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I D B I Bank Ltd. RFP For Procurement of UPS Systems

Request for Proposal (RFP) for

Supply & Installation of UPS

Systems for

IDBI Bank Ltd.

© IDBI Bank Ltd.

1

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Document Control Sheet

Name of the Company

IDBI Bank Limited

 

 

Date of release of RFP

July 14, 2012

 

 

 

Rs. 5000/-( Rupees Five Thousand Only) in the

 

form of Demand Draft/ Bankers Cheque from a

Cost of Bid Document

Scheduled Commercial bank in favor of ‘ IDBI

Bank Limited ’ payable at Mumbai only to be

 

 

submitted along with the Technical Bid.

 

 

Last date for submission of queries

July 23, 2012

 

 

Pre-Bid meet for vendor queries

July 25,2012 3.00 PM at 18th Floor, IDBI Tower,

Cuffe Parade

 

Last Date and Time for Receipt of Bids

August 06,2012 till 3.00 PM at IDBI Intech ltd.,

CBD Belapur

 

Date & Time of Opening of Technical Bids

August 06,2012 at 3.15 PM at IDBI Intech ltd.,

CBD Belapur

 

 

 

Date & Time of Reverse Auction

To be intimated later to all qualified bidders

 

 

 

IDBI Intech Ltd.

Place of Opening of Bids

IDBI Building, Plot No.39-41, Sector-11,

 

CBD Belapur, Navi Mumbai – 400 614

Address for Communication

As given above

 

 

Note:

1.This tender document is not transferable.

2.This bid document is the property of IDBI Bank Limited.

3.If a holiday is declared on the dates mentioned above, the bids shall be received /opened on the next working day at the same time specified above.

4.This bid document has 76 pages.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

DISCLAIMER

The information contained in this Request for Proposal (“RFP”) document or information provided subsequently to bidder(s) or applicants whether verbally or in documentary form by or on behalf of IDBI Bank Limited (“IDBI Bank”), is provided to the bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided. This RFP document is not an agreement and is not an offer or invitation by IDBI Bank to any parties other than the applicants who are qualified to submit the bids (“Bidders”). The purpose of this RFP is to provide the Bidder(s) with information to assist the formulation of their proposals. This RFP does not claim to contain all the information each Bidder may require. Each Bidder may conduct its own independent investigations and analysis and is free to check the accuracy, reliability and completeness of the information in this RFP. IDBI Bank makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP.

The information contained in the RFP document is selective and is subject to updating, expansion, revision and amendment. It does not, and does not purport to contain all the information that a Bidder may require. IDBI Bank does not undertake to provide any Bidder with access to any additional information or to update the information in the RFP document or to correct any inaccuracies therein, which may become apparent. IDBI Bank reserves the right of discretion to change, modify, add to or alter any or all of the provisions of this RFP and/or the bidding process, without assigning any reasons whatsoever. Such change will be intimated to all Bidders. Any information contained in this document will be superseded by any later written information on the same subject made available to all recipients by IDBI Bank.

IDBI Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP.

IDBI Bank reserves the right to reject any or all the expression of interest / proposals received in response to this RFP document at any stage without assigning any reason whatsoever. The decision of IDBI Bank shall be final, conclusive and binding on all the parties.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

TABLE OF CONTENTS

1.Section 1: Introduction …………………………….…………………….…………………………………………….….. 5

2.Section 2: Request for Proposal (RFP)……………………………………………………………………….……… 6

3.Section 3: Eligibility Criteria……………………………………………………………………………………….……… 9

4.Section 4: Scope of Work ……………………..……………………………………………………………………...... 12

5.Section 5: Terms & Condition of the Contract (TCC) ………………………………………………………... 13

A)Instructions to Bidders (ITB)……………………………………………………………………………. 13

B)Bid opening & evaluation of bids…………………………………………………………………….. 19

C)Award of Contract……………………………………………………………………….……………….…. 22

6.Section 6: Technical Specifications of UPS systems & Batteries .…………………………………….… 41

7.Section 7: Contents and Format of Bid ..…………………………………………………………………………… 44

8.Bidder Information (Form-1)……………………………………………………………………………………………. 45

9.Format of Covering Letter (Form -1A)………………………………………………………………………………. 46

10.Non-Disclosure Agreement Form (Form-2)…………………………………………………………………..…. 48

11.Power of Attorney (Form-3)………………………………………………………………………………………..….. 53

12.Undertaking (Form-4)……………………………….………………………………………………………………..…… 55

13.Proforma for Deed of Indemnity (Form-5)………………………………………………………….………….. 56

14.Estimated Price Bid Format (Form-6)………………………………………………………………………………. 59

15.Guarantee for Performance of Contract (Form-7)…………………………………………………………... 60

16.Form of Agreement (Form-8)…………………..…………………………………………………………………….. 63

17.Proforma for Warranty (Form-9)…………………………………………………………………………………….. 70

18.Testing Format ( Form-10)……..…………………………………………………………………………………..….. 71

19.Service Level Requirements …………………………………………..……………………………………………….. 72

20.Checklist of documents to be submitted………………………..…………………………………………….…. 74

21.Section 8:Statewise no. of branches proposed to be opened…………………………………….……. 76

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 1: INTRODUCTION

IDBI Bank Ltd. (IDBI Bank) is a company incorporated and registered under Companies Act, 1956 (1 of 1956) and a banking company under section 5(c) of the Banking Regulation Act, 1949 (10 of 1949). IDBI Bank is also a scheduled bank as notified by the Reserve Bank of India (RBI) under the Reserve Bank of India Act, 1934. RBI has categorized IDBI under a new sub group "other public sector bank". IDBI Bank is engaged in providing finance to industries and conducting banking business. IDBI Bank with its Head Office at Mumbai and Zonal Offices in different regions of the country has a pan-India presence and has also ventured outside India by opening its first branch in Dubai. The IDBI Bank is pursuing an ambitious growth plan to achieve the size of 2000 branches in the near future.

IDBI Bank desires to procure UPS Systems ranging from 3 KVA to 120 KVA as per approximate quantities, locations and specifications contained in the RFP, to be supplied and installed at various locations of IDBI Bank.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 2: REQUEST FOR PROPOSAL

This “Request for Proposal” (RFP) is for supply, installation and maintenance of UPS Systems ranging from 3 to 120 KVA, as per the specifications and indicated quantities contained in the RFP (subject to change) with 36-months comprehensive onsite warranty on UPS, 24-months on Batteries and comprehensive 36-months post-warranty AMC (on UPS), as per the specifications contained in the RFP, at various locations of IDBI Bank as mentioned in Section 8. IDBI Bank reserves the right to modify the capacity / quantities of the UPS systems. The Contract / Agreement will be valid for a period of 12 months from the date of Award of Contract / issuance of LOI/Purchase order, which ever is earlier in accordance with the Contract/Agreement entered into between the successful bidder/Vendor and IDBI Bank. IDBI Bank reserves the right to extend the contract for a further period subject to mutual consent. Purchase orders will be issued from time to time for varying quantities and locations at the discretion of IDBI Bank. Post Warranty, IDBI Bank may award comprehensive onsite Annual Maintenance Contract (AMC) to the successful bidder at its sole discretion. Sealed offers / bids prepared in accordance with this RFP should be addressed to Advisor – IT and submitted to:

Vineet Gupta

IDBI Building,

Plot No.39-41, Sector-11, CBD Belapur,

Navi Mumbai -400 614. Maharashtra.

2. Due Diligence

The bidder is expected to examine all instructions, forms, terms and specifications in this RFP. Bid shall be deemed to have been done after careful study and examination of this RFP with full understanding of its implications. The bid should be precise, complete and in the prescribed format as per the requirement of this RFP. Failure to furnish all information required by this RFP or submission of a bid not responsive to this RFP in every respect will be at the bidder’s risk and may result in rejection of the bid.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

3. Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of its bid and IDBI Bank will in no case be held responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

4. Cost of RFP / Bid document

Bid needs to be submitted along with a Demand Draft / Banker’s Cheque for Rs. 5,000/-(Rupees Five Thousand Only) from a Scheduled Commercial Bank drawn in favor of ‘IDBI Bank Limited’, payable at Mumbai towards the prescribed Cost of RFP/Bid document to be downloaded from the websites, www.idbi.com / www.idbibank.com. In case, RFP is downloaded from IDBI Bank’s websites the prescribed amount towards the cost of the RFP should be paid as above along with the submission of RFP /Bid response.

Details of payment towards the cost of Bid Document are to be given in the covering letter. Bids without the payment of amount towards the cost of Bid Document will be rejected.

5. Clarification of Bidding Documents

Prospective bidders requiring any clarification of this RFP may notify IDBI Bank in writing by E-mail. The following personnel may be contacted for the purposes specified therein.

Address

Contact Person

Contact No. and Email

Fax

 

 

 

 

IDBI Building

Vineet Gupta

022 39148050/39148177

022 -

Plot No.39-41, Sector-11, CBD

 

v.gupta@idbiintech.com

2756 6313

Belapur, Navi Mumbai 400 614

 

 

 

 

 

 

 

 

IDBI Bank may hold a pre-bid meeting for any request or queries for clarification on the bid documents, from the prospective Bidders, which it receives not later than 23rd July,2012 . Further, IDBI Bank may also respond by e-mail if deemed necessary, to all clarifications, without identifying the source of the inquiry. IDBI Bank shall not be responsible for any external agency delays.

5. Amendment of Bid / RFP Document

a)IDBI Bank reserves the sole right for carrying out amendments / modifications / changes in the bidding process including any addendum to this entire bid. The bidders shall not claim as a right, requiring IDBI Bank to do the aforesaid.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

b)At any time before the deadline for submission of bids / offers, IDBI Bank may, for any reason, whether at its own initiative or in response to a clarification requested by prospective bidders, modify this RFP / Bid Document.

c)All prospective bidders to this RFP are required to check for addendums / amendments / notices to this RFP on the website till the last date of availability, prior to submission of bids and all such addendums / amendments / notices shall be binding on them.

d)If required IDBI Bank at its discretion may extend the deadline for submission of bids in order to allow prospective bidders reasonable time in which to take the amendment into account in

preparing their bids. IDBI Bank reserves the rights to extend the deadline for the submission of bids. However no request from the bidder, shall be binding on IDBI Bank for the same.

7. Proposed Capacity Specifications and quantities

UPS (KVA) Required

No. of UPSs required

Proposed location

 

 

 

 

3

6

PAN India

 

 

 

 

5

265

PAN India

 

 

 

 

10

28

PAN India

 

 

 

 

15

4

PAN India

 

 

 

 

20

3

PAN India

 

 

 

 

30

2

PAN India

 

 

 

 

40

2

PAN India

 

 

 

 

60

1

PAN India

 

 

 

 

80

3

PAN India

 

 

 

 

120

2

Mumbai

 

 

 

 

The above-mentioned quantities are only indicative and are subject to change. Projections are for only 1 year period from the date of award of contract

(+/-) 10% variance in total quantity of the UPS systems is possible

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 3: ELIGIBILITY CRITERIA

Interested Original Equipment Manufacturers (OEMs) or Authorized Channel partner of OEM are required to submit their offer. Either OEMs or their Channel partner (not both) can participate in the Tender. In case of Channel partner’s participation on behalf of the OEM, authority letter from the OEM should be attached. Also one channel partner can participate only for one OEM vendor. The Bidder should:

 

Sr.

Eligibility Criteria

Supporting Documents

 

 

No.

 

 

 

 

 

 

 

 

 

1.

Be a registered and net profit making firm or

Copy of the last three years audited

 

 

 

company for the last three years

financial statements

 

 

 

 

 

 

 

2.

Have minimum turnover out of Indian

Certificate from a Chartered

 

 

 

operations should not be less than Rupees

Accountant

 

 

 

Forty Crores in the last financial year from

 

 

 

 

UPS alone as per last year audited financial

 

 

 

 

statement.

 

 

 

 

 

 

 

 

3.

Be in the business of supplying, installing,

A self certified letter in compliance

 

 

 

commissioning and maintaining of UPS

 

 

 

 

Systems in India for last FIVE years

 

 

 

 

 

 

 

 

4.

The production line / unit / factory of the

Copy of ISO certifications

 

 

 

brand of UPS System being quoted is ISO

 

 

 

 

9001:2008 & 14001 certified

 

 

 

 

 

 

 

 

5.

CE Certified for each of the product offered

Copy of CE certificate for each product

 

 

 

 

quoted

 

 

 

 

 

 

 

6.

Direct service presence in atleast 15 states

State-wise list of valid and accurate

 

 

 

across the country with presence in atleast 1

support center addresses, contact

 

 

 

state in North East region.

person/s with numbers & the

 

 

 

resolution/response matrix for the

 

 

 

 

 

 

 

 

same.

 

 

 

 

 

 

 

7.

The bidder should have supplied & supported

Copy of the Purchase Orders (PO)

 

 

 

not less than 250 UPS systems of (5KVA to

along with the name of

 

 

 

120KVA) at various locations of banks

banks/financial institutions, contact

 

 

 

/financial institutions having a large branch

person, telephone number and the

 

 

 

 

 

 

 

 

 

 

 

 

 

© IDBI Bank Ltd.

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I D B I Bank Ltd.

RFP For Procurement of UPS Systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

network geographically spread across the

locations where UPSs are supplied and

 

 

 

country during the last two years.

supported

 

 

 

 

 

 

 

8.

Should be able to deliver, install and

A self certified letter to be submitted

 

 

 

commission the UPS systems within 4 weeks

for meeting the delivery schedule and

 

 

 

from the date of purchase order.

accepting the LD clause along with a

 

 

 

For late delivery, the LD clause would be

copy of the respective OEM confirming

 

 

 

to adhere to the delivery schedules.

 

 

 

applicable @1% of the contract value inclusive

 

 

 

 

 

 

 

 

 

of all taxes, duties, levies etc. per week or part

 

 

 

 

 

 

thereof subject to a maximum of 5%.

 

 

 

 

 

 

 

 

 

 

9.

Should not have been put in the negative list by

A self certified letter in this regard.

 

 

 

any Bank/Government Organization for breach of

 

 

 

 

 

 

any applicable law or violation of regulatory

 

 

 

 

 

 

prescriptions or breach of agreement during the

 

 

 

 

 

 

last 2 years

 

 

 

 

 

 

 

 

 

 

 

10.

The OEM/ Authorized Channel partner should

Self certified letter certifying – having

 

 

 

have technically qualified engineers who have

technically qualified engineers.

 

 

 

expertise and certification to support the

 

 

 

 

 

 

installations of UPS systems.

 

 

 

 

 

 

The OEM will be required to provide a letter

Letter of Authorization from OEM

 

 

 

of Authorization to the partner for submitting

(applicable only in case of bidding by

 

 

 

the offer on behalf of the OEM. One channel

Channel Partner on behalf of OEM)

 

 

 

partner can participate only for one OEM

 

 

 

 

 

 

vendor.

 

 

 

 

 

 

 

The Engineers at the support offices should be

Details of engineers to be provided

 

 

 

along with the support/branch offices

 

 

 

provided with a cell and the support/branch

 

 

 

as asked for on PAN-India basis.

 

 

 

offices should have telephone/fax with local

 

 

 

 

 

 

 

 

 

email facility.

 

 

 

 

 

 

 

 

 

 

 

11.

The bidder will have to compulsorily bid for all

In case bidder does not bid for all UPS

 

 

 

UPS systems mentioned in the RFP.

systems mentioned in the RFP, his bid

 

 

 

 

 

will be rejected.

 

 

 

 

 

 

 

12.

The Bidder should have all necessary licenses,

Copies of Registration Certificate &

 

 

 

permissions, consents, no objections,

PAN Card.

 

 

 

approvals as required under law for carrying

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© IDBI Bank Ltd.

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I D B I Bank Ltd.

RFP For Procurement of UPS Systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

out its business. The Bidder should have

 

 

 

currently valid Sales tax/VAT/Service Tax

 

 

 

Registration Certificate and PAN Card

 

 

 

 

 

 

 

13

On-site Support

 

Bidder should have proper service set up

 

 

 

 

on Pan India basis for On-site support.

 

 

 

 

 

 

 

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 4: SCOPE OF WORK

4.1 Bidder shall be responsible for supply, installation and maintenance of UPS Systems ranging from 3 to 120 KVA, as per the specifications and indicated quantities contained in the RFP at various locations of IDBI Bank. Tentative list of states where new branches are proposed to be opened is given in Section 8. However, the vendor may be asked to supply new UPS systems at other locations also in addition to those mentioned in Section 8.

