. Networking components and devices quoted should preferably confirm to one or two
standards makes. The make of each item should be quoted separately.
1.5.2 Quality System Certification: The manufacturers of all items are expected to have obtained
ISO 9000 quality certification. Evidence of this should be submitted as part of the bid.
1.5.3 Open Standards: The hardware, system software and networking should conform to open and
highly accepted industry standards. The proposed system should allow standard sub-systems
from the best of independent sources to be integrated. Complete details including source and
support agreement with the source of all such components are to be furnished by the bidder. The
proposed system should have the provision for file transfer facility to the products of major
computer manufacturers of the world.
1.5.4 Performance Benchmarks: Suitable performance benchmark results must be included for
each major item. Full details of the benchmark results must be included, including Full
Disclosure Report or equivalent from the certifying body.
1.5.5 Road Map for Equipment to be specified: It should be ensured that no component of the
quoted system is likely to get obsolete in the near future. A clear road map of the major
components of the hardware, network devices and software must be specified. Expansion
possibilities and field upgradability of each major item must be specified with cost implications,
including upgradation of firmware.
1.5.6 Spares and test equipment: Relevant spares and test equipment must be specified in the bid
and cost of each item should be specified. An indicative list of the spares planned to be stocked
in the CONCOR complex during the warranty period and other periods covered under
maintenance agreements must be specified.
1.5.7 Consumables: It is mandatory for the bidder to quote the cost and sources of consumables
used in all the peripherals. The peripherals need to be supported for the next four years. An
initial stock of consumables for the peripherals will be procured, the volumes of which will be
worked out before placing the final order.
1.5.8 Schematic Diagram: The bidder should provide a detailed schematic diagram of the proposed
configuration and describe in detail all the systems/sub-systems/components, their
strengths/weaknesses and connectivity. Detailed schematic of the network and hardware should
be provided giving details of cables and all active and passive devices.
1.5.9 Documentation: The bidder must specify the documentation to be supplied with each piece of
equipment. Complete documentation of all hardware and software pertaining to networking
devices and components and system software should be provided as a hard copy as well as a
soft copy in the commonly readable format.
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Website : http://www.concorindia.com
1.5.10 Completeness of the Bid: It is the responsibility of the bidder to quote all hardware, software
components to make the overall system complete and operational to the entire satisfaction of
CONCOR.
1.5.11 Experience of other Installations: The bidder should provide details of similar installations
handled by him.
1.5.12 Glossary of Terms: A glossary of all technical terms used in the bid is to be provided along
with the quote.
1.5.13 Format of the bid: The bid should be submitted in hard copy and in the Bid Format given in
this document.
1.6.1 Scope of Warranty, Warranty period & Uptime requirements: A comprehensive warranty
covering all hardware, operating system, software tools, firmware and network active devices
and passive components should be specified in the bid. The warranty should also cover services
provided including the quality of workmanship. The warranty should be for a minimum period of
12 months from the date of acceptance of the system by CONCOR after installation, migration
and commissioning. An uptime of 99.8% is required for the complete system during the
warranty and AMC/ATS period, failing which suitable penalties may be levied. The warranty is
required for all 365 days including National holidays.
1.6.2 Longer Warranty on certain items: The bidder must clearly mention those products &
services for which a life time/ longer period warranty is provided, along with the specific life of
the product or services.
1.6.3 Cost incurred during warranty period: No boarding, lodging, transport or other expenses
will be chargeable to CONCOR during the warranty period.
1.6.4 Personnel deployed for warranty and maintenance: The bidder should specify how the
service personnel will be deployed for each item along with the name of the contact person,
address & telephone no. of the contact person. In case a full time service engineer is proposed,
do specify the working hours and location of the Engineer.
***
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Website : http://www.concorindia.com
2. Technical specifications:
A) Specification of the Hardware and Software
CONCOR has requirement of 2 no. of Sun M4000 Servers, 2 no. of Sun Cluster 3.2 for SE
M4000, 1 no. of Sun StorageTek 6140 , 1 no. of Test Server (T5120) and 10 no. of Weblogic
Licenses (CPU based Licenses). The line item wise specifications are as follows :
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Website : http://www.concorindia.com
B) Scope of the work
Sno. Scope of the Work
1. Vendor would supply, install, migrate and integrate the hardware, software, and
licenses activation etc. as detailed in the technical specification at Section VII of
the tender document with the existing setup for smooth and uninterrupted
operation.
The vendor would do the migration of existing Weblogic system from the existing
8.01 version to the latest version including data porting.
