REQUEST FOR PROPOSAL FOR SELECTION OF IMPLEMENTATION PARTNER FOR SAP ERP SOLUTION AT

ANNA GROUP OF COMPANIES

ANNA ALUMINIUM COMPANY (P) LTD. KIZHAKKAMBALAM- 683562 ALUVA KERALA INDIA

INDEX
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Letter of invitation RFP time schedule Purpose of RFP About the organization Objective I T vision I T objectives. Qualities expected of the vendor Scope Implementation assumptions Project methodology Technical architecture Project completion criteria Bidders project management Functional consultants Project plan Existing IT Structure Pre-qualification criteria Evaluation process Clarification and amendment to RFP document Communication Cost incidental to RFP preparation Understanding the project Technical proposal. Financial proposal. Tender document fees Earnest Money Deposit Submission, receipt and opening of the proposal Last date of submission of proposal. Validity of proposal. Amended proposals Bidder's right to withdraw proposals. Deviations in the terms and conditions Contract deviation Change in the S I 's representatives Return of information to the Anna False or misleading claims
2

4 5 5 5
6 7 7 7 8 9 9 9 9 10 10 10 11 16 17 18 19 19 19 19 20 20 20 21 21 21 22 22 22 22 22 22 23

38 39 40 41 42 43 44 45 46 47 48 49 50 51

No reliance Subcontracting Confidentiality Settlement of disputes Force Majeure Insurance coverage Contract performance guarantee Delay in performance Roles and responsibilities envisaged Deliverables and payment terms Jurisdiction Governing language Data sheet Standard Formats

23 23 23 23 24 25 25 25 25 27 28 28 29 30

1.

Letter of Invitation

This request for proposal (RFP) is for selection of implementation partner for Enterprise Resource planning at Anna Group of Companies, Kizhakkambalam (mentioned as the Anna hereafter).Interested bidders are invited to participate for this engagement. Anna Group, a multi product, multi market, multi crore success story that began its operation in 1968, evolved as a company devoted to the manufacture of Aluminum vessels grown into a multidimensional giant with interests in various fields ranging from textiles to spices. The objective of this engagement is to provide seamless information across the organization for easier decision making. Interested bidders may download the RFP document from the company's website www.annagroup.net and send an intimation of the same at emailissac@annagroup.net The tender documents can also be obtained from M/s Anna Aluminium Co Pvt Ltd, Kizhakambalam on payment for Rs.2500/- (Rupees two thousand five hundred only) on all working days. The payment can be made either by cash or in the form of demand draft payable to Anna Aluminium Co Pvt Ltd Kizhakkambalam. In case of downloading the document the bidder is expected to remit Rs 2500/through DD at the time of submission of the bid. Pre bid conference 22 11 2010

Last date for submission of proposals 15 00 Hrs IST on 15 12 2010

ISSAC VARGHESE MANAGER SYSTEMS 09447988307 issac@annagroup.net

2. 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 3.

RFP TIME SCHEDULE Publication of RFP Last date for sending pre bid query Pre bid conference Clarification to pre bid queries Bid submission Bid opening- (technical) Bid opening (financial) PURPOSE OF RFP
Amended

01/11/2010 15/11/2010 22/11/2010 29/11/2010 15/12/2010 (Amended) 15/12/2010 (Amended) will be informed

Anna group has purchased SAP R/3 software license and propose to use it for replacing its current production planning, financial, payroll and sales and distribution software systems. The purpose of the RFP is to provide the requirements and guidelines that will be used to select a partner ( hereinafter mentioned as System Integrator or SI) to assist the Anna in the implementation of the software. This RFP is a competitive procurement process and price alone is not the determining factor. The Anna reserves its right to negotiate with multiple bidders to arrive at a mutually agreeable relationship. 4. ABOUT THE ORGANIZATION

This section is indented to give a fair idea about the working of Anna. 4.1 ANNA ALUMINIUM CO PVT LTD. This is the flag ship company manufacturing various aluminium vessels, appliances, thermowares, cookwares and pressure cookers in the brand name of Chakson and Anna. The company's products span the entire range of house hold and commercial needs within the country and overseas markets of Gulf, Africa & USA. It has manufacturing facilities at Kizhakambalam and Coimbatore. 4.2 ANNA ALUMINIUM VESSELS

This is a trading Company dealing with products of Anna Aluminium Co Pvt Ltd , Kitex Ltd and Saras. The company is maintaining showrooms throughout the state of Kerala . It has a fleet of vehicles catering to the needs of the entity.

4.3

KITEX LTD

This unit situated at Kizhakambalam was established in 1975 and is engaged in the manufacture of fabric made of cotton and other blends, grey clothes, bedsheets, lungies and dothies. The Kitex brand is popular not only within the country but also across the world. This has another unit at Coimbatore. 4.4 SARAS SPICES

This is another venture of the group started in 1976 producing all types of curry powders, masalas, ready to eat and ready to cook items. Saras brand name is popular in India as well as markets like Gulf, United Kingdom, USA etc. The Company has Agmark certification for quality and purity of its products. Ready to eat and ready to cook items are produced in HACCP Certified unit and is approved by Export Promotion Council and FDA of USA. 4.5 KITEX GARMENTS DIVISION This division produces inner garments from fabric of high quality using imported machineries. 4..6 SCOOBEESDAY AND TraWellDay BAGS DIVISION. This unit is manufacturing school bags of various patterns and sizes using totally imported machineries .The Schoobeesday bags are a big hit among the school going kids not only within the country but outside also. TraWellDay is another brand of bags of the group which are catering to the needs of baggage and luggage sectors. 5. OBJECTIVE The ANNAs prime objective is to develop a relationship with the S.I who will assist the Anna to achieve its goals by implementing SAP R/3 software and will help to bring the organizational change on time. 6. IT VISION To enable smooth business process in the Anna using Information Technology as an enabler and ensure that information is available across the organization
6

for making correct management decisions to achieve the business goals. 7. 7.1 7.2 7.3 7.4 7.5 8. IT OBJECTIVES. To improve management decisions making process by accessing online accurate information. To improve efficiency and effectiveness To constantly improve organization image. To exercise better management control over various operational aspects. To minimize redundancies by creating integrated data banks. QUALITIES EXPECTED OF THE VENDOR The Anna is looking for an implementation partner (SI) 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Who has successfully implemented the SAP R/3 software as the prime contractor in a manufacturing organization Has a strong knowledge about the industry/industries the Anna is dealing with. Is having highly qualified and experienced staff in the technical and functional aspects of SAP R/3 software. Who will give a complete system integration service Will provide continuity of consultants through out the duration of the Project. Will assist the Anna to bring about the organizational change. Give necessary training to the users.