4.2 The supplied UPS systems should be as per the technical specifications provided by IDBI Bank at

Section 6.

4.3 The supplied UPS Systems should have a 36-months comprehensive onsite warranty on UPS, 24- months on Batteries and comprehensive 36-months post-warranty AMC (on UPS) from the date of installation of the respective UPS system.

4.4 The contract will be valid for a period of 12 months from the date of award of Contract (LOI) /

First Purchase Order, whichever is earlier, in accordance with the Contract / Agreement to be

entered into between the Supplier and IDBI Bank. IDBI Bank reserves the right to extend the

contract for a further period subject to mutual consent. The Purchase Orders will be issued from time to time for varying quantities and locations at the discretion of IDBI Bank. IDBI Bank may award comprehensive onsite AMC at its discretion.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 5: TERMS AND CONDITIONS OF THE CONTRACT

A) Instructions to Bidders (ITB)

Preparation of Bids

1. Language of Bid

The bid prepared by bidders, as well as all correspondence and documents relating to the bid exchanged by the bidders and IDBI Bank shall be in Hindi or English. In case the bid is in Hindi, the bidder shall provide free of all expenses, a certified copy of the bid duly translated in English.

2. Clarifications on Bid / RFP Document

Before bidding, the bidders are requested to carefully examine the Bid Documents and the terms and conditions specified therein and if there appears to be any ambiguity, contradictions, gap(s) and/or discrepancy between any of the Bid Documents, they should forthwith refer the matter to IDBI Bank for necessary clarifications / corrections.

3. Documents constituting the Bid

The bid prepared by the bidder shall comprise the following components. The bids not conforming to the requirements shall be summarily rejected.

i.Refer Section 7: Contents and format of bid.

ii.The bidders shall quote estimated prices in clear terms inclusive of all taxes & duties and should abide by the Format for Bid.

iii.The prices are indicative only and L1-vendor of UPS systems will be decided on the basis of Reverse Auction.

iv.All prices inclusive of taxes shall be for supply, installation and maintenance (during the warranty period) of UPS Systems at various locations as per respective purchase orders issued from time to time. The aggregate price should be quoted in words also. Octroi (extra) will be paid at actuals upon submission of original receipts drawn in favour of IDBI Bank Limited.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

v.The Bid should strictly conform to the formats to enable evaluation of bid and special care may be taken that the bid having any hidden costs or conditional costs will be liable for straight rejection. Conditional bids from vendors will be summarily rejected.

vi.The price components furnished by the bidders will be solely for the purpose of facilitating the comparison of bids by IDBI Bank and will not in any way limit IDBI Bank’s right to negotiate the contract on any of the terms offered.

vii.Prices quoted by the bidders shall be applicable for the supply of UPS Systems inclusive of Batteries, battery rack, other accessories and installation at the designated floor / room at respective locations. The prices as decided in the Reverse Auction will be applicable for a period of 12-months and no increase of rates on any account will be allowed under any circumstances. No open-ended bid shall be entertained and the same is liable to be summarily rejected.

4.Bid Currencies

Prices shall be quoted in Indian Rupee (INR). All payments / deposits / fees in respect of this tender

also shall be in Indian Rupee only.

5. Bid Security [Earnest Money Deposit (EMD)]

a)Amount of Bid Security (EMD)

The bidder shall furnish, as part of bid, a Bid Security / EMD in the form of Demand Draft / Bankers’ Cheque / Pay Order from any Scheduled bank, drawn in favor of “IDBI Bank Ltd.” for an amount of Rs.8,00,000/- (Rupees Eight Lac Only) payable at Mumbai only, and must accompany the Technical Bid.

b)Requirement of Bid Security (EMD)

The Bid Security is required to protect IDBI Bank against the risk of bidder’s conduct, which would warrant the security’s forfeiture, pursuant to Instructions to Bidders Clause 5(f).

c)Rejection of Bid

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

Any bid not secured as mentioned above, shall be rejected by IDBI Bank, without any further correspondence, as non-responsive. IDBI Banks’s decision in this behalf will be final, conclusive and binding on the bidder.

d)Discharge of Bid Security of Unsuccessful bidder

Unsuccessful bidder’s Bid Security / EMD will be discharged / returned as promptly as possible but not later than 90 days after issuance of LOI to the selected bidder/s.

e)Discharge of Bid Security / EMD of Successful Bidder

The successful Bidder’s Bid Security amount will be discharged / returned upon the Bidder signing the Contract and furnishing of the performance guarantee and other guarantee(s)/ security in the form and manner to the satisfaction of IDBI Bank, within 90 days from date of LOI.

f)Forfeiture of Bid Security

The Bid Security can be forfeited if …

i.a Bidder withdraws his bid during the bid validity period; and / or

ii.a bidder makes any statement or encloses any form which turns out to be false, incorrect and/or misleading at any time prior to signing of contract and/or conceals or suppresses material information; and / or

iii.the successful Bidder fails to sign the Contract or furnish performance guarantee and other guarantee(s)/security in the form and manner to the satisfaction of IDBI Bank, as mentioned in the Bid Documents.

Any decision in this regard by IDBI Bank shall be final, conclusive and binding on the Bidder.

6. Period of Validity of Bids

a) Validity Period

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

Bids shall remain valid for 90 days (Ninety Days) after the date of bid opening prescribed by IDBI Bank. IDBI Bank holds the rights to reject a bid valid for a period shorter than 90 days as non- responsive, without any correspondence.

b)Extension of Period of Validity

In exceptional circumstances, IDBI Bank may solicit the Bidder’s consent to an extension of the validity period. The request and the response thereto shall be made in writing. Extension of validity period by the Bidder should be unconditional and irrevocable. The Bid Security provided shall also be suitably extended. A Bidder may refuse the request without forfeiting the Bid Security. A Bidder granting the request will not be permitted to modify its bid. The decision of IDBI Bank in this behalf will be final, conclusive and binding on the bidder.

7.Format and Signing of Bid

i.Authentication of Bid

The original bid shall be type written and shall be signed by a person or persons duly authorized to bind the bidder to the Contract. The letter of authorization shall be supported by a power-of- attorney accompanying the bid. The person/s signing the bid shall initial all pages of the bid, except for the un-amended printed literature.

ii. Validation of interlineations in Bid

Any interlineations, erasures or overwriting shall be valid only if the person/s signing the bid have authenticated the same with signature.

8.Sealing and Marking of Bids

The bids shall be submitted in the form of two volumes :

i)Vol -I : Technical Bid

ii)Vol -II : Estimated Commercial Bid

The Bids (Vol-I : Technical & Vol- II : Estimated Commercial) shall be placed in a separate sealed envelopes. The Vol-I - Technical Bid Envelope should be super scribed as "Technical Bid for Supply of UPS Systems to IDBI Bank Ltd." and Vol-II Estimated Commercial Bid Envelope should

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

be super scribed as "Estimated Commercial Bid for Supply of UPS Systems to IDBI Bank Ltd.". All vendors will have to compulsorily provide quotation for 3 years AMC contract in the format given in Estimate price bid form (Form-6) and AMC rate quoted must be in terms of % of UPS cost Only. The envelopes carrying Technical Bid and Estimated Commercial Bid should then put in a Single Outer cover sealed. The cover should be superscribed as “Bid for Supply of UPS Systems to IDBI Bank Limited". and a statement that “Do not open before August 06,2012. The Sealed Bid Envelopes should be personally handed over to the authorized person at the address specified below between 10.00 a.m. and 6.00 p.m. on any working day except Saturdays and Sundays on or before the last date for submission. On August 06,2012, bids will be accepted till 3.00 PM. Technical bid shall include all the technical details along with the EMD and Cost of bid amount. Estimated Price bid shall include only the price bid without any other conditions.

Bid envelopes shall also indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared "Late". No indications pertaining to price or financial or commercial terms are to be made on the envelopes.

ii) Address for Submission of Bids

Bids shall be addressed to Advisor – IT, IDBI Bank Ltd. and sent to the below-mentioned person at the following address.

Vineet Gupta

IDBI Intech Limited, IDBI Building,

Plot No.39-41, Sector-11, CBD Belapur

Navi Mumbai – 400 614. Maharashtra

iii) Responsibility of IDBI Bank

If the outer envelope is not sealed and marked as specified above, IDBI Bank will assume no responsibility for the bid’s misplacement or premature opening.

9.Rejection of Bid

The bid has to be submitted in original in the form of printed document with a covering letter on the letter-head of the bidder. The bids submitted by telex, fax or email bids shall not be entertained.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

Any condition put forth by the bidders not conforming to the bid requirements, shall NOT be

entertained and such bid shall be rejected.

The decision of IDBI Bank in this behalf will be final, conclusive and binding on the bidder.

10. Extension of Last date for Submission

IDBI Bank, may at its own discretion, extend the period for submission of bids by amending the

Bid Documents / RFP, in which case all rights and obligations of IDBI Bank and bidders shall stand

extended. However no request for extension of time from the bidders shall be binding upon IDBI

Bank. The decision of IDBI Bank in this behalf will be final, conclusive and binding on the bidder.

11. Late Bids

Any bid received by IDBI Bank after the deadline for submission of bids prescribed by IDBI Bank ,

will be summarily rejected and returned unopened to the bidder. IDBI Bank shall not be

responsible for any postal delay or non-receipt / non-delivery of the documents. No further

correspondence on this subject will be entertained.

12.Modification and Withdrawal of Bids

a)Written Notice

The bidder may modify or withdraw its bid after the bid’s submission, provided IDBI Bank receives a written notice of the modification or withdrawal, before the expiration of deadline prescribed for submission of bids.

b) Signing and Marking of Notice

The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched to IDBI Bank. A duly signed withdrawal notice may also be sent by fax or post so as to reach the designated office before the expiration of deadline for submission of bids.

c) Last Date for Notice

No bid may be modified subsequent to the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of period of bid validity specified by the bidder on the bid form. Withdrawal of a bid during this interval may result in the bidder’s forfeiture of its Bid Security.

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B)Bid Opening and Evaluation of Bids

13.Opening of Technical Bids

IDBI Bank will open all Technical Bids, in the presence of bidders’ representatives who choose to attend the Bid opening at IDBI Intech Ltd. at the address, date & time specified above. Bidder's representatives who are present shall sign a register evidencing their attendance. In the event of the specified date of Bid opening being declared a holiday for IDBI Bank, the bids shall be opened at the appointed time and location on the next working day.

14. Announcement of Bids

The bidder’s names, bid modifications or withdrawals and the presence or absence of requisite Bid Security and such other details as IDBI Bank, at its sole discretion, may consider appropriate, will be announced at the time of opening. No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the bidders.

Bids Not Considered For Evaluation

Bids that are rejected during the bid opening process shall not be considered for further evaluation, irrespective of the circumstances. The decision of IDBI Bank in this behalf will be final, conclusive and binding on the bidder.

Bids submitted by the Consortium of Companies

The Bids submitted by consortium will be rejected.

15. Clarification of Bids

During evaluation of bids, IDBI Bank may, at its discretion, ask the bidder for a clarification of its bid. The request for clarification and the response shall be in writing. If the response to the clarification is not received within the prescribed period, IDBI Bank reserves the right to make its own reasonable assumptions at the total risk and cost of the bidder.

16.Compliances

i.Bids must be accompanied by Cost of bid, Bid Security/EMD as specified in the Bid Document along with the Technical Bid (Vol-I).

ii.The bidder shall commit in writing to Supply, Install & Maintain the UPS Systems (during warranty period) as well as during the AMC period as per the time schedule indicated in this RFP.

iii.The bidder shall commit that the key personnel to be employed for carrying out the supply,

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installation & maintenance are qualified enough with adequate experience to handle the same and involved in similar installations.

iv.The bidder must provide an undertaking to comply with all the statutory requirements as well as any other requirements specified by IDBI Bank from time to time, within the contract period.

v.The date of supply & installation of UPS Systems shall not be later than Four Weeks from the date of the Purchase Order/s. The bidder shall categorically undertake to meet this timeline.

Time being the essence of the contract; the bidder is not likely to be considered if there is no such undertaking.

17.Completeness of bids

IDBI Bank will examine the bids to determine whether they are complete, meet all the terms, conditions and Technical Specifications and whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

18. Rejection of Non-responsive bids

A bid determined as not responsive will be rejected by IDBI Bank and may not subsequently be made responsive by the bidder by correction of the nonconformity. Any decision in this regard by IDBI Bank shall be final, conclusive and binding on the bidder.

19. Waivers

IDBI Bank may waive any minor informality or nonconformity or irregularity in a bid, which does not constitute a material deviation, provided such waiver, does not prejudice or affect the relative ranking of any bidder.

20. Rectification of Errors

Decision as to any arithmetical error manifest or otherwise in response to Bid Document / RFP shall be decided at the sole discretion of IDBI Bank and shall be binding on the bidder. Any decision of IDBI Bank in this regard shall be final, conclusive and binding on the bidder.

21. Rejection / Acceptance of bid

IDBI Bank reserves the right to accept or reject in part or full any or all the bids without assigning any reason whatsoever. Any decision of IDBI Bank in this regard shall be final, conclusive and binding on the bidder.

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22. Cancellation of bid

IDBI Bank reserves the right to re-issue /re-commence the entire bid process in case of any anomaly, irregularity or discrepancy in regard thereof. Any decision of IDBI Bank in this regard shall be final, conclusive and binding on the bidder.

23.Evaluation and comparison of bids

a)A committee constituted by IDBI Bank for the purpose of selection of the successful bidder,

would evaluate the Technical Bids to qualify the Bidders. Such qualified Bidders will be invited to participate in the Online Reverse Auction for commercial bidding. The qualified Bidders participating in the Online Reverse Auction will be guided to have a Digital Certificate for participating in the auction and other process of auction. The Successful Bidder shall be selected through the Online Reverse Auction on the basis of lowest total price quoted for all UPS systems.

b)Either OEMs or their Channel partner (not both) can participate in the Tender. In case of Channel partner’s participation on behalf of the OEM, authority letter from the OEM should be attached. Also one channel partner can participate only for one OEM vendor.

c)The bidder shall indicate the estimated unit prices and total Bid Prices of the goods / services it proposes to provide under the Contract.

d)Apart from the above, the company profile, past experience and performance track record of the bidder in the area of the assignment, methodology to be adopted to carry out the assignment, delivery schedule, service support, price, etc. shall be some of the important criteria in selecting the bidder.

e)During the period of evaluation, bidders may be asked to provide more details and explanations about information they have provided in the proposals. Bidders should respond to such requests within the time frame indicated in the letter/e-mail seeking the explanation.

f)IDBI Bank reserves the right to modify / amend the evaluation process at any time during the bid process, without assigning any reason whatsoever, and without any requirement of intimating the bidders of any such change. Any time during the process of evaluation, IDBI Bank may seek specific clarifications from any or all bidders.

g)IDBI Bank will select the successful bidder through Reverse Auction on the basis of lowest total price quoted for all UPS systems. The above total price includes UPS cost, batteries cost, cost of accessories (battery stand, interlinks) and installation cost inclusive of all taxes, duties, Delivery charges, Handling charges at site and Installation charges except octroi. L1 vendor selected through online reverse auction has to match the lowest AMC rate (for 3 year period) quoted by

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the other qualified vendor including L1 vendor. Bidders should submit necessary details that would help in evaluation. No intimation would be sent to the unsuccessful bidders.

h)IDBI Bank's decision in respect to evaluation methodology and short-listing bidders will be final and no claims whatsoever in this respect will be entertained.

i)IDBI Bank is not bound to accept the lowest or any bid and has the right to reject any, some or all the bids without assigning any reason whatsoever.

j)IDBI Bank also reserves the absolute and unfettered right to re-issue/re-commence the bid/bid process. Any decision in this regard by IDBI Bank shall be final, conclusive and binding on the bidders

24.Online Reverse Auction (ORA):- The commercial bidding process will be through ORA. The successful Bidder will be selected through Online Reverse Auction. All qualified bidders based on the evaluation of technical bids submitted by them will be invited to participate in the ORA process. The qualified Bidders will need to have a Digital Certificate to participate in the ORA.

