Beruflich Dokumente
Kultur Dokumente
For
Implementation of
Enterprise Resource Planning (ERP)
In Uttarakhand Power Corporation
Limited
Disclaimer
This Request for Proposal (RFP) is for Implementation of Enterprise Resource Planning (ERP)
System in Uttarakhand Power Corporation Limited (referred in the document as UPCL) in the
State of Uttarakhand.
Whilst the information in this RFP has been prepared in good faith, it is not and does not
purport to be comprehensive or to have been independently verified. Neither UPCL nor its
employees, nor any of their advisers nor consultants accept any liability or responsibility for
the accuracy, reasonableness or completeness of the information contained in the RFP, or for
any errors, omissions or misstatements, negligence or otherwise, relating to the proposed
ERP Project, or makes any representation or warranty, express or implied, with respect to the
information contained in this RFP or on which this RFP is based or with respect to any written
or oral information made or to be made available to any of the recipients or their professional
advisers and, so far as permitted by law and except in the case of fraudulent misrepresentation
by the party concerned, and liability therefore is hereby expressly disclaimed.
The information contained in this RFP is selective and is subject to updating, expansion,
revision and amendment at the sole discretion of UPCL. It does not, and does not purport to,
contain all the information that a recipient may require for the purposes for making a decision
for participation in this process. Each Party must conduct its own analysis of the information
contained in this RFP, to correct any inaccuracies therein and is advised to carry out its own
investigation into the proposed ERP Project, the regulatory regime which applies thereto and
by and all matters pertinent to this project and to seek its own professional advice on the legal,
financial and regulatory consequences of entering into any agreement or arrangement relating
to this project. UPCL shall not be responsible for any direct or indirect loss or damage arising
out of or for use of any content of the RFP in any manner whatsoever.
This RFP includes certain statements, projections, targets and forecasts with respect to the
Project. Such statements, projections, targets and forecasts reflect various assumptions made
by the management, officers, employees, consultants, and experts of UPCL, which (the
assumptions and the base information on which they are made) may or may not prove to be
correct. No representation or warranty is given as to the reasonableness of forecasts or the
assumptions on which they may be based and nothing in this RFP is that should be relied on
as, a promise, representation or warranty.
UPCL shall be the sole and final authority with respect to qualifying a bidder through this RFP.
The decision of UPCL in selecting the System Integrator who qualifies through this RFP shall
be final and UPCL reserves the right to reject any or all the bids without assigning any reason
thereof. UPCL may terminate the RFP process at any time without assigning any reason and
upon such termination, UPCL shall not be responsible for any direct or indirect loss or damage
arising out of such a termination.
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Table of Contents
Acronyms and Abbreviations ...................................................................................... 9
About Request for Proposal (RFP) ........................................................................... 12
1. Instruction to Bidders ....................................................................................... 13
1.1 General ............................................................................................................... 13
1.2 Compliant Proposals / Completeness of Response ............................................. 13
1.3 Key Requirements of the Bid ............................................................................... 13
1.3.1 Right to Terminate the RFP Process ............................................................................ 13
1.3.2 RFP Document Fees ..................................................................................................... 14
1.3.3 Earnest Money Deposit (EMD) ..................................................................................... 14
1.3.4 Submission of Proposal ................................................................................................ 14
1.3.5 Authentication of Bids ................................................................................................... 15
1.4 Preparation & Submission of Proposal ................................................................ 15
1.4.1 Proposal Preparation Costs .......................................................................................... 15
1.4.2 Language ...................................................................................................................... 16
1.5 Evaluation Process ............................................................................................. 16
1.5.1 Bid Opening ................................................................................................................... 16
1.5.2 Bid Validity..................................................................................................................... 16
1.5.3 Bid Evaluation ............................................................................................................... 16
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Acronym Description
LAN Local Area Network
LD Liquidated Damages
LOI Letter of Intent
MICR Magnetic Ink Character Recognition
MIS Management Information System
MM Material Management
MPLS Multiprotocol Label Switching
MRV Material Receipt Voucher
MSA Master Service Agreement
NDC No Dues Certificate
NIT Notice Inviting Tender
NOC No Objection Certificate
OCR Optical Character Recognition
ODBC Open Database Connectivity
OEM Original Equipment Manufacturer
PAF Plant Availability Factor
PAN Permanent Account Number
PAR Performance Appraisal Report
PBG Performance Bank Guarantee
PFC Power Finance Company
PGCIL Power Grid Corporation India Ltd.
PKCS Public Key Cryptography Standards
PMT Project Management Team
PO Purchase Order
PTCUL Power Transmission Corporation of Uttarakhand Limited
RDBMS Relational Database Management System
RFP Request for Proposal
RLDC Regional Load Dispatch Center
RTF Rich Text Format
RTI Right to Information
SDC State Data Centre
SERC State Electricity Regulatory Commission
SI System Implementer/Integrator
SLA Service Level Agreement
SLDC State Load Dispatch Center
SME Subject Matter Expert
SOA Service Oriented Architecture
SOAP Simple Object Access Protocol
STN Store Transfer Note
STQC Standardisation Testing and Quality Certification
TDMA Time Division Multiple Access
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Acronym Description
TIF Tag Image File Format
ToR Terms of Reference
UAT User Acceptance Test
UPCL Uttarakhand Power Corporation Limited
UTR Unique Transaction Reference Number
VAT Value Added Tax
VRS Voluntary Retirement Scheme
VSAT Very Small Aperture Terminal
WAN Wide Area Network
TPCEA Third party concurrent evaluation agency
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This RFP document contains the entire information that constitutes the requirement as
proposed by UPCL in order for qualified bidders to submit their proposals. Any queries or
clarifications must be submitted in the prescribed format.
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1. Instruction to Bidders
1.1 General
1. While every effort has been made to provide comprehensive and accurate background
information, requirements, and specifications, bidders must form their own conclusions
about the solution needed to meet the requirements.
2. All information supplied by bidders may be treated as contractually binding on the
bidders, on successful award of the assignment by UPCL on the basis of this RFP.
3. No commitment of any kind, contractual or otherwise shall exist unless and until a
formal written contract has been executed by or on behalf of UPCL. Any notification of
preferred bidder status by UPCL shall not give rise to any enforceable rights by the
bidder. UPCL may cancel this public procurement at any time prior to a formal written
communication being executed by or on behalf of UPCL.
4. This RFP supersedes and replaces any previous public documentation &
communications and bidders should place no reliance on such communications.
1. Bidders are advised to study all instructions, forms, terms, requirements and other
information in the RFP document carefully. Submission of the bid shall be done after
careful study and examination of the RFP document with full understanding of its
implications.
2. Failure to comply with the requirements of this paragraph may render the proposal
non-compliant and the proposal may be rejected. Bidders must:
a) Include all documentation specified in this RFP
b) Follow the format of this RFP and respond to each element in the order as set
out in this RFP
c) Comply with all requirements as set out within this RFP
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4. After opening of the bid (Part-1), evaluation shall be done and the bidder shall be
evaluated for qualification. The list of the technically qualified bidders shall be
displayed on the portal www.uktenders.gov.in.
5. Financial bid (Part-II) of technically qualified bidders shall be opened subsequently for
which date & time for opening shall be intimated separately and the details shall also
be available on www.uktenders.gov.in.
6. The bidders are required to submit following original documents in the office of
Superintending Engineer (R-APDRP Part A), V.C.V Gabar Singh Urja Bhawan,
Kanwali Road, Dehradun-248001 on or before the last date and time of submission of
bids
a) Demand draft of any nationalized/scheduled bank towards the cost of bid
document as specified above in Section 1.4.2
b) Earnest Money Deposit as specified above in Section 1.4.3
c) Agreement of validity on non-judicial stamp paper of Rs.100/- plus revenue
stamp of Rs.1/- as per Annexure - 7 Form - 15
d) An affidavit on a non-judicial Stamp paper of Rs 10/- only, by the bidder regarding
correctness of information/documents furnished with bid document as per
Annexure - 7 Form - 16
e) Power of Attorney in the name of authorized signatory on Rs. 100/- Stamp paper
individually for both SI & OEM as per Annexure - 8
7. Hard copy of the complete bid document is required for reference purpose only. In
case of variation between hard copy and documents downloaded from the portal, the
latter shall prevail.
8. Above mentioned original documents are required to be submitted on or before the
last date and time of submission of bids. In case these documents are received after
the due date and the specified time (including the extended period if any) for any
reason whatsoever, bid shall not be entertained and bid will be rejected.
2. UPCL in no case will be responsible or liable for those costs, regardless of the conduct
or outcome of the bidding process.
1.4.2 Language
1. The proposal should be filled by the bidder in English language only. If any supporting
documents submitted are in any language other than English, translation of the same
in English language is to be duly attested by the bidders. For purposes of interpretation
of the proposal, the English translation shall govern.
1. UPCL will constitute a proposal evaluation committee to evaluate the responses of the
bidders.
2. The proposal evaluation committee constituted by UPCL shall evaluate the responses
to the RFP and all supporting documents / documentary evidence. Inability to submit
requisite supporting documents / documentary evidence, may lead to rejection.
3. The decision of the proposal evaluation committee in the evaluation of responses to
the RFP shall be final. No correspondence will be entertained outside the process of
negotiation/ discussion with the committee.
4. The proposal evaluation committee may ask for meetings with the bidders to seek
clarifications on their proposals.
5. The proposal evaluation committee reserves the right to reject any or all proposals
based on any deviations.
6. Each of the responses shall be evaluated as per the criterions and requirements
specified in this RFP.
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3. Evaluation Criteria
1. The overall objective of this evaluation process is to select the capable and qualified
firm in the business domain of development and customization of standard ERP
system, departmental ERP solutions as per the module requirement, related hardware
and other infrastructure providing associated capacity building, training and
handholding support as well as associated managed services and who will provide a
comprehensive solution towards supply, installation, integration, development,
commissioning, deployment, operation & management of ERP application.
2. First, the pre-qualification proposal will be evaluated and only those bidders who
qualify the requirements will be eligible for next step of evaluation of financial proposal.
Financial proposal of bidders who do not meet the pre-qualification criteria will not be
evaluated further.
3. The bidder can be an individual organization or a consortium of maximum two (2)
organizations meeting the pre-qualification requirement. It should be defined in the
consortium agreement, the name of lead bidder and roles and responsibility of each
consortium members; however, primary responsibility of ERP project delivery will be
of lead bidder. Moreover, ERP application bidder shall only be the lead bidder.
The Bidder (referred as SI-Lead) and the 2nd consortium member (in case of a consortium;
referred as SI-2nd) should meet the QR as mentioned below:
1. Minimum Average Annual Turnover (MAAT) for best three years out of last five
financial years of the bidder should not be less than Rs 8 Crores i.e. 30% of the
estimated cost of the project.
2. Net Worth for the each of the last three Financial Years should be positive. In case
of a consortium, both the SI-Lead and SI-2nd should have positive net worth in each
of the last three audited financial years.
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‘Net-worth’ will consist of ‘paid up equity capital, free reserves, balance in share
premium account and capital reserves representing surplus arising out of sale
proceeds of assets but not reserves created by revaluation of assets’ adjusted for
‘accumulated loss balance, book value of intangible assets and Deferred Revenue
Expenditure, if any’.
4. The bidder must have a minimum of 100 full time resources. Additionally, bidder must
have at least five OEM certified resources of each proposed module of the proposed
ERP product.
In case of a consortium, the requirement may be met jointly by SI-Lead and the SI-
2nd.
5. The Bidder should have been in the IT / Software services for the last 3 years. Further,
the bidder should have successfully implemented at least two ERP Projects of the
offered ERP product in India in last 5 years, which is operational on the date of
submission of bid.
(In case of a consortium, this requirement needs to be met by the SI-Lead.)
The Bidder must have implemented and completed at least one ERP project costing
not less than the amount equal to 20 Crore i.e. 80% of the estimated cost or two ERP
projects each costing not less than the amount equal to 12.5 Crore i.e. 50% of the
estimated cost.
Further, out of above two projects-
At least one number of the offered ERP product must have been implemented in
PSU or Govt. Organization in India.
At least one number of the offered ERP product shall have more than 100 users
base
At least 4 modules out of following functions / modules of the offered ERP Product
must have been implemented (in single project or jointly in above two referred
projects) –
a) Finance
b) Accounting & Controlling
c) Purchasing/Contract and
d) Inventory Management
e) Payroll &
f) Human Resource Management
g) Business Intelligence Reporting
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Total bid value = Total amount with taxes of BoQ1 + Total amount with
taxes of BoQ2
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Apart from the broad objectives mentioned in the above diagram, some other objectives drawn
out of this assignment are listed below:
Automate UPCL processes by implementation of ERP
Reduce cycle times for core business processes
Streamline Reporting and Monitoring across all departments of UPCL
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MIS & Dashboard for Top Management for better decision making.
Improved decision-making due to seamless flow of information across business
functions.
Reduction in the overall cycle time for a project implementation and execution by
Integrated ERP enabled procurement plan. This will save cost in long run as well as
help in capitalizing the same faster.
The availability of the equipment history will help reduce the effort of the employees in
wasting time and resource in compiling the same.
Improved internal processes for all departments within organization.
Data Security & Integrity maintained at centralized place.
Visibility of the inventory and spare parts availability in all stores including the sub
stores at all plants/offices will be a major achievement from ERP. This will not only
help optimizing the resources but also provide options to do several what if analysis
with different scenarios for inventory management.
Improved enterprise resources productivity due to cross-functional integration and
business process optimization. It would significantly improve the productivity ratio of
UPCL such as manpower productivity, assets utilization etc.
Enhanced organizational capabilities to improve credit rating and market visibility due
to adoption of best business processes and business practices.
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5. Scope of Work
An ERP system is envisaged to be a user friendly, comprehensive, integrated information
system designed to manage the overall functioning of UPCL business. The ERP will be a
single unified business information system for UPCL’s resource management and the solution
should be a completely integrated available of-the-shelf ERP product. The system should have
the required depth, breadth and flexibility to provide on-line information access to all the
designated users who will operate the respective business processes. The main ERP system
and database will be residing in UPCL’s data centre at Dehradun. This RFP envisages the
following components of work to be executed by a competent System Integrator (SI) in order
to fulfil the objectives of the proposed ERP system. The major scope of work includes but not
limited to:
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9. The licenses taken for ERP application users, ESS & MSS users, Payroll users etc.
shall get spare if the UPCL employee using these licenses gets
retired/resign/deputation/transfer to non-ERP position and the same licenses can be
used for any other employee.
10. UPCL, at its discretion, shall distribute the above mentioned user licenses within the
organization. There shall not be any restriction in use of functions/modules in each
named user license. UPCL shall have right to conveniently distribute these full use
ERP licenses across the functions at the corporate office or other site offices as per its
need.