9. SCOPE 9.1 9.1.1 9.1.1 9.1.2 9.1.3 9.1.4 9.1.5 9.1.6 9.1.7 9.2 9.3 The Anna intends to implement the following standard modules of SAP R/3 software. Materials Management Production Planning Quality Management Sales & Distribution Financial Controlling Human Resource (Amended) Pay-roll (Amended) The SI will give necessary training to the core users and end users as need be. Identification of customization needs to match with the Anna's requirements and provide necessary documentation including efforts required for the same. The SI will cater to change management essential for the implementation of the ERP application. The data migration from the current legacy systems to the new system. Some unique requirements may emerge due to business requirements and such customization shall be identified and firmed up and executed by the SI. These are envisaged to be limited to development of additional forms, reports, graphs and queries

9.4 9.5 9.6

10.

IMPLEMENTATION ASSUMPTIONS The Anna will adapt its business practices to those supported by the configurations of SAP R/3 software to the extend possible and very limited program extensions. Base code modification of SAP R/3 software is not planned. The bidders proposal to be limited to

10.1 The functionality deliverables viz the configuration of SAP R/3 modules and 10.2 The specification of the legacy data conversion process ( including data mapping ), system extensions and reports. 11. PROJECT METHODOLOGY The Anna expects that each bidder will demonstrate a proven implementation methodology. 12. TECHNICAL ARCHITECTURE The Anna propose to implement SAP R/3 software on a DELL / IBM / HP server using ORACLE /MS Sql as the relational database management system. Communication with system users will be via TCP/IP over both local and wide area network. 13. PROJECT COMPLETION CRITERIA Anna envisages a project completion in the following stages. * Functional integration and stress acceptance testing satisfactorily completed for all functionalities. * Documentation of all business processes, end user procedure and an end user training plan. * Legacy data conversion process completed, tested, auditable and reconcilable . * Technical system management procedure documentation. * System interfaces completed and tested. *Documentation of the system roll out go live plan implementation
9

* System go live * Adequate transfer of knowledge so that the end users can manage the system independently. 14. BIDDERS PROJECT MANAGEMENT

14.1 Successful bidder shall provide a full time on site project manager for the entire duration of the project and will advise on project planning , implementation methodology, scope definition, best industry practices , functionalities of SAP R /3 , training and other matters relevant for successful completion of the project. 14.2 The project manager shall be associated with the project till completion, unless directed by the Anna, in order to have continuity of the project. 14.3 The project manager shall have adequate experience in managing projects of comparable size and complexity and be an expert in SAP R/3 implementation.

15.

FUNCTIONAL CONSULTANTS The functional consultants deputed by the bidder for implementation shall be certified by SAP in the functional areas in which they are assigned the job and should have required experience in the configuration and the implementation of SAP modules.

16

PROJECT PLAN The bidder shall give a project plan to be followed during the project implementation stage and may include

16.1 Major activities included in the project16.2 Key milestones, project activities and deliverables 16.3 Responsibilities of both the bidder and Anna
10

16.4 The critical factors for the success of the project. 16.5 The method of tracking and measuring the progress of the project 16.6 The methodology used to manage the scope of work 16.7 Procedure for the conversion of the legacy data without affecting the working of the organization. 16.8 The training planning for the users of the system 16.9 Proposal for helping organizational change.

11

12

All locations except showrooms are having its own network. All showrooms are having single PC which is connected to Anna Aluminium Company using Citrix. All Locations are interconnected through Fiber, Switches are Gigabit Auto sensing Finance Dept of all locations are handled by Tally 9.1 Anna Aluminium Company Pvt Ltd 1. a. b. c. d. 2. a. b. c. d. 2. a. b. c. d. 4. a. b. c. 5. a. b. c. d. e. f. Citrix Server - For Showroom Billing Windows 2000 server Terminal service Tally IBM x226 Xeon 3.0 Ghz, 2 GB RAM Oracle Server Windows 2000 Server Oracle 10g database for Existing Anna ERP File Server for Tally for Anna users IBM x226 Xeon 3.0 Ghz, 2 GB RAM PDC and Webserver Windows 2000 server IIS 6.0 .net Frame Work 2.0 IBM x226 Xeon Dual core 2.13 Ghz, 3 GB RAM Sql Server Windows 2003 Sql Server 2000 Dell Poweredge R610 E5520 x 2, 4 4GB RAM Mail Server Redhat Enterprise Linux 4.0 Sendmail Squid Firewall Appache Fetchmail

13

Kitex Ltd 1. Sql server a. b. c. 2. a. b. c. Windows 2008 Sql Server 2008 Dell Poweredge T610 E5520 x 2, 4 4GB RAM PDC Files Server for Tally for Kitex Users Intel Pentium 1.5gb RAM

Windows 2000

Software Licenses Having At Anna 1. 2. 3. 4. 5. Windows 2008 Standard Edition 2 Nos Windows 2003 Standard Edition 1 Nos SMALLL Business server 2000 Standard edition 1 Nos Oracles 8 i Windows Xp professional / Vista 35 Nos Licenses Having At Kitex Ltd 1. 2. 3. Windows 2008 Standard Edition 1 Nos Sql Server 2008 Standard 2008 1 Nos Windows Xp professional / Vista 30 Nos Application softwares 1. 2. 3. 4. 5. 6. 7. Microsoft office 2000 4 Nos Open Office Clarion ERP(At Anna, Cooker Plant) for Procurement, Manufacturing and Despatch Customized ERP at Kitex for Procurement,Manufacturing, Despatch Customized application at Kitex for Procurement, Manufacturing, Despatch Tally for Finance Web portal for Purchase and Gate pass approval
14

Hardware 1. Laptops and Computers a. Computers 80 b. Laptops 17 c. Barcode Scanners 14 d. Barcode Printers 5 Printers a. Dot-matrix b. Laser Printers UPS a. 12 Nos 34 KVA 27 5

2.

3.

15

18.