25.Contacting IDBI Bank

a)Contact by Writing

No bidder shall contact IDBI Bank on any matter relating to its bid; from the time of the bid opening to the time the Contract is awarded. If the Bidder wishes to bring additional information to the notice of IDBI Bank, it should be done in writing.

b)Rejection of bid

Any effort by a bidder to influence IDBI Bank in its decisions on bid evaluation, bid comparison or Contract award may result in rejection of the bidder’s bid. The decision of IDBI Bank in this behalf will be final, conclusive and binding on the bidder.

C) Award of Contract

26. IDBI Bank’s right to accept any bid and/or to reject any, some or all bids

IDBI Bank shall however not bind itself to accept the best bid or any bid and reserves the right to accept any bid, wholly or in part. IDBI Bank reserves rights to annul the bidding process and/or reject any, some or all the bids at any time before the award of Contract at its sole discretion, without thereby incurring any liability to the affected bidder or bidders.

27. Testing :-

i)The Successful Bidder/ Supplier should have facilities to carry out all the tests at factory centre and at site . Tests will have to be satisfactorily carried out before acceptance as and when desired by IDBI Bank. A list of tests prescribed is enclosed in Testing Format (Form-10).

ii)If the UPS does not conform to specifications either during factory test or at site, the IDBI Bank reserves the right to reject the same. The successful tenderer shall then have to remove

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at no extra cost to the IDBI Bank the same at his cost from site and supply a new UPS conforming to the specifications.

iii)The IDBI Bank reserves the right to randomly decide to carry out testing of a few UPS systems at site (maximum say up to 10%) after installation at the cost of UPS vendor, who will be required to arrange for all the requisite variance, meters, loads etc. and carry out the tests through vendor’s personnel in the presence of Bank’s officials.

28.Notification of acceptance of bid

a) Notification to bidder

Before the expiry of the period of validity of the proposal, IDBI Bank shall notify the successful bidder in writing by registered letter/fax/email or by hand-delivery, that their bid has been accepted. The bidder/s shall acknowledge in writing receipt of the notification of acceptance and has to convey their absolute and unconditional acceptance and thereafter enter into Agreement / Contract within 1 (one) month from the date of acceptance/LOI. Stamp Duty / Incidental charges for signing of Agreement and / or Bank Guarantee, if any, will be borne by the Successful Bidder.

b) Signing of Contract

The notification of the acceptance shall be followed by signing of the Contract as per the format provided in RFP (Form -8). However, IDBI Bank may negotiate certain terms with successful Bidder before signing of the Contract. The Bidder should sign the Agreement which will amount to award of contract and the Bidder will initiate the execution of the work as specified in the Contract. The signing of contract shall be completed within 1 (one) month of receipt of notification of the acceptance of bid / receipt of LOI.

29. Discharge of Bid Security (EMD)

Upon the successful Bidder signing the Contract/Agreement, IDBI Bank shall promptly request the Bidder/s to provide performance guarantee. EMD of successful Bidder shall be discharged on the Successful Bidder signing the Contract/Agreement and upon furnishing the Performance Guarantee. The Bid Security (EMD) to unsuccessful bidders shall be discharged as specified earlier

30. Performance Guarantee

i.Within 1 month of receipt of acceptance of bid by IDBI Bank, the successful Bidder shall furnish the Performance Bank Guarantee as per the format provided in Guarantee for

Performance of Contract (Form-7).

ii.The value of the Performance Bank Guarantee will be 10% of the contract value. It should be obtained from a scheduled commercial bank and couriered directly by the issuing Bank to IDBI Bank at the specified address.

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iii.The proceeds of the Performance Guarantee shall be payable to IDBI Bank as compensation for any loss or damage resulting from the Bidder’s failure to supply, install and / or maintain the UPS Systems within the stipulated time as per the purchase order/s and in accordance with the Contract.

iv.The Performance Bank Guarantee should be valid for a period of 6 years from the last date of submission of bid.

v.Failure of the successful Bidder to comply with the requirement of the Performance Bank Guarantee shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security, in which event IDBI Bank will be free to award the Contract to the next best evaluated bidder or call for new bids. Any decision in this regard by IDBI Bank shall be final, conclusive and binding on the Bidder.

vi.The Performance Guarantee will be discharged by IDBI Bank and returned to the Vendor within 90 (Ninety) days from the expiry of the validity period of the performance bank guarantee.

31.Expenses for the Contract

The incidental expenses of execution of Agreement / Contract including cost of stamp papers / franking shall be borne by the successful Bidder.

32. Failure to abide by the Agreement / Contract

The conditions stipulated in the Agreement/Contract shall be strictly adhered to and any breach / violation thereof will entail termination of the Contract without prejudice to the other rights of IDBI including penalties as specified in this RFP or Agreement / Contract.

33.Annulment of Award /Failure of the successful Bidder to comply with the requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the Bid Security, in which event IDBI Bank may at its sole discretion, make the award to the next best evaluated bidder or call for new bids.

34.Definitions

In the Contract, the following terms shall have the following meanings and shall be interpreted accordingly:

a)"The Contract" means the agreement to be entered into between IDBI Bank Ltd. and the Bidder as recorded in the contract form duly signed by the Parties, including all annexure, schedules, exhibits, supplements, appendices, amendments, revisions, notations and modifications thereof for supplying specified no. of UPS Systems (subject to variation), with the specifications contained in the RFP, to be installed at various locations of IDBI Bank with

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36-months comprehensive onsite warranty on UPS, 24-months on Batteries and comprehensive 36-months post-warranty AMC (on UPS) from the date of installation of the respective UPS System. The specifications of the UPS Systems and batteries are as described under Section 6:Technical Specifications of UPS systems & batteries.

b)“Bidder" or "Contractor” or "Vendor" means any person / persons / firm / company, etc., to whom work has been awarded and whose bid/s has been accepted by IDBI Bank and shall include its authorized representatives and successors.

c)"IDBI Bank " or “Purchaser” means IDBI Bank Limited including its successors and

assigns.

d)"The Contract Price" means the price/compensation payable to the Vendor/Bidder under and in accordance with the Contract for the due performance and observance of its contractual obligations under and in accordance with the Contract.

e)"Service(s)" means and includes all activities towards Supply, Installation and Comprehensive Maintenance of the UPS Systems for a period of 3 years from the date of installation, which the Vendor/ Bidder is required to provide to the Purchaser/IDBI Bank under and in accordance with the Contract.

f)In case of a difference of opinion on the part of the bidder in comprehending and /or interpreting any clause / provision of the Bid Documents after submission of the bid, the interpretation by Purchaser/IDBI Bank and decision of Purchaser/IDBI Bank in this behalf shall be final, conclusive and binding on the bidder.

g)“Acceptance of bid” means the letter/fax or any memorandum communicating to the Bidder the acceptance of his bid.

h)“Business Day” means any day that is not a Sunday or a public holiday (as per the official holidays observed by IDBI Bank).

i)“Document” means any embodiment of any text or image howsoever recorded and includes any data, text, images, graphs, sound, voice, codes, computer programmes, software and / or databases or microfilm or computer generated microfiche or similar device.

j)“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.

k)“Intellectual Property Rights (IPR)” 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

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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.

l)“Parties” means the Purchaser/IDBI Bank and the Bidder/Vendor and “Party” means either of the Parties.

m)“Location” means the place in which the Services are to be carried out or places approved by the Purchaser for the purposes of the Contract together with any other places designated in the Contract as forming part of the Location.

n)"Supply" means and essentially contains the actual delivery of UPS Systems at different locations of the purchaser / IDBI Bank as per the respective Purchase Orders issued from time to time.

o)“Services” means and includes the scope of work and service level requirements envisaged in the RFP.

35. Interpretation

In this Contract unless a contrary intention is evident:

a)the clause headings are for convenient reference(s) only and do not form part of this Contract;

b)unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses;

c)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;

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

e)a word importing a gender includes any other gender;

f)a reference to a person includes a partnership and a body corporate;

g)a reference to legislation includes legislation repealing, replacing or amending that legislation;

h)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;

i)Reasonability and materiality of "doubt" and "controversy" shall be at the discretion of IDBI Bank.

j)The words not expressly defined herein shall have meanings ascribed to them in the General Clauses Act, 1897.

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36. Conditions Precedent

a)The Contract is subject to the fulfillment of the following conditions precedent by the Bidder.

i.Furnishing of an unconditional and irrevocable Performance Bank Guarantee (Performance Security) as mentioned in Section 5 (A) of Instructions to Bidders as per the format given in

Guarantee for Performance of Contract (Form-7).

ii.Execution of a Deed of Indemnity as per format given in Proforma for Deed of Indemnity (Form

-5).

iii.Obtaining of all statutory, regulatory and other permissions, approvals, consents and no- objections required under applicable laws for the supply and performance of the service(s) under and in accordance with the Contract.

iv.Furnishing solvency certificate and certificate confirming that there are no vigilance or court cases threatened or pending against the Bidder.

v.Furnishing of such other documents as IDBI Bank / Purchaser may specify, including but not limited to definitive documents.

vi.Execution of a Non-Disclosure Agreement as per format given in Non-Disclosure Agreement Form (Form-2).

37. Standard of Performance

The Vendor shall supply and perform the service(s) and carry out its obligations under the Contract with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in industry and with professional engineering standards recognized by the international professional bodies. . The Vendor shall safeguard IDBI Bank’s interests in any dealing with third parties.

Use of Contract Documents & Information

a)The Vendor shall treat all documents, information, data and communication of and with IDBI Bank / Purchaser as privileged and confidential. The Vendor shall not, without Purchaser's prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, sample or information furnished by or on behalf of Purchaser/IDBI Bank in connection therewith, to any person other than a person employed by the Vendor in the performance of the Contract. Disclosure to any such employed person shall be made in utmost confidence and shall extend only so far as may be necessary and relevant for purpose of such performance.

b)The Vendor shall not, without Purchaser's/IDBI Bank 's prior written consent, make use of any document, data or information etc., enumerated in this Bid Document save and except for due performance and observance of the Contract.

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c)Any document, other than the Contract itself, enumerated in this Bid Document shall remain the property of Purchaser/IDBI Bank and shall be returned (in all copies) to Vendor on completion of the Vendor's performance under and in accordance with the Contract, if so required by Purchaser/IDBI Bank.

38. Intellectual Property Rights and Patent Rights

a)The Vendor shall ensure that while it uses any software, hardware, processes or material in the course of performing the service(s), it does not infringe the Intellectual Property Rights of any person and the Vendor shall keep the Purchaser/IDBI Bank, its directors, employees, agents and representatives indemnified against all costs, charges, expenses, liabilities, claims, damages, suits, litigations, judgments and/or otherwise howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the Vendor or any sub-Bidder during the course of performance of the service(s).

39. Indemnity

The Vendor shall execute and furnish to the Purchaser, a deed of indemnity in favour of the Purchaser/IDBI Bank in a form and manner, as given in Proforma for Deed of Indemnity (Form No. 5), indemnifying the Purchaser/IDBI Bank, its directors, employees, agents and representatives from and against any costs, loss, damages, expense, claims, litigations, suits, actions, judgments, and or otherwise including but not limited to those from customers and third parties or liabilities of any kind howsoever suffered, arising out of or incurred inter-alia during and after the Contract period including but not limited to third-party claims due to infringement of patent, trademark, Intellectual Property Rights, copy-rights or industrial drawings and designs arising from use of the services or any part thereof and/or otherwise.

40. Inspection and Quality Control Tests

IDBI Bank reserves the right to inspect the manufacturing / assembling plant of the UPS supplier to ascertain the facts and obtain specific reports as may be required to verify the product. The supplier is obliged to make necessary arrangements for travel, stay and inspection for IDBI Bank officials/ any agency specified by the Bank to facilitate the inspection as required.

Purchaser's right to inspect, test and where necessary, reject the goods after their arrival at the destination shall in no way be limited or waived by reason of the goods having previously been inspected, tested, and passed by Purchaser or its representative prior to the goods’ shipment from the place of origin.

Nothing stated herein above shall in any way release or discharge the Bidder from any warranty or other obligations / liabilities under and in accordance with this Contract.

41. Contract Amendments

No variation in or modification of the terms of the Contract shall be made except by written mutual consent signed by both the Parties i.e. the Vendor and IDBI Bank.

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42. Delay in the Vendor’s Performance

a)Performance of the Contract shall be made by the Vendor in accordance with the time schedule specified by IDBI Bank.

b)A delay by the Vendor in the performance of its Contract obligations shall render the Vendor liable to any or all the following sanctions :

i.Forfeiture of its performance guarantee

ii.Imposition of liquidated damages, and/or

iii.Termination of the Contract for default

c)If at any time during performance of the Contract, the Vendor encounters conditions impeding timely Supply & completion of the Service(s) under the Contract, the Vendor shall promptly notify IDBI Bank in writing of the fact of the delay, its likely duration and its causes. As far as practicable after receipt of the Vendor’s notice, IDBI Bank shall evaluate the situation and may at its discretion extend the Vendor’s time for performance, in which case the extension shall be ratified by the Parties by amendment of the Contract.

43.Quality Check and Acceptance Certificate

a)IDBI Bank reserves the right to evolve a procedure of Quality Checking to ensure that the supplied UPS Systems confirms to the prescribed specifications and the intended purpose.

b)The acceptance criteria shall be defined, through mutual agreement between IDBI Bank & the Vendor, at the time of finalization of Contract/Agreement.

c)Nothing stated herein above shall in any way release or discharge the Vendor from any warranty or other obligations/liabilities under & in accordance with the Contract/Agreement.

d)On successfully meeting of the acceptance criteria, receipt of deliverables, etc, and after IDBI Bank /Purchaser (which shall not be deemed to be an obligation on the Purchaser) is satisfied with the implementation of the Assignment, the Acceptance Certificate will be issued by IDBI Bank /Purchaser. The date on which such certificate is signed shall be deemed to be the date of successful completion of the Assignment.

44. Payment Terms

a) Supply / Installation Stage

 

1

Performance Guarantee Amount

10% of the contract value.

 

 

 

 

 

 

 

 

2

Required period of validity of the

6 years from the last date of submission of the bids

 

 

performance guarantee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Period

within

which

the

within 90 (Ninety) days from the expiry of the validity

 

 

3

purchaser

will

return

the

 

 

period of the performance bank guarantee.

 

 

 

 

performance guarantee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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RFP For Procurement of UPS Systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Period

within which

services

Within 4 (Four) weeks of issue of Purchase Order/s for

 

under

the contract

are

to be

4

supply and installation of UPS Systems as per

completed / commissioned from

 

respective Purchase Orders.

 

the date of signing of the contract

 

 

 

 

 

 

 

 

 

100% contract amount on submission of original

5

Payment terms

 

 

invoice along with installation report & test certificate

 

 

duly signed & stamped from respective location to the

 

 

 

 

 

 

 

 

 

 

satisfaction of IDBI Bank.

b)Maintenance / Support Stage :

i.The Vendor’s request(s) for payment shall be made to IDBI Bank in writing (Invoice) accompanied by installation report & test certificate duly signed and stamped by IDBI Bank's representative at respective location.

ii.All the payments to the Vendor shall be subject to the report of satisfactory accomplishment of the concerned task, to be certified by the respective location head where the UPS System is installed.

iii.Penalties, if any, on account of liquidated damages and non-compliance of SLA (Service Level Agreement), shall be deducted from the invoice value.

45.Liquidated Damages

a)If the Vendor fails to Supply, Install or Maintain any or all of the UPS Systems as per the purchase order, within the time period(s) specified in the Contract/Purchase Order, IDBI Bank shall, without prejudice to its other rights and remedies under and in accordance with the Contract/Agreement, deduct from the Contract price, as liquidated damages, a sum equivalent to 1% per week or part thereof of Contract price subject to maximum deduction of 5% of the order value of the Supply and installation of the particular UPS System and delayed / unperformed Service(s). In case of undue delay beyond a period of 15 days unless otherwise waived by IDBI Bank / Purchaser, Purchaser may consider cancellation of the order (with immediate intimation) / termination of the Contract with a 30 day prior intimation.

b)If the Vendor fails to supply & install the entire quantity of UPS Systems as per the Purchase Order/s before the scheduled completion date or the extended date or if the Vendor repudiates to Supply, Install or Maintain the UPS Systems within the time scheduled as per the Contract / Purchase Order, IDBI Bank may without prejudice to any other right or remedy available to IDBI Bank as under the Contract, recover from the Vendor, as ascertained and agreed liquidated damages.

c)IDBI Bank 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 Vendor in its hands

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(which includes IDBI Bank's right to claim such amount against Vendor's Bank Guarantee) or which may become due to the Vendor. Any such recovery or liquidated damages shall not in any way relieve the Vendor from any of its obligations to continue the Service/s or from any other obligations and liabilities under the Contract/Agreement.