11. ERP Licenses of various types shall be supplied as per below table. Any additional
license required (if any) for integration of proposed ERP application with third party
system shall be in scope of SI. However, bidders have to quote for ERP license
requirement as per bill of material.
Sr. No. Items No. of
Users
1 ERP application licenses for all modules in scope of work 500
including development, transaction, super user, employee
self-service & manager self-service users
2 Employee self-service (including manager self-service) users 500
– excluding at sr. no. 1
3 Payroll users for UPCL employees 2841
4 Payroll users for retired employees (pensioners) 1159
5 Business Dashboard for top management 5
6 Business Dashboard for UPCL officials (Concurrent users) 15
7 RDBMS License DC &
DRC
Note: Business dashboard licenses as mentioned in Sr. No. 5 in above table are
required for top management, however it is up to the bidders to decide on
requirement of additional server/database to meet this requirement as UPCL will
check the performance of proposed solution infrastructure as per performance and
SLA criteria mentioned in RFP document.
4. The SI should propose all required functions from a single ERP suite to meet UPCL
requirements. In case of any specific function not available in the proposed standard
ERP, bidder may propose additional modules or third party add-on tools, but the same
shall be tightly coupled with proposed ERP suite.
5. The configuration of ERP application at DC/DRC shall be in scope of system integrator,
however, existing FMS vendor will provide coordination support.
6. SI shall takeout and review the report having no. of ERP licenses configured for ERP
application from the ERP system and shall inform UPCL in writing if no. of configured
users is more than the no. of licenses taken. If SI fails to bring the same in UPCL’s
knowledge and there are OEM compliance issues during that period, the same shall
be responsibility of SI.
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10. A team of technical experts nominated by UPCL will conduct a thorough physical
inspection of all the products delivered along with invoices, onsite support cards,
warranty and booklets to ensure that they arrive at the sites in good condition and are
free from physical damage including but not limited to crushed or broken equipment,
missing seals, opened packages and incomplete shipments.
11. The UPCL reserves the right to return such products to the SI at the SI’s expense. This
equipment’s will only be acceptable as correct when each received item corresponds
with the checklist that will be prepared by the SI prior to shipment. Any shortfalls in
terms of number of items received may render the delivered equipment incomplete.
12. All the supplied hardware should be installed through the engineers from respective
OEM/ASP of the OEM. The installation reports should be in the OEM authorized
format.
13. The SI shall ensure that the products (hardware/software etc.) quoted are not at the
“End of Life/Sale for 1 year” as on bid submission date. If in case the support for the
product quoted has been stopped/withdrawn till the time of delivery of equipment, the
same will be changed with the same or higher product at no extra cost. However, OEM
has to ensure product support for 5 years once product is declared end of life/sale and
SI shall be required to provide undertaking in this regard from OEM. The support
including spares, patches for the quoted products shall be available for the entire
period of the project without any additional cost to UPCL. If at any point of time during
the contract period, it is found that the product is out of support within the specified
time, the vendor is liable for upgradation/replacement of product.
14. A 24*7 comprehensive warranty for 6 years from the date of supply and maintenance
support from OEM for rest of the contract period for all equipment(s).
15. During the contract period, SI shall replace or augment or procure higher‐level new
equipment or additional licenses at no additional cost in case the procured hardware
or software is not adequate to meet the service levels and performance criteria.
16. If during the contract period, any equipment has a hardware failure on two or more
occasions in a period of less than three months, it shall be replaced by equivalent or
higher‐level new equipment by the SI at no cost.
17. System Integrator shall go through the existing data centre hardware, network &
software components placed at Annexure - 3 and may use them to optimize the scope
of proposed hardware & software items.
18. System Integrator may visit existing data centre of UPCL for getting an exact
understanding of the existing architecture for taking an insight to size the
proposed DC/DRC infrastructure.
19. The above DC/DR infrastructure requirements shall be read along with clause 7.7. of
chapter - 7 on Technical requirement specifications.
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5.6 Testing
1. Design & preparation of test script, test data, trial run and arranging acceptance testing
of all modules.
2. Conduct unit testing, integration testing, user acceptance testing, load testing,
performance testing (as per performance criteria defined in Schedule – IV, SLA) and
stabilisation testing. The software license/tool required to perform above stated testing
as per the proposed ERP solution, shall be the responsibility of SI. The details of
software testing tool/license shall be provided in unpriced bill of material.
3. The details related to testing requirements is provided in Chapter - 9.
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taken over and above the defined quantity in bill of material during the entire contract
period without any additional cost.
5. SI shall create master data of additional employees added during entire contract period
without any additional cost.
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Basic data like Material No, Item Description, UoM, status, origin, type,
conversion factors, ownership details etc.
4. Inventory management data i.e. material history, ABC classification, inventory
location etc.
Purchasing data i.e. purchase rule, tax/duties rule, ordering batch size etc.
Costing data i.e. standard price, moving average price, weighted average price
etc.
Criticality
Ability to support item groups or categorization of material into material groups, type
5.
and location etc.
Ability to support approval workflow and automatically trigger material data
6.
authorization upon material data entry
7. Ability to modify material details and resubmit for approval
8. Ability to track material authorization status pre and post approval
Ability to track changes made to material record with details of changes made, changing
9.
entity and approver of changes
10. Ability to reject material record and update material record status with reasons
11. Ability to link material to vendor / supplier details
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340. Ability to provide any additional comments before submitting the travel request
(lowest fare/berth preference)
341. Ability to approve/decline/modify travel request of employees by approving
authority (Link with ESS)
342. Ability to check status of approval/decline of travel requests
343. Ability to resubmit travel requests if declined
344. Ability to notify Travel Desk of approved travel requests submitted
345. Ability to create request for booking of taxis for Local/domestic Travel
346. Ability to approve/cancel/modify requests for taxi bookings
347. Ability to create, change, display, review and release travel advances
348. Ability to provide expenditure reports for separate cost centers
349. Ability to provide reports on employees for whom travel request has been
approved/declines/modified
350. Ability to provide reports on all past travel requests with details on travel advance
cleared/per-diem/allowances claimed and actually paid
351. Ability to raise request for expenses such as medical reimbursement/travel
reimbursement/stationery/local conveyance etc.
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General Ledger
1. Ability to provide the facility to have multiple, independent general ledgers/
schedules
2. Ability to allow information to be consolidated within and across general ledgers
for (month end) reporting purposes
3. Ability for each General Ledger (GL) to be capable of supporting and be fully
integrated with sales, purchase, stock and management accounting ledgers and
cashbook
4. Ability of each sub-ledger to relate to a separate control account in the general
ledger
5. Ability to open Memorandum Accounts for recording financial information
6. Ability of automatic posting (Postings to sub-ledgers should result in automatic
postings to the control accounts in the general ledger)
7. Flexibility to accommodate current and any proposed chart of accounts structure
and corporate/field organization structure
8. Option to have centralized or de-centralized account maintenance of chart of
account value
9. Ability to have parent-child hierarchy in chart of account values.
10. Addition /deletion of any account code should be restricted.
11. Ability to provide facility to amend and delete the entities (e.g.: Capture short as
well as long description of accounts)
12. Ability to manage Multiple foreign currency transactions
13. Ability to display GL account balance in multiple views as follows:
Statutory
Responsibility (e.g. strategic business unit, Area Office/departmental
reporting)
Geographical
14. Ability to hold balances for multiple ledger types such as:
Actual
Budgeted
Forecast
Taxation
Tariff &
As per requirement
15. Ability to allow enquiry by:
account codes and names
wild search
specific range of period, year and month batch entry number
16. Capability of the system to display:
Online at least 5 years of history for account balances and posted
transactions
Account activity including opening balance, movement for the period,
closing balance and year to date balance
Breakdown of balances by drilling down to source document
17. Ability to store balances for future years
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RFP for Implementation of ERP System in UPCL
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RFP for Implementation of ERP System in UPCL
91 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
92 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
93 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
The SI will perform a business study and prepare business design documents with required
process re-engineering, process enhancements and gap-fitment analysis to map all business
requirement of UPCL in the ERP system. The SI is expected to conduct workshops, give
detailed presentations on the business design, which will include the gap analysis and specific
recommendations for adoption of new improved business processes by UPCL.
UPCL shall constitute a project governance structure with adequate representation from
various departments to review the recommendations of the SI and accord necessary approval
for the business design report and business process re-engineering measures to be adopted.
The objective, approach and methodology of business design should ensure the following four
steps:
The SI shall submit a business blueprint document covering complete requirement for
approval of UPCL.
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RFP for Implementation of ERP System in UPCL
95 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
8. The SI shall be responsible for making sure that all the above considerations are
adequately met. The SI shall deliver an architecture document covering the above
aspects.
9. The SI shall make necessary provisions for management reports, dashboards,
business intelligence tools and Data migration in line with the expectations of users
provided in the functional requirements.
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RFP for Implementation of ERP System in UPCL
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RFP for Implementation of ERP System in UPCL
52. System should provide user and user group authorization administration tool to assign
security levels to functions and data, and allow the access by users/ by groups with
valid security level only.
53. System should have the feature of automatic log-off if there is no user activity for a
specified time period.
54. The ERP Product to include data warehousing/ business intelligence tools. It means
that the proposed ERP application shall have data warehousing/business intelligence
tools within
55. The ERP product should provide for inbuilt Embedded Analytics without having the
need to take the data to a data warehouse and run analytics.
56. Ability to create custom objects/ formulas for repeated use in reporting tool. The
requirement is to make best use of custom objects/formulas for repeated use for
reporting.
57. Capability to generate user-friendly reports across all modules, which shall be
meaningful, consolidated and concise, could work as an effective tool for top
executives for decision-making. Most of the report formats will be finalized during BBP
phase with successful bidder. SI will make necessary changes in doing the
customization of those reports.
58. System should have the ability to drill down to all kind of possible reports.
59. System should have the ability to preview any document or report before printing.
60. System should have the ability to send any document through email from within the
system
61. The database should provide controls over who, when, where and how applications,
data and databases can be accessed.
62. Audit trail should also be maintained at database level for any changes made in
database and it should be ensured that these audit trails cannot be manipulated by
anyone including super users and DBAs.
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5. Currency: All functionalities MUST display, calculate, and transmit data in Indian
currency format (e.g. 3, 20, 00,000/-).
Platform Flexibility
1. Web-centric, multi-tier architecture shall be used.
2. Open standards and interoperability shall be considered.
3. XML, JSON based standard or latest standards shall be used wherever applicable.
4. Compliance to SOA and web-services.
Interoperability
1. Usage of standard APIs.
2. Service-oriented architecture (SOA) based.
3. Support for multiple industry standard databases with ODBC, JDBC, Unicode, XBRL
compliance or with latest databases.
Usability
1. Applications should comply with Guidelines for Indian Government Websites (GIGW).
However, the list below is just for reference and is not to be treated as exhaustive.
2. Public key verification methods should be followed for verifying that the contents of a
document have not been tampered with, and allowing the receiver to confirm the
identity of the sender.
3. The applications should require the use of unique user IDs and passwords for
authentication purposes and digital signatures, Biometric and other devices as
applicable.
4. The application should allow for the following:
a) The enforcement of password standards
b) The establishment of a specified period for password expiration, and
c) The prohibition of recent password reuse.
5. System administrator should be able to define functional access rights and data access
rights by assigned user ID, functional role, owner department etc.
6. The systems should permit the system administrator to assign multiple levels of
approval to a single user.
7. System administrator should be able to permit access to sensitive data elements by
named user, groups of users, or functional role etc.
8. System should be auditable as per requirements from time to time.
9. System should have audit logging capability to record access activity, including but not
restricted to the following:
a) All log-in/log-out attempts by user and workstation
b) User-submitted transactions
c) Initiated processes
d) System override events and direct additions, changes, or deletions to
application-maintained data
10. System should provide the ability to query the audit log/trail by type of access, date
and time stamp range, user ID, IP address, physical & terminal ID, files/record
modification etc.
11. All the information assets (information and information systems) should be classified
and security should be defined according to criticality of the information asset. All the
data / information contained within systems or in hard copies related to this project, are
owned by UPCL. No information should be made public either directly or indirectly nor
allowed to be accessed by unauthorized persons.
12. System audit should be enabled for all the information assets to establish detective
controls. System should have evidences, like audit trails, logs, registers, proof of
background checks, approvals from UPCL or its designated agency, support for
various decisions, support for accounts etc. for the purpose of third party security audit.
13. Should have system development and change control procedures including effective
segregation of duties under different environments.
14. Proper protection against malicious software should be ensured. This would include
implementation of an effective anti-virus solution, scanning viruses at regular intervals
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or on certain triggers and updating the solution, as and when new patch is received
from the anti-virus solution provider. However, the antivirus solution will be provided
by UPCL, same shall be installed and implemented on ERP H/w by bidder.
15. Should have proper logical access security for all the information assets. Entire
network including servers, communication links, database etc., should be logically
segregated from rest of the networks.
16. Shall support UPCL in implementation of suitable technical and procedural controls to
protect the network. Wherever the ERP project network comes in contact with an
untrusted network, additional security measures should be recommended/suggested
like firewall, IDS, DMZ, proxy server, encryption etc.
17. Should have a business continuity plan and a disaster recovery plan that should be
implemented before commencement of the operations. Robust backup
policy/procedures should be established for the same.
The bidders will have to submit a confirmation with regard to above, from ERP OEM on
their Letterhead signed by their authorized signatory and upload with techno-
commercial bid.
OEM audit is responsibility of SI. If SI is not able to get the OEM audit completed in time, delay
shall be on SI part.
1. The SI shall extend all support to UPCL nominated TPCEA for evaluation of all the
operational functionalities (business blueprints) of the proposed modules, various
documentation and deliverables reports and IT infrastructure/ hardware provided by SI
as per contract.
2. The SI will take corrective action on any deviations from the norms, standards or
guidelines at the earliest instance, after noticing the same upon the recommendation
of the TPCEA.
1. Communication plan listing all stakeholders in the project, defining their roles and
responsibilities.
2. All Architecture documents, design documents and, testing and deployment manuals
etc.
3. Quality assurance plan stating the planned actions to ensure satisfactory delivery
conforming to functional and technical requirements of ERP system.
4. Test plan-containing information on the software test environment to be used for
independent testing, the test cases to be performed, and the overall testing schedule.
This includes, schedule, resources, tools, procedures, environment definition, test
cases, and software test results.
5. Operations Manual providing instructions for installing the application, troubleshooting,
interpreting message logs, and FAQs (Frequently Asked Questions).