PRE-QUALIFICATION CRITERIA

Sl No 1
2

Qualification criteria The bidder should be at least a CMM level 3 certified company. The bidder should be an ISO 9001-2008 Certified Co. 3 The bidder should be a certified Service partner of SAP R/3 with at least 10 implementations in manufacturing companies as a prime contractor out of which one each should be in an Engineering process industry , textile industry. and food industry The Project Manager should have minimum 5 years experience in SAP R/3 implementation and should have led minimum one implementation each in any two of the industries. Anna is dealing with . 5 The bidder should have at least 25 full time ERP consultants.

Supporting document copy of document copy of certificate copy of work order

Details of the Project Leader

Qualification and experience of ERP consultants

16

19.

EVALUATION PROCESS

19.1 Technical proposal The Anna will constitute an evaluation committee and the evaluation will be made on the following matrix. 1. CMM certification CMM level 3 Above level 3 ISO Certification SAP implementation Experience 10 manufacturing companies 11 to 20 manufacturing companies more than 20 4. Specific industry experience 1 textile industry 2 to 5 textile industries more than 5 textile industries 1 engineering process industry 2 to 5 engineering process industries more than 5 1 food process industry 2 to 5 ,, more than 5,, 5. Quality of manpower Project Manager's total experience 5 years
17

7 5 7 3 15 05 10 15 15 2 3 5 2 3 5 2 3 5 30 10 2

2. 3.

6 to 10 more than 10 Project Manager's industrial experience Any two of the industries Anna is dealing with all the three industries Number of Consultants 25 consultants upto 50 more than 50 6. Project understanding

5 10 10 5 10 10 5 7 10 30

(relevance of approach and methodology to be demonstrated through presentation ) The qualifying bench mark level will be 45 points. Only those bidders meeting the requirements will be considered for the opening of financial bids. 19.2 Financial proposals. The financial proposals of those bidders whose technical bids are acceptable as per the evaluation criteria will be opened and evaluated.The evaluation will be based on the total bid amount including the taxes and AMC for three years. However the Anna is not bound to award the contract to the lowest bidder. 20. CLARIFICATION AND AMENDMENT TO RFP DOCUMENT Any clarification should be send one week in advance to the pre-bid conference. No clarification after this date will be entertained. The Anna will respond in writing including standard electronic means and will send copies of the response (without identifying the source of the query) to all prospective bidders. Should the Anna feel it necessary to amend the RFP as a result of clarification, it shall do so following the procedure as below. At any time before the submission of the proposals, the Anna may amend the RFP by issuing an addendum in writing including standard electronic means.
18

The addendum shall be send to all bidders and will be binding on them.If the amendment is substantial, the Anna may extend the proposal submission date suitably. 21. COMMUNICATION The bidder shall send all communications at the mailing address or by email or fax given in the data sheet. 22. COST INCIDENTAL TO RFP PREPARATION Bidders shall bear all the costs associated with the preparation and submission of their proposals and contract negotiation. The Anna is not bound to accept any proposal and it reserves its right to annul the selection process at any time prior to contract award without assigning any reason and without any liability to the bidders. 23. UNDERSTANDING THE PROJECT The bidders may contact the Anna representative for their visit, if required , to obtain additional information. All costs to their visit shall be born by the bidder themselves. 24. TECHNICAL PROPOSAL While preparing the proposal the bidders are requested to give attention to the following. 24.1 The proposal shall mention the expected man months for the key professionals and the supporting staff. 24.2 The key members shall be permanent employees of the bidder. 24.3 The key professionals should have minimum experience as mentioned. 24.4 Alternative key professional staff shall not be proposed and only one curriculum vitae( cv )shall be submitted for each key position. 24.5 Curriculum vitae of the supporting staff shall also be submitted. 24.6 The technical proposal shall not include any financial information pertaining to the cost of proposal.
19

25.

FINANCIAL PROPOSAL.

25.1 The financial proposal should follow Standard Forms and the list of all cost associated with the assignment. 25.2 The financial proposal should clearly give the details like taxes, duties, levies and other charges if any imposed under the applicable laws. 25.3 The bidding should be in INR 26. TENDER DOCUMENT FEES Those bidders who have not purchased the tender document from the Anna and have downloaded from the company's website has to attach a DD for Rs 2500/favouring Anna Aluminium Co Pvt Ltd, Kizhakambalam. 27. EARNEST MONEY DEPOSIT An Earnest Money Deposit of Rs 100000/- has to be submitted in the form of DD favouring Anna Aluminium Co Pvt ltd along with the proposal. Proposals not accompanied by EMD shall be rejected. No interest shall be paid on the EMD amount. The EMD of the unsuccessful bidders will be returned within one month of the award of the contract, but not later than 150 days from the date of opening. EMD Shall be forfeited in the following events. " If proposal is withdrawn during validity of the proposal or any extension agreed by the bidder.

" If the proposal is varied or modified in a manner not acceptable to the Anna after opening of the proposal or during validity of the proposal or during the extension agreed by the bidder.

20

28.

SUBMISSION, RECEIPT AND OPENING OF THE PROPOSAL

28.1 The Technical and Financial proposals shall be submitted in the respective Formats 28.2 The Technical and Financial proposals shall not contain any interlineations or over writings except as to correct errors made by the bidder. The person who has signed the proposal must initial such corrections. 28.3 The authorized representative of the bidder shall sign all the pages of the technical and financial bids. The authorization shall be in the form of a written power of attorney accompanying the proposal. 28.4 The original and two copies (hard copies) of the technical proposal should be submitted. This shall also be submitted in soft copy (CD). 28.5 The original and copies of the technical proposal shall be placed in one cover superscribing TECHNICAL PROPOSAL Financial Proposal. has to be kept in separate cover superscribing the FINANCIAL PROPOSAL.The covers containing technical proposal, financial proposal and EMD cover ( including the tender form fee , if any) shall be kept together in another cover, seal it, superscribing proposal for ERP IMPLEMENTATION. The Anna is not responsible for misplacement, loss or premature opening, if the outer envelope is not marked clearly as stipulated. 28.6 Telegraphic/telefax/email submission of proposal shall not be accepted. 28.7 The proposal shall be received by the Anna within time and proposals received after the due date will be treated as non responsive. 29. LAST DATE OF SUBMISSION OF PROPOSAL. The bids shall be submitted not later than 15.00 hrs on 15 12 2010 30. VALIDITY OF PROPOSAL. The proposal shall remain valid for 120 days from the opening of the proposal. Proposals submitted with lesser validity period shall be rejected.