46. Force Majeure

a)Notwithstanding the provisions of this RFP the Vendor shall not be liable for forfeiture of its Performance Bank Guarantee, liquidated damages or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract/Agreement is the result of an event of Force Majeure.

b)For purpose of this Clause “Force Majeure” means war or revolution, terrorist act, fire, flood, earthquake, epidemic, quarantine restriction and freight embargoes.

c)If a Force Majeure situation arises, the Vendor shall promptly notify IDBI Bank in writing of such conditions and the cause thereof. Unless otherwise directed by IDBI Bank in writing, the Vendor shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. IDBI Bank may terminate the Contract/Agreement, by giving a written notice of minimum 30 days to the Vendor, if as a result of Force Majeure the Vendor is unable to perform a material portion of the Service(s) for a period of more than 60 days.

47. Resolution of Disputes

The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the Contract/Agreement in the following manner:

a.The Party raising a dispute shall address to the other Party a notice requesting an amicable settlement of the dispute within seven (7) days of receipt of the notice.

b.The matter will be referred for negotiation between IDBI Bank Official and the nominated representative of the Vendor. The matter shall then be resolved by them and the agreed course of action documented within a further period of 15 days.

The Parties agree that any dispute between the Parties, which cannot be settled by negotiation in the manner, described above, may be resolved exclusively by arbitration and such dispute may be submitted by either party to arbitration within 20 days of the failure of negotiations. Arbitration shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. Each Party to the dispute shall appoint 1 arbitrator each and the two arbitrators shall jointly appoint the third or the presiding arbitrator. The arbitration proceedings shall be conducted in the English language. Subject to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of all matters connected with the Contract/Agreement even though other Courts in India may also have similar

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jurisdictions. The arbitration award shall be final, conclusive and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides.

The Vendor shall not be entitled to suspend the Service/s or the completion of the job, pending resolution of any disputes between the Parties and shall continue to render the Service/s in accordance with the provisions of the Contract/Agreement notwithstanding the existence of any dispute between the Parties or the subsistence of any arbitration or other proceedings.

The provision under this section survives the Contract/Agreement.

48. Implementation

The successful Vendor shall Supply & Install the UPS Systems as per the Purchase Order/s within the agreed time frame starting from the date of award of Contract/Agreement. Time is the essence of this Contract / Agreement.

49. ‘NO CLAIM’ Certificate

The Vendor shall not be entitled to make any claim, whatsoever, against IDBI Bank, under or by virtue of or arising out of, the Contract/Agreement, nor shall IDBI Bank entertain or consider any such claim, if made by the Vendor after he has signed a ‘No Claim’ Certificate in favour of IDBI Bank in such forms as shall be required by IDBI Bank after the works are finally accepted.

50. Survival

a)Any provision of the Contract/Agreement which, either expressly or by implication, survive the termination or expiration of the Contract/Agreement, shall be complied with by the Parties including that of the provisions of indemnity, confidentiality, non-disclosure in the same manner as if the present Contract/Agreement is valid and in force and effect.

b)The provisions of the clauses of the Contract/Agreement in relation to Documents, data, processes, property, Intellectual Property Rights, indemnity, publicity and confidentiality and ownership survive the expiry or termination of the Contract/Agreement and in relation to confidentiality, the obligations continue to apply unless IDBI Bank / Purchaser notifies the Vendor of its release from those obligations.

51. No Agency

The Service(s) of the Vendor herein shall not be construed as any agency of IDBI/ Purchaser and there shall be no principal agency relationship between IDBI Bank and the Vendor in this regard.

52. No Set-off, counter-claim and cross claims

In case the Vendor has any other business relationship with IDBI Bank / Purchaser, no right of set-

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off, counter-claim and cross-claim and or otherwise will be available under this Contract/Agreement to the Vendor for any payments receivable under and in accordance with that business.

53. Commencement and Progress

The Vendor/ Bidder shall proceed to carry out the Service(s) with diligence and care in accordance with any stipulation as to the time, manner, mode, and method of execution contained in the Contract/Agreement and shall meet the standards of good industry practice.

54.Reporting Progress:

a)The Vendor shall monitor progress of all the activities specified in the program of works and submit, free of cost, daily progress reports about various aspects of the works/ service(s) to IDBI Bank. Both Parties may change the periodicity of such reports on mutual agreement.

b)If at any time it appears to IDBI Bank that the actual progress of work does not conform to the approved programme, the Vendor shall produce at the request of IDBI Bank a revised programme showing the modification to the approved programme necessary to ensure completion of the works within the time for completion.

c)The submission for approval by IDBI Bank of such revised programme shall not relieve the Vendor of any of his duties, obligations or responsibilities under the Contract/Agreement.

55.Statutory Requirements

The Contract/Agreement will be executed by abiding laws and the directive, instructions, guidelines issued by the Regulators and competent authority from time to time. During the tenure of the Contract/Agreement nothing shall be done by the Vendor/Bidder in contravention of any law, act and/ or rules/regulations, there under or any amendment thereof governing inter-alia customs, foreign exchange, etc., and shall keep IDBI Bank, its directors, officers, employees, representatives, agents and consultants indemnified in this regard.

56.Contract Prices

Prices payable to the Bidder as stated in the Contract/Agreement shall be firm and not subject to adjustment during performance of the Contract/Agreement, irrespective of reasons whatsoever, including exchange rate fluctuations, changes in taxes, duties, levies, charges, etc. of the product in whole or its components.

57.Representations and Warranties

a)In order to induce IDBI Bank to enter into the Contract/Agreement, the Vendor hereby represents and warrants as of the date hereof, which representations and warranties shall survive the term and termination hereof, the following:

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i. That the Bidder is a company1 which has the requisite qualifications, skills, experience and expertise in providing Service(s) contemplated hereunder to third parties, the technical know-how and the financial wherewithal, the power and the authority to enter into the Contract / Agreement and provide the Service(s) sought by IDBI Bank.

ii. That the Vendor is not involved in any major litigation, potential, threatened and existing, that may have an impact of affecting or compromising the performance and delivery of Service(s) under the Contract/Agreement.

iii. That the representations made by the Vendor in its bid are and shall continue to remain true and fulfill all the requirements as are necessary for executing the duties, obligations and responsibilities as laid down in the Contract/Agreement and the Bid Documents and unless IDBI/ Bank Purchaser specifies to the contrary, the Vendor shall be bound by all the terms of the bid.

iv. That the Vendor has the professional skills, personnel and resources/authorizations that are necessary for providing all such Services as are necessary to perform its obligations under the bid and this Contract/Agreement.

v. That the Vendor shall ensure that all assets including but not limited to software’s, licenses, Databases, documents, etc. developed, procured, deployed and created during the term of the Contract/Agreement are duly maintained and suitably updated, upgraded, replaced with regard to contemporary and statutory requirements.

vi. That the Vendor shall use such assets of IDBI Bank as the Purchaser may permit for the sole purpose of execution of its obligations under the terms of the bid, Tender or the Contract/Agreement. The Bidder 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 Vendor shall procure all the necessary permissions and adequate approvals and licenses for use of various software and any copyrighted process/product free from all claims, titles, interests and liens thereon and shall keep IDBI Bank, its directors, officers, employees, representatives, consultants and agents indemnified in relation thereto.

viii. That all the representations and warranties as have been made by the Vendor with respect to its bid and Contract / Agreement, are true and correct, and shall continue to remain true and correct through the term of the Contract.

ix. That the execution of the Service(s) herein is and shall be in accordance and in compliance with all applicable laws.

1 Applicable only in case bidder is a company within the meaning of Companies Act, 1956.

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x.That there are – (a) no legal proceedings pending or threatened against Vendor or any sub third party or its team which adversely affect/may affect performance under this Contract/Agreement; and (b) no inquiries or investigations have been threatened, commenced or pending against the Vendor/or its team members by any statutory or regulatory or investigative agencies.

xi.That the Bidder has the corporate power to execute, deliver and perform the terms and provisions of the Contract/Agreement and has taken all necessary corporate action to authorize the execution, delivery and performance by it of the Contract/Agreement.

xii.That all conditions precedent under the Contract/Agreement has been complied.

xiii.That neither the execution and delivery by the Vendor of the Contract/Agreement nor the Vendor's compliance with or performance of the terms and provisions of the Contract/Agreement (i) will contravene any provision of any applicable law or any order, writ, injunction or decree of any court or governmental authority binding on the Vendor or (ii) 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 agreement, contract or instrument to which the Vendor is a party or by which it or any of its property or assets is bound or to which it may be subject or (iii) will violate any provision of the Memorandum and Articles of Association of the Vendor.

xiv.That the Vendor certifies that all registrations, recordings, filings and notarizations of the Contract/Agreement 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 Vendor which is necessary to ensure the legality, validity, enforceability or admissibility in evidence of the Contract/Agreement have been made.

xv.That the Vendor confirms that there has not and shall not occur any execution, amendment or modification of any agreement/contract without the prior written consent of IDBI Bank / Purchaser, which may directly or indirectly have a bearing on the Contract/Agreement or Service(s).

xvi.That the Vendor 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 Intellectual Property Rights, which are required or desirable for the Service(s) and the Vendor does not, in carrying on its business and operations, infringe any Intellectual Property Rights of any person. None of the Intellectual Property or Intellectual Property Rights owned or enjoyed by the Vendor or which the Vendor is licensed to use, which are material in the context of the Vendor's business and operations are being infringed nor, so far as the Vendor is aware, is there any infringement or threatened infringement of those Intellectual Property or Intellectual Property Rights licensed or provided to the Vendor by any person. All Intellectual Property Rights (owned by the Vendor or which the Bidder is licensed to use) are valid and subsisting.

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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 IDBI Bank /Purchaser, its directors, officers, employees, agents, representatives and consultants indemnified in relation thereto.

58. Confidentiality

The Parties agree that they shall hold in trust any Information received by either Party, under the Contract/Agreement, and the strictest of confidence shall be maintained in respect of such Information. The Parties also agree:

i.to maintain and use the Information only for the purposes of the Contract/Agreement and only as permitted herein;

ii.to only make copies as specifically authorized by the prior written consent of the other party and with the same confidential or proprietary notices as may be printed or displayed on the original;

iii.to restrict access and disclosure of Information to such of their employees, agents, strictly on a "need to know" basis, to maintain confidentiality of the Information disclosed to them in accordance with this Clause and

iv.to treat all Information as Confidential Information.

Confidential Information does not include information which:

i.the recipient knew or had in its possession, prior to disclosure, without limitation on its confidentiality;

ii.is independently developed by the recipient without breach of the Contract/Agreement ;

iii.information in the public domain as a matter of law;

iv.is received from a third party not subject to the obligation of confidentiality with respect to such information;

v.is released from confidentiality with the written consent of the other Party.

The recipient shall have the burden of proving that Clauses (i) or (ii) above are applicable to the information in the possession of the recipient.

Notwithstanding the foregoing, the Parties acknowledge that the nature of the Service(s) to be performed under this Contract/Agreement may require the Vendor's personnel to be present on premises of IDBI Bank or may require the Vendor's personnel to have access to computer networks of IDBI while on or off premises of IDBI Bank. It is understood that it would be impractical for IDBI Bank to monitor all information made available to the Vendor under such circumstances and to

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provide notice to the Vendor of the confidentiality of all such information. Therefore, the Vendor agrees that any technical or business or other information of the Vendor/ Purchaser that the Vendor's personnel, or agents acquire while on the IDBI Bank 's premises, or through access to IDBI's computer systems or databases while on or off IDBI Bank 's premises, shall be deemed Confidential Information. Confidential Information shall at all times remain the sole and exclusive property of the disclosing Party. Upon termination of the Contract/Agreement, Confidential Information shall be returned to the disclosing Party or destroyed, if incapable of return. The destruction shall be witnessed and so recorded, in writing, by an authorized representative of each of the Parties. Nothing contained herein shall in any manner impair rights of IDBI Bank / Purchaser in respect of the Service(s), and Documents, etc.

In the event that any of the Parties hereto becomes legally compelled to disclose any Confidential Information, such Party shall give sufficient notice to the other Party to enable the other Party to prevent or minimize to the extent possible, such disclosure. Neither party shall disclose to a third party any Confidential Information or the contents of the Contract/Agreement without the prior written consent of the other Party. The obligations of this Clause shall be satisfied by handling Confidential Information with the same degree of care, which the receiving Party applies to its own similar confidential information but in no event less than reasonable care. The obligations of this Clause shall survive the expiration, cancellation or termination of this Contract/Agreement. The provision of this clause shall survive termination of the Contract/Agreement till such Confidential Information enters public domain.

59. Termination

a)IDBI Bank may terminate the Contract/Agreement by giving the Vendor a prior and written 30 days notice indicating its intention to terminate the Contract/Agreement under the following circumstances:

i.Where it comes to IDBI Bank 's attention that the Vendor is in a position of actual conflict of interest with the interests of IDBI Bank, in relation to any of terms of the bid or the Contract/Agreement.

ii.Where the Vendor'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 Vendor, any failure by the Vendor to pay any of its dues to its creditors, the institution of any winding up proceedings against the Vendor or the happening of any such events that are adverse to the financial viability of the Vendor.

iii.In the event of the happening of any events of the above nature, IDBI Bank shall reserve the right to take any steps as are necessary, to ensure the effective transition of the Service(s) to the next successor Bidder, and to ensure business continuity.

b)Termination for Insolvency: IDBI Bank may at any time terminate the Contract/ Agreement by giving a written notice to the Vendor, without compensation to the Vendor, if the Vendor becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or

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affect any right of action or remedy which has accrued or will accrue thereafter to IDBI Bank.

c)Termination for Default: IDBI Bank, without prejudice to any other right or remedy for breach of Contract may terminate in whole or in part, the Contract/Agreement by giving a written notice of default to the Vendor.

60. Consequences of Termination

a)In the event of termination of the Contract/Agreement due to any cause whatsoever, [whether consequent to the stipulated term of the Contract/Agreement or otherwise], IDBI Bank 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 Service(s) which the Vendor shall be obliged to comply with and take all available steps to minimize loss resulting from that termination/breach, and further allow the next successor Vendor to takeover the obligations of the erstwhile Vendor in relation to the execution/continued execution of the scope of the Contract/Agreement.

b)In the event that the termination of the Contract/Agreement is due to the expiry of the term of the Contract/Agreement, a decision not to grant any (further) extension by IDBI Bank, the Vendor herein shall be obliged to provide all such assistance to the next successor Bidder or any other person as may be required and as IDBI Bank may specify including training, where the successor(s) is a representative/personnel of IDBI Bank to enable the successor to adequately provide the Service(s) hereunder, even where such assistance is required to be rendered for a reasonable period that may extend beyond the term/earlier termination hereof.

c)Where the termination of the Contract/Agreement is prior to its stipulated term on account of a default on the part of the Vendor or due to the fact that the survival of the Vendor as an independent corporate entity is threatened/has ceased, IDBI Bank shall pay the Vendor for that part of the Service(s) which have been authorized by IDBI Bank and satisfactorily performed by the Vendor up to the date of termination, without prejudice to any other rights, IDBI Bank may retain such amounts from the payment due and payable by IDBI Bank to the Vendor as may be required to offset any losses caused to IDBI Bank as a result of any act/omissions of the Vendor/ Bidder. In case of any loss or damage due to default on the part of the Vendor in performing any of its obligations with regard to executing the Service(s) under the Contract/Agreement the Vendor shall compensate IDBI Bank for any such loss, damages or other costs, incurred by IDBI Bank. Additionally, the sub Vendor / other members of its team shall continue to perform all its obligations and responsibilities under the Contract/Agreement in an identical manner as were being performed hitherto before 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 IDBI Bank and as may be proper and necessary to execute the service(s) under the Contract/Agreement in terms of the Vendor's bid and the Contract/Agreement. IDBI Bank retains the right to forfeit the Performance Guarantee in case of Termination of the Contract on account of default by the Vendor.