6. User Manual (online or downloadable content) providing detailed instructions in the
form of a narrative on how to use the application. In addition, it shall describe how to
access, submit inputs to, and interpret outputs from the application.
7. A Data dictionary listing out all the data elements and their interpretations shall be
prepared.
8. The SI shall maintain all documentation related to the ERP system including software
artefacts and database with adequate requirement traceability matrix and version
control.
9. SI shall submit the hard copies of following documents to UPCL at minimum:
a) Architecture document (2 Nos.)
b) Testing and deployment manuals (2 Nos.)
c) Quality assurance plan (2 Nos.)
d) Operations manual (2 Nos.)
e) User manuals (5 Nos.)
f) Data dictionary (2 Nos.)
8. Data Digitization
This section details out the requirement of data digitization w.r.t. UPCL’s requirements
1. Data digitisation work like data entry and data migration will be the sole responsibility
of the SI.
2. Software for data entry: Software for data entry shall have following minimum
features.
a) Software shall be available on web, android and IOS enabling data entry from
device as well as web portal
b) Software shall allow creation of different data entry forms in Mobile App and web
portal
c) Software shall have a systematic way to register the web services in the system
and shall allow utilization of the data directly from third party
software/Apps/Modules
d) Software shall allow exporting reporting in Excel/PDF/HTML format
e) System shall allow rule based and regular expression based data validation
3. Autocorrect software and logics to be used.
4. Language of data entry: Hindi/English.
5. Place/Location of data entry: as directed by UPCL Head Office. Bidder has to arrange
all necessary facilities not limited to computers & other hardware at its own to carry out
the data digitization activity at agreed location/site. Electricity, power backup, water
etc. will be provided by UPCL at its premises.
6. SI manpower shall visit every office of UPCL (approximately 70) w.r.t. data collection
for the finalized data to be entered and migrated in ERP system. Following will be in
scope of SI:
a) Preparation of data templates
b) Assessment of data already available in soft copy in legacy system. The size of
legacy data in soft form is approximately 12 GB and the data is available in
Oracle database.
c) Finalize that data for migration in new system
d) Collection of remaining data (not available in soft copy) from field offices
e) Data entry in the required format at field office itself
f) Get the data verified and validated by concerned official in charge
g) Data collection activity shall be started as soon as data parameters w.r.t. various
modules are finalized during BBP Phase
7. Data collection from field shall be responsibility of System Integrator, however following
mechanism shall be used to collect data from field offices.
a) A confirmed schedule will be sent to field offices for SI visit for data collection
15 days prior to visit
b) Data templates prepared by SI shall also be sent along with schedule to field
offices
c) A training and handholding of SI manpower deputed for data collection from field
will be conducted at UPCL head office at Dehradun.
d) During the training, “UPCL & SI along with PMA” will make SI manpower clear
about data templates, data to be captured etc. so that SI manpower is
conversant with the terminology of data to be captured
e) The visit to field offices is capped to two (2) times if officer is not available as
per schedule sent to field offices
f) If officer is not available for more than 2 times, data files to be made available
at centralized location (Dehradun) will be the responsibility of UPCL
8. The bidder shall provide the deployment plan in their technical proposal to cover the
above stated activity within time schedule as per implementation schedule as
mentioned in Chapter – 13.
9. The bidder has to deploy the required sets of workable set of computers and data entry
operators for completing the data entry assigned to them with in mentioned timeline.
10. Bidder should take good care of all Government records and will be responsible for
security of the record from time of receipt to time of delivery.
11. The bidder should not accept illegible record. Non-readable record at the time of
returning of the data will be considered as damaged record.
12. Process to ensure data integrity - selected system integrator is responsible for the
digitized data integrity; however individual department will be given the ownership for
validation and verification of data entered in system.
13. The bidder should ensure 100% data accuracy.
14. Random checking will be conducted by the officer/agency appointed by UPCL.
15. SI may sub-contract data digitization work to a suitable third party with due approval of
UPCL, however, the sole responsibility of data to be digitized will be of SI.
16. The SI shall ensure that data migration is complete in all respects and the activities are
completed in time so that all the requirements of implementation are fulfilled. All
specifications that are needed to populate the data into the new ERP system need to
be defined by SI. SI shall develop the data migration templates and will carry out the
migration of legacy and new data elements to the ERP system. This shall include but
not limited to the following tasks:
a) Identification & development of the data upload/download programs with the
help of data migration tools
b) Creation of data extraction programs in the legacy systems to convert the data
into the format as required by ERP system
c) Integration testing of the configured system using the populated master and
transaction data
d) Assistance in checking data quality and Integrity
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17. Data entry of master and transactional data shall be in scope of bidder. The following
minimum data shall be entered in system for successful implementation of ERP
application at UPCL. However, if system integrator based on his experience requires
some more type of data needs to be entered in the system, the same shall be
provisioned by SI. Master data w.r.t. HRMS system, Finance & accounting system,
stores, purchase etc. like
a) Employee master,
b) Payroll master
c) Material master
d) Asset master
e) Vendor master
f) GL master
g) Organization hierarchy
h) Fund master
i) Service master
18. Transactional data w.r.t. various modules needs to be entered in system for a cut-off
date decided by UPCL shall be entered in system.
19. The size of legacy data in soft form is approximately 12 GB.
The SI shall be responsible for the testing processes such as planning (includes preparing
test plans and defining roles and their responsibilities), preparation (consists of preparing test
specification, test environment and test data) and execution (includes testing at various levels
like unit level, integration level, system level and production).
Test plans are prepared for each phase of testing. The initial test plan is created during the
Project Planning phase. The initial test plan describes who performs which type of testing and
when. Ideally master test plan covers all types of test i.e. from unit testing to production testing.
The SI is expected to submit the test plans to Utility for approval. Any changes made to the
test plan during the project life cycle should be communicated to UPCL for approval.
The SI shall prepare test scenarios for each business scenario. A test scenario when executed
should fulfil a business requirement as per the scope of business functionality. Test scenarios
include following:
1. Test specification: During the test specification phase, the test cases are specified.
It consists of description of the input, process to be executed and a prediction of output
results.
2. Test environment: Component developer does unit testing and integration testing.
Integration testing can be delegated to a specialized testing group. Each of the
members in the testing group is provided with testing environment according to his/her
role and responsibilities. Following is sample testing environment for testing:
a. A workstation
b. A set of tools and applications required on workstation like access to user
interface, browser etc.
c. Access to centralized document database (where all the project related
documents are maintained)
d. Access to testing tools and defect logging tools
e. Access to the central database or repository for development and unit testing
(this database contains sample test data)
f. Access to deployed components
3. Test data: Test data is prepared for testing at each stage. The test data should be
prepared in such a way that it covers basic path and every alternate path of the code.
The basic path and alternate paths are prioritized to capture relevant data. Tools can
also be used to generate test data.
The following testing steps are usually employed in the project lifecycle. The SI is expected to
follow these steps.
1. Unit testing: In unit testing, each piece of code has to be rigorously tested. At this
stage testing is done according to the priority of path of code. All the test results are
logged in the defect logging tools. After completion of testing, code is corrected for
defect logs. This process is iterative till criteria for successful testing is reached.
2. Integration testing: Upon completion of unit testing, integration testing begins. The
purpose is to ensure distinct components of the application still work in accordance to
customer requirements. Test sets will be developed with the express purpose of
exercising the interfaces between the components. This activity is to be carried out by
the Test Team. Integration test will be termed complete when actual results and
expected results are either in line or differences are explainable/acceptable based on
client input.
The selected bidder/contractor shall, after development and
customization/configuration of the ERP Solution, conduct tests to demonstrate that the
system meets all the requirements (functional and technical) specifications as brought
out in this RFP and would be in accordance with the procedures detailed in approved
To-Be process document.
3. User acceptance testing: During the test scenarios definition, for each of the
business scenario, an acceptance criterion is defined. Acceptance criteria include
expected behaviour of the s/w component and the expected results (data). Expected
results form a part of the exit criteria. In addition to expected result and behaviours,
some conditions are also specified in the exit criteria. They can be:
a. Number of bugs to be discovered for a functional module. This depends on size
of the functionality and is an indicator of amount of testing done.
b. If any medium or low-priority errors are outstanding - the implementation risk
must be signed off as acceptable by UPCL and SI
c. SI needs to get the acceptance criteria approved from UPCL for all the
functional components of the system. The acceptance criteria for each release
into production environment will be agreed upon by SI in consultation with
UPCL prior to release from testing to production environment.
d. After installation, if any bug is reported or there is non-compliance to
requirements then a proper procedure should be followed. End-user should
report (“Change Request”) to his/her supervisor about the bug that will in turn
get forwarded to Project Manager (PM). PM will forward the List of change
request to SI. After the bug is fixed, it should be reflected in the production copy
after testing it.
4. System testing: System testing is performed when all the components are delivered
to central repository prior to the release of the software. The testing is done on priority
basis of business processes. All the defects are logged and assigned to respective
component owners. The component and unit testing is performed after the correction
of code. However, it may depend on size and type of individual test specifications.
Impact analysis is useful to narrow done testing efforts by identifying critical test cases
affected due to code change.
a. Load testing: Once, system integration testing of the configured and
customized solution has been conducted successfully, load, scalability and
stress testing would be conducted prior to commissioning and Go-Live. The
bidder should use suitable simulation tools in accordance with the agreed test
procedures keeping in view UPCL’s projected future load of transactional users
as mutually agreed with UPCL. After successful testing and its approval by
UPCL, the solution would then be considered as ready for Migration and Go-
Live.
b. Installation testing: Testing full, partial, or upgrade install/uninstall processes.
The installation test for a release will be conducted with the objective of
demonstrating production readiness. This test is conducted after the
application has been migrated to the client’s site. It will encompass the
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Following activities are envisaged as part of capacity building & change management aspect:
1. SI will conduct training need assessment of UPCL users. Training needs should be
continuously refined and reconfirmed with UPCL users and implementation team as
per project progress and requirements.
2. SI will prepare detailed training strategy, plan, training schedule and course material
based on training requirements during different phases of the project.
3. All training charges like the training material for trainees, boarding & lodging, travel
charges etc. for trainers shall be borne by SI.
4. Post training, SI will conduct a training assessment along with UPCL to assess the
effectiveness of training. If the assessment is not satisfactory to UPCL, SI will repeat
the training process.
5. Industry standard / OEM recommended training tools / materials will be used by the
bidder.
6. Adequate training materials such as training manual, practice guide, quick reference
guide will be provided by bidder in both hard copy and soft copy to every trainee.
7. Training material should cover subjects like ERP fundamentals, standard
functionalities, UPCL relevant configured system, technical training, job / activity wise
training etc. as per agreed plan and requirements.
8. SI will not be responsible for providing training infrastructure viz. training hall, PCs,
internet, etc. All such infrastructure will be provided by UPCL.
9. Training Location will be at corporate office at Dehradun as well as at Haldwani or
Rudrapur.
Training will need to be carried out at the following levels at UPCL by the System Integrator.
Following type of trainings are envisaged to be covered under the scope of this project,
however, SI will recommend the training level of trainee & no. of participants and batch size
based on the ERP user Licenses as required by UPCL in this RFP.
purpose shall be made available to each of the nominated IT team member of UPCL, as per
their respective technical role/ module.
UPCL considers that implementation of ERP will have significant impact on its business
processes and people. Effective change management activities will be required to ensure that
UPCL employees are aware about the ERP project and the change in work practices. SI will
be required to carry out following activities as part of change management initiatives:
1. Prepare a detailed change management strategy and plan covering the entire life-cycle
of the project.
2. Provide support to UPCL in identifying change managers and change expert.
3. Conduct change management workshops at corporate office and agreed locations.
4. Identify process level changes and/or role level changes due to ERP implementation
and support UPCL in conveying the same.
5. Prepare change management related materials such as newsletters, booklets etc.
5. Highlight the ease of working in the new system with better technology and simpler
processes.
SI has to deploy specialised and trained manpower for the successful and timely completion
of the ERP implementation Project at UPCL for a period of 20 months including Go Live period
& Post Go Live stabilization period. It is therefore mandatory that the key personnel in the
team have the following minimum qualification and work experience.
1. Project Manager
a) SI Shall provide at least one (1) Project Manager to manage the entire project.
The Project Manager should have at least 2 ERP (offered product) end-to-end
implementation experiences as a Project Manager (having experience in at
least 2 modules out of the proposed modules in current scope of work), out of
which, at least 1 ERP project implementation should be in Govt. / PSU/ Power
Sector in India. The CV of the proposed Project Manager will be verified by
UPCL during the project kick-off meeting.
b) Minimum total experience of project manager shall be of 10 years.
2. Functional Consultants
a) SI should provide at least one (1) functional consultant per function for UPCL
(as listed below), each functional consultant having at least one ERP end-to-
end implementation experience in Power Distribution Utility:
i. Human Resource Management, Payroll and Employee Self-Service
(ESS)
ii. Finance and Accounting
iii. Material Management (Stores & Purchase)
b) Minimum total experience of functional consultants shall be of 5 years.
3. Technical Consultants
a) SI should provide technical consultants required for programming, System &
Database Administration, report writing, testing, data migration etc. as required
for the successful implementation of the project.
b) Each technical consultant should have at least 1 end to end ERP
implementation experience in the offered product.
c) Minimum total experience of technical consultants shall be of 5 years
All the proposed manpower of the SI for the ERP implementation at UPCL during this phase
must be mandatorily having a B.E. /B. Tech/ MCA/M Tech/ MBA/CA degree or equivalent
degree in relevant field. The bidder needs to submit detailed CV’s of each of the consultants
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RFP for Implementation of ERP System in UPCL
and Project Manager of the proposed project team as per Form - 10 of Annexure - 7. Project
team to be provided by the SI must be on their regular roll and SI shall certify the authenticity
of their regular employment.
a) At least three (3) functional and technical consultants per month to be deployed
onsite at UPCL during the O&M period.
b) At least one (1) additional consultant for helpdesk support to take calls and
raising tickets and resolution of the same thereafter in system with a minimum
experience of 3 years.
All the deployed consultants must be having an experience of at least 1 offered ERP project
implementation except “sr. no. b” above.
All the proposed manpower of the SI for the ERP implementation at UPCL during this phase
must be mandatorily having a B.E. /B. Tech/ MCA/M Tech/ MBA/CA degree or equivalent
degree in relevant field. The bidder needs to submit detailed CV’s of each of the consultants
and Project Manager of the proposed project team as per Form - 10 of Annexure - 7. Project
team to be provided by the SI must be on their regular roll and SI shall certify the authenticity
of their regular employment. Minimum total experience of functional & technical consultants
shall be of 5 years.