21

31.

AMENDED PROPOSALS Bidders may submit amended proposals before the opening date of the proposal and in that case the amended proposals shall be a complete replacement of the earlier version and the Anna will not merge , collate or assemble proposal material. No amendment shall be entertained after the bid opening time.

32.

BIDDERS RIGHT TO WITHDRAW PROPOSALS. Bidders are allowed to withdraw the proposal at anytime prior to the opening of the bid through a written request signed by the authorized representative of the bidder. Withdrawal request received after the opening of the bids will not be entertained.

33.

DEVIATIONS IN THE TERMS AND CONDITIONS Printed terms and conditions of the bidder will not be considered as forming part of the proposal. If any terms and conditions of this RFP is not acceptable to any bidder it should specifically mention deviations in its proposal in the stipulated format ' Statement of Deviations'.

34.

CONTRACT DEVIATION Any additional requirement that is not covered in this RFP will be discussed and negotiated between the Anna and the successful bidder and shall not give an opportunity to revise the bid.

35.

CHANGE IN THE SI REPRESENTATIVES The Anna reserves the right to require a change in the SI 's representatives if the assigned representatives are not, in the opinion of the Anna meeting its needs adequately.

36.

RETURN OF INFORMATION TO THE ANNA The Anna reserves its right and absolute discretion to demand, at any stage, that all written information provided by the Anna ( whether confidential or otherwise, irrespective of the type of media on which such information was provided )
22

be returned to the Anna, in which case the bidder must promptly return all such information to the Anna or destroyed by the bidder, in which case the bidder must properly destroy all such information and provide to Anna a written certification that it has been destroyed. 37. FALSE OR MISLEADING CLAIMS The Anna at its sole discretion exclude or reject any proposal that in the reasonable opinion of the Anna contains any false or misleading claims or statements. The Anna has no liability to anybody for excluding or rejecting any such proposal. 38. NO RELIANCE Bidders must form independent judgment about the information and figures provided in the RFP. Bidders may make their own enquiries and evaluations to form the judgment. Anna bear no liability to any agency to act, fail to act in reliance on any information or figures in the RFP. 39. SUBCONTRACTING The bidder shall not assign or subcontract in whole or in part its obligations to perform under this assignment. 40. CONFIDENTIALITY Except with the prior written consent of the Anna, the SI and its personnel shall not at any time communicate to any person or entity any information acquired in the course of this service, nor shall the SI and its personnel make public the recommendations formulated in the course of or as a result of this service. 41. SETTLEMENT OF DISPUTES

41.1 Amicable settlement: The performance of the services will be governed bythe terms and conditions of the proposed contract to be signed by the Anna and SI. Should any dispute arise between the parties, the same shall be resolved amicably by mutual discussion across the table. 41.2 Arbitration: If the disputes could not be resolved amicably by mutual discussion, the matter shall be referred to an arbitrator appointed by Managing Director, AACPL and will be proceeded under the Indian Arbitration Act 1996
23

and the rules framed there under. The decision of the arbitrator will be binding on both the parties and the law applicable will be the Laws of India. The venue of arbitration will be Kochi , Kerala The costs of arbitration will be shared equally by both the parties. 42. FORCE MAJEURE For the purpose of this assignment, Force Majeure means an event which is beyond the reasonable control of a party, is not foreseeable, is unavoidable and not brought about by or at the instants of the party claiming to be affected by such events and which has caused the non performance or delay in performance , and makes a party's performance of its obligations here under impossible or so impractical and includes, but not limited to war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other extreme weather conditions, strike, lockout or other industrial actions (except such strikes, lockouts or other industrial actions are within the power of the party invoking force majeure to prevent), confiscation or any other action by government agencies. Force Majeure shall not include: any event which is caused by the negligence or intentional action of a party or by or of such party's sub vendors or agents or employees; any event which a diligent party could reasonably have been expected Both to take into account at the time of conclusion of the contract and avoid or overcome in the carrying out of its obligation hereunder. Measures to be taken: A. Party affected by an event of Force Majeure shall continue to perform its obligations under the contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. A party affected by an event of Force Majeure shall notify the other party of such event as soon as possible, and in any case not later than 7 days from the date of occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.
24

B.

C.

Any period within which a party shall pursuant to this assignment, complete any action or task, shall be extended for a period equal to the time during which such a party was unable to perform such actions as a result of Force Majeure. In the case of disagreement between the parties as to the existence of Force Majeure, the matter shall be settled through arbitration. INSURANCE COVERAGE The SI shall take out and maintain Insurance cover for its employees working at Anna sites at its own costs for all the risks associated and is bound to produce the same if demanded by the Anna.

D. 43.

44.

CONTRACT PERFORMANCE GUARANTEE On receipt of the award of contract from the Anna the successful bidder shall submit a performance guarantee in the form of a performance bank guarantee or through a DD favoring AACPL for 10% of the contract amount ( including taxes and AMC amount) which will be kept valid till the expiry of the contract period including the AMC. After the expiry of the period on successful completion, the performance guarantee will be returned with out any interest. In the event of contract being determined or rescinded under the provisions of the contract / agreement the performance guarantee money will be forfeited in full and shall be absolutely at the disposal of AACPL.

45.

DELAY IN PERFORMANCE Any delay in completion o f the assignment within the stipulated time shall render the successful bidder any or all of the following. Forfeiture of the performance money. Termination of the contract.

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46. 46.1. Anna

ROLES AND RESPONSIBILITIES ENVISAGED

* To ensure that all the members of the Team take active part in the implementation process. " " " " " Identify key point of contact. Conduct meeting once in 15 days to review the progress of the project. Ensure speedy resolutions of issues. Provide necessary infrastructure and facilities requested by the bidders and agreed by Anna. Handle the 'change management'.

46.2 " " " " " " " "

The successful bidder

fulfill the tasks of the assignment ensure security of the data with proper backups provide training as needed. Provide hand holding supports to the user communities. Provide documentation and user manuals wherever necessary. Successful integration of the system Report progress periodically Help the 'change management'.

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47.