2. Completely automated and scheduled backup of Sun SPARC Enterprise M4000
Servers and integrate with the online backup SAN based system.
3. Perform the following upgradation:
a) Implement Real Application Cluster (RAC) and configure the Operating
Systems on Sun SPARC Enterprise M4000 Server to achieve the optimum
performance of the applications deployed over Weblogic Server.
b) Convert the existing 2 CPU Weblogic Enterprise Licenses from 8.1 to 10.3 and
integration on Sun SPARC Enterprise M4000 Server. These licenses are under
ATS upto 17.08.2010. The subsequent ATS charges may be provided as given
in the Price Schedule under the ATS from 2nd to 5th year.
c) The complete hardware including Sun Servers (2* Sun SPARC Enterprise
M4000 Server) and SE6140 Storage etc would be installed in Sun Rack.
Installation of Weblogic licenses (latest version) and migrate the existing
applications in coordination with Software Vendor.
d) Integrate the existing licenses of Weblogic (2 CPU) with the proposed
Weblogic Enterprice licenses (10 CPU).
e) Provide required number of separate Racks (with wheels and Glass door) for
mounting the complete on Sun SPARC Enterprise M4000 Server, Test Server
etc. without any extra cost to CONCOR.
f) Storage SE6140 would be required to be configured with both M4000 Servers
(clustered mode Active: active). Vendor would ensure compatibility and
optimum performance.
4. At present the web Queries of EXIM and Domestic application and E-filling of EXIM
has been deployed also the SMS based queries are also enabled through weblogic.
The vendor should migrate these applications, install SSL, Digital signature based
authentication in co-ordination with Application Vendors.
5. The www.ccilweb.com domain has been deployed on the exiting web server
(weblogic), the vendor would migrate the domain on upgraded hardware (two
clustered M4000 Servers).
6. Required the complete support for Weblogic Server Programming Guides on
following :
The High availability features should be available even when Sun Cluster software
is not used. There should be built in monitoring capabilities that monitor the
health of server processes and service availability and it can be configured such a
way that if failed then automatically restart them. The operations, failures and
recovery logs should be maintained properly for analyze. The following features
should be configured for providing the high availability :
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are forwarded to the remote destination once it becomes available.
8. Migration : The configuration of new systems should be done such a way that,
the existing systems completely migrates without any data loss and the
information on database can be access properly in new system by web users. The
existing logs on Web server should be migrate properly and can be access to new
environment.
11. Security:
a) There should be functionality that User can sign, encrypt and decrypt the
password.
b) The OS Hardening should be carried out as per the ISO Standards.
c) There should be functionality to use the digital Signature while using
applications.
d) There should be features for password policy define ie expiry of password,
alerts message to change the password, password complexity, minimum
length of password etc. as per the requirement of CONCOR.
e) Administrative Services : Graphical User Interface (GUI) based and
Command line based user and domain administration functionality.
f) Log Monitoring Tools: There should be reporting tools through which
daily/weekly/Montly/Yearly Statistics and reports can generate for the no. of
hits, traffic monitoring, performance monitoring etc.
g) All security features should be enabled as per the requirement of CONCOR.
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Website : http://www.concorindia.com
12. Automatic Recovery: The Automatic snapshots of application/ database should be
in-built feature to reduce the recovery time.
13. Backup – Online/Offline: There should be functionality that application/database
and systems backup can be configured automatic through GUI and offline backup
can be done through Command line.
14. Co-ordination with multiple vendors at CONCOR site as and when required in
order optimizing the application performance. Coordinate with Software vendors
for the migration of the applications During warranty and AMC period.
15. Any other related activity, which needs to be done in order to optimize the
Application Performance from Hardware and Software perspective.
16. During migration of existing applications deployed on Weblogic Server from the
existing configuration to the new Server (Sun SPARC Enterprise M4000 Server),
total application downtime for end users should not exceed 3 hours. In case the
application downtime exceeds beyond 3 hours, there would a penalty of Rs.
5,000/- per hour subject to maximum of 10% of the total contract value.
17. The vendor will do the Operating System hardening , apply latest patches /
service packs, fixes, will do firmware upgrade or any other requirement related to
operating system as per CONCOR’s security policy
18. Define the Backup and Restore Policy for application server Sun SPARC Enterprise
M4000 Server in consultation with CONCOR officials. Provide necessary assistance
on site during Warranty/AMC/ATS period for redefining/upgrading the
Backup/Restore policy. Failover testing on Operating System, nodes and database.