For smooth running of the system & day-to-day functioning, it is of paramount importance that
adequate transfer of knowledge to the core team members of UPCL takes place. Towards
this, the SI should mentor UPCL core team members who will be responsible for doing any
configuration changes independently. SI need to take the responsibility of creating post-go-
live support strategy. The objective of this exercise is to ensure that UPCL builds in-house
competencies to maintain the ERP solution in the long term without dependency on external
consultants.
The SI needs to provide the operational and maintenance support for the systems that are
implemented and being used before Go Live. The SI must provide a Centralized Helpdesk
and Incident Management Support at UPCL till the end of contractual period. During the
operations and maintenance phase, the System Integrator should:
1. Ensure that all necessary measures are taken for the smooth operation of the ERP
system.
2. Ensure that persons from UPCL support team are duly trained and prepared in a
progressive manner so as to operate the system on their own, with a view to eventually
takeover operations at the end of contractual term.
The table presented below is indicative of the level of support expected. It may be used as a
base and be fine-tuned to describe the kind of support that can be offered. System Integrator
must have the ability to comply with the following levels of support desired by UPCL or propose
comparable alternatives if any.
3. Provide free updates, fixes, scripts & patches of the ERP software and tools to UPCL
within 30 working days of its release by the ERP product vendor.
4. Technical support for installation of any patch or product upgrades.
5. Periodic site visits, if required.
5. Setting up and operations of centralized help desk as mentioned in this RFP document
and provide necessary support for the resolution of bugs, patches & upgrades of the
solution.
6. Submit documents & deliverables as defined in the RFP.
7. Ensure availability of other infrastructure components for conducting training programs
like training material, handouts etc.
8. Ensure training material for trainers to train the other users of UPCL as mentioned in
this RFP.
9. Delivering training for UPCL employees.
10. Coordinate in recovery of data in case of failure of DC/DR.
11. Data Digitization/Migration as mentioned in this RFP document.
12. During the maintenance phase, the responsibility of overall system and version control
will continue to be vested with SI only and should not be outsourced.
13. Provide onsite handholding as mentioned in this RFP document.
14. Coordination with data centre, network service provider for smooth implementation of
ERP System.
15. Regular backup of the solution data as per backup policy.
16. Generation of MIS reports as per the requirements of UPCL.
17. Generation of the report for the monitoring of SLAs.
18. Providing Help features on the application modules that can be used by users such as
Frequently Asked Questions (FAQ) etc. as mentioned in this RFP.
19. Extract and provide RTI information pertaining to data available in ERP database.
20. Any Other requirement to ensure smooth implementation & operations of ERP
Application.
9. Help in laying down a set of guidelines, following accepted norms/best practices and
e-Governance standards, if not present already, for the testing and certification in all
aspects of project development and implementation covering software, hardware and
networking. This includes the processes relating to the design of systems and sub-
systems, coding, testing, business process.
10. Ensure that all relevant guidelines are being followed and to avoid large-scale
modifications pursuant to testing done after the application is fully developed.
11. Establish appropriate processes for notifying the SI of any deviations from the norms,
standards or guidelines at the earliest instance after noticing the same to enable them
to take corrective action.
12. Ensuring full knowledge and systematic application guidance to the System Integrator
in the initial stages and the testing and approval of the deliverables at the intermediate
stage and finally the monitoring and analysis of reports.
13. Monitoring the Project Implementation Activities on day to day basis.
14. Review the deliverables/documents submitted by SI and ensure its conformance to
standards.
15. Monitoring of overall timelines, SLAs and calculation of penalties accordingly.
The SI is expected to follow the schedule as mentioned. The SI, related to that milestone,
should accompany each of the milestones with a presentation on the deliverables. The SI will
consider the submission of deliverable complete only after the submission of the hard / soft
copy of the deliverable and the presentation.
The SI must submit a detailed schedule for the below mentioned milestones and deliverables
(but not limited to) that would be delivered during the course of the project implementation.
The table gives a set of high-level activities and corresponding deliverables expected, which
UPCL envisions to be required as part of this project. The SI should use this list only as
guidelines in terms of expected deliverables. The SI is required to furnish detailed information
regarding each deliverables of every step of activities proposed during and after the
implementation of the project.
At least one (1) hard copy of each deliverable shall be submitted to UPCL for acceptance and
taking sign-off.
To streamline the project implementation activities, UPCL will closely monitor each deliverable
as per timelines provided in below implementation schedule. However, in case of an
appreciable delay in milestone timelines, UPCL shall issue notice to SI for non-performance
and to take appropriate measures for completion for delayed milestone. In case of repeated
default, UPCL shall serve show cause notice to SI for termination of the contract and forfeiture
of performance bank guarantee.
The “Date of Completion” as mentioned in the below table is the date by which the deliverable
shall be submitted to UPCL.
bidder without giving any notice. UPCL shall invoke the performance guarantee in case
the selected bidder fails to discharge their contractual obligations during the period or
UPCL incurs any loss due to System Integrator’s negligence in carrying out the project
implementation as per the agreed terms & conditions.
15.1.14 “Service Level Agreement” (SLA) shall mean the Service Level Agreement
entered into between the purchaser and the supplier.
15.1.15 “Subcontractor” means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted assigns, to
whom any part of the goods and services to be supplied or execution of any part of
the related services is subcontracted by the supplier, as per the provisions of clause
15.20 of the GCC.
15.1.16 “Supplier” means the empanelled System Integrator (SI) whose bid to perform the
contract has been accepted by the purchaser and is named as such in the
agreement, and includes the legal successors or permitted assigns of the supplier.
15.1.17 “The MoP” is the Ministry of Power, Government of India.
15.1.18 “The Site” shall mean all identified locations within the State of Uttarakhand, where
the supplier carries out any installation of goods and services or is required to
provide any related services.
15.1.19 “OEM” means the Original Equipment Manufacturer of any equipment / system /
software / product that are providing such goods and services to the purchaser
under the scope of this bid / contract.
15.1.20 “Kick Off Meeting” means a meeting convened by the purchaser to discuss and
finalize the work execution plan and procedures with the supplier.
15.1.21 The term “in writing” means communicated in written form with proof of receipt
15.4 Interpretation
15.4.1 In this contract unless a contrary intention is evident:
a) The clause headings are for convenient reference 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 the plural and a word in the plural includes
the 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) In the event of an inconsistency between the terms of this contract and the
bid document and the proposal, the terms of this contract hereof shall
prevail.
j) Whenever a material or article is specified or described by the name of a
particular brand, manufacturer or trade mark, the specific item shall be
understood as establishing type, function and quality desired. Products of
other manufacturers may also be considered, provided sufficient information
is furnished so as to enable the purchaser to determine that the products are
equivalent to those named
15.4.2 Incoterms: The meaning of any trade term and the rights and obligations of parties
thereunder shall be as prescribed by Incoterms.
a) EXW, CIF, CIP, and other similar terms, shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International
Chamber of Commerce at the date of the Invitation for bids
15.4.3 Entire Agreement: The contract constitutes the entire agreement between the
purchaser and the supplier and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto made prior to
the date of Contract.
15.4.4 Amendment: No amendment or other variation of the contract shall be valid unless
it is in writing, is dated, expressly refers to the contract, and is signed by a duly
authorized representative of each party thereto.
15.4.5 Waiver:
a) Subject to GCC sub-clause b) below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and conditions of the
contract or the granting of time by either party to the other shall prejudice,
affect, or restrict the rights of that party under the contract. Neither shall any
waiver by either party of any breach of contract operate as waiver of any
subsequent or continuing breach of contract.
b) The waiver by either party of a breach or default of any of the provisions of
this contract by the other party shall not be interpreted as:
i. A waiver of any succeeding breach of the same or other provision,
nor shall any delay or omission on the part of the other party to
exercise; or
ii. A way to avail itself of any right, power, or privilege that it has or
may have under this contract to operate as waiver of any breach or
default by the other party.
Any waiver of a party’s rights, powers, or remedies under the contract must be in
writing, dated, signed by an authorized representative of the party granting such
waiver, and must specify the right and the extent to which it is being waived.
15.4.6 Severability: If any provision or condition of the contract is prohibited or rendered
invalid or unenforceable, such prohibition, invalidity or unenforceability shall not
affect the validity or enforceability of any other provisions and conditions of the
contract or the contract as a whole and the remaining provisions of the contract shall
remain in full force and effect.
15.5 Language
15.5.1 The official language of the contract is English. Contract as well as all
correspondence and documents relating to the contract exchanged by the supplier
and the purchaser, shall be written in English. Supporting documents and printed
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literature that are part of the contract may be in another language provided they are
accompanied by an accurate translation of the relevant passages in English, in
which case, for purposes of interpretation of the contract, the English translation
shall govern.
15.5.2 The Supplier shall bear all costs of translation to English and all risks of the accuracy
of such translation. The supplier shall be bound to the English translation and what
has been stated therein.
15.6 Consortium
15.6.1 If the supplier is a consortium, the members of such consortium shall be jointly and
severally liable to the purchaser for the fulfilment of the provisions of the contract.
However, the overall responsibility shall be of lead bidder. Only the lead member
(as mentioned at the bidding stage) shall have the authority to conduct all
businesses for and on behalf of the consortium during the bidding process and, in
the event the consortium is awarded the contract, during contract execution the
composition of the consortium cannot be altered.
a) Without prejudice to clause 15.6.1 of this GCC, for the purposes of fulfilment
of its obligations as laid down under the contract where the purchaser deems
fit and unless the context requires otherwise, supplier shall refer to the lead
member who shall be the sole point of interface between the purchaser and
the consortium and would be absolutely accountable for the performance of
its own, the other members of consortium and/or its team’s functions as also
the subcontractors.
b) The purchaser in favour of the lead member shall make all payments.
15.7 Notices
15.7.1 All notices and other communications under this contract must be in writing, and
must either be emailed by registered email with acknowledgement or hand delivered
with proof of it having been received.
15.7.2 If mailed, all notices will be considered as delivered after 5 days, of the notice having
been mailed. If hand delivered, all notices will be considered, when received by the
party to whom the notice is meant and sent for.
15.7.3 All notices under this contract shall be sent to or delivered at the address as
specified by the parties.
15.7.4 A notice shall be effective when delivered or on the notice’s effective date,
whichever is later.
shall have exclusive jurisdiction in respect of any disputes relating to the bidding
process, award of contract and execution of the contract.
15.8.2 In all cases, this contract shall be governed by and interpreted in accordance with
the Law of the Union of India. In this context, the expression ‘Law’ takes within its
fold Statutory law, Judicial Decisional Law and Delegated Legislation as well.
15.11 Delivery
15.11.1 Subject to GCC Sub-Clause 15.33, the Delivery of the goods and completion of the
related services shall be in accordance with the implementation schedule specified
in Chapter - 13.
specifications, reports, drawings and other documents which have been newly
created and developed by the supplier solely during the performance of related
services and for the purposes of inter-alia use or sub-license of such services under
this contract. The supplier undertakes to disclose all such intellectual property rights
arising in performance of the related services to the purchaser and execute all such
agreements/documents and file all relevant applications, effect transfers and obtain
all permits and approvals that may be necessary in this regard to effectively transfer
and conserve the intellectual property rights of the purchaser. To the extent that
intellectual property rights are unable by law to so vest, the supplier assigns those
intellectual property rights to purchaser on creation.
15.18.2 The supplier shall be obliged to ensure that all approvals, registrations, licenses,
permits and rights etc. which are inter-alia necessary for use of the goods supplied
/ installed by the supplier, the same shall be acquired in the name of the purchaser,
and the same may be assigned by the purchaser to the supplier solely for the
purpose of execution of any of its obligations under the terms of this contract.
However, subsequent to the term of this contract, such approvals, registrations,
licenses, permits and rights etc. shall endure to the exclusive benefit of the
purchaser.
15.18.3 The supplier shall ensure that while it uses any software, hardware, processes,
document or material in the course of performing the services, it does not infringe
the intellectual property rights of any person and the supplier shall keep the
purchaser indemnified against all costs, expenses and liabilities howsoever, arising
out 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 supplier or its personnel during
the course of performance of the related services. In case of any infringement by
the supplier, the supplier shall have sole control of the defence and all related
settlement negotiations.
15.18.4 Subject to sub-clauses 15.18.1, 15.18.2 & 15.18.3 above, the supplier shall retain
exclusive ownership of all methods, concepts, algorithms, trade secrets, software
documentation, other intellectual property or other information belonging to the
supplier that existed before the effective date of the contract.
third party any documents, data, or other information furnished directly or indirectly
by the other party hereto in connection with the contract, whether such information
has been furnished prior to, during or following completion or termination of the
contract. Notwithstanding the above, the supplier may furnish to its subcontractor
such documents, data, and other information it receives from the purchaser to the
extent required for the subcontractor to perform its work under the contract, in which
event the supplier shall obtain from such subcontractor an undertaking of
confidentiality similar to that imposed on the supplier under this clause.
15.19.3 The purchaser shall not use such documents, data, and other information received
from the supplier for any purposes unrelated to the contract. Similarly, the supplier
shall not use such documents, data, and other information received from the
purchaser for any purpose other than the design, procurement, or other work and
services required for the performance of the contract.
15.19.4 The obligation of a party under GCC sub-clauses point no. 15.9.2 & 15.9.3 above,
however, shall not apply to information that
a) The purchaser or supplier need to share with the institutions participating in
the financing of the contract.
b) Now or hereafter enters the public domain through no fault of that party.
c) Can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or indirectly from
the other party.
d) Otherwise lawfully becomes available to that party from a third party that has
no obligation of confidentiality.
15.19.5 The above provisions of GCC clause 15.19 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior to the date
of the contract in respect of the supply or any part thereof.
15.19.6 Each of the parties to this contract, undertakes to the other to take all such steps as
shall from time to time be necessary to ensure compliance with the provisions of the
above clauses by its employees, agents and sub-contractors.
15.19.7 The provisions of GCC clause 15.19 shall survive completion or termination, for
whatever reason, of the contract.
15.20 Sub-contracting
15.20.1 Except as provided hereunder under sub-clause 15.20.2 of the GCC, the supplier
shall not be permitted to sub-contract any part of its obligations under the contract.
15.20.2 Supplier shall sub-contract the data digitization, installation of field infrastructure
with prior approval of UPCL.
15.20.3 The supplier shall ensure that the sub-contractor appointed has sufficient capacity
to undertake the execution of the tasks they will perform under this contract.
15.20.4 The supplier indemnifies and shall keep indemnified purchaser against any losses,
damages, claims or such other implications arising from or out of the acts and
omissions of such sub-contractor. The Supplier shall be responsible for making all
payments to the sub-contractor as may be necessary, in respect of any services
performed or task executed, and the purchaser shall not be responsible for any part
or full payment, which is due to such subcontractor.