DELIVERABLES AND PAYMENT TERMS Project preparation and Business Blue Print phase consisting of Detailed project plan Roles and responsibilities of the Anna and the SI Finalization of To Be process List of reports and MIS to be generated from ERP. Training strategy and plan Change management strategy 100% of the amount for the item on completion of the milestone and sign off has been received from the Anna

47.1

47.2

Completion of customization and the implementation of ERP, testing,accompanied by test reports, issue logs at various stages like unit testing, configuration, integration and testing at all locations Production environment setup including data load, full load and stress test User training at all locations

25% of the implementation cost on completion of the milestone and sign off has been received from the Anna

47.3

25 % of the implementation cost on completion of the milestone and sign off has been received from the Anna. 100% of training cost on completion
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47.4

of training at all locations and sign off has been received from the Anna. 47.5 Go live acceptance. 50% of the implementation cost on completion of the milestone and sign off has been received from the Anna. NIL Equated monthly installments at the end of each calendar month.

47.6 47.8

Warranty of one year AMC for 3 years

Note 1: Milestone will be deemed completed only on the Anna has given a written sign off for each item. Note 2: Payment will be made only on successful completion of each milestone. Note 3: Statutory deductions if any will be made from the payment. 48 JURISDICTION The contract governing this project shall be subject to the jurisdiction of the courts in Ernakulam.,Kerala. 49. GOVERNING LANGUAGE All correspondence pertaining to this assignment shall be in English.

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50

DATA SHEET Details Anna Aluminium Co Pvt Ltd, Kizhakambalam . Aluva , Kerala 683562, Ph:0484-2680700,Fax:0484-2684866 website:www.annagroup.net Selection of Implementation Partner (System Integrator) for SAP R/3 for Anna Group of Companies, Kizhakambalam and Coimbatore Refer RFP document. At Kitex Ltd Kizhakambalam at.11 00 Hrs on 15 11 2010 (Amended) Mr Issac Varghese
Manager Systems 9447988307 issac@annagroup.net

Sl no Particulars 1 Name & address of publisher

Name of assignment

3 4 4
5 6 7 8 9

Scope Prebid conference Contact person Contact No E-mail Tender document fee Earnest Money Deposit Submission of bids

10 11 12

Validity of proposal Date of opening of technical Proposal Project team

Rs 2500/Rs 100000/One original and 2 copies of technical bid along with soft copies. One original of financial bid in separate cover. 120 days from date of opening 15 12 2010 (Amended) Residential. No accommodations will be provided by Anna

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51..

STANDARD FORMATS 51.1 Information about the bidder

51.1.1 Name of the bidder (incase of a consortium the details of prime bidder ) Name Address Telephone number Fax number website email 51.1.2 Name of authorized person Name Address Telephone number Fax number email

51.1.3 Incase of a consortium details of other members ( two or more parties can form a consortium and bid for this project. The consortium proof should be submitted along with the proposal signed by each member of the consortium). Name Address Telephone number Fax number website email

51.1.4

Information about the consortium

30

Name of members of consortium

Status of the details of date of company. (Public/ incorporation commenceme pvt) date ROC nt of business #

Note: Please attach Memorandum and Articles of Association for each of the members. 51.1.5 Financial details of the bidders ( in case of consortium, the prime member)

Name of the bidder

Turnover (IT related operations ) 07-08 08-09 09-10

51.1.6 Summary of relevant experience Sl no Name of locations Details of the client Value Type of the Nature of assignment industry

31

51.1.7. Team composition

51.1.7.1

Professional staff

Sl no Name

Task Proposed

Position

Man months envisaged

51.1.7.2

Support staff

Sl no Name

Task Proposed

Position

Man months envisaged

32

51.1.8

C.V s of Professional and Support staff

Proposed Position Name of the person Date of birth Nationality Key qualification Professional membership Training details Total work experience Countries of work experience Task proposed Other similar work experience Amount of time proposed to be dedicated for the project.

51.1.9

Resource deployment chart Position Activities proposed Months in numbers

Sl no Name

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51.1.10 Work schedule location wise.

Sl no Location

Man months

51.2 Sl no

Statement of deviations Page Deviation

51.3 Pre bid Query Format Name of the bidder Sl no Page Cl no Query Suggestion Anna's reply

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51.4

Summary of Financial bid (Amended)

Sl Deliverable AACPL SARA AA KI BAG GARME no s S V TE DIVISI NT X ON DIVISIO N 1 Project preparation and Business Blueprint 2 ERP implementa tion cost. 3 Training cost 4 AMC for 3 yrs after expiry of warrantee period. 5 Other miscellaneo us charges/exp enses/taxes item wise.

NOTE 1 The bidders are expected to give the basis of arriving at the figures mentioned above.(eg; manmonths/mandays etc) NOTE 2 The Anna reserves the right to reject any or all proposals without assigning any reason or accept any proposal that in its opinion may be
35

in its best interests. Price alone is not the deciding criteria. NOTE 3 The Anna may cancel the RFP at any stage prior to an award of contract.

36

Amendments Clause No. Data Sheet General 9.1.6 9.1.7

2.5 2.6

Item Pre-bid conference Version Scope Scope

Bid Sumission Date Bid Opening Technical

Originally reads 15.11.2010 SAP R/3 Human Resources Pay Roll

15 12 2010 15 12 2010

To be read as 22.11.2010 SAP ECC 6.0 Deleted Deleted

21 12 2010 21 12 2010

4. Sec No. 51.4

- Summary of Financial Bid ORIGINAL

Sl no Deliverables AACPL SARAS AAV KITEX BAG GARMENT DIVISION DIVISION 1 Project preparation and Business Blueprint 2 ERP implementati on cost. 3 Training cost 4 AMC for 3 yrs after expiry of warrantee period. 5 Other miscellaneou s charges/expe nses/taxes item wise.

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NOTE 1 The bidders are expected to give the basis of arriving at the figures Mentioned above.(eg; manmonths/mandays etc) NOTE 2 The Anna reserves the right to reject any or all proposals without assigning any reason or accept any proposal that in its opinion may be in its best interests. Price alone is not the deciding criteria. NOTE 3 The Anna may cancel the RFP at any stage prior to an award of contract. 4. Sec No. 51.4 Summary of Financial Bid TO BE READ AS: Sl No. Deliverables 1 Project preparation and Business Blueprint Single amount for all the entities together

1. Anna Aluminium (P) Ltd. 2 Sara Spices

Anna Aluminium Vessels

1. Kitex Limited 2. Bag Division 3. Garment Division

2 ERP Implementation Cost 3 Training cost 4 AMC for 3 yrs after expiry of warrantee period. 5 Other miscellaneous charges/expenses /taxes item wise. NOTE 1

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The bidders are expected to give the basis of arriving at the figure mentioned above. (eg; manmonths/mandays etc) NOTE 2 The Anna reserves the right to reject any or all proposals without assigning any reason or accept any proposal that in its opinion may be in its best interests. Price alone is not the deciding criteria. NOTE 3 The Anna may cancel the RFP at any stage prior to an award of contract.
AMENDMENTS ON 9.12.2010

Cl.No.