9. Impart the Training to CONCOR officials as per the details given at clause 15,
Section –V of the tender document.
19. Round the clock onsite Support for the entire system including Hardware,
Software, Networking equipment etc on 24*7*365 basis including Saturday,
Sunday and all national holidays with maximum 2 hours onsite response time.
20. As part of regular system integration activity the following activities to be carried
out :
Diagnostic check of the server, storage , backup library and its hardware
configuration ,Operating system component check.
All necessary server services configuration for successful functioning of
application.
Performance tuning of the server for the components .
21. Documentation: Complete documentation related to application installation,
patches applied at operating System, database and application level hardcopy and
softcopy should be submitted. Procedure for doing daily backup and restoration,
failover of both databases as operating system.
22. During the Warranty / ATS period, vendor would provide patches, upgrades and
will provide support for installation of patches and version upgrades and
operating system to CONCOR at no additional cost. These patches and upgrades
would be installed at CONCOR site as and when required. During the AMC the
vendor has to do the preventive maintenance twice in a year without any extra
cost.
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Website : http://www.concorindia.com
3. TECHNICAL COMPLIANCE AND COMPLIANCE TO SCOPE OF WORK
A) Compliance to the Hardware and Software Specifications
CONCOR has requirement of 2 no. of Sun M4000 Servers, 2 no. of Sun Cluster 3.2 for SE
M4000, 1 no. of Sun StorageTek 6140 , 1 no. of Test Server (T5120) and 10 no. of Weblogic
Licenses (CPU based Licenses). The line item wise specifications are as follows :
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Website : http://www.concorindia.com
B) Compliance to the Scope of the work
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a) Web Applications: provide the basic Java EE mechanism for
deployment of dynamic Web pages based on the Java EE
standards of Servlets and Java Server Pages (JSP). Web
applications are also used to serve static Web content such as
HTML pages and image files.
b) Web Services: provide a shared set of functions that are
available to other systems on a network and can be used as a
component of distributed Web-based applications.
c) XML: capabilities include data exchange, and a means to store
content independent of its presentation, and more.
d) Java Messaging Services (JMS): enables applications to
communicate with one another through the exchange of
messages. A message is a request, report, and/or event that
contains information needed to coordinate communication
between different applications.
e) Java Database connectivity (JDBC): provides pooled access to
DBMS resources.
f) Security APIs: Integrate authentication and authorization into
the Java EE applications.
g) The webloigic server should support a variety of client types for
creating rich GUI application or simple command line utilities.
These clients’ types include RMI-IIOP, T3, J2SE Clients, Java EE
thin clients, CORBA/IDL Clients and c++ clients that
communicate with BEA Tuxedo.
h) Oracle Jrockit JVM must be included with Weblogic Server
Installation. It is high performance JVM optimizer for Intel
architectures and developed to ensure reliability, scalability,
manageability and flexibility for java applications. As the Oracle
Jrockit optimizes performance of java applications on either the
Windows or Linux Operating system platforms.
7. High Availability:
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b) Work Manager: prioritize work based on rules should be defined
as per the requirement and by monitoring actual run time
performance statistics so that this information can be used to
optimize the performance of the application. Work Mangers to
be applied globally to a WebLogic Server domain or to a specific
application or component as per the requirement.
c) Overload Protection: WebLogic Server the ability to detect,
avoid, and recover from overload conditions.
d) Network Channels: facilitate the effective use of network
resources by segregating network traffic into channels based on
the type of traffic.
e) Store and forward Services: This feature should be enabled on
WebLogic Server to deliver messages reliably between
applications that are distributed across WebLogic Server
instances. If the message destination is not available at the
moment the messages are sent, either because of network
problems or system failures, then the messages are saved on a
local server instance, and are forwarded to the remote
destination once it becomes available.
8. Migration : The configuration of new systems should be done such
a way that, the existing systems completely migrates without any
data loss and the information on database can be access properly in
new system by web users. The existing logs on Web server should
be migrate properly and can be access to new environment.
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Website : http://www.concorindia.com
10. Backup – Online/Offline: There should be functionality that
database and systems backup can be configured automatic through
GUI and offline backup can be done through Command line.
11. Security:
18. Define the Backup and Restore Policy for application server Sun
SPARC Enterprise M4000 Server in consultation with CONCOR
officials. Provide necessary assistance on site during
Warranty/AMC/ATS period for redefining/upgrading the
Backup/Restore policy. Failover testing on Operating System, nodes
and database.
9. Impart the Training to CONCOR officials as per the details given at
clause 15, Section –V of the tender document.