15.20.5 All rights of use of any process, product, service or facility developed or any other
task performed by the subcontractor for the supplier, under this contract would lie
exclusively with the purchaser in perpetuity free from all liens, encumbrances and
other third party rights and the supplier shall, wherever required, take all steps that
may be necessary to ensure the transfer of such ownership in favour of the
purchaser.
15.20.6 Nothing in this clause 15.20 of the GCC shall relieve the supplier from its any of its
liabilities or obligations under this contract. The purchaser reserves the right to hold
supplier liable for any act/omission of any subcontractor.
15.20.7 Where the purchaser deems necessary, it shall have the right to require
replacement of any subcontractor with another subcontractor and the supplier shall
in such case terminate forthwith all agreements/contracts other arrangements with
such subcontractor and find suitable replacement for such subcontractor to the
satisfaction of the purchaser at no additional charge. Failure to terminate all
agreements/contracts with such sub-contractors, shall amount to a breach of the
terms hereof.
15.20.8 The supplier shall be responsible for ensuring that the subcontractor shall comply
with all relevant and applicable provisions of the contract. In default on the part of
the sub-contractor to comply with the terms and conditions of the contract wherever
applicable, shall amount to breach on the part of the supplier, and the purchaser in
addition to all other rights, have the right to claim damages add recover from the
supplier all losses/ or other damages that may have resulted from such failure.
15.23 Insurance
15.23.1 The goods supplied under the contract shall be fully insured by the supplier, in INR,
against loss or damage incidental to manufacture or acquisition, transportation,
storage, and delivery, in accordance with the applicable Incoterms.
15.24 Transportation
15.24.1 Obligations for transportation of the goods shall be borne by the supplier and shall
be in accordance with the Incoterms specified in chapter – 13, schedule of supply.
free to impose any penalty as deemed fit. In addition, the utility shall reserve the
right to terminate the contract and recover liquidated damages by forfeiting the
performance guarantee submitted by the purchaser.
15.27 Warrantee
15.27.1 The supplier warrants that all the goods are new, unused, and of the most recent or
current models, and that they incorporate all recent improvements in design and
materials, unless provided otherwise in the contract.
15.27.2 Subject to GCC sub-clause 15.21.1, the supplier further warrants that the goods
shall be free from defects arising from any act or omission of the supplier or arising
from design, materials, and workmanship, under normal use in the conditions
prevailing in the country of final destination.
15.27.3 The warranty shall remain valid for the period specified in chapter 5, scope of work.
15.27.4 The purchaser shall give notice to the supplier stating the nature of any such defects
together with all available evidence thereof, promptly following the discovery
thereof. The purchaser shall afford all reasonable opportunity for the supplier to
inspect such defects.
15.27.5 In case any damage or defect is found during verification after receipt of material at
Purchaser’s stores or material develops defects within warranty period, the supplier
shall attend/replace such defects free of all charges within 30 days of being notified
by the Purchaser, of the occurrence of such defects. In case the defect is not
attended or replacement of material is not received within specified period, then
apart from encashing the performance security deposit, the Purchaser may also
take suitable penal action including debarring from all future business.
15.27.6 If having been notified, the supplier fails to remedy the defect within the period of
warranty specified in sub-clause 15.27.5; the purchaser may proceed to take within
a reasonable period such remedial action as may be necessary, at the supplier’s
risk and expense and without prejudice to any other rights which the purchaser may
have against the supplier under the contract.
15.28 Liability/Indemnity
15.28.1 The supplier hereby agrees to indemnify the purchaser, for all conditions and
situations mentioned in this clause, in a form and manner acceptable to the
purchaser. The supplier agrees to indemnify the purchaser and its officers, servants,
agents (“Purchaser Indemnified Persons”) from and against any costs, loss,
damages, expense, claims including those from third parties or liabilities of any kind
howsoever suffered, arising or incurred inter alia during and after the contract period
out of:
Survival on Termination
The provisions of this Clause 15.28 shall survive termination.
15.28.4 Defence of Claims
a) If any proceedings are brought or any claim is made against the purchaser
arising out of the matters referred to in GCC sub-clause 15.28.1, 15.28.2, or
15.28.3 the purchaser shall promptly give the supplier a notice thereof, and
the supplier may at its own expense and in the purchaser’s name conduct
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such proceedings or claim and any negotiations for the settlement of any
such proceedings or claim.
b) If the supplier fails to notify the purchaser within twenty-eight (28) days after
receipt of such notice that it intends to conduct any such proceedings or
claim, then the purchaser shall be free to conduct the same on its own
behalf.
c) The purchaser shall, at the supplier’s request, afford all available assistance
to the supplier in conducting such proceedings or claim, and shall be
reimbursed by the supplier for all reasonable expenses incurred in so doing.
15.33.2 Except in case of force majeure, as provided under GCC clause 15.31 or where the
delay in delivery of the goods or completion of related services is caused due to any
delay or default of the purchaser, any extension granted under clause 15.33.1 shall
not absolve the supplier from its liability to the pay of liquidated damages pursuant
to GCC clause 15.26.
15.34 Termination
15.34.1 Termination for default
a) The purchaser may, without prejudice to any other remedy for breach of
contract, by notice of default sent to the supplier, terminate the contract in
whole or in part:
i. If the supplier fails to deliver any or all of the goods or related
services within the period specified in the contract, or within any
extension thereof granted by the purchaser pursuant to GCC clause
15.33; or
ii. If the supplier, in the judgment of the purchaser has engaged in
corrupt, fraudulent, collusive, or coercive practices, as defined in
GCC clause 15.3, in competing for or in executing the contract; or
iii. Any representation made by the bidder in the proposal is found to
be false or misleading
iv. If the supplier commits any breach of the contract and fails to
remedy or rectify the same within the period of two weeks (or such
longer period as the purchaser in its absolute discretion decide)
provided in a notice in this behalf from the purchaser as specified
in the SLA.
b) In the event the purchaser terminates the contract in whole or in part,
pursuant to point no. (i) of GCC clause 15.34.1, the purchaser may procure,
upon such terms and in such manner as it deems appropriate, goods or
related services similar to those undelivered or not performed, and the
supplier shall be liable to the purchaser for any additional costs for such
similar goods or related services. However, the supplier shall continue
performance of the contract to the extent not terminated.
15.34.2 Termination for insolvency
The purchaser may at any time terminate the contract by giving notice to the supplier
if the supplier becomes bankrupt or otherwise insolvent. In such event, termination
will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy that has accrued or will accrue
thereafter to the purchaser.
15.34.3 Termination for convenience
a) The purchaser, by notice sent to the supplier, may terminate the contract, in
whole or in part, at any time for its convenience. The notice of termination
shall specify that termination is for the purchaser’s convenience, the extent
to which performance of the supplier under the contract is terminated, and
the date upon which such termination becomes effective.
b) The goods and services that are complete and ready for shipment within
twenty-eight (28) days after the supplier’s receipt of the Notice of termination
shall be accepted by the purchaser at the contract terms and prices. For the
remaining goods and services, the purchaser may elect:
i. To have any portion completed and delivered at the contract terms
and prices; and/or
ii. to cancel the remainder and pay to the supplier an agreed amount
for partially completed goods and related services and for materials
and parts previously procured by the supplier.
15.34.4 Consequences of termination
Upon termination of the contract, the supplier shall:
a) Prepare and present a detailed exit plan within five calendar days of
termination notice receipt to the CIO of UPCL (“Exit Plan”).
b) The CIO and along with designated team will review the exit plan. If
approved, supplier shall start working on the same immediately. If the plan
is rejected, supplier shall prepare alternate plan within two calendar days. If
the second plan is also rejected, CIO or the authorised person will provide a
plan for Supplier and it should be adhered by in totality.
c) The exit plan should cover at least the following
i. Execute all documents that may be necessary to effectively transfer
the ownership and title, including OEM warranties in respect of all
equipment.
ii. Handover all developed codes, related documentation and other
configurable Items, if any in his possession.
iii. Handover the list of all IT Assets, passwords at all locations to the
purchaser.
d) The supplier and CIO (or the authorised person) will sign a completion
certificate at the end of successful completion (all points tracked to closure)
of the exit plan.
15.35 Assignment
15.35.1 The supplier shall not assign, in whole or in part, their obligations under this contract.
15.36 Disclaimer
15.36.1 Purchaser reserves the right to share, with any consultant of its choosing, any
resultant proposals in order to secure expert opinion. Any consultants of the
Purchaser as referred to above shall be bound by confidentiality obligations and
shall not disclose Supplier’s proposal with any third party
15.36.2 Purchaser reserves the right to accept any proposal deemed to be in the best
interest of UPCL.
15.39.4 The supplier shall report as soon as possible any evidence, which may indicate or
is likely to lead to an abnormal or dangerous situation and shall take all necessary
emergency control steps to avoid such abnormal situations.
15.39.5 The purchaser will be indemnified for all the situations mentioned in this clause in
the similar way as defined in GCC clause 15.29.
15.41 Survival
15.41.1 The clauses of this contract, which by nature are intended to survive termination of
this contract, shall remain in effect after such termination.
16. Schedules
Schedule – I – Change Control Schedule
This Schedule describes the procedure to be followed in the event of any proposed change to
the contract agreement, Project Implementation Phase, SLA and Scope of Work and
Functional Requirement Specifications. Such change shall include, but shall not be limited to,
changes in the scope of services provided by the SI and changes to the terms of payment as
stated in the Terms of Payment Schedule.
UPCL and SI recognize that frequent change is an inevitable part of delivering services and
that a significant element of this change can be accomplished by re-organizing processes and
responsibilities without a material effect on the cost. The SI will endeavour, wherever
reasonably practicable, to effect change without an increase in the terms of payment as stated
in the Terms of Payment Schedule and UPCL will work with the SI to ensure that all changes
are discussed and managed in a constructive manner. This Change Control Schedule sets
out the provisions which will apply to all the changes to this agreement and other documents
except for the changes in SLAs for which a separate process has been laid out in Clause 6 &
7 of the SLA.
This Change Control Schedule sets out the provisions which will apply to changes to the
contract agreement.
Change Management Process
Change Control Note ("CCN")
1. Change requests in respect of the contract agreement, the Project Implementation, the
operation, the SLA or Scope of work and Functional Requirement specifications will
emanate from the Parties' respective Project Manager who will be responsible for
obtaining approval for the change and who will act as its sponsor throughout the
Change Control Process and will complete Part A of the CCN attached as Annexure
- 12 hereto. CCNs will be presented to the other Party's Project Manager who will
acknowledge receipt by signature of the CCN.
2. The SI and UPCL, during the Project Implementation Phase and UPCL during the
Operations and Management Phase and while preparing the CCN, shall consider the
change in the context of the following parameter, namely whether the change is
beyond the scope of services including ancillary and concomitant services required
and as detailed in the RFP and is suggested and applicable only after the testing,
commissioning and certification of Project Implementation Phase as set out in this
Agreement.
3. It is hereby also clarified here that any change of control suggested beyond the value
of this Project will be considered as per the change control process. It is hereby
clarified that the variation in the value of the Project will be calculated on the basis of
bid value submitted by the SI and accepted by UPCL or as decided and approved by
UPCL. For arriving at the cost of the variation the payment terms and relevant rates as
specified in Schedule - III shall apply.
Quotation
1. The SI shall assess the CCN and complete Part B of the CCN, in completing the Part
B of the CCN the SI shall provide as a minimum:
a) a description of the change
b) a list of deliverables required for implementing the change;
c) a time table for implementation;
d) an estimate of any proposed change
e) any relevant acceptance criteria
f) an assessment of the value of the proposed change;
g) material evidence to prove that the proposed change is not already covered
within the Agreement and the scope of work
2. Prior to submission of the completed CCN to UPCL, the Service Provider will undertake
its own internal review of the proposal and obtain all necessary internal approvals. As
a part of this internal review process, the SI shall consider the materiality of the
proposed change in the context of the contract agreement and the Project
Implementation affected by the change and the total effect that may arise from
implementation of the change.
Costs
1. Each Party shall be responsible for its own costs incurred in the quotation, preparation
of CCNs and in the completion of its obligations described in this process provided the
SI meets the obligations as set in the CCN. In the event the SI is unable to meet the
obligations as defined in the CCN then the cost of getting it done by third party will be
borne by the SI.
Obligations
1. The SI shall be obliged to implement any proposed changes once approval in
accordance with above provisions has been given, with effect from the date agreed for
implementation and within an agreed timeframe. SI will not be obligated to work on a
change until the parties agree in writing upon its scope, price and/or schedule impact.
1. Purpose
a) This Schedule sets out the provisions, which will apply on expiry or termination
of the contract agreement, the Project Implementation, Operation and
Management SLA.
b) In the case of termination of the Project Implementation and/or Operation and
Management, the Parties shall agree at that time whether, and if so during what
period, the provisions of this Schedule shall apply.
c) The Parties shall ensure that their respective associated entities carry out their
respective obligations set out in this Exit Management Schedule.
2. Transfer of Assets
a) UPCL shall be entitled to serve notice in writing on the SI at any time during
the exit management period as detailed hereinabove requiring the SI to provide
UPCL with a complete and up to date list of the Assets within 30 days of such
notice. UPCL shall then be entitled to serve notice in writing on the SI at any
time prior to the date that is 30 days prior to the end of the exit management
period requiring the SI to sell the Assets, if any, to be transferred to UPCL at
book value as determined as of the date of such notice in accordance with the
provisions of relevant laws.
b) In case of contract being terminated by UPCL, UPCL reserves the right to ask
SI to continue running the project operations for a period of 6 months after
termination orders are issued.
c) Upon service of a notice under this clause, the following provisions shall apply:
a. in the event, if the Assets to be transferred are mortgaged to any
financial institutions by the SI, the SI shall ensure that all such liens and
liabilities have been cleared beyond doubt, prior to such transfer. All
documents regarding the discharge of such lien and liabilities shall be
furnished to UPCL.
b. All risk in and title to the Assets to be transferred / to be purchased by
UPCL pursuant to this clause shall be transferred to UPCL, on the last
day of the exit management period.
c. UPCL shall pay to the SI on the last day of the exit management period
such sum representing the Net Block (procurement price less
depreciation as per provisions of Companies Act) of the Assets to be
transferred as stated in the Terms of Payment Schedule.
d. Payment to the outgoing SI shall be made to the tune of last set of
completed services / deliverables, subject to SLA requirements.
e. The outgoing SI will pass on to UPCL and/or to the Replacement SI,
the subsisting rights in any leased properties/ licensed products on
terms not less favourable to UPCL/ Replacement SI, than that enjoyed
by the outgoing SI.