Originally read as

To be read as EARNEST MONEY DEPOSIT An Earnest Money Deposit of Rs 100000/- has to be submitted in the form of DD or Bank Guarantee from a Nationalized / Scheduled Commercial Bank favouring Anna Aluminium Co Pvt ltd along with the proposal. The Format of the Bank Guarantee is attached. Proposals not accompanied by EMD shall be rejected. No interest shall be paid on the EMD amount. The EMD of the unsuccessful bidders will be returned within one month of the award of the contract, but not later than 150 days from the date of opening. EMD Shall be forfeited in
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27 EARNEST MONEY DEPOSIT

An Earnest Money Deposit of Rs 100000/- has to be submitted in the form of DD favouring Anna Aluminium Co Pvt ltd along with the proposal.

Proposals not accompanied by EMD shall be rejected. No interest shall be paid on the EMD amount. The EMD of the unsuccessful bidders will be returned within one month of the award of the contract, but not later than 150 days from the date of opening.

the following events. EMD Shall be forfeited in the following events. If proposal is withdrawn during validity of the proposal or any extension agreed by the bidder. If the proposal is varied or modified in a manner not acceptable to the Anna after opening of the proposal or during validity of the proposal or during the extension agreed by the bidder. If proposal is withdrawn during validity of the proposal or any extension agreed by the bidder. If the proposal is varied or modified in a manner not acceptable to the Anna after opening of the proposal or during validity of the proposal or during the extension agreed by the bidder.

41 41.SETTLEMENT OF DISPUTES 41. SETTLEMENT OF

DISPUTES 41.1Amicable settlement: The performance of the services will be governed by the terms and conditions of the proposed contract to be signed by the Anna and SI. Should any dispute arise between the parties, the same shall be resolved amicably by mutual discussion across the table. 41.2Arbitration: If the disputes could not be resolved amicably by mutual discussion, the matter shall be referred to an arbitrator appointed by Managing Director, AACPL and will be proceeded under the Indian Arbitration Act 1996 and the rules framed there under. The decision of the arbitrator will be binding on both the parties and the law applicable
40

41.1Amicable settlement: The performance of the services will be governed by the terms and conditions of the proposed contract to be signed by the Anna and SI. Should any dispute arise between the parties, the same shall be resolved amicably by mutual discussion across the table. 41.2Arbitration: If the disputes could not be resolved amicably by mutual discussion, the matter shall be referred to an arbitrator mutually agreeable to both the parties and will be proceeded under the Indian Arbitration Act 1996 and the rules framed there under. The decision of the arbitrator will be binding on both the parties and the law applicable will be the Laws of India.

will be the Laws of India. The venue of arbitration will be Kochi , Kerala The costs of arbitration will be shared equally by both the parties.
44 CONTRACT PERFORMANCE

The venue of arbitration will be Kochi , Kerala The costs of arbitration will be shared equally by both the parties.

GUARANTEE On receipt of the award of contract from the Anna the successful bidder shall submit a performance guarantee in the form of a performance bank guarantee or through a DD favoring AACPL for 10% of the contract amount (including taxes and AMC amount) which will be kept valid till the expiry of the contract period including the AMC. After the expiry of the period on successful completion, the performance guarantee will be returned with out any interest.

44.CONTRACT PERFORMANCE GUARANTEE On receipt of the award of contract from the Anna the successful bidder shall submit a performance guarantee in the form of a performance bank guarantee or through a DD favoring AACPL for 10% of the contract amount ( including taxes) which will be kept valid till the expiry of the warranty period. After the expiry of the period on successful completion, the performance guarantee will be returned with out any interest.

In the event of contract being determined or rescinded In the event of contract being under the provisions of the determined or rescinded under the contract / agreement the provisions of the contract / performance guarantee money agreement the performance will be forfeited in full and shall guarantee money will be forfeited be absolutely at the disposal of in full and shall be absolutely at AACPL. the disposal of AACPL. 45 DELAY IN PERFORMANCE 45. DELAY IN PERFORMANCE Any delay of more than 2 calendar months in completion of the assignment within the

Any delay in completion of the assignment within the stipulated time shall render
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the successful bidder any or all of the following.

stipulated time shall render the successful bidder any or all of the following. Forfeiture of the performance money. Termination of the contract.

Forfeiture of the performance money. Termination of the contract.

47 DELIVERABLE

Originally reads as

To be read as

47.1

S AND PAYMENT TERMS Project preparation and Business Blue Print phase consisting of Detailed project plan Roles and responsibilities of the Anna and the SI Finalization of To Be process List of reports and MIS to be generated from ERP. Training strategy and plan Change management strategy

100% of the amount for the item on completion of the milestone and sign off has been received from the Anna

10% of the amount for the item on submission of performance Bank guarantee 90% of the amount for the item on completion of the milestone and sign off has been received from the Anna

47.2

Completion of customization and the implementation of ERP, testing,

25% of the implementation cost on completion of the milestone and sign off has
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25% of the implementation cost on completion of the milestone and sign off has been received from the Anna

47.3

accompanied by test reports, issue logs at various stages like unit testing, configuration, integration and testing at all locations Production environment setup including data load, full load and stress test Go live acceptance.

been received from the Anna

25 % of the implementation cost on completion of the milestone and sign off has been received from the Anna. 50% of the implementation cost on completion of the milestone and sign off has been received from the Anna. 100% of training cost on completion of training at all locations and sign off has been received from the Anna.
NIL

45 % of the implementation cost on completion of the milestone and sign off has been received from the Anna.

47.5

30% of the implementation cost on completion of the milestone and sign off has been received from the Anna. 100% of training cost on completion of training at all locations and sign off has been received from the Anna.
NIL

47.4 User training at all locations

47.6 47.8

Warranty of one year AMC for 3 years

Note 1:

Equated monthly installments at the end of each calendar month Milestone will be deemed completed only on the Anna has given a written sign off for each item
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Equated monthly installments at the end of each calendar month Milestone will be deemed completed only on the Anna has given a written sign off for each item

Note 2:

Payment will be made only on successful completion of each milestone.