19. Round the clock onsite Support for the entire system including
Hardware, Software, Networking equipment etc on 24*7*365 basis
including Saturday, Sunday and all national holidays with maximum
2 hours onsite response time.
20. As part of regular system integration activity the following activities
to be carried out :
Diagnostic check of the server, storage , backup library and its
hardware configuration ,Operating system component check.
All necessary server services configuration for successful functioning
of application.
Performance tuning of the server for the components .
21. Documentation: Complete documentation related to application
installation, patches applied at operating System, database and
application level hardcopy and softcopy should be submitted.
Procedure for doing daily backup and restoration, failover of both
databases as operating system.
22. During the Warranty / ATS period, vendor would provide patches,
upgrades and will provide support for installation of patches and
version upgrades and operating system to CONCOR at no additional
cost. These patches and upgrades would be installed at CONCOR
site as and when required. During the AMC the vendor has to do the
preventive maintenance twice in a year without any extra cost.
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Website : http://www.concorindia.com
SECTION VII
Gentlemen:
Having examined the Bidding Documents including Addenda Nos................., the receipt of which is
hereby duly acknowledged, we, the undersigned, offer to supply and deliver
.......................................................(Description of Goods and Services) in conformity with the said
Bidding Documents for the sum of...............................(Total Bid Amount in Words and Figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made
part of this bid.
We undertake, if our bid is accepted, to commence delivery within ........ (Number) days and to complete
delivery of all the items specified in the Contract within ........ (Number) days calculated from the date of
receipt of your Notification of Award/Letter of Intent.
If our bid is accepted we will obtain the guarantee of a bank in a sum not exceeding ...... % of the
Contract Price for the due performance of the Contract.
We agree to abide by this bid for a period of ........ (Number) days from the date fixed for bid opening
under Clause 4 of the Instruction to Bidders and shall remain binding upon us and may be accepted at
any time before the expiration of that period.
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof
and your notification of award, shall constitute a binding Contract between us.
We undertake that, in competing for (and, if the award is made to us, in executing) the above contract,
we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of
Corruption Act 1988”.
We understand that you are not bound to accept the lowest or any bid you may receive.
(Name): ……………………………………
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PRICE SCHEDULE
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Website : http://www.concorindia.com
B) AMC Charges (including on-site support charges) (Post Warranty) - 1st Year Warranty to be covered
under cost
Total AMC Charges for 2nd, 3rd ,4th & 5th Year (in Rs.)
C) ATS (Annual subscription )Rates (Post Warranty) - 1st Year ATS should be included in the cost
2nd Year
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3rd Year
4th Year
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5th Year
Total ATS Charges for 2nd, 3rd, 4th & 5th Year (in Rs.)
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SECTION VIII
CONTRACT FORM
THIS AGREEMENT made the ..........day of ............., 20....... between ________________ (Name of
Purchaser) of.............(Address of Purchaser) (hereinafter "the Purchaser") of one part
and.................(Name of Supplier) of .............(Address of Supplier) (hereinafter "the Supplier") of
the other part:
WHEREAS the Purchaser is desirous that certain goods and services should be provided by the
Supplier, viz.,.............................(Brief Description of Goods and Services) and has accepted a bid by
the Supplier for the goods & services in the sum of................(Contract Price in Words and Figures)
(hereinafter "the Contract Price")
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
(a) the Bid Form and Price Schedule submitted by the Bidder;
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of
modification in networking and cabling services and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.
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IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
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SECTION IX
(a) Notwithstanding anything to the contrary contained herein the liability of the bank under
this guarantee will remain in force and effect until such time as this guarantee is discharged in
writing by the Container Corporation of India Ltd. or until the date of the expiry of the contract
(whichever is earlier) and no claim shall be valid under this guarantee unless noticed in writing
thereof is given by the Container Corporation of India Ltd. within 3 months from the date of
aforesaid.
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4. We…………………………………………………………….. Bank, further agree with the Container
Corporation of India Ltd. that the Container Corporation of India Ltd. shall have the fullest
liberty without our consent and without affecting in any manner out of obligations hereunder to
vary any of the terms and conditions of said contract from time to time or to postpone for any
time or from time to time any of the powers exercisable by the Container Corporation of India
Ltd. against the said contract and to forbear or enforce any of the terms and conditions of 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 contract or for any bearance, Act or commission on the part
of the Container Corporation of India Ltd., or any indulgence by the matter or thing whatsoever
which under the law relating to sureties but for the said reservation would relieve us from the
liability.