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d)Nothing herein shall restrict the right of IDBI Bank to invoke the Performance Bank Guarantee and other guarantees, securities furnished, enforce the Deed of Indemnity and pursue such other rights and/or remedies that may be available to IDBI Bank under law or otherwise.

e)The termination hereof shall not affect any accrued right or liability of either Party nor affect the operation of the provisions of the Contract/Agreement that are expressly or by implication intended to come into or continue in force on or after such termination.

f)Termination survives the Contract/Agreement.

g)Conflict of interest: The Vendor shall disclose to IDBI Bank in writing, all actual and potential conflicts of interest that exist, arise or may arise (either for the Vendor or the Bidder’s team) in the course of performing the Service(s) as soon as practical after it becomes aware of that conflict.

h)Publicity: The Vendor shall not make or permit to be made a public announcement or media release about any aspect of the Contract/Agreement unless IDBI Bank first gives the Vendor its prior written consent.

61. Relationship between the Parties:

a)Nothing in the Contract/Agreement constitutes any fiduciary relationship between IDBI Bank and Vendor’s Team or any relationship of employer - employee, principal and agent, or partnership, between IDBI Bank and Vendor.

b)No Party has any authority to bind the other Party in any manner whatsoever except as agreed under the terms of the Contract/Agreement.

c)IDBI Bank / Purchaser has no obligations to the Vendor's team except as agreed under the terms of the Contract/Agreement.

62. No Assignment of the Contract/Agreement

The Contract/Agreement cannot be transferred or assigned by the Vendor without the prior written approval of IDBI Bank.

63. Entire Contract

The terms and conditions laid down in the bid and all annexures thereto shall be read in consonance with and form an integral part of the Contract/Agreement. This Contract supersedes any prior Contract, understanding or representation of the Parties on the subject matter.

64. Governing Law

The Contract/Agreement shall be signed in Mumbai and the necessary stamp duty towards the same shall be borne by the Vendor. The Agreement shall be governed in accordance with the laws of Republic of India. These provisions shall survive the Contract/Agreement.

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65. Jurisdiction of Courts

The Courts of India at Mumbai have exclusive jurisdiction to determine any proceeding in relation to the Contract/Agreement even though other Courts in India may also have similar jurisdictions. These provisions shall survive the Contract/Agreement.

66. Suspension of Payment to the Vendor

IDBI Bank may by a written notice of suspension, suspend all payments to the Vendor under the Contract/Agreement, if the Vendor fails to perform any of its obligations under the Contract/ Agreement, (including the carrying out of the service(s)) provided that such notice of suspension:

i.Shall specify the nature of the failure and

ii.Shall request the Vendor to remedy such failure within a specified period from the date of issue of such notice of suspension.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 6: TECHNICAL SPECIFICATIONS OF UPS SYSTEMS & BATTERIES

3/ 5 / 10 / 15 / 20 / 30 / 40 / 60 / 80 / 120 KVA

General Specifications :

The production line/unit/factory of the brand of UPS System being quoted should be ISO 9001:2008 and 14001 certified and the CE Certificate of the product offered with Model number mentioned on it has to be submitted.

1.Microprocessor controlled, double conversion, true on-line with galvanic isolation for input and bypass system.

The UPS systems will have Galvanic Isolation at the input and at the bypass. The transformer may be inbuilt or external. Galvanic Isolation at the output is not essential.

2.PWM technology with IGBT, 6/12 pulse rectifier.

3.Compact design.

4.Floor mounted.

5.SNMP interface & web enabled monitoring software. (Optional:To be quoted separately along with UPS)

6.Generator compatibility for operation on generator set.

7.

Operating ambient temperature

: 40 deg C

8.

The maximum length of cable between UPS and battery bank may be upto 10 meters. Bidder has

to quote per mtr. Rate for cable length more than 10 meters. 9.Only copper wires and cables to be used.

10. Input and output cables of 5 meter each to be provided by the vendor with the UPS system.

INPUT Specifications:-

 

1.

Input voltage

(For 3 KVA)

230 Volt, Single-phase input and Single phase output (1:1)

 

 

 

 

 

3-wires

 

 

 

 

 

 

 

 

 

 

Input voltage

(For 5KVA,

415 Volt, 3-Phase input and single phase output (3:1) , 4-

 

 

 

10 KVA & 20KVA)

wires

 

 

 

 

 

Input voltage

(For >

415 Volt, 3-Phase input and 3-phase output (3:3) , 4-wires

 

 

 

20KVA)

 

 

 

 

 

 

2.

Input Voltage tolerance

for full load

: (-20%, +15%)

 

 

 

 

for 80% load

: (-30%, +15%)

 

 

 

 

for 60% load

: (-40%, +15%)

 

3.

Input Frequency

50 Hz

 

 

 

 

4.

Input frequency tolerance

+/-8% (46-54 Hz)

 

 

 

5.

Input power factor

> 0.96 at full load and > 0.94 at 50% load

 

6.

Input Current

 

depending upon the KVA capacity/load

 

 

7.

Input circuit harmonic

< 3% for linear load

< 5% for nonlinear load

 

 

 

distortion

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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I D B I Bank Ltd.

 

RFP For Procurement of UPS Systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OUTPUT Specifications:-

 

 

 

 

 

 

 

 

1.

 

Output Ratings

 

3/ 5 / 10 / 15 / 20 / 30 / 40 / 60 / 80 / 120

 

 

 

 

 

 

KVA

 

 

 

 

 

 

2.

 

Output Power Factor at nominal voltage

0.8 to 1 lagging

 

 

 

 

3..

 

Output voltage

 

230(SP) / 415 (TP) Volt, 4-wires

 

4.

 

Output Voltage variation

+ / -2 %

 

 

 

 

5.

 

Output Frequency

50 Hz.

 

 

 

 

6.

 

Output Frequency tolerance

+ / -2 %

 

 

 

 

7.

 

Output Waveform

< +/-

2 % with linear load

 

 

 

8.

 

Output Distortion

 

< +/-

3% with non-linear load

 

9.

 

Built-in Galvanic Isolation at the output

 

 

 

 

 

 

 

 

 

and bypass

 

 

 

 

 

 

 

 

10.

 

Charger

 

Built-in, solid-state charger with

 

 

 

 

 

 

appropriate ratings to charge 1-3 hour

 

 

 

 

 

 

battery backup.

 

 

 

 

11.

 

Maximum Battery Charger Current

10 A – 30 A

 

 

 

 

 

 

(Standard)

 

 

 

 

 

 

 

 

12.

 

Battery Charger Ripple

Ripple free charging

 

 

 

 

13.

 

DC bus voltage ripple

< 1 RMS

 

 

 

 

 

 

 

 

 

 

 

 

14.

 

Overload capacity

110% for 60 minutes

 

 

 

 

 

 

 

 

 

125% for 10 minutes

 

 

 

 

 

 

 

 

 

150% for one minute

 

 

 

 

15.

 

Overload trip

 

10 minute at 125%

 

 

 

 

 

 

 

 

 

One minute at 150%

 

 

 

 

16.

 

Overall efficiency

 

92% at 100% load, 90% at 50% load

 

17.

 

Output N-E voltage

<= 1.0 Volt

 

 

 

 

18.

 

Transient Response

100% load change : < + / -5 %

 

Automatic

transfer of load from UPS to bypass

 

 

 

 

 

 

 

19.

 

Transient recovery time after load change

< 50 m Sec

 

 

 

 

20.

 

Phase voltage asymmetry

Balanced load

: 1 %

 

 

 

 

 

 

 

 

100% unbalanced load

: 2 %

 

 

21.

 

Crest factor

 

3:1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Controls :

1.Charger input MCCB

2.Battery circuit breaker (mounted separately in its own enclosure)

3.Inverter output MCCB

4.Bypass line Isolator

5.Maintenance by-pass isolator with line fuse

6.Alarm acknowledge / reset button

7.Inverter On-Off push button for manually switching off the inverter

8.Emergency off push button

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Display : Digital Display Only

1.AC input/ Bypass/ Inverter indications

2.Battery operation/ shutdown indication

3.Load / overload indication

4.Fault indications

5.Mains Failure/ low battery audible alarms

6.Output Voltage, current and frequency indication

7.Battery voltage, Charging / Discharging Current

8.Maintenance bypass ON

9.Low battery

10.DC over voltage

Protections :

1.Input Over voltage/under voltage

2.Surge protection.

3.Input Frequency variation protection

3.Output short circuit protection & Over-temperature protection

4.Low battery shutdown

5.Battery current limit

6.Manual as well as static bypass (both)

7.DC overvoltage

8.Phase loss on input side

9.Negative sequence on input side

10.HRC fuses in the control circuit

11.Charger input current limit

Battery Specifications :

 

1.

Battery type

Sealed Maintenance Free, valve regulated. Only valve Regulated

 

 

 

 

Lead Acid (VRLA) type SMF batteries greater than 20 AH rated

 

 

 

capacity with electrolyte in absorbed form are acceptable. Any

 

 

 

other type including calcium batteries are not acceptable.

 

 

 

2.

Battery make

Panasonic / Amararaja / Exide

 

 

 

3.

Back up time

3 Hours for 3 KVA, 1 Hour for 5 KVA UPSs and ½ (half) hour for

 

 

 

other capacities at full load.

 

 

 

4.

Minimum VAH rating

3 KVA – 11520; 5 KVA – 7500; 10 KVA – 7500; 15 KVA – 11250;

 

 

 

required for

20KVA – 15000; 30 KVA – 22500; 40 KVA – 30000; 60 KVA –

 

 

 

45000; 80 KVA – 60000; 120 KVA – 90000;

 

 

 

5.

Battery Rack

Battery rack to be provided with the batteries.

 

 

 

6.

Maximum end cell

1.75 V / Cell

 

 

 

 

voltage during

 

 

 

 

 

discharge

 

 

 

 

7.

Allowable voltage

3 Volts at the end of discharge voltage

 

 

 

 

drop in battery cables

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

SECTION 7: CONTENTS AND FORMAT OF BID

The major sections of the proposal should be organized as follows :

Sr.

Document Required

Remarks

No.

 

 

1.

Introduction

This section should provide a brief write-up about the

 

 

proposal, bidder and confirmation regarding

 

 

specifications of UPS Systems to be supplied.

 

 

 

2.

Bidder Information

This section should provide all the relevant

 

 

information about the bidder. (Form 1)

 

 

 

3.

Covering letter

Form 1A

4.

Bid Document Fee & EMD as

Rs. 5000/- ( Rupees Five Thousand Only) towards Bid

 

specified

Document Fee and Rs.8,00,000/- (Rupees Eight Lac

 

 

Only) towards EMD in the form of Demand Draft/

 

 

Bankers Cheque from a Scheduled Commercial bank in

 

 

favor of ‘ IDBI Bank Limited ’ payable at Mumbai only

 

 

to be submitted along with the Technical Bid.

5.

Copy of this RFP duly signed and

Please provide copy of RFP document duly signed and

 

stamped on all pages

stamped by company.

6.

Non-Disclosure Agreement (NDA)

(Form 2)

 

as per format given

 

7.

Power of attorney of the

(Form 3)

 

signatory along with relevant

 

 

Board resolutions, if any

 

 

 

 

8.

Undertakings as mentioned

(Form 4)

9.

Deed of Indemnity

(Form 5)

10.

Technical Specifications as

Please refer SECTION 6: TECHNICAL SPECIFICATIONS OF

 

mentioned along with relevant

UPS SYSTEMS & BATTERIES.

 

brochures

 

11.

All Supporting Documents as

Please refer SECTION 3:ELIGIBILITY CRITERIA

 

mentioned in Eligibility criteria

 

12.

All Documents regarding

Please provide, if required (optional).

 

Clarification of Bids

 

13.

Any other relevant legal

Please provide, if required (optional).

 

document

 

14.

Estimated Commercial/Price Bid

(Form 6)

 

in separate sealed envelope with

 

 

proper description

 

15.

Checklist of all documents to be

Please refer SECTION 8: CHECKLIST OF DOCUMENTS TO BE

 

submitted

SUBMITTED

 

 

 

© IDBI Bank Ltd.

44

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Form 1

Bidder Information

1. Company details

Please provide the following company related details supported by documentary evidence:

Sr No

Particulars

Detailed answer

Documentary

 

 

by the bidder

proof details

 

 

 

 

1.

Name and Address of the company

 

 

 

with Telephone Nos. , Fax, E-mail

 

 

 

and website

 

 

 

 

 

 

2.

Date of Incorporation ( with

 

 

 

documentary evidence of certificate

 

 

 

of Incorporation)

 

 

 

 

 

 

3.

Address of Offices/ Facilities in India

 

 

 

 

 

 

4.

Sales Tax / Service Tax Registration

 

 

 

Number

 

 

 

 

 

 

5.

PAN/ TAN Number

 

 

 

 

 

 

6

Customer References

 

 

 

 

 

 

© IDBI Bank Ltd.

45

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Form – 1 A:

Format for Covering Letter

Place:

Date:

Advisor _IT

IDBI Building,

Plot No.39-41, Sector 11,

CBD Belapur,

Navi Mumba -400614

Maharashtra

Dear Sir,

Supply, Installation, Maintenance and Support of UPS Systems at IDBI Bank Limited.

In respect of the Bid for Supply, Installation, Maintenance and Support the UPS Systems at IDBI Bank, please find enclosed our response to your RFP dated July 14, 2012.

Having examined the RFP Document and appendix thereto and addenda numbers_____ thereto, We,/ the undersigned, in conformity with the RFP/Bid Document, offer to provide the Service(s) as defined and described in the RFP Document, on the terms and conditions mentioned in the RFP/Bid Document.

We acknowledge having received the following addenda to the RFP/Bid Document:

Addendum No.

Dated

 

 

 

 

 

 

If any action is brought against you for infringement / violation, of the applicable laws in respect of the hardware components supplied by us to IDBI Bank, we will defend the same at our cost and consequences and will indemnify IDBI Bank and shall hold IDBI Bank harmless of all the costs and other expenses that IDBI Bank may incur or suffer in this connection.

We undertake to you that, if our proposal is accepted, we shall provide the Service(s) comprised in the Contract to you within timeframe specified, starting from the date of receipt of notification of award from IDBI Bank.

© IDBI Bank Ltd.

46

I D B I Bank Ltd. RFP For Procurement of UPS Systems

We agree to abide by this proposal for the period of 90 days from the date of bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

We agree to execute a Contract in the form to be communicated by IDBI Bank, incorporating all agreements with such alterations or additions thereto as may be necessary to adapt such agreement to the circumstances of the standard and notice of the award within time prescribed after notification of your intention to accept this proposal.

Unless and until a formal agreement is prepared and executed this proposal together with your written acceptance thereof shall constitute a binding Contract.

We understand that you are not bound to accept the lowest or any bid you may receive, not to give any reason for rejection of any bid and that you will not defray any expenses incurred by us in biding.

As security for the due performance and observance of the undertaking and obligation of the bid, we submit herewith Demand Draft / Banker’s Cheque bearing no. ____________ dated

__________ drawn in favour of IDBI Bank Limited for an amount of < …………………. (Rupees.

…………….. Only) payable at Mumbai.

Dated this _____ day of ____________________ 2012

Signature

(Company Seal)2

__________________

In the capacity of

Duly authorized to sign bids for and on behalf of:

2 In accordance with the provisions for affixation of common seal as provided in the Articles of Association and to be supported by board resolution.

© IDBI Bank Ltd.

47

I D B I Bank Ltd. RFP For Procurement of UPS Systems

(To be submitted by the Vendor on their Letter Head)

Form – 2

Non-Disclosure Agreement Form

This agreement made and entered into at …………………. this …….day of ………

2012.

BY AND BETWEEN

………………………………… Company Limited, a company incorporated under the Companies Act, 1956 having its registered office at ….………. (hereinafter referred to as the contractor, which expression unless repugnant to the context or meaning thereof be deemed to include its permitted successors) of the ONE PART;

AND

IDBI Bank Limited (IDBI Bank), a company registered under the Companies Act, 1956 and a banking company within the meaning of the Banking Regulation Act, 1949 having its registered office at IDBI Tower, Cuffe Parade, WTC Complex, Colaba, Mumbai-400005 (hereinafter referred to as “IDBI Bank” which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns) of the OTHER PART.

The Contractor and IDBI Bank are hereinafter collectively referred to as “the Parties” and individually as “the Party”

WHEREAS:

1.IDBI Bank is engaged in the business of banking and for the purpose of expanding its operations desires to procure Uninterrupted Power Supply (UPS) Systems, with the specifications prescribed herein and had invited bids from interested parties for supply and installation of the same, with a 36 months Comprehensive onsite warranty on UPS, 24 months on batteries and a 36 months comprehensive post-warranty AMC on UPS from the date of installation of the respective UPS System at various locations of IDBI Bank for a period of 12 months from the date of the award of Contract.