Payment will be made only on successful completion of each milestone.

Note 3:

Statutory deductions Statutory deductions if any if any will be made will be made from the from the payment. payment.

NEW INSERTION:

47.8 Note No.4

All Taxes and Duties,( Excise Duties, Sales Taxes, levies, local taxes, VAT, work contract tax and other Taxes) and Levies payable by the bidder shall be included in the bid price and no separate claim on this behalf will be entertained by Annas. Bidders will have to clearly indicate the modvatable amount included in their price for which relevant documents will have to be submitted by them for claiming the modvat by the Annas.

47.8
NOTE: No.5

Any increase or decrease in the price of the applicable taxes on account of change in law shall be to the account of the ANNA

52

TERMS GOVERNING THE CONTRACT

52.1 Contract scope All the terms governing the RFP will form part of the contract. 52.2 Signing of Contract At the same time as Annas notifies the successful bidder through a letter of intent that its bid has been accepted, Annas will ask the successful bidder to submit Performance Guarantee within 15 days . If the bidder does not submit the Performance Guarantee within 15 days then its full EMD will be forfeited. On submission of PBG , the successful bidder within 15 days shall submit a draft contract covering all relevant clauses of the RFP for successful completion of this project for Anna's acceptance. Once Annas has accepted the contract, the SI will submit the contract in a nonjudicial stamp paper of Rs 100 (or as applicable at the time of signing the contract) for execution of the contract. Failure of the successful bidder to sign the contract proposed , shall constitute sufficient grounds for the annulment of the award, in
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which event, Annas may make the award to the next successful bidder. The EMD of the successful bidder will be returned back within 30 days from the date of receipt of performance bank guarantee. 52.3 Termination for Default The Annas may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the SI, terminate the Contract in whole or in part if: a. The SI fails to deliver any or all of the obligations within the time period(s) specified in the Contract, or any extension thereof granted by the Annas; or b. The SI fails to perform any other obligation(s) under the contract. 52.4 Patents The SI shall hold harmless and indemnify Annas from and against damage, loss and expenses arising from any claim for infringement of patent, copy right, design and other such rights in existence or to be granted on and application published prior to the completion of this engagement with respect to or arising out of the use or supply of design or any work in accordance with the specification and plans furnished or recommended by the SI. The SI shall promptly notify Annas in writing if the SI has acquired knowledge of any patent under which claim or suit for infringement that could reasonably be brought out to sue Annas or of any information, recommendation or specification, services rendered by the SI. The SI, in such case, shall forth with at its own cost make and furnish to Annas alternative specifications or recommendations to avoid the same and without putting Annas to any additional cost. 52.5 Indemnification a. The SI shall at all times indemnify and keep indemnified the Annas against all claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while providing its services under the Project. b. The SI shall at all times indemnify and keep indemnified the Annas against any claims in respect of any damages or compensation payable in consequences of any accident or injury sustained or suffered by its (the SI's) employees or agents or by any other third Party resulting from or by any action, omission or operation conducted by or on behalf of the SI.

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c. The SI shall at all times indemnify and keep indemnified the Annas against any and all claims by Employees, Workman, Contractors, sub-contractors, SIs, agent(s), employed engaged or otherwise working for the SI, in respect of wages, salaries, remuneration, compensation or the like. d. Each party (the Indemnifying Party) shall defend, indemnify, and save harmless the other party (the Indemnified Party) and its officers and directors, employees, agents, and representatives from and against any losses, damages, costs, attorneys fees, penalties, fees, liabilities, or expenses (collectively, Losses) associated with any third party claim against the Indemnified Party connected with (i) death, or (ii) injury to persons or property, in each case resulting from the acts or omissions of the Indemnifying Party, its employees, agents or contractors e. All claims regarding indemnity shall survive the termination or expiry of the Contract. 52.6 Termination a. Termination by Default The Annas may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the SI, terminate the Contract in whole or in part if: The SI fails to deliver any or all of the obligations within the time period(s) specified in the Contract, or any extension thereof granted by the Annas; or The SI fails to perform any other obligation(s) under the contract b. Termination by Insolvency The Annas may at any time terminate the Contract by giving written notice to the SI, without compensation to the SI, if the SI becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Annas. 52.7 Suspension of Obligation The Annas may, by written notice of suspension to the SI, suspend all payments to the SI hereunder if the SI fails to perform any or all of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall allow the SI to remedy such failure, if capable of being remedied, within a period not exceeding ten
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days after receipt by the SI of such notice of suspension. 52.8 Bankruptcy If the SI becomes bankrupt or have a receiving order made against it or compound with its creditors or being a Corporation commence to be wound up, not being a voluntary winding up for the purpose only or amalgamation or reconstruction, or carry on their business under a receiver for the benefit of their creditors or any of them the Annas shall be at liberty: to terminate the engagement forthwith without any notice in writing to the SI or to the liquidator or receiver or any person in whom the SI may become vested. to give such liquidator or receiver or other person the option of carrying out the engagement subject to their providing a guarantee for the due and faithful performance of the engagement up to an amount to be determined by the Annas. 52.9 Personnel a. General: The SI shall employ and provide such qualified and experienced personnel as are required to carry out the Services. b. The SI should confirm that the title, agreed job description, minimum qualification and estimated period of engagement in the carrying out of the Services of each of the SI's Key Personnel are as per the bidder's proposal. c. In respect o f the personnel, which the SI proposes to use in the carrying out of the Services, the SI shall submit to the Annas for review and approval of a copy of their Curricula Vitae (CVs). If the Annas does not object in writing (stating the reasons for the objection) within 15 days from the date of receipt of such CVs, such Personnel shall be deemed to have been approved by the Annas. d. Removal and/or Replacement of Personnel : Except as the Annas may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the SI, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Personnel, the SI shall forthwith provide as a replacement a person of equivalent or better qualifications. If the Annas finds that any of the Personnel has committed serious misconduct or has
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been charged with having committed a criminal action, or has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the SI shall, at the Annas's written request specifying the grounds there for, forthwith provide as a replacement a person with qualifications and experience acceptable to the Annas. 52.10 Contract Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any other statement, representation, promise or agreement not set forth herein. 52.11 Modifications or Variations: Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties.