5. This guarantee will not be revoked by any change in the constitution of the Bank and or of the
surety.
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SECTION X
SOLVENCY CERTIFICATE
It is clarified that this certificate is furnished without risk and responsibilities on our part in any respect
whatsoever, more particularly either as guarantor or otherwise. This certificate is issued at the specific
request of the customer for furnishing to M/s. Container Corporation of India Ltd., C-3 Mathura Road,
Opp. Apollo Hospital, New Delhi –110 076.
For
SIGNATURE OF TENDERER………………………………………………
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SECTION XI
INTEGRITY PACT
Container Corporation of India Ltd. (CONCOR) hereinafter referred to as “The Principal”
and
……………………………………… hereinafter referred to as “The Bidder/Contractor”.
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for……… The
Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of
resources and of fairness / transparency in its relations with its Bidder(s) and / or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will
monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
(1). The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles.
a. No employee of the Principal, personally or through family members, will in connection with the
tender for, or the execution of a contract, demand, take a promise for or accept, for self or third
person, any material or immaterial benefit which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Bidders(s) with equity and reason. The Principal
will in particular, before and during the tender process, provide to all Bidder(s) the same information
and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform
the Chief Vigilance Officer and in addition can initiate disciplinary actions.
(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender process and
during the contract execution.
a. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or
give to any of the Principal’s employees involved in the tender process or the execution of the
contract or to any third person any material or other benefit which he/she is not legally entitled to,
in order to obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
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b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to
restrict competitiveness or to introduce cartelization in the bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the
Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or
pass on to others, any information or document provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including information
contained or transmitted electronically.
d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the bidder(s)/Contractor(s) of Indian Nationality
shall furnish the name and address of the foreign principals, if any. Further details as mentioned in
the “Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by the
Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the payments made to the
Indian agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on Indian
Agents of Foreign Suppliers” is annexed and marked as Annexure-10.
e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has
made, is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be
an accessory to such offences.
II. Section 3 – Disqualification from tender process and exclusion from future contracts
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money
Deposit / Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contact according to Section 3, the Principal shall be entitled to demand and recover
from the Contractor liquidated damages of the Contract value or the amount equivalent to
Performance Bank Guarantee.
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other
Company in any country conforming to the anti corruption approach or with any other Public Sector
Enterprises in India that could justify his exclusion from the tender process.
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Website : http://www.concorindia.com
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action can be taken as per the procedure mentioned in “Guidelines on Banning of business
dealings”.
(2) The Principal will enter into agreements with identical conditions as this one with al Bidders,
Contractors and Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate
its provisions.
Section 7 – Criminal charges against violating Bidder(s)/Contractor(s)/ Subcontractor(s)
(1) The Principal appoints competent and credible Independent External Monitor for this Pact. The task
of the Monitor is to review independently and objectively, whether and to what extent the parties
comply with the obligations under this agreement.
(2) The Monitor is not subject to instruction by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Managing Director, CONCOR.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all
Project documentation of the Principal including that provided by the Contractor. The contractor will
also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor is under contractual obligation to treat the information and documents of the
Bidders(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the Principal and the Contractor. The parties offer to the Monitor the option to participate in
such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform
the Management of the Principal and request the Management to discontinue or take corrective
action, or to take other relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in
a specific manner, refrain from action or tolerate action.
(6) The monitor will submit a written report to the Managing Director, CONCOR within 8 to 10 weeks
from the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
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C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com
(7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to
Independent Directors on the CONCOR Board.
(8) If the Monitor has reported to the Managing Director, CONCOR, a substantiated suspicion of an
offence under relevant IPC/PC Act, and the Managing Director CONCOR has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.
(9) The word “Monitor” would include both singular and plural.
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after
the last payment under the contract, and for all other Bidders 6 months after the contract has been
awarded.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite
the lapse of this pact as specified above, unless it is discharged / determined by Managing Director,
CONCOR.
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office
of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notice need to be made in writing. Side agreements
have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by al partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
------------------------------------------- -----------------------------------------
(For & On behalf of the Principal (For & On behalf of Bidder/Contractor)
Office Seal Office Seal
Place ----------------
Date ----------------
Witness 1 :
Name & Address -----------------------------
-----------------------------
-----------------------------
Witness 2 :
Name & Address -----------------------------
-----------------------------
-----------------------------
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C-3, Mathura Road, Opp. Indraprastha Apollo hospital, New Delhi- 110076
Phone: 011-41673093, 94, 95, 96 , Fax : 011-41673112
Website : http://www.concorindia.com