2.In the course of such supply installation and maintenance, it is anticipated that IDBI Bank or any of its directors, officers, employees, officials, representatives or agents may disclose, or deliver, to the Contractor some Confidential Information (as hereinafter defined), to enable the Contractor to install and provide maintenance of the UPS System (hereinafter referred to as " the Purpose").

3.IDBI Bank is duty bound to ensure that information in respect of its constituents is not disclosed to third parties and has agreed to disclose such Confidential Information on

…………………… . executing an agreement, being these presents, to safeguard and protect such Confidential Information as it may receive from IDBI Bank or its officers/employees etc. for the Purpose.

© IDBI Bank Ltd.

48

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Now, therefore this Agreement witnesseth and it is hereby agreed by and between the Parties hereto as follows :

1.Confidential Information: “Confidential Information” means all information disclosed/ furnished by IDBI Bank to the Contractor whether orally, in writing or in electronic, magnetic or other form for the limited purpose of enabling the Contractor to supply, install and provide maintenance and shall mean and include data, documents and information or any copy, abstract, extract, sample, note or module thereof, explicitly designated as "Confidential"; Provided the oral information is set forth in writing and marked "Confidential" within seven (7) days of such oral disclosure).

The Contractor may use the Confidential Information solely for and in connection with the Purpose and shall not use the Confidential Information or any part thereof for any reason other than the Purpose stated above.

Confidential Information in oral form must be identified as confidential at the time of disclosure and confirmed as such in writing within 30 days of such disclosure. Confidential Information does not include information which:

(a)is or subsequently becomes legally and publicly available without breach of this Agreement by……….

(b) was rightfully in the possession of the Contractor without any obligation of confidentiality prior to receiving it from IDBI Bank ,

(c)was rightfully obtained by the Contractor from a source other than IDBI Bank without any obligation of confidentiality,

(d)was developed by for the Contractor independently and without reference to any Confidential Information and such independent development can be shown by documentary evidence, or is/was disclosed pursuant to an order of a court or governmental agency as so required by such order, provided that the Contractor shall, unless prohibited by law or regulation, promptly notify IDBI Bank of such order and afford IDBI Bank the opportunity to seek appropriate protective order relating to such disclosure.

(e)the recipient knew or had in its possession, prior to disclosure, without limitation on its confidentiality;

(f)is released from confidentiality with the prior written consent of the other party.

The recipient shall have the burden of proving hereinabove are applicable to the information in the possession of the recipient.

a)Confidential Information shall at all times remain the sole and exclusive property of the disclosing party. Upon termination of this Agreement, Confidential Information shall be returned to the disclosing party or destroyed, if incapable of return. The destruction shall be witnessed and so recorded, in writing, by an authorised representative of each of the parties.

© IDBI Bank Ltd.

49

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Nothing contained herein shall in any manner impair or affect rights of IDBI Bank in respect of the Confidential Information.

b)In the event that any of the Parties hereto becomes legally compelled to disclose any Confidential Information, such Party shall give sufficient notice to the other party to enable the other Party to prevent or minimize to the extent possible, such disclosure. Neither party shall disclose to a third party any Confidential Information or the contents of this Agreement without the prior written consent of the other party. The obligations of this Clause shall be satisfied by handling Confidential Information with the same degree of care, which the receiving party applies to its own similar confidential information but in no event less than reasonable care. The obligations of this clause shall survive the expiration, cancellation or termination of this Agreement.

2.Non-disclosure: The Contractor shall not commercially use or disclose any Confidential Information or any materials derived there from to any other person or entity other than persons in the direct employment of the Contractor who have a need to have access to and knowledge of the Confidential Information solely for the Purpose authorized above. The Contractor shall take appropriate measures by instruction and written agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. The Contractor may disclose Confidential Information to consultants only if the consultant has executed a Non-Disclosure Agreement with consultants that contains terms and conditions that are no less restrictive than these presents and the Contractor agrees to notify IDBI Bank immediately if it learns of any use or disclosure of the Confidential Information in violation of terms of this Agreement.

Notwithstanding the marking and identification requirements above, the following categories of information shall be treated as Confidential Information under this Agreement irrespective of whether it is marked or identified as confidential :

a)information regarding IDBI Bank and any of its Affiliates, customers and their accounts (“Customer Information”). For purposes of this Agreement, Affiliate means a business entity now or hereafter controlled by, controlling or under common control. Control exists when an entity owns or controls more than 50% of the outstanding shares or securities representing the right to vote for the election of directors or other managing authority of another entity; or

b)any aspect of IDBI Bank 's business that is protected by patent, copyright, trademark, trade secret or other similar intellectual property right; or

c)business processes and procedures; or

d)current and future business plans; or

e)personnel information; or

f)financial information.

© IDBI Bank Ltd.

50

I D B I Bank Ltd. RFP For Procurement of UPS Systems

3.Publications: The Contractor shall not make news releases, public announcements, give interviews, issue or publish advertisements or publicize in any other manner whatsoever in connection with this Agreement, the contents / provisions thereof, other information relating to this Agreement, the Purpose, the Confidential Information or other matter of this Agreement, without the prior written approval of IDBI Bank .

4.Term: This Agreement shall be effective from the date hereof and shall continue till expiration of the Purpose or termination of this Agreement by IDBI Bank, whichever is earlier. The Contractor hereby agrees and undertakes to IDBI Bank that immediately on termination of this Agreement it would forthwith cease using the Confidential Information and further promptly return or destroy, under information to IDBI Bank, all information received by it from IDBI Bank for the Purpose, whether marked Confidential or otherwise, and whether in written, graphic or other tangible form and all copies, abstracts, extracts, samples, notes or modules thereof. The Contractor further agrees and undertake to IDBI Bank to certify in writing upon request of IDBI Bank that the obligations set forth in this Agreement have been complied with.

Any provisions of this Agreement which by their nature extend beyond its termination shall continue to be binding and applicable without limit in point in time except and until such information enters the public domain

5.Title and Proprietary Rights: Notwithstanding the disclosure of any Confidential Information by IDBI Bank to the Contractor, the title and all intellectual property and proprietary rights in the Confidential Information shall remain with IDBI Bank .

6.Remedies: The Contractor acknowledges the confidential nature of Confidential Information and that damage could result to IDBI Bank if the Contractor breaches any provision of this Agreement and agrees that, if it or any of its directors, officers or employees should engage or cause or permit any other person to engage in any act in violation of any provision hereof, IDBI Bank may suffer immediate irreparable loss for which monetary compensation may not be adequate. IDBI Bank shall be entitled, in addition to other remedies for damages & relief as may be available to it, to an injunction or similar relief prohibiting the Contractor, its directors, officers etc. from engaging in any such act which constitutes or results in breach of any of the covenants of this Agreement. Any claim for relief to IDBI Bank shall include IDBI Bank's costs and expenses of enforcement (including the attorney's fees).

7.Entire Agreement, Amendment, Assignment: This Agreement constitutes the entire agreement between the Parties relating to the matters discussed herein and supersedes any and all prior oral discussions and / or written correspondence or agreements between the Parties. This Agreement may be amended or modified only with the mutual written consent of the Parties. Neither this Agreement nor any right granted hereunder shall be assignable or otherwise transferable.

© IDBI Bank Ltd.

51

I D B I Bank Ltd. RFP For Procurement of UPS Systems

8.Governing Law: The provisions of this Agreement shall be governed by the laws of India and the competent court at Mumbai shall have exclusive jurisdiction in relation thereto even though other Courts in India may also have similar jurisdictions.

9.Indemnity: The Contractor shall defend, indemnify and hold harmless IDBI Bank , its affiliates, subsidiaries, successors, assigns, and their respective officers, directors and employees, at all times, from and against any and all claims, demands, damages, assertions of liability whether civil, criminal, tortuous or of any nature whatsoever, arising out of or pertaining to or resulting from any breach of representations and warranties made by the Contractor. and/or breach of any provisions of this Agreement, including but not limited to any claim from third party pursuant to any act or omission of the Contractor, in the course of discharge of its obligations under this Agreement.

10.General: The Contractor shall not reverse–engineer, de-compile, disassemble or otherwise interfere with any software disclosed hereunder. All Confidential Information is provided “as is”. In no event shall the IDBI Bank be liable for the inaccuracy or incompleteness of the Confidential Information. None of the Confidential Information disclosed by IDBI Bank

constitutes any representation, warranty, assurance, guarantee or inducement with respect to the fitness of such Confidential Information for any particular purpose.

IDBI Bank discloses the Confidential Information without any representation or warranty, whether express, implied or otherwise, on truthfulness, accuracy, completeness, lawfulness, merchantability, fitness for a particular purpose, title, non-infringement, or anything else.

11.Waiver: A waiver (whether express or implied) by IDBI Bank of any of the provisions of this Agreement, or of any breach or default by the Contractor in performing any of the provisions hereof, shall not constitute a continuing waiver and such waiver shall not prevent IDBI Bank from subsequently enforcing any of the subsequent breach or default by the Contractor under any of the provisions of this Agreement.

In witness whereof, the Parties hereto have executed these presents the day, month and year first herein above written.

For and on behalf of --------------------------

For and on behalf of IDBI Bank Limited

(

)

(

)

 

 

 

(Designation)

 

( Designation)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© IDBI Bank Ltd.

 

52

 

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Form-3

Format of Power of Attorney for signing of bid

POWER OF ATTORNEY

(On Stamp Paper of relevant value)

Know all men by these presents, we (name of the

company/partnership firm and address of the registered office) do hereby appoint and authorize Mr.

 

 

(full name and residential address) who is presently employed with us

and holding the position of

 

 

as our attorney, to do in our name and

on our behalf, all such acts, deeds and things necessary in connection with or incidental to our proposal for Supply, Installation & Maintenance of UPS systems with batteries in response to the RFP (Request for Proposal) by IDBI Bank Ltd (hereinafter referred to as IDBI BANK LTD), including signing and submission of all documents and providing information/responses to IDBI BANK LTD in all matters in connection with our bid / offer.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us.

Dated this _____ day of ____________________ 2012

For

(Signature)

(Name, Designation and Address)

Accepted

(Signature)

(Name, Title and Address of the Attorney) Date:

Note:

1.The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants and when it is so required the same should be under common seal affixed in accordance with the required procedure.

2.Also, wherever required, the bidder should submit for verification the extract of the charter documents and documents such as a resolution/power of attorney in favor of the Person

© IDBI Bank Ltd.

53

I D B I Bank Ltd. RFP For Procurement of UPS Systems

executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

3.In case the Application is signed by an authorized Director / Partner or Proprietor of the Applicant, a certified copy of the appropriate resolution / document conveying such authority may be enclosed in lieu of the Power of Attorney.

© IDBI Bank Ltd.

54

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Form – 4

Undertaking

It is certified that the information furnished here in and as per the document submitted is true and accurate and nothing has been concealed or tampered with. We have gone through all the conditions of bid and are liable to any punitive action for furnishing false information / documents.

Dated this _____ day of ____________________ 2012

Signature

(Company Seal)

__________________

In the capacity of

Duly authorized to sign bids for and on behalf of:

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

Form – 5

PROFORMA FOR DEED OF INDEMNITY

This Deed of Indemnity executed at Mumbai on the ______ day of _______ by

________________________________________ (hereinafter referred to as “the Obligor” which expression shall unless it be repugnant to the context, subject or meaning thereof, shall be deemed to mean and include successors and permitted assigns);

IN FAVOUR OF

IDBI Bank Limited, a company registered and incorporated under the Companies Act, 1956 (1 of 1956) and a banking company within the meaning of section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai – 400 005 (hereinafter referred to as “IDBI Bank” which expression shall, unless it be repugnant to the subject or context or meaning thereof, be deemed to mean and include its successors and assigns)

WHEREAS

(1) The Obligor has

(a)offered to supply IDBI Bank with UPS Systems alongwith batteries at its various locations, with the specifications as prescribed in the Agreement / Contract dated _________ during the period of 12 months from the date of First Purchase Order and subsequent purchase orders to be issued by IDBI Bank from time to time. The Supply of UPS Systems and batteries by the obligor is herein after referred to as "Supply".

(b)agreed to install and provide comprehensive maintenance at various locations for the UPS Systems and batteries supplied by them in terms of the Agreement / Contract dated

_________ and respective Purchase Orders issued from time to time during the Contract

period and during the comprehensive onsite warranty period of 36 months for UPS system and 24 months for the batteries supplied alongwith the UPS system from the date of installation of the respective UPS System. (The installation and maintenance are herein after collectively referred to as "Service/s").

(c)represented and warranted that they have all permissions, consents, approvals from all authorities, both regulatory and non-regulatory, for Supply and Service/s to IDBI Bank .

(d)represented and warranted that the aforesaid supply/services offered to IDBI Bank do not violate any provisions of the applicable laws, regulations or guidelines including legal and environmental. In case there is any violation of any law, rules or regulation, which is capable of being remedied, the same will be got remedied immediately during the installation, maintenance and contract period to the satisfaction of IDBI Bank .

(e)represented and warranted that they are authorized and legally eligible and otherwise entitled and competent to enter into such Contract/Agreement with IDBI Bank .

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

(2)IDBI Bank , relying and based on the aforesaid representations and warranties of the Obligor, has agreed to purchase the UPS Systems and avail the Services of the Obligor on the terms and conditions contained in its Agreement/Contract dated ____________________ with the Obligor;

(3)One of the conditions of the aforesaid Agreement is that the Obligor is required to furnish an indemnity in favour of IDBI Bank indemnifying the latter against any claims, losses, costs, actions, suits, damages and / or otherwise arising due to or on account of Obligor's violations of any trademarks, patents, copyrights and licences, the applicable laws, regulations, guidelines during the Supply / Services to IDBI Bank over the contract period as also for breach committed by the Obligor on account of misconduct, omission and negligence by the Obligor.

(4)In pursuance thereof, the Obligor has agreed to furnish an indemnity in the form and manner and to the satisfaction of IDBI Bank as hereinafter appearing;

NOW THIS DEED WITNESSETH AS UNDER:-

In consideration of IDBI Bank having agreed to award the aforesaid contract to the Obligor, more particularly described and stated in the aforesaid Agreement/Contract, the Obligor do hereby agree and undertake that:-

(1)The Obligor shall, at all times hereinafter, save and keep harmless and indemnified IDBI Bank, including its respective directors, officers and employees and keep them indemnified from and against any claim, demand, losses, liabilities or expenses of any nature and kind whatsoever and by whomsoever made in respect of the said contract and any damage caused from and against all suits and other actions that may be instituted taken or preferred against IDBI Bank by whomsoever and all losses, damages, costs, charges and expenses that IDBI Bank may incur by reason of any claim made by any claimant for any reason whatsoever or by anybody claiming under them or otherwise for any losses, damages or claims arising out of all kinds of accidents, destruction, deliberate or otherwise, direct or indirect, from those arising out of violation of applicable laws, regulations, guidelines and also from the environmental damages, if any, which may occur during the contract period. However, the liability of the Obligor shall not exceed the contract price / bid price as stated in the aforesaid Agreement.

(2)The Obligor further agrees and undertakes that the Obligor shall, during the contract period, ensure that all the permissions, authorizations, consents are obtained from the local and/or municipal and/or governmental authorities, as may be required under the applicable laws, regulations, guidelines, orders framed or issued by any appropriate authorities.

(3)The Obligor further agrees to provide complete documentation of all UPS Systems, they are having. The Obligor shall also indemnify and keep indemnified IDBI Bank against any levies / penalties / claims / demands litigations, suits, actions, judgments, and or otherwise ion account of any default and or breach and or otherwise in this regard.

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

(4)If any additional approval, consent or permission is required by the Obligor to execute and perform the contract during the currency of the contract, they shall procure the same and/or comply with the conditions stipulated by the concerned authorities without any delay.

(5)The obligations of the Obligor herein are irrevocable, absolute and unconditional, in each case irrespective of the value, genuineness, validity, regularity or enforceability of the aforesaid Agreement/Contract or the insolvency, bankruptcy, reorganization, dissolution, liquidation or change in ownership of IDBI Bank or Obligor or any other circumstance whatsoever which might otherwise constitute a discharge or defense of an indemnifier.

(6)The obligations of the Obligor under this deed shall not be affected by any act, omission, matter or thing which, would reduce, release or prejudice the Obligor from any of the indemnified obligations under this indemnity or prejudice or diminish the indemnified obligations in whole or in part, including in law, equity or contract (whether or not known to it, or to IDBI Bank ).