3. Cooperation and Provision of Information
a) During the exit management period:
a. The SI will allow UPCL access to information reasonably required to
define the then current mode of operation associated with the provision
of the services to enable UPCL to assess the existing services being
delivered;
b. promptly on reasonable request by UPCL, the SI shall provide access
to and copies of all information held or controlled by them which they
have prepared or maintained in accordance with this agreement relating
to any material aspect of the services (whether provided by the SI).
UPCL shall be entitled to copy of all such information. Such information
shall include details pertaining to the services rendered and other
performance data. The SI shall permit UPCL to have reasonable access
to its employees and facilities as reasonably required by UPCL to
understand the methods of delivery of the services employed by the SI
and to assist appropriate knowledge transfer.
4. Confidential Information, Security and Data
a) The SI will promptly on the commencement of the exit management period
supply to UPCL the following:
a. Documentation relating to Computerization Project’s Intellectual
Property Rights;
b. All current and updated data as is reasonably required for purposes of
UPCL transitioning the services to its Replacement SI in a readily
available format nominated by UPCL;
c. Source code of the customized portion of ERP application
d. All other information (including but not limited to documents, records
and agreements) relating to the services reasonably necessary to
enable UPCL, or its Replacement SI to carry out due diligence in order
to transition the provision of the Services to UPCL, or its Replacement
SI (as the case may be).
b) Before the expiry of the exit management period, the SI shall deliver to UPCL
all new or up-dated materials from the categories set out in Schedule above
and shall not retain any copies thereof, except that the SI shall be permitted to
retain one copy of such materials for archival purposes only.
c) Before the expiry of the exit management period, unless otherwise provided
under the contract agreement, UPCL shall deliver to the SI all forms of SI
confidential information, which is in the possession or control of UPCL or its
users.
154 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
5. Employees
a) Promptly on reasonable request at any time during the exit management
period, the SI shall, subject to applicable laws, restraints and regulations
(including in particular those relating to privacy) provide to UPCL, a list of all
employees (with job titles) of the SI dedicated to providing the services at the
commencement of the exit management period.
b) Where any national, regional law or regulation relating to the mandatory or
automatic transfer of the contracts of employment from the SI to UPCL, or a
Replacement SI ("Transfer Regulation") applies to any or all of the employees
of the System Integrator, then the Parties shall comply with their respective
obligations under such Transfer Regulations.
6. Transfer of certain Agreements
a) On request by UPCL, the SI shall effect such assignments, transfers, licences
and sub-licences as UPCL may require in favour of UPCL, or its Replacement
SI in relation to any equipment lease, maintenance or service provision
agreement between SI and third party lessors, vendors, and which are related
to the services and reasonably necessary for the carrying out of replacement
services by UPCL or its Replacement System Integrator.
7. Rights of Access to Premises
a) At any time during the exit management period, where Assets are located at
the System Integrator's premises, the SI will be obliged to give reasonable
rights of access to (or, in the case of Assets located on a third party's premises,
procure reasonable rights of access to) UPCL and/or any Replacement SI in
order to make an inventory of the Assets.
b) The SI shall also give UPCL, or any Replacement SI right of reasonable access
to the SI’s premises and shall procure UPCL and any Replacement SI rights of
access to relevant third party premises during the exit management period and
for such period of time following termination or expiry of the contract agreement
as is reasonably necessary to migrate the services to UPCL, or a Replacement
System Integrator.
8. General Obligations of the System Integrator
a) The SI shall provide all such information as may reasonably be necessary to
effect as seamless a handover as practicable in the circumstances to UPCL or
its Replacement SI and which the SI has in its possession or control at any time
during the exit management period.
b) The SI shall commit adequate resources to comply with its obligations under
this Exit Management Schedule.
9. Exit Management Plan
a) The SI shall provide UPCL with a recommended exit management plan ("Exit
Management Plan") which shall deal with at least the following aspects of exit
155 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
The successful bidder will sign a Service Level Agreement (SLA) with UPCL covering all the
required services. The payment schedule and milestones are divided into following tables:
a) Advance payment of total contract value excluding ATS & O&M cost of 3 years
b) ERP application license cost
c) Annual technical support (ATS) cost of implementation phase
d) ERP application implementation cost
e) DC/DR & field hardware cost
f) Balance payment of total contract value excluding ATS & O&M cost of 3 years
Phase Activity Payment Schedule Milestones
Advance 10 % of Project Cost On Issuance of Letter of
Payment (excluding ATS & O&M Award by Utility, team
cost of 3 years) in 2 mobilization by Vendor,
instalments of 5% each Submission of Advance
Bank Guarantee and
other conditions as
specified below *
ERP Product Supply of ERP 30% of cost quoted for On management
and software Product licenses and ERP Product licenses confirmation that material
cost other Software/OS and other Software/OS (required No. of ERP
etc. at site as per etc. Product licenses and
approved Bill of other Software/OS etc.) is
Quantity received at Site as per
the Work order.
The bidder must utilize first advance installment of 5% before requesting for second advance
installment. Second installment of 5% shall be released on presentation of contractor’s invoice
and satisfactory utilization certificate supported with documentary evidences of first advance
installment.
The interest rate on advance payment shall be SBI's Base rate on the date of disbursement
of advance payment. The interest accrued on interest bearing advance shall be adjusted first
before releasing any payment. The interest rate shall be calculated on the daily progressive
balances outstanding as on the date of recovery/adjustment i.e. on daily rest basis.
The Advance bank Guarantee shall be discharged after completion of the work. The advance
bank guarantee can be reduced on two occasions. First reduction shall be on completion of
50% work (financial progress) and second reduction shall be on completion of 75% work
(financial progress). The advance BG shall be proportionately reduced to 50% and 25% value
respectively of initial advance BG.
1. Threshold Definitions
a) Critical: Show-stopper application breakdown/crash. Has serious implications
on running the production server and has impacted all business critical process.
b) High: Serious degradation in the application performance. Has impacted
majority of the business processes but able to continue the operations with the
system limitations. It may have serious implications on the data integrity. It has
affected or may affect, around more than 5 users for the same problem.
c) Medium: Moderate degradation in the application performance. No
implications on the data integrity. No impact on the normal operations/day-to-
day working. It has affected or may affect, around less than 5 but 1 or more
users for the same problem
2. Penalties in case of failure to meet Service Levels
Following penalty shall be applicable to the selected bidder in case of failure to meet
provisions of Service Level Agreement (SLA) as provided in table above:
a) In case of problem categorized as “Critical”: UPCL shall recover from the
selected bidder, a sum equivalent to 0.1% of the quarterly O&M prices for every
thirty (30) minutes of delay or part thereof over and above the given threshold
limit for each of such incidents;
b) In case of problem categorized as “High”: UPCL shall recover from the
selected bidder, a sum equivalent to 0.1% of the quarterly O&M prices for every
sixty (60) minutes of delay or part thereof over and above the given threshold
limit for each of such incidents; and
c) In case of problem categorized as “Medium”: UPCL shall recover from the
selected bidder, a sum equivalent to 0.1% of the quarterly O&M prices for every
one hundred and twenty (120) minutes of delay or part thereof over and above
the given threshold limit for each of such incidents.
d) The same incident shall not have happened more than 2 times in a quarter for
critical category and 3 times in a quarter for high & medium categories, a
penalty of 5% of quarterly O&M prices for that quarter will be levied.
e) If the same incident happened more than 3 times in a quarter for critical
category and 4 times in a quarter for high & medium categories, the
performance bank guarantee may be forfeited and contract may be terminated.
4. Performance Parameters
The indicative performance parameters of hardware as well as system software are listed in
the below table.
Sr. No. Parameters Limit
1. CPU utilization < 80 %
2. Memory utilization < 80 %
3. User response time (screen navigation) 3 seconds or less
4. Report response time 5 seconds or less for at least 1000
rows fetch
5. Application hit ratio > 80%
6. Heap usage < 80%
7. Data cache usage/ data buffer cache < 90%
8. Database hit ratio > 90%
The above performance parameters shall be fulfilled as per below criteria
1. The performance will be monitored every fortnight for above parameters
2. Performance will be monitored both in peak as well as in off-peak hours. Peak hours
are 10 AM to 5 PM on every working day and off-peak hours are from 5 PM to 10 AM.
Time slot within peak and off-peak hours will be decided on mutual basis.
3. The performance will be tested on local LAN environment of data centre. Separate
machine for testing shall be placed by the bidder at Network Operating Centre (NOC)
of UPCL data centre for testing the performance parameters and system software for
this machine such as OS, MS office, antivirus etc. shall be the responsibility of bidder
as well. Other necessary hardware infrastructure (if required) shall be considered as
part of hardware offering for DC/DRC.
4. The tools/software licenses used to measure above performance parameters shall be
in scope of bidder.
5. If the performance parameters are not fulfilled during fortnightly test, a penalty
equivalent to 1% of quarterly operations and maintenance bill shall be levied.
6. If performance parameters are not met more than 2 times in a quarter, bidder have to
take suitable measures in terms of increase of requisite hardware items at DC/DRC to
achieve the above stated performance benchmark. The cost of the same shall be
borne by bidder.
7. Recovery Point Objective (RPO) is the maximum amount of time lag between
Primary (DC) and Secondary storages (DRC). UPCL intends to maintain RPO as < 15
minutes for all application and data at primary site.
8. Recovery Time Objective (RTO) is maximum elapsed time allowed to complete
recovery of application processing at DR site. In case of a disaster, the RTO shall be
measured from the time when the decision is finalized & intimated to the SI by UPCL
to shift the operations to DR site. The SI in association with UPCL personnel shall
ensure compliance to RTO of maximum of 6 hrs.
5. Following SLA parameters are added in addition to SLA parameters given in
published RFP:
Service Parameter Service Validation Penalty
level
Payment shall be
deducted based on
the pro-rata basis.
Further deduction
of INR 2000 per day
per resource will
also be applicable
on account of loss
of UPCL services
If the resource is
absent from
designated location
for more than 7
days continuously,
SI will have to
provide suitable
replacement as per
specified
certification /
experiences criteria
defined in the RFP
Remarks:
Although SLA penalties shall be calculated as per above table, however total penalty to be
deducted is to be capped at 10 % of the billable amount for O&M charges.
6. SLA Supervision
1. Reporting Procedures: The selected bidder’s representative will prepare and
distribute SLA performance reports in an agreed upon format by the 7th working day of
subsequent month of the reporting period. The reports will include “actual versus
target” SLA performance, a variance analysis and discussion of appropriate issues or
significant events. Performance reports will be distributed to the Nodal official from
UPCL/Department of IT, if required.
166 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
2. Monitoring and Auditing: UPCL will review the performance of selected bidder
against the SLA parameters each month, or at any periodicity defined in the contract
document. The review / audit report will form basis of any action relating to imposing
penalty or breach of contract. Any such review / audit can be scheduled or
unscheduled. The results will be shared with the selected bidder as soon as possible.
UPCL reserves the right to appoint a third-party auditor to validate the SLA.
7. SLA Change Control
1. It is acknowledged that SLA may change as UPCL’s business needs evolve over the
course of the contract period. As such, this document also defines the following
management procedures:
a) A process for negotiating changes to the SLA.
b) An issue management process for documenting and resolving particularly
difficult issues.
c) UPCL and selected bidder management escalation process to be used in the
event that an issue is not being resolved in a timely manner.
2. Any changes to the levels of service provided during the term of this agreement will be
requested, documented and negotiated in good faith by both parties. Either party can
request a change. Changes will be documented as an addendum to SLA and
consequently the contract.
8. SLA Change Process
1. Both the parties may amend this SLA by mutual agreement in accordance.
2. Changes can be proposed by either party.
3. Normally the forum for negotiating SLA changes will be UPCL’s monthly review
meetings.
9. Version Control
1. All negotiated SLA changes will require changing the version control number. As
appropriate, minor changes may be accumulated for periodic release (e.g. every
quarter) or for release when a critical threshold of change has occurred.
10. Issue Management
1. This process provides an appropriate management structure for the orderly
consideration and resolution of business and operational issues in the event that quick
consensus is not reached between UPCL and selected bidder. It is expected that this
pre-defined process will only be used on an exception basis if issues are not resolved
at lower management levels.
2. Issue Management Process
a) Either UPCL or selected bidder may raise an issue by documenting the
business or technical problem, which presents a reasonably objective summary
of both points of view and identifies specific points of disagreement with
possible solutions.
13. Exclusions
The selected bidder will be exempted from any delays or slippages on SLA parameters arising
out of following reasons: -
1. Delay in execution due to delay (in approval, review etc.) from UPCL’s side. Any such
delays will be notified in written to the IT Team
2. Force Majeure
Annexures
Annexure 1: List of UPCL offices
Note: integration requirements given in above table are indicative and exact integration
requirements will be discussed in detail during business blueprint phase. Successful bidder
has to study the integration touch points in detail. Whatever needs to be developed on part of
these applications, UPCL will take support from existing vendors.
Tape Library
Sr. Components Features
No.
1 Tape Library IBM TS3500 Tape Library is designed to provide a
highly scalable, automated tape library for mainframe
and open-systems backup and archive that can scale
from midsized to large enterprise environments. With
features such as persistent worldwide name, multipath
architecture, drive and media exception reporting,
remote drive and media management, and host-based
path failover, the TS3500 continues to lead the
industry in tape drive integration. It also includes data
encryption capabilities within the drives, helping to
avoid the need for host-based data encryption
reducing drain on host performance. The TS3500 tape
library comes with one 16-cartridge I/O station.
2 Total storage slots 273
3 LTO Licensed Capacity 273
4 LTO Make LTO 4
5 Size of each tape 800GB
DC Storage
Sr. Components Features
No.
1 Storage The IBM DS8880 family includes DS8884 Model 980
with its associated DS8884 Expansion Unit Model.
DS8880 enables both hybrid-flash and traditional disk
configuration options. Incorporating DS8880 with
advanced storage tiering and thin provisioning
improves the storage efficiency and reduce the total
cost of ownership.
DS8880 also boasts world-class high availability and
special integration with z Systems to deliver
extraordinary value.
2 Processor technology IBM DS8880 systems feature IBM POWER8 server
technology to help support high performance. This
DS8880 models deliver up to two times throughput
improvement over DS8870.
Each model within the DS8880 enables a concurrent
upgrade from the smallest to the largest configuration.
This includes adding cache and processors for
increased performance, adding host ports for
increased connectivity, adding HDDs and SSDs and
additional expansion frames to the base frame for
DR Storage
Sr. Components Features
No.
1 DR Storage IBM 8870
3 Drive support DS8870 offers the following drive capacities which
are encryption capable:
300 GB 15,000 rpm SAS
600 GB 15,000 rpm SAS
600 GB 10,000 rpm SAS
1.2 TB 10,000 rpm SAS
4 TB 7,200 rpm near line SAS
Unpriced bill of material shall be submitted in technical proposal in below format. Unpriced bill
of material shall be provided for various type of ERP licenses as asked in financial proposal.
3 Performance Requirements
4 Architecture Features
1. Bidder to propose hardware based load balancer having capability to run multiple
open source and 3rd party virtual functions.
2. Should provide 24/7 application availability
3. Should have easy to use GUI providing real time activity monitoring, reports and
centralize configuration management
4. Proposed load balancer should support at least 8 virtual instances
5. Should have capability for application authentication using HDD ID, CPU ID, OS
related parameters etc.
6. Proposed device should be proposed in high availability using standard VRRP
features and ECC transactions per second (TPS)
7. Proposed device should have capability to run web application firewall (WAF)
from different OEM
Desktop
Sr. Items Description of requirement Specifications Compliance
No. offered
1 Architecture
1.1 Type Desktop PC
1.2 Orientation Vertical Tower Type or Ultra
Small /Small Form Factor
Desktop
1.3 Bus type / PCI
architecture
2 Processor
2.1 CPU CHIP Intel® 8th Gen Core™ i5 (or
better) or equivalent processor
2.2 Processor internal 3.4 GHz or higher
clock speed
2.3 L2 or L3 Cache 9 MB or higher
3 Memory
3.1 Memory (RAM) 8 GB DDR4
3.2 Memory (RAM) 32 GB or more
max expandability
3.3 RAM speed 800 MHz or higher
3.4 RAM slots total Minimum 2 or higher
3.5 RAM type DDR4
4 Board
UPS
Sr. Items Description of requirement Specifications Compliance
No. offered
1 Capacity 600 VA or higher
2 Back up Time 10 Minutes on 450 VA
Continuous Load; Overload
capacity: 125% of required
capacity for at least 1 Minute
3 Input Voltage 170 V to 270 V, 50 Hz + 5%
4 Output Voltage 198 to 250 (on line), 230 + 5%
(On Battery) Automatic
Voltage
Regulation
5 General Features Automatic Voltage
Regulation, Lightning &
Surge Protection
Output Wave form—
Modified Sine wave
Audio Alarms: Low
Battery; Battery ON;
Overload Protection:
Overload etc.
6 Switching Time Less than 5 MS without data
loss
7 Operating Temp. Up to 40 Deg. C.
8 Operating Humidity Up to 90%, Non-condensing
9 Battery Type Minimum 7AH SMF battery-
Hitachi/Exide/Global Yuasa
/Panasonic etc. make with 2
Year warranty
10 Others Output Sockets—Min 3 Nos,
each 6 Amp- 3 Pin with all
Sockets wired for UPS output
11 Warranty 2 Years
Computer Table
Sr. Items Description of requirement Specifications Compliance
No. offered
1 Computer Tubes are ERW MS and comply to
Table IS-3601, IS 7138 & IS 4923
2 All sheet metal components are
manufactured from finest quality
steel which conforms to IS 513
3 All steel components are pre-treated
with a unique anti-rust 7-step pre-
treatment process and powder
coated and baked at 180 deg cent.
to give a superior and long lasting
finish
1 10/100/1000 base-T 24
ports
2 PoE Ports Minimum 8
3 1/10 ports 2
Rack
4 Mountable Yes
5 Stacking 2 Switches with minimum
80 Gbps of dedicated
stacking
6 Backplane Capacity Min 50 Gbps
General
7 Non-blocking hardware
architecture
Some of the minimum technical features of proposed servers are listed below. SI shall
consider these as minimum requirements while proposing hardware stack for ERP application.
For x 86 servers
Sr. No. Item Description of Minimum Requirement for x86 Servers
1 Chassis As per OEM but not more than 2U Rack Mountable with rail kit (to
be provided)
2 CPU Two numbers of latest generation (E7 family or higher)Intel
processor to be provided with a minimum of 10 core in each
processor with 25MB or higher L3 cache
3 Memory 16DIMM slots.
32 GB DIMMS scalable to at least up to 512GB using DDR4
RDIMM/1TB using DDR4 Load Reduced DIMM (LRDIMM)
memory modules.
Minimum Memory of 256 GB is required for the Servers.
4 Memory Advanced ECC with multi-bit error protection and memory
Protection mirroring.
5 HDD Bays Up to 8 SFF max, HDD/SSD.
6 Optical drive One optional optical drive bay to install DVD-ROM or DVD-RW .
Bay
7 Hard disk 4*600 GB SAS HDD.
drive
8 Controller PCIe 3.0 based or better 12Gb/s Raid Controller with RAID
0/1/1+0/5/50/6/60/1 Advanced Data Mirroring/10 Advanced Data
Mirroring with 4GB battery backed write cache (on board or in a
PCI Express slot or as an added component)
Note: The above clauses are applicable only when bidders will provide x86 servers separately.
If HCI is proposed by bidders, specifications of x86 servers will not be applicable
6 Internal Hard Min 2 x 600 GB or Higher @10k rpm or Higher Hot pluggable
Disk Capacity (SAS or better) and should be mirrored
7 Media bays Minimum one Media Bays per System
10 I/O Slots – Minimum of 6 PCIe hot plug PCIe Gen4 or latest slot should be
Adaptors provided.
All FC ports shall support multi path I/O trunking and automatic
load balancing for each server/partition.
All Ethernet Adapters shall support automatic Fail-over /
Redundant / trunking / Link aggregation and auto switching
mode.
Minimum physical adaptors required per Server.
a) 2 x Dual/Quad Port 16 Gbps HBA adaptor Cards
b) 2 x Dual/Quad Port 10/1GbE BaseT Ethernet adaptor Cards.
c) At least 1 free PCIe slots for future expansion.
Additionally, 1GbE BaseT Ethernet Card with 4 ports needs to be
provided.
All Ethernet & FC HBA Cards should be hot pluggable.
Functional redundancy at an adapter level (Ethernet, Fibre
Channel) shall be provided for all partitions to take care of
adapter failure.
Additionally, System management shall be through dedicated
redundant ports and shall not use the above adapters identified
for partitions.
I/O bi-directional bandwidth should be 250GBps or higher
11 Ethernet Port Minimum 1 Gbps Ethernet cards with 4 ports each.
17 Form factor/Node As per OEM but not more than 4U Rack Mountable with rail kit
Type (to be provided)
18 Other features All the following components shall be hot swappable – Disks,
Power Supplies, Fans, PCI adapter.
Server should have indicators to identify failed components.
Shall have redundant Power Supplies and provision for input
from at least two sources.
Shall have redundant cooling fans.
19 Warranty 5 years on site with full labour, parts & replacement from OEM
with (24 X 7) support.
Minimum Support from OEM after Supply -7 Years
The bidders are expected to respond to the RFP using the forms given in this section and all
documents supporting Technical Evaluation Criteria.
No. Date:
To:
Dear Sir,
This is to certify that we undertake total responsibility for the successful and defect free
operation of the proposed project solution, as per the requirements of the RFP for
“Implementation of Enterprise Resource Planning System in UPCL.”
Thanking you,
Yours faithfully
To:
Subject: Submission of the Technical bid for <Name of the System Integrator’s
assignment>
Dear Sir/Madam,
We, the undersigned, offer for “Implementation of Enterprise Resource Planning System in
UPCL.” on <Name of the System Integrator engagement> with your Request for Proposal
dated <insert date> and our Proposal. We are hereby submitting our Proposal, which includes
this Technical bid and the Financial Bid.
We hereby declare that all the information and statements made in this Technical bid are true
and accept that any misinterpretation contained in it may lead to our disqualification.
We undertake, if our Proposal is accepted, to initiate the Implementation services related to
the assignment not later than the date indicated in Fact Sheet.
We hereby declare that we are not insolvent, in receivership, bankrupt or being wound up, our
affairs are not being administered by a court or a judicial officer, our business activities have
not been suspended and we are not the subject of legal proceedings for any of the foregoing.
We declare that this is our sole participation in this RFP bid and we are not participating/co-
participating through any of other related party or channel.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Authorized Signature [In full and initials]:
__________________________________________
Name and Title of Signatory:
___________________________________________________
Name of Firm:
_______________________________________________________________
Address:
____________________________________________________________________
To,
Subject: Self Declaration of not been blacklisted in response to the RFP for “Implementation
of Enterprise Resource Planning System in UPCL Ltd.” File No <xxx>>.
Dear Sir,
We confirm that our company, ____________, is not blacklisted in any manner whatsoever
by any of the State/UT and/or central government in India on any ground including but not
limited to indulgence in corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice.
Place:
Date:
Note: The Bidder shall necessarily provide a copy of ‘Power of Attorney’ authorizing the
signatory for signing the Bid on behalf of the Bidder in its Pre-Qualification Bid.
1 S/C/TP
2 S/C/TP
3 S/C/TP
Note: Compliance should be given for each and every requirement for the modules as
mentioned in Functional Requirement Specifications Section of this RFP document.
S: Standard
C: Customization
Bidder shall fill up the response column with one of the four values described in the table
below:
Response Description
The bidder needs to submit descriptive response wherever asked for. Bidder can use
“comment” column to furnish additional remarks, if any.
1. Indicate all main activities of the assignment, including delivery of reports (e.g.: inception,
interim, and final reports), and other benchmarks such as purchaser approvals. For
phased assignments indicate activities, delivery of reports, and benchmarks separately for
each phase.
2. Duration of activities shall be indicated in the form of a bar chart.
Form 9: Team Composition for Implementation & O&M period in separate tables
Time
Name of Staff with
Area of Position Task committed
qualification and
Expertise Assigned Assigned for the
experience
engagement
General Information
o Responsibilities and activities
o Duration of the project
Please provide only relevant projects.
Proficient in languages (Against each language listed
indicate if speak/read/write)
Total
1. For professional staff, the input should be indicated individually; for support staff it should
be indicated by category
2. Months are counted from the start of the assignment
To:
Dear Sir:
Ref: Your RFP Ref: [*] dated [*]
We hereby extend our full guarantee and warranty for the Solution, Products and services
offered by the above firm against this Bid Invitation.
We hereby declare that we are not insolvent, in receivership, bankrupt or being wound up, our
affairs are not being administered by a court or a judicial officer, our business activities have
not been suspended and we are not the subject of legal proceedings for any of the foregoing.
We also undertake to provide any or all of the following materials, notifications, and information
pertaining to the Products manufactured or distributed by the Supplier:
a. Such Products as UPCL may opt to purchase from the Supplier, provided, that this option
shall not relieve the Supplier of any warranty obligations under the Contract; and
b. in the event of termination of production of such Products:
i. Advance notification to UPCL of the pending termination, in sufficient time to permit
UPCL to procure needed requirements; and
ii. Following such termination, furnishing at no cost to UPCL, the blueprints, design
documents, operations manuals, standards, source codes and specifications of the
Products, if requested.
We duly authorize the said firm to act on our behalf in fulfilling all installations, Technical
support and maintenance obligations required by the contract.
Yours faithfully,
(Name)
(Name of Producers)
Note: This letter of authority should be on the letterhead of the manufacturer and should be
signed by a person competent and having the power of attorney to bind the manufacturer. The
Bidder in its Bid should include it.
To:
Dear Sir,
Sub: Self-certificate regarding the source code and Intellectual property rights under
this Project
In the event of any deviation from the factual information/ declaration, UPCL. reserves the
right to terminate the Contract without any compensation to the System Integrator.
Thanking you,
Yours faithfully
Name :
Designation :
Date :
Time :
Seal :
Business Address:
Dear Sir,
1. I/We as System Integrator do hereby undertake that we have proposed and sized the
hardware and all software (including perennial and enterprise wide licenses, unless stated
otherwise) based on information provided by UPCL in its RFP document and in accordance
with the service level requirements and performance parameters provided and assure
UPCL that the sizing is for all the functionality envisaged in the RFP document.
2. Any augmentation of the proposed solution or sizing of any of the proposed solutions
(including software and hardware) in order to meet the minimum RFP requirements and/or
the requisite service level requirements and performance parameters given by UPCL will
be carried out at no additional cost to UPCL during the entire period of Contract.
Yours faithfully,
Name :
Designation :
Date :
Time :
Seal :
Business Address:
(To be furnished by the bidder on non-judicial stamp paper of Rs. 100/- [Rs. One Hundred
only] affixing a revenue stamp of Re. 1/-)
Bid Notice
In consideration of UPCL having treated the bidder to be an eligible person whose bid may be
considered, the bidder hereby agrees to the conditions that the proposal in response to the
above invitation shall not be withdrawn within 6 months from the date of submission of the
bids by bidders, also to the conditions that if the bidder does withdraw their proposal within
the said period, the earnest money deposited by them may be forfeited by the UPCL.
Witness:
1. ______________________
2. ______________________
Tender Notice
All the documents submitted for NIT no. …… are correct and true & If any document is found
to be wrong, UPCL Ltd., may disqualify the bid. If the Contract/agreement has been signed,
the same will be cancelled and appropriate action will be taken as per GoU rules and
procedures.
The Bidder (referred as SI-Lead) and the 2nd consortium member (in case
of a consortium; referred as SI-2nd) should meet the QR as mentioned
below:
1. Minimum Average Annual Turnover (MAAT) for best three years out of
last five financial years of the bidder should not be less than Rs 8
Crores i.e. 30% of the estimated cost of the project.
2. Net Worth for the each of the last three Financial Years should be
positive. In case of a consortium, both the SI-Lead and SI-2nd should
have positive net worth in each of the last three audited financial years.
5. The Bidder should have been in the IT / Software services for the last
3 years. Further, the bidder should have successfully implemented at
least two ERP Projects of the offered ERP product in India in last 5
years, which is operational on the date of submission of bid.
(In case of a consortium, this requirement needs to be met by the SI-
Lead.)
The Bidder must have implemented and completed at least one ERP
project costing not less than the amount equal to 20 Crore i.e. 80% of
the estimated cost or two ERP projects each costing not less than the
amount equal to 12.5 Crore i.e. 50% of the estimated cost.
Further, out of above two projects-
At least one number of the offered ERP product must have been
implemented in PSU or Govt. Organization in India.
At least one number of the offered ERP product shall have more
than 100 users base
At least 4 modules out of following functions / modules of the
offered ERP Product must have been implemented (in single
project or jointly in above two referred projects) –
a) Finance
b) Accounting & Controlling
c) Purchasing/Contract and
d) Inventory Management
e) Payroll &
f) Human Resource Management
g) Business Intelligence Reporting
Yours Sincerely
The bidders are expected to respond to the RFP using the forms given in this section and all
documents supporting Financial Bid Evaluation.