(7)This indemnity shall survive the aforesaid Agreement.

(8)Any notice, request or other communication to be given or made under this indemnity shall be in writing addressed to either party at the address stated in the aforesaid Agreement and or as stated above.

(9)This indemnity shall be governed by, and construed in accordance with, the laws of India. The Obligor irrevocably agrees that any legal action, suit or proceedings arising out of or relating to this indemnity may be brought in the Courts/Tribunals at Mumbai. Final judgment against the Obligor in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction, by suit on the judgment, a certified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. By the execution of this indemnity, the Obligor irrevocably submits to the exclusive jurisdiction of such Court/Tribunal in any such action, suit or proceeding.

(10)IDBI Bank may assign or transfer all or any part of its interest herein to any other person.

Obligor shall not assign or transfer any of its rights or obligations under this indemnity, except with the prior written consent of IDBI Bank

IN WITNESS WHEREOF the Obligor has signed these presents on the day, month and year first above written.

Signed and Delivered on behalf of

)

___________________ )

by the hand of __________________ )

_________, the authorized official of the Obligor)

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

To be submitted separately in the Estimated Commercial Bid Envelope

Form -6

Estimated Price Bid Form

The Format of Estimated Price Bid Form is given below.

 

 

 

 

 

<---------- Price Breakup for sake of calculation ----------

 

 

 

 

 

 

 

->

 

 

 

 

 

 

Approx

 

 

Accessories Cost

Battery

Installat

 

Sr. No

UPS Capacity

 

UPS Cost

(Batt. Stand,

Total

Qty

 

Cost

ion Cost

 

 

 

 

 

interlinks)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(A)

 

(B)

(C)

 

(D)

(E)

(F)

(G)

(H)

1

3

KVA UPS

6

 

 

 

 

 

 

1

5

KVA UPS

265

 

 

 

 

 

 

2

10 KVA UPS

28

 

 

 

 

 

 

3

15 KVA UPS

4

 

 

 

 

 

 

4

20 KVA UPS

3

 

 

 

 

 

 

5

30 KVA UPS

2

 

 

 

 

 

 

6

40 KVA UPS

2

 

 

 

 

 

 

8

60 KVA UPS

1

 

 

 

 

 

 

9

80 KVA UPS

3

 

 

 

 

 

 

10

120 KVA UPS

2

 

 

 

 

 

 

i)Please note that L1-bidder of the UPS system will be determined on the basis of Reverse Auction.

ii)Estimated Price quoted should be inclusive of all taxes, duties, other additional charges like Delivery, Handling at site and Installation except octroi.

iii)Vendors should provide breakup of cost as specified above.

iv)Prices must also include cost / rate of 3-year post-warranty AMC as per the below format.

All Vendors have to quote for AMC Rates

AMC Quotation (After 3 years warranty)

AMC Rate for UPS system

 

Single AMC Rate applicable for each year

(without batteries & accessories)

(in % of the UPS cost)

 

 

 

 

 

AMC rate for 4th, 5th and 6th

Year

 

after installation

 

____%

 

 

 

 

 

L1 vendor selected through online reverse auction will have to match the lowest AMC rate quoted by the other qualified vendor including L1 vendor.

Authorised Signatory

© IDBI Bank Ltd.

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

(This document must be forwarded by the issuing Bank directly to IDBI Bank at its specified address)

Form – 7

 

Performance Guarantee

 

 

 

 

 

Bank Guarantee No.

 

 

 

Bank Guarantee Amount

 

 

 

Expiry Date

 

 

 

 

 

 

Claim Amount

 

M/s.

 

Account

 

 

 

 

 

 

 

GUARANTEE FOR PERFORMANCE OF CONTRACT / AGREEMENT

THIS GUARANTEE AGREEMENT executed at ______ this _____ day of _________ Two Thousand Twelve

BY :

______________________ Bank, a body corporate constituted under _______________, having its Registered Office/ Head Office at ______________, and a Branch Office at

_____________________________________________________ (hereinafter referred to as “the Guarantor”, which expression shall, unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns)

IN FAVOUR OF:

IDBI BANK LIMITED (IDBI), a company incorporated and registered under the Companies Act, 1956 (1 of 1956) and a banking company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai – 400 005 and having its Branch Office amongst other places (hereinafter referred to as “IDBI Bank” which expression shall unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns),

(f)WHEREAS IDBI Bank had called for the bids for engagement of Vendor to carry out supply, installation and maintenance of UPS Systems alongwith batteries as per the specifications prescribed therein (herein after referred to as "Supply") and maintain the same during the Warranty period of 36 months for UPS systems and 24 months for batteries from the date of installation of the respective UPS Systems (herein after referred to as "Service/s") at the

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specified locations as per the terms and conditions of the Contract/ Agreement dated……………..(the Agreement); and for the purposes M/s………………………have been appointed as the Vendor (hereinafter referred to as " Vendor") and accordingly has entered into Contract / Agreement on ……….. (Agreement) with Bank subject to the terms and conditions contained in the said documents and the Vendor has duly confirmed the same.

AND WHEREAS pursuant to the Bid Documents, the Agreement, and other related documents (hereinafter collectively referred to as “the said documents”), the purchasing Bank has agreed to avail from M/s……………………. and M/s……………………………. has agreed to provide to the said Bank, the Services, more particularly described in the Schedule/Annexure to the said documents (hereinafter collectively referred to as “the Services”), subject to payment of the contract price as stated in the said documents and also subject to the terms, conditions, covenants, provisions and stipulations contained the said documents.

AND WHEREAS the Vendor has duly signed the said documents.

AND WHEREAS in terms of the said documents, the Vendor has agreed to Supply & provide the Services and to procure an unconditional and irrevocable performance bank guarantee, in favour of the purchasing Bank, from a Scheduled Commercial Bank acceptable to the purchasing Bank for securing ………. onwards faithful observance and performance by the Vendor of the terms, conditions, covenants, stipulations, provisions of the Agreement/the said documents.

AND WHEREAS at the request of the Vendor, the Guarantor has agreed to guarantee the purchasing Bank, payment of the ………. of the Contract Price amounting to …………………………..(in words) towards faithful observance and performance by the Vendor of the terms of the said documents.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

In consideration of the above, the Guarantor hereby unconditionally, absolutely and irrevocably guarantees to the Bank as follows:

The Guarantor hereby guarantees and undertakes to pay, on demand, to the purchasing Bank at its office at Mumbai forthwith, the ……………………………………….or any part thereof, as the case may be, as aforesaid due to the Bank from the Vendor, towards any loss, costs, damages, etc. suffered by the Bank on account of default of the Vendor in the faithful observance and performance of the terms, conditions, covenants, stipulations, provisions of the Agreement / said documents, without any demur, reservation, contest, recourse or protest or without any reference to the Vendor. Any such demand or claim made by the Bank, on the Guarantor shall be final, conclusive and binding notwithstanding any difference or any dispute between the Bank and the Vendor or any dispute between the Bank and the Vendor pending before any Court, Tribunal, Arbitrator, or any other authority.

The Guarantor agrees and undertakes not to revoke this Guarantee during the currency of these presents, without the prior written consent of the Bank and further agrees that the Guarantee herein contained shall continue to be enforceable until and unless it is discharged earlier by the Bank, in writing.

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The Bank shall be the sole judge to decide whether the Vendor has failed to perform the terms of the Agreement / said documents for providing the Services by the Vendor to the Bank, and on account of the said failure what amount has become payable by the Vendor to the Bank under this Guarantee. The decision of the Bank in this behalf shall be final, conclusive and binding on the Guarantor and the Guarantor shall not be entitled to demand the Bank to establish its claim under this Guarantee but shall pay the sums demanded without any objection, whatsoever.

To give effect to this Guarantee, the Bank, may act as though the Guarantor was the principal debtor to the Bank.

The liability of the Guarantor, under this Guarantee shall not be affected by:

any change in the constitution or winding up of the Vendor or any absorption, merger or amalgamation of the Vendor with any other company, corporation or concern; or any change in the management of the Vendor or takeover of the management of the Vendor by the Government or by any other authority; or acquisition or rationalization of the Vendor and/or of any of its undertaking(s) pursuant to any law; or any change in the constitution of IDBI Bank / Vendor; or any change in the set up of the Guarantor which may be by way of change in the constitution, winding up, voluntary or otherwise, absorption, merger or amalgamation or otherwise; or the absence or deficiency of powers on the part of the Guarantor to give Guarantees and/or Indemnities or any irregularity in the exercise of such powers. Notwithstanding anything contained hereinabove, the liability of the Guarantor hereunder shall not exceed 10% of the contract value as specified in the Contract / Agreement.

This Guarantee will expire on _______________. Any demand or claim under this Guarantee must be received by the Guarantor by ______________ and if no such demand or claim has been received by the Guarantor within the aforesaid mentioned date, then all the rights of the Bank under this Guarantee shall cease.

For all purposes connected with this Guarantee and in respect of all disputes and differences under or in respect of these presents or arising there from the courts of Bombay city/ Mumbai city where the Bank has its Registered Office shall alone have jurisdiction to the exclusion of all other courts even though other Courts in India may also have similar jurisdictions.

IN WITNESS WHEREOF the Guarantor has caused these presents to be executed on the day, month and year first herein above written as hereinafter appearing.

SIGNED AND DELIVERED BY the within named Guarantor,

______________________,

by the hand of Shri.__________, its authorised official.

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(To be submitted by the Vendor/s on appropriate value of stamp papers / franking within 1 month of receipt of LOI)

Form-8

AGREEMENT

This agreement (the Agreement) made at Mumbai on this .............

day of …………2012.

BETWEEN

IDBI Bank Limited (IDBI), a company incorporated and registered under Companies Act, 1956 [1 of 1956] and a banking company within the meaning of section 5(c) of Banking Regulation Act, 1949 (10 of 1949) (hereinafter referred to as "Purchaser") and having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai – 400 005 (which expression shall unless it be repugnant to the subject, context or meaning thereof be deemed to mean and include its successors and assigns) of the One Part

AND

M/s. ................................... hereinafter called the "Vendor" (which expression shall unless repugnant to the subject, context or meaning thereof be deemed to mean and include its successors) of the Other Part.

The Purchaser and the Vendor are hereinafter collectively referred to as the 'Parties'.

WHEREAS

1.The Purchaser, for the purpose of expanding its operations desires to procure Uninterrupted Power Supply (UPS) Systems, specifications of which are as listed out in technical specifications in the request for proposal (RFP).

2.The Purchaser had invited bids from interested parties and has accepted a bid by the Vendor for supply, installation and maintenance of UPS Systems at various locations of the Purchaser for a period of 12 months from the date of the award of contract, with a comprehensive onsite warranty for 36 months on UPS and 24 months on batteries from the date of installation of the respective UPS System and a 3-year comprehensive post warranty AMC on the UPSs. (hereinafter referred to as the 'Contract Price').

The Vendor has agreed to supply and install the UPS Systems at the respective locations of the Purchaser, subject to the terms, conditions, provisions, stipulations, covenants, and instructions set forth herein, the general terms and conditions of the contract contained in the RFP and the purchase orders issued from time to time (hereinafter collectively referred to as the "Said Conditions)".

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NOW IT IS HEREBY AGREED AS FOLLOWS:

ARTICLE 1 – Purchase and Delivery

1.1The Vendor shall upon and subject to the said conditions, supply, install and maintain the UPS Systems at the time and in the manner set forth in this Agreement and as described in the Purchase Orders issued from time-to-time by the Purchaser for the Contract Price as agreed to herein. Time being essence of this Agreement.

1.2The Purchaser shall pay to the Vendor as per the Contract Price agreed upon between the Parties herein, upon submission of invoices, test certificate, original octroi receipts and installation report from the respective branches.

1.3The Contract Price will be inclusive of all taxes such as sales tax, surcharge on sales tax, excise duty, turnover tax, works contract tax, VAT, Insurance, Transportation etc. Octroi (additional) at actuals, will be reimbursed by the Purchaser on submission of original receipts by the Vendor. Any increase in cost by the manufacturer or tax levied by the government from time-to-time on the whole product or component thereof will have to be borne by the Vendor.

1.4It will be imperative for the Vendor to fully inform itself of all legal conditions and factors which may have any effect on the execution of the contract as described in the bid documents. The Purchaser shall not entertain any request for clarification from the Vendor regarding such local conditions.

1.5The Purchaser may place orders for supply, installation and maintenance of the UPS Systems from time to time as required. The UPS Systems shall be delivered to the specific floor / electrical room at site according to the specific delivery instructions, which will be mentioned in the respective purchase orders. The Purchaser shall have the right to cancel/reject entire/part of the order/delivery, if the delivery is not made within the stipulated time and/or if the quality of the UPS Systems does not meet the specifications as specified in this Agreement. In such cases, the Purchaser will not be liable to pay any charges for transportation, Octroi, etc. incurred by the Vendor in respect of the rejected UPS Systems. The Purchaser shall be the sole judge as regards the specifications of the UPS Systems concerned.

1.6The address for delivery of the UPS Systems shall be as specified in the respective purchase orders issued from time to time.

1.7All applicable taxes shall be deducted by the Purchaser at source according to the tax rate prevalent at the time of making the payment.

1.8The amount of Rs.8,00,000/- (Rupees Eight Lac Only) paid by the Vendor towards the Earnest Money Deposit (EMD) shall be retained by the Purchaser as a security deposit and will be refunded within 90 days from the date of Vendor's acceptance of the contract awarded by the

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Purchaser and on singing of the Agreement within 1 month from date of LOI. The EMD will not carry any interest.

1.9The Vendor is responsible for and obliged to conduct all contracted activities strictly in accordance with contract using state-of-the-art methods and economic principles and exercising all means available to achieve the performance specified in the contract.

1.10The Vendor shall furnish an interest-free Performance Security / Guarantee for an amount of 10% of Contract amount, issued by a scheduled commercial bank (hereinafter referred to as "Bank Guarantee") in favour of the Purchaser, on the terms and conditions acceptable to the Purchaser and arrange to furnish the same to the Purchaser directly through the issuing Bank.

ARTICLE 2 – RFP to be treated as part of the Agreement

The RFP along with its Annexures, other attachments and deviations, if any, shall be read and construed as forming part of this Agreement and the Parties hereto shall abide by and submit themselves to the conditions and perform the Agreement on their part respectively in accordance with the terms and conditions contained herein as well as in the RFP.

ARTICLE 3 – Representations and Warranties of the Vendor

The Vendor shall be deemed to have represented, warranted, assured, agreed, confirmed, declared and undertaken that -

a)it is duly organized and a validly existing organization under Indian Laws.

b)it has power and authority to execute and deliver this Agreement and has taken all necessary steps to authorize execution, delivery and performance of this Agreement.

c)it has power and authority to do all things necessary and appropriate and to consummate the transactions contemplated under this Agreement.

d)neither the execution and delivery of this Agreement with the Purchaser nor the Vendor's compliance with or performance of the terms and provisions of this Agreement shall contravene any provisions of law or any order, writ, injunction or decree of any Court or Government authority nor shall it violate any provisions of memorandum and articles of association affixation/bye laws/partnership deed or any agreement or arrangement to which the Vendor is party.

e)it shall supply to the Purchaser, UPS Systems free from manufacturing defects. Defective parts, if any, shall be removed and replaced immediately within 10 working days of notification, free of charge. If the Vendor having been notified fails to remedy the defect(s) within the period specified, the Purchaser may proceed to take such remedial action/s as may be necessary, at the Vendor's risk and expense and without prejudice to any other rights which Purchaser may have against the Vendor under and in accordance with this Agreement/ Contract. The delay in delivery of the UPS Systems at the respective destinations and/or, installation beyond the agreed period will attract a penalty of 1% of the Product Price subject to a maximum of 5% of order value as per the respective purchase order. Any decision of Purchaser in this regard shall be final, conclusive and binding on the Vendor.

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ARTICLE 4 – Indemnity

The Vendor shall unconditionally and irrevocably, (jointly and severally in case of partnership concern) indemnify the Purchaser against any claims, losses, costs, actions, suits, damages and or otherwise arising due to or on account of Vendor's violation of any trademarks, patents, copyrights and licenses and shall always keep the Purchaser, its affiliates, subsidiaries, successors, assigns, officers, directors and employees, indemnified at all times, from and against all claims, losses, damages, costs, actions, suits, compensation or expenses or otherwise, if any, that the Purchaser may incur by reason of any action, proceedings which may be brought by or against or taken against the Purchaser, by anybody including the customers for anything of any nature whatsoever. This clause shall survive the termination of this Agreement for any reason whatsoever. The Deed of Indemnity shall be executed in the form and to the satisfaction of the Purchaser.

ARTICLE 5 -Termination of the Agreement

The Purchaser may terminate this Agreement for any breach of the terms and conditions of this Agreement by giving 30 days notice to the Vendor requiring it to make good the default(s) within notice period. This decision will not be challengeable in any court of law. However, the Vendor will have to serve a notice of 3 months, if he wishes to terminate the Agreement/Contract.

Termination of this Agreement shall not affect or prejudice any provisions of this Agreement, which are expressly or by implication provided to continue in effect after such termination.

ARTICLE 6 – Notices

All notices in connection with this Agreement, shall be given in writing, hand delivered or sent by regd. post / courier or by facsimile transmission, confirmed by courier to the address or fax number specified below, or to such other address or number which the Parties may have last specified. All such notices shall be effective upon receipt to:

Purchaser:

IDBI Bank Limited

IDBI Building, Plot No.39-41, Sector-11, CBD Belapur, Navi Mumbai – 400 614, Fax No.2756 6313

Vendor:

…………………

Either of the Parties may by notice, change the address to which such notices and communication are to be delivered or transmitted.

ARTICLE 7 -Dispute Resolution

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The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the Contract/Agreement in the following manner:

a.The Party raising a dispute shall address to the other Party a notice requesting an amicable settlement of the dispute within seven (7) days of receipt of the notice.

b.The matter will be referred for negotiation between nominated officials of the Purchaser and the Vendor. The matter shall then be resolved by them and the agreed course of action documented within a further period of 15 days.

c.The Parties agree that any dispute between them, which cannot be settled by negotiation in the manner, described above, may be resolved exclusively by arbitration and such dispute may be submitted by either party to arbitration within 20 days of the failure of negotiations. Arbitration shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. Each Party to the dispute shall appoint 1 arbitrator each and the two arbitrators shall jointly appoint the third or the presiding arbitrator. The arbitration proceedings shall be conducted in the English language. Subject to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of all matters connected with the Contract/Agreement even though other Courts in India may also have similar jurisdictions. The arbitration award shall be final, conclusive and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides.

The Vendor shall not be entitled to suspend the supply, installation or maintenance of the UPS Systems pending resolution of any disputes between the Parties and shall continue to supply, install and maintain the UPS Systems in accordance with the provisions of the Contract/Agreement notwithstanding the existence of any dispute between the Parties or the subsistence of any arbitration or other proceedings.

The provision under this section survives the Contract/Agreement.

ARTICLE 8 -Severability

If any of the terms, covenants or conditions thereof as to the application of such term, covenant or condition shall be held invalid as to either party on circumstances by any Court having jurisdiction, the reminder of such terms, covenants or conditions shall not be affected thereby, shall remain in full force and affect and shall continue to be valid and enforceable.

ARTICLE 9 -Survival of Provisions

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In order that the Parties may fully exercise their rights and perform their obligations hereunder, such provisions of this Agreement that are required to ensure such exercise or performance shall survive the termination of this Agreement for any cause whatsoever.

ARTICLE 10 -Entire Agreement

The Agreement contains all of the understanding and agreement or whatsoever kind and nature existing between the Parties with respect to written or oral agreements, commitments, representatives, communications and understandings between the Parties with respect to the transactions herein contained.

Necessary corrections, if any, arising out of corrigenda clarifications issued before opening of Bid have been made in these documents. Also the subsequently agreed terms based on the discussions held between the Vendor and Purchaser which were finally accepted for the said supply and installation have been incorporated and all pages in the proposal have been initialed both by Vendor and Purchaser in token of their acceptance.

ARTICLE 11 -Headings

The heading of various Articles and Sections herein is for convenience of reference and is not deemed to affect the construction of the relative provisions.

ARTICLE 12 – Effective Date & Validity

This Agreement shall become binding on the Parties on and from ____________. It shall be in force for a period of 12 months from the date of award of Contract / First Purchase Order, whichever is earlier, in terms of this Agreement or early termination under the provisions of this Agreement, whichever is earlier. The contract can be further extended by IDBI Bank under mutual consent.

ARTICLE 13 -Counterparts

This Agreement is executed in duplicate; the original shall be in the custody of the Purchaser and the duplicate with the Vendor.

ARTICLE 14 – Contract Details

This contract comprises the following among other things:

a)Request for Proposal along with its Annexures, Sections and Terms and Conditions

b)Technical Specifications

c)Earnest Money Deposit, Performance Bank Guarantee / Bid Security

d)Payment Terms

e)Bid submitted by the Vendor

f)Warranty

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g)Deed of Indemnity

h)Respective Purchase Orders issued in accordance with this Contract

i)Non Disclosure Agreement

IN WITNESS WHEREOF the Parties have caused these presents and the said duplicate to be signed on their behalf by their duly authorized executives, the day and year first hereinabove written.

Signed and Delivered by the within named IDBI Bank

Signature :

Name :

 

 

Date :-

….......................

 

IN THE PRESENCE OF :

 

1. Signature

2. Signature

Name

:- ......................

Name : ……………………….

Address :- ......................

Address : ……………………

Signed and Delivered by ......... .........................

the within named Vendor

M/s. ....................................................................

 

Date :- .......................

 

IN THE PRESENCE OF :

 

1. Signature

2. Signature

Name

:- ......................

Name : ……………………….

Address :- ......................

Address : ……………………

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

 

………………………..

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I D B I Bank Ltd. RFP For Procurement of UPS Systems

(To be submitted by the Vendor on their Letter Head)

Form -9

PROFORMA FOR WARRANTY

We warranty and represent that the UPS Systems to be supplied and installed by us vide IDBI Bank 's respective purchase orders shall be brand new, free from all defects / faults in material / workmanship / manufacture and shall be of the highest grade and quality and consistent with the established and generally accepted standards for material of the type ordered, shall be in full conformity with the specifications, and shall operate properly. We shall be fully responsible for their efficient operation. This warranty shall survive for a period of 36 (Thirty Six) months for UPS System and 24 months for batteries from the Date of Successful Installation of the respective UPS System.

The obligations under the warranty expressed above shall include all costs relating to labour, spares, maintenance (preventive & unscheduled) and transport charges from site to manufacturer's works and back for repair/replacement at site or any part of the equipment which under normal & proper use and maintenance proves defective in design, material or fails to conform to the specifications.

Signature...……..............

Seal of the company...........

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Form -10

Testing Format

Testing Format to be submitted at the time of Technical Bid

Sl

PARAMETERS TO BE MEASURED

BANK’S

TEST RESULT/

No.

 

SPECIFICATION

REMARKS

1.

Technology

 

 

2.

Nominal Input Voltage

 

 

3.

No Load Input Voltage Range =

 

 

 

Voltage Regulation

 

 

4.

Input frequency Range (on DG set)

 

 

5.

Input Power factor

 

 

6.

Inversion Technique

 

 

7.

Capacity

 

 

8.

Output Voltage

 

 

 

 

 

 

9.

Output Frequency

 

 

10.

Distortion (o/p voltage) THD

 

 

11.

Crest Factor

 

 

12.

Static bypass switch

 

 

13.

Wave Form(output)

 

 

 

 

 

 

14.

Efficiency

 

 

15.

Indications

 

 

16.

Alarm

 

 

17.

Metering

 

 

18.

DC Isolation between Input line &

 

 

 

Output line.

 

 

19.

Input Current Harmonics

 

 

20.

Batteries

 

 

21.

Rated KVA

 

 

 

 

 

 

22.

Charger

 

 

23.

Manual bypass switch

 

 

24.

Transient Response

 

 

25.

Overload capacity 110% & 150%

 

 

 

 

 

 

Authorised Signatory

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SERVICE LEVEL REQUIREMENTS

During Supply

The following requirements are required to be complied by the vendor :

a)Only approved brands of batteries should be supplied with the UPSs. The supply of UPS, batteries & accessories should be expedited so as to be positioned in the electrical / designated room at site as specified.

b)The UPSs should carry a comprehensive 36 months onsite warranty from the date of installation of the said UPS system.

c)The batteries should carry a comprehensive 24 months onsite warranty from the date of installation of the respective UPS system.

d)Delivery time of 4 weeks should be adhered to by the vendor for supply. Failure to supply / install within the specified period will attract penalty as specified.

During Warranty Period

During the Warranty period, the vendor has to maintain the following service levels.

a)The UPS / batteries will have to be replaced free of cost with a new one in case of failure during the warranty period.

b)The response time should be 2 hours where vendor has presence and 8 hours for other locations. Delay in adhering to the above timing, will attract penalty as specified.

c)The parts of UPS covered under warranty / scope of work of support during the warranty period must be detailed and submitted along with the tender.

d)In case of a shifting activity of the UPS during the warranty period of the UPS, the charges (if any) for de-installation/re-installation must be specified in the tender. Failure to specify these charges will warrant the vendor to carry out the activity free of charge as required by the Bank.

e)The vendor must carry out quarterly preventive maintenance and obtain a report duly acknowledged by the branch with sign and seal for records.

f)The uptime guarantee should be 99 % calculated on quarterly basis for 24*7 operations.

g)The maximum allowable downtime at single stretch due to UPS failure is 2 hours at locations where vendor’s service centers are available & max 8 hours for other locations.

h)In case of downtime beyond 2 working days, the vendor should arrange free-of-charge a standby UPS of similar capacity or such sufficient capacity so as to cater to the load at site. Failure to

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provide standby will attract penalty @ 0.5% of total invoice value per day, subject to a maximum of 5% of total invoice value.

i)Support should be as per the best industry practice and cover causes of equipment damage like input voltage variations, output load variations, environmental conditions, physical damage, water seepage etc.

j)The vendor should keep spare units at appropriate locations to meet the Service Level Agreement (SLA) requirements.

k)For each SLA violation the warranty coverage for that particular location will be extended by one week, subject to a maximum of 3 months.

During Post warranty period

a)Post-warranty the UPSs (excluding batteries) will be under comprehensive AMC for 36 months as specified in the tender. The rates for AMC will be as specified by the vendor in the commercial bid.

b)In case of replacement of spares / parts out of the warranty of the UPS, the charges for such spares (price list) must be specified by a list to be submitted along with the tender.

c)Charges for de-installation / re-installation of the UPS post-warranty, must be specified in the commercial bid to be submitted along with the tender.

d)All time schedules for support / service of UPSs during the warranty period will be applicable during the post-warranty period also.

e)List of the parts covered / not covered under warranty should be clearly mentioned.

f)In case of downtime beyond 2 working days, the vendor should arrange free-of-charge a standby UPS of similar capacity or such sufficient capacity so as to cater to the load at site. Failure to provide standby will attract penalty @ 0.5% of total invoice value per day, subject to a maximum of 5% of total invoice value.

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CHECKLIST OF DOCUMENTS TO BE SUBMITTED

Sr.

Eligibility Criteria

Supporting Documents

Submitted

No.

 

 

 

(Yes/No)

 

 

 

 

1.

Registered and net profit making firm

Copy of the last three years

 

 

or company for the last three years

audited financial statements

 

 

 

 

 

 

2.

Minimum turnover out of Indian

A self-certified letter in

 

 

 

operations should not be less than

compliance

 

 

 

Rupees Forty Crores in the last

 

 

 

 

financial year from UPS alone as per

 

 

 

 

last year audited financial statement.

 

 

 

 

 

 

 

 

3.

In the business of supplying, installing,

A self certified letter in

 

 

 

commissioning and maintaining of UPS

compliance

 

 

 

Systems in India for last FIVE years

 

 

 

 

 

 

 

 

4.

The production line / unit / factory of

Copy of ISO certification

 

 

 

the brand of UPS System being quoted

 

 

 

 

is ISO 9001:2008 & 14001 certified

 

 

 

 

 

 

 

5.

CE Certified for each of the product

Copy of CE certificate for each

 

 

offered

product quoted

 

 

 

 

 

 

6.

Direct service presence in atleast 15

State-wise list of valid and

 

 

states across the country with

accurate support

center

 

 

presence in atleast 1 state in North

addresses, contact person/s

 

 

with numbers &

the

 

 

East region.

 

 

resolution/response

matrix

 

 

 

 

 

 

for the same.

 

 

 

 

 

 

7.

The bidder should have supplied &

Copy of the Purchase Orders

 

 

supported not less than 250 UPS

(PO) along with the name of

 

 

systems of (5KVA to 120KVA) at

banks/financial institutions,

 

 

various locations of banks /financial

contact person, telephone

 

 

 

institutions having a large branch

number and the locations where

 

 

network geographically spread across

UPSs are supplied and

 

 

 

the country during the last two years.

supported

 

 

 

 

 

 

 

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RFP For Procurement of UPS Systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.

Should be able to deliver, install and

A self certified letter to be

 

 

 

 

commission the UPS systems within 4

submitted for meeting the

 

 

 

 

weeks from the date of purchase

delivery schedule and accepting

 

 

 

 

order.

 

the LD clause along with a copy

 

 

 

 

For late delivery, the LD clause would

of the respective OEM

 

 

 

 

confirming to adhere to the

 

 

 

 

be applicable @1% of the contract

 

 

 

 

delivery schedules.

 

 

 

 

value inclusive of all taxes, duties,

 

 

 

 

 

 

 

 

 

 

levies etc. per week or part thereof

 

 

 

 

 

 

subject to a maximum of 5%.

 

 

 

 

 

 

 

 

 

 

 

9.

The bidder should not have been black

A self certified letter in this

 

 

 

 

listed by any PSB/financial institution

regard.

 

 

 

 

during the last 2 years.

 

 

 

 

 

 

 

 

 

 

 

10.

The OEM/ Authorized Channel partner

Self certified letter certifying –

 

 

 

 

should have technically qualified

having technically qualified

 

 

 

 

engineers who have expertise and

engineers.

 

 

 

 

certification to support the

Letter of Authorization from

 

 

 

 

installations of UPS systems.

 

 

 

 

OEM.

 

 

 

 

 

 

 

 

 

 

The OEM will be required to provide a

Details to be provided along

 

 

 

 

letter of Authorization to the partner

 

 

 

 

for submitting the offer on behalf of

with the support/branch offices

 

 

 

 

the OEM. One channel partner can

as asked for on PAN-India basis.

 

 

 

 

participate only for one OEM vendor.

 

 

 

 

 

 

The Engineers at the support offices

 

 

 

 

 

 

should be provided with a cell and the

 

 

 

 

 

 

support/branch offices should have

 

 

 

 

 

 

telephone/fax with local email facility.

 

 

 

 

 

 

 

 

 

 

 

11.

All forms (Form-1 to Form-6)& other

All Documents and forms as

 

 

 

 

documents of as mentioned in

mentioned in SECTION 7:

 

 

 

 

SECTION 7: CONTENTS AND FORMAT

CONTENTS AND FORMAT OF

 

 

 

 

OF BID should be submitted

BID

 

 

 

 

 

 

 

 

 

 

© IDBI Bank Ltd.

75

I D B I Bank Ltd. RFP For Procurement of UPS Systems

Section 8:Statewise no. of branches proposed to be opened

Sr

 

 

 

 

no

 

 

State

Proposed no. of branches

1

 

 

Bihar

6

 

 

 

2

 

 

Chhatisgarh

13

 

 

 

3

 

 

Jharkhand

1

 

 

 

4

 

 

Odisha

1

 

 

 

5

 

 

West Bengal

5

 

 

 

6

 

 

Assam

6

 

 

 

7

 

 

Meghalaya

2

 

 

 

8

 

 

Nagaland

1

 

 

 

9

 

 

Tripura

1

 

 

 

10

 

 

Sikkim

1

 

 

 

11

 

 

New Delhi

4

12

 

 

Haryana

3

13

 

 

Punjab

5

14

 

 

Rajasthan

7

15

 

 

Uttar Pradesh

13

 

 

 

16

 

 

Uttarakhand

4

 

 

 

17

 

 

Andhra Pradesh

10

 

 

 

18

 

 

Karnataka

6

 

 

 

19

 

 

Tamilnadu

7

 

 

 

20

 

 

Kerala

3

 

 

 

21

 

 

Maharashtra

23

 

 

 

22

 

 

Gujarat

14

 

 

 

23

 

 

Madhya Pradesh

14

 

 

 

**************** END OF TENDER DOCUMENT ***************

© IDBI Bank Ltd.

76