These forms are for reference purpose only. Bidders have to submit the financial bid
separately as per the Bill of Quantity (BOQ) uploaded on the tender portal. In case, bidders
submit the financials along with technical bid in hard/soft copy, their bids shall be summarily
rejected.
Total value of the bid shall be calculated manually to decide upon L1 bidder as below:
Total bid value = Total amount with taxes of BoQ1 + Total amount with taxes of
BoQ2
Total in words
1.3 Item 3
1.4 Item 4
1.5 Item 5
1.7 Item 7
1.8 Item 8
1.9 Item 9
1.10 Item 10
1.11 Item 11
1.12 Item 12
1.13 Item 13
1.14 Item 14
1.15 Item 15
1.16 Item 16
1.17 Item 17
1.18 Item 18
1.19 Item 19
1.20 Item 20
1.21 Item 21
1.22 Item 22
1.23 Item 23
1.24 Item 24
1.25 Item 25
1.26 Item 26
1.27 Item 27
1.28 Item 28
1.29 Item 29
1.30 Item 30
1.32 Item 32
1.33 Item 33
1.34 Item 34
1.35 Item 35
1.36 Item 36
1.37 Item 37
1.38 Item 38
1.39 Item 39
1.40 Item 40
Total in figures
Total in words
Note: SI shall provide the mapping of items in above BoQ with actual product item in
technical proposal.
BG No. ………………
Dated: ……………….
To,
Sir
AND WHEREAS the Bidder is required to furnish to you a Bank Guarantee for the sum
of Rs. 51,00,000/- (Rs Fifty-One Lacs only) as Earnest Money against the Bidder’s offer
as aforesaid AND WHEREAS We ………………Bank Ltd., have, at request of the Bidder,
agreed to give you this guarantee as hereinafter contained.
a) That you may without affecting this guarantee grant time or other indulgence to or
negotiate further with the Bidder in regard to the conditions contained in the said bid
document and thereby modify these conditions or add these to any further conditions as
may be mutually agreed upon between you and the Bidder.
b) That the guarantee herein before contained shall not be affected by any change in the
constitution of the Bidder.
c) That this guarantee commences from the date thereof and shall remain in force till the
Bidder, if his proposal is accepted by you, furnishes the security as required under the
said specifications and executes a formal agreement as therein provided or till six months
after the period of validity or the extended period of validity, as the case may be, of the
bid, whichever is earlier.
d) That the expressions ‘The Bidder’ and the ‘the Bank’ and ‘UPCL.’ Herein used shall,
unless such and interpretation is repugnant to the subject or context include their
respective successors and assigns.
e) That any account settled between you and the Bidder shall be conclusive evidence
against us of ` the amount due hereunder and shall not be questioned by us.
Notwithstanding anything contained herein above our liability under this guarantee is restricted
to Rs………../-(Indian Rupees only), and the guarantee shall remain in force up to
………………. (Claim period up to ……………..) Unless a claim or demand is received by us,
at ………….. BANK ………………………., in writing on or before …………… (Claim period up
to ……………..), all your rights under the said guarantee shall be forfeited and we shall be
released and discharged from all our liabilities there under.
AND WHEREAS the payment terms under the Contract provide that in order to take 100%
payment of the Contract value the contractor shall furnish to the purchaser a Bank
Guarantee in the sum of 10% value of each consignment dispatched valid
for..........................
1. In consideration of the promises the Guarantor hereby undertakes that the Contractor
shall duly supply, erect, test and commission (strike off which is not applicable) the
aforesaid material of the correct quality and strictly in accordance with the said contract
failing which the guarantor shall pay to the Purchaser on demand such amount or
amounts as the Guarantor may be called upon to pay to the maximum aggregate of Rs.
......................... being 10% of the Contract value.
2. The Guarantor shall pay to the Purchaser on demand the sum under clause 1 above
without demur and without requiring the Purchaser to invoke any legal remedy that may
be available to it to compel the guarantor to pay the same or to compel such performance
by the Contractor. Provided that where the Guarantor considers the demand of the
Purchaser unjustified, it shall nevertheless pay the same though under protest to the
Purchaser and shall not with-hold payment on that account.
3. This guarantee shall come into force the date hereof and shall remain valid for 12
(Twelve) calendar months from the date of the Commissioning.... of the last
consignment of goods dispatched which date dispatch according to the Contract is the
.......................................... day of ............. ......................... if, however, the period of the
Contract is for any reason extended thereby extending the said date and upon such
extension, if the Contractor fails to furnish a fresh or renewed Bank Guarantee for the
extended period, the Guarantor shall pay to the Purchaser the said sum of
Rs................................................ Or such lesser sum as the Purchaser may demand.
4. The guarantee herein contained shall not be affected by any change in constitution of
the Guarantor or of the Contractor.
5. Any account settled between the Contractor and the Purchaser shall be conclusive
evidence against the Guarantor of the amount due and shall not be questioned by the
Guarantor.
6. The neglect or forbearance of the Purchaser in enforcement of payment of any moneys
the payment whereof is intended to be hereby secured or the giving of time by the
Purchaser for the payment thereof shall in no way relieve the Guarantor of its liability
under this deed.
7. The Purchaser and the Contractor will be at liberty to carry out any modifications in the
said Contract during the time of the said contract and any extension thereof, notice of
which modifications to the guarantor is hereby waived.
8. The expressions ‘The Purchaser’ and ‘The Guarantor’ and ‘The Contractor’ shall unless
there be any thing repugnant to the subject or context include their respective successors
and assigns.
9. Notwithstanding anything contained above, the liability of the Guarantor hereunder is
restricted to the said sum of Rs................................. And this guarantee shall expire on
the ............................ day of ............................... 201 .............unless a claim under the
guarantee is filled with the Guarantor within six months of such date, all claims shall
lapse and the Guarantor shall be discharged from the guarantee.
IN WITNESS WHEREOF
For and on behalf of the Guarantor has signed this deed on the day and year first above
written.
Witness:
1.
Signed by
Guarantor)
Originator:
Sponsor:
Date of Initiation:
Details of Proposed Change
(To include reason for change and appropriate details/specifications. Identify any
attachments as A1, A2, and A3 etc.)
Authorized by : Date:
Name:
Signature: Date:
Received by the IP
Name:
Signature:
Impact:
Deliverables:
Timetable:
Signature:
Signature Signature
Name Name
Title Title
Date Date
General
This pre-bid pre-contract Agreement (herein after called the Integrity Pact) is made on day of
the m o n t h of ……. 2018, between, on one hand, the …………………. (Name of Owner)
acting through Shri…… (Name and designation of Project Manager) (here in after called the
"BUYER", which expression shall mean and include, unless the context otherwise requires,
his successors in office and assigns) of the First Part and M/s……. (Name of Bidder)
represented by Shri , Chief Executive Officer (herein after called the "BIDDER/Seller" which
expression shall mean and include, unless the context otherwise requires, his successors and
permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item) and the
BIDDER/ Seller is willing to offer/has offered the stores and
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from
any influence/prejudiced dealings prior to, during and subsequent to the currency of the
contract to be entered into with a view to: -
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary
impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors WI” also abstain
from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in
any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter in to this Integrity Pact and agree as follows:
1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with
the contract, will demand, take a promise for or accept, directly or through intermediaries,
any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any
other advantage from the BIDDER, either for themselves or for any person, organisation
or third party related to the contract in exchange for an advantage in the bidding process,
bid evaluation, contracting or implementation process related to the contract.
1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike and will provide to
all BIDDERs the same information and will not provide any such information to any
particular BIDDER which could afford an advantage to that particular BIDDER in
comparison to other BIDDERs.
1.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach
2.0 In case any such preceding misc. on duct on the p ar t of such official(s) is reported by
the BIDDER to the BUYER with full and verifiable fact sand the same is prim a facie found
to be correct by the BUYER, necessary disciplinary proceedings, or any other action as
deemed fit, including criminal proceedings may be initiated by the BUYER and such a
person shall be debarred from further dealings related to the contract process. In such a
case while an enquiry is being conducted by the BUYER the proceeding sunder the
contract would not be stalled.
Commitments of BIDDERs
3.0 The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair mean sand illegal activities during any stage fits bid or during any pre-contract or
post- contract stage in order to secure the contract or in furtherance to secure it and in
particular commit itself to the following: -
3.1 The BIDDER will not offer, directly or through in term diaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the BUYER, connected
directly or indirectly with the bidding process, or to any person, organization or third party
related to the contract i n exchange for any advantage in the b i d d i n g , evaluation,
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly
or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial
benefit or other advantage, commission, fees, brokerage or inducement to any official of
the BUYER or otherwise in procuring the Contractor for bearing to door having done any
act in relation to the obtaining or execution of the contract or any other contract with the
Government for showing or for bearing to show favour or disfavour to any person in
relation to the contract or any other contract with Government.
3.3 BIDDERs shall disclose the name and address of agents a n d representatives and Indian
BIDDERs shall disclose their foreign principal so associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any
other intermediary, in connection with this bid/contract.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
manufacturer / integrator/authorised government sponsored export entity of the defence
stores and has not engaged any individual or firm or company whether Indian or foreign
to intercede, facilitate or in any way to recommend to the BUYER or any of its
functionaries, whether officially' or unofficially to the award of the contract to the BIDDER,
nor has any amount been paid, promised or in tended to be paid to any such individual,
firm or company in respect of any such intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or intends
to make to officials of the BUYER or their family members, agents, brokers or any other
intermediaries in connection with the contract and the details of services agreed upon for
such payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.9The BIDDER shall not use improperly, for purposes of competition or personal gain, or
pass on to others, any information provided by the BUYER as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The BIDDER also undertakes to
exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively, if any relative of an officer of the BUYER has financial interest/ stake in the
BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of bid.
The term’ relative' for this purpose would beads fined in Section 6 of the Companies
Act1956.
3.13 The BIDDER shall not lend to borrow any money from or enter in to any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country
in respect of any corrupt practices envisaged hereunder or with any Public Sector
Enterprise in India or any Government Department in India that could justify BIDDER’s
exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender processor the contract, if already awarded, can be terminated
for such reason.
5.1 While submitting commercial bid, the BIDDERs hall deposit an amount………. (to be
specified in RFP) as Earnest Money/Security Deposit, with the BUYER through any of the
following instruments:
(iii) Any other mode or through any other instrument (to be specified in the RFP).
5.2 The Earnest Money/ Security Deposit shall be valid up to a period of …. years or the
complete conclusion of the contractual obligations to the complete satisfaction of both the
BIDDER and the BUYER, including warranty period, whichever is later.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance Bond in the 'Purchase Contract that the provisions of Sanctions
for Violation shall be applicable for forfeiture of Performance Bond in case of a decision
by the BUYER to forfeit the same without assigning any reason for imposing sanction for
violate on of this Pact.
5.4 No interest shall be pay able by the BUYER to the BIDDER on Earnest Money/Security
Deposit for the period of its currency.
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the
BUYER to take all or any one of the following actions, wherever required: -
(i) To immediately call off the pre contract negotiations without assigning any reason or
giving any compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/
Performance Bond (after the contract is signed) shall stand forfeited either fully or
partially, as decided by the BUYER and the BUYER shall not be required to assign any
reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
238 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
(iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing Prime Lending Rate of State
Bank of India, while in case of a BIDDER from a country other than India with interest
thereon at 2% higher than the UBOR. If any outstanding payment is due to the BIDDER
from the BUYER in connection with any other contract for any other stores, such
outstanding payment could also be utilized to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by the
BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to
pay compensation for any loss 'or damage to the BUYER resulting from such
cancellation/rescission and the BUYER shall be entitled to deduct the amount so
payable from the money(s) due to the BIDDER
(vii) To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be further
extended at the discretion of the BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman
or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the BUYER with the BIDDER, the same shall not be opened.
(X) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the
same without assigning any reason for imposing sanction for violation of this Pact.
6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x)
of this Pact also on the Commission by the BIDDER or anyone employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER), of an offence as
defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988
or any other statute enacted for prevention of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has
been committed by the BIDDER shall be final and conclusive on the BIDDER. However,
the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this
Pact.
7. Fall Clause
7.1 The BIDDER undertakes that it has not supplied/is not supplying similar product/systems
or subsystems at a price lower than that offered in the present bid in respect of any
other Ministry/Department of the Government of India or PSU and if it is found at any
stage that similar product/systems or sub systems was supplied by the BIDDER to any
other Ministry/Department of the Government of India or a PSU at a lower price, then that
very price, with due allowance for elapsed time, will be applicable to the present case and
the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract
has already been concluded.
8. Independent Monitors
8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for
this Pact in consultation with the Central Vigilance to as Monitors) for this Pact in
consultation with the Central Vigilance Commission (Names and Addresses of the
Monitors to be given).
8.2 The task of the Monitors shall be to review independently and objectively, whether and to
what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties and
perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will
so inform the Authority designated by the BUYER.
8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all
Project documentation of the BUYER including that provided by the BIDDER. The
BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is
240 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
8.7 The BUYER will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the parties. The parties will offer to the Monitor the option
to participate in such meetings.
8.8 The Monitor will submit a written report to the designated Authority of BUYER/Secretary
in the Department/ within 8 to 10 weeks from the date of reference or intimation to him by
the BUYER / BIDDER and, should the occasion arise, submit proposals for correcting
problematic situations.
9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission,
the BUYER or its agencies shall be entitled to examine all the documents including the Books
of Accounts of the BIDDER and the BIDDER shall provide necessary information and
documents in English and shall extend all possible help for the purpose of such examination.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of
the BUYER.
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings
12. Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years
or the complete execution of the contract to the satisfaction of both the BUYER and the
BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the signing
of the contract.
12.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this
241 UPCL, Dehradun
RFP for Implementation of ERP System in UPCL
Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions.
BUYER BIDDER
Designation
Deptt. /PSU
Witness Witness
1………………………. 2……………………………….
2………………………. 3……………………………….
* Provisions of these clauses would need to be amended/ deleted in line with the policy of the
BUYER in regard to involvement of Indian agents of foreign suppliers
Bidders may provide the deviations in below sheet. Unless such deviations are mentioned
in this deviation sheet, the same will not be taken into consideration.
However, it is on sole discretion of UPCL to accept or reject the deviations. UPCL may ask
the bidders to withdraw such deviations which are not being accepted by UPCL. If bidders
don’t withdraw the deviations, their financial bid will not be opened and the bids will be rejected
summarily thereafter.
Except aforesaid deviations, the entire order, if placed, shall be executed in accordance with
specifications and any other conditions, variations/deviations etc. if found, elsewhere in this
proposal should not be given any consideration while finalizing the bid.
Place: ______________
Date: ______________