52.12 Modification of Scope of Work The Annas may at any time, by a written order given to the SI, make changes within the general scope of the Contract. If any such change causes an increase or decrease in the cost of, or the time required for, the SI's performance of any part of the work under the Contract, whether changed or not changed by the order, an equitable adjustment mutually agreed upon, shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the SI for adjustment under this Clause must be asserted within seven (7) days from the date of the SI 's receipt of the Annas changed order. 52.13 Fairness & Good Faith The Parties undertake to act in good faith with respect to each other's right s under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. 52.14 Operation of the Contract: The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them,
48

and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but on failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration. 52.15 Assignment The SI shall not, without the express prior written consent of the Annas, assign to any third party, the Contract or any other part there of, or any right, benefit, obligation, or interest therein or there under. 52.16 Copyright The Intellectual Property Rights in the Implementation and associated material shall remain vested in the Annas of such rights. 52.17 No Waiver of rights Neither the inspection by the Annas or any of their agents nor any order by the Annas for payment of money or any payment for or acceptance of , the whole or any part of the works by the Annas shall operate as a waiver of any provision of the Contract. This also includes any extension of time, nor any possession taken by the Annas shall operate as a waiver of any provision of the Contract, or of any power reserved to the Annas, or any right to damages here in provided, nor shall any waiver of any breach in the Contract be held to be a waiver of any other or subsequent breach. 52.18 Certificate not to affect right of owner and liability of SI Neither the payment made by the Annas nor any extension of time for execution of the Works granted by the Annas shall affect or prejudice the rights of the Annas against the SI or relieve the SI of its obligations for the due performance of the Contract, or be interpreted as approval of the Works done or discharge the liability of the SI for the payment of damages whether due, ascertained or certified or not, or any sum against the payment of which it is bound to indemnify the Annas, not the acceptance by it of any sum paid effect or prejudice the rights of the SI against the Annas. 52.19 Enforcement of Terms The failure of either party to enforce at any time any of the provisions of this
49

Contract or any rights in respect thereto or to exercise any option here in provided, shall in no way be construed to be a waiver of such provisions, right or options or in any way to affect the validity of the Contract. The exercise by either party of any of its rights herein shall not preclude or prejudice either party from exercising the same or any other right it may have. 52.20 Defence of Suits If any action in court is brought against the Annas or an agent of the Annas for the failure or neglect on the part of the SI to perform any acts, matter, covenants or things under the Contract, or for damage or injury caused by the alleged omission or negligence on the part of the SI, his agents, representatives , the SI shall in all such cases indemnify and keep the Annas and the agent of the Annas or his representatives, harmless from all losses, damages, expenses or decrees arising of such action. 52.21 Amendment to the Contract No variation or modification of the terms of the Contract shall be made except by written amendment signed by both the parties. 52.22 Deemed acceptance Deliverables will be deemed to be fully and finally accepted by the Annas in the event Annas has not submitted such Deliverable Review Statement to Implementation Partner before the expiration of the 30-day review period, or when Annas uses the Deliverable in its business, whichever occurs earlier (Deemed Acceptance). 52.23 Change request Either party may request a change order (Change Order) in the event of actual or anticipated change(s) to the agreed scope, Services, Deliverables, schedule, or any other aspect of the Statement of Work. Implementation Partner will prepare a Change Order reflecting the proposed changes, including the impact on the Deliverables, schedule, and fee. Absent a signed Change Order, Implementation Partner shall not be bound to perform any additional services. The parties agree to negotiate in good faith all Change Order proposals 52.24 Exclusion of incidental charges Neither party shall, in any event, regardless of the form of claim, be liable for (1) any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility
50

of any such damages; or (2) damages relating to any claim that arose more than one year before institution of adversarial proceedings thereon. 52.25 Site Readiness The Annas hereby agrees to make the site ready as per the agreed specifications, within the agreed timelines. Annas agrees that supplier shall not be in any manner be liable for any delay arising out of Annas failure to make the site ready within the stipulated period .Further, in case the UAT process gets delayed beyond 30 days of delivery, due to sites not ready or any other reason attributable to the Annas, then Annas shall compensate Bidder for additional cost exposure due to such delay and grant extension for such period. 52.26 Saving Clause Bidders failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if and to the extent Bidders nonperformance is caused by Annas omission to act, delay, wrongful action, failure to provide Inputs, or failure to perform its obligations under this contract. 52.27 Confidentiality obligation 1. 2. Information if disclosed orally should be furnished in writing within thirty (30) days of oral disclosure. Following shall not constitute Confidential Information: Information already in public domain; is subsequently learned from a third Party without a duty of confidentiality; at the time of disclosure was already in the possession of the receiving Party; was developed by employees or agents of the receiving Party independently of and without reference to any information communicated to the receiving Party; or is required to be disclosed pursuant to a court order or government authority, whereupon the receiving Party shall, at its earliest opportunity, provide written notice to the disclosing Party prior to such disclosure and where feasible giving the disclosing Party a reasonable opportunity to secure a protective order or take other action as appropriate

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3.

Obligations of confidentiality to survive for a period of one (1) year after the applicable disclosure.

BANK GUARANTEE FORMAT BANK GUARANTEE WHEREAS Anna Aluminium Company Pvt. Ltd., a Company incorporated under the Indian Companies Act 1956 and having its registered office at Kizhakkambalam, Aluva, Kerala. 683562 ( here in after called as AACPL) have invited bid on behalf of Anna Group of Companies vide their advertisement dated 07 11 2010 in Economic Times M/s _________________________________________________ (herein after called as Bidder) have submitted their bid dated in response thereto. AND whereas the said invitation vide advertisement dated 07 11 2010 shall furnish a bank guarantee for Rs.1,00,000 ( Rupees One Lakh Only) as EARNEST MONEY DEPOSIT for the due fulfillment of the terms and conditions contained in the bid, the guarantee remaining valid up to minimum 150 days . We, Bank, do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from AACPL stating that the amount claimed is due by way of loss or damage caused to or that would be caused to or suffered by AACPL by reason of breach by said bidder of any of their terms and conditions contained in the said bid by reason of the bidders failure to perform the said bid. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. 1,00,000 ( Rupees One Lakh Only). We undertake to pay to AACPL not exceeding Rs.1,00,000 (Rupees One Lakh Only) so demanded not withstanding any dispute or disputes raised by the bidder in any suit or proceeding before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal.
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The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the bidder shall have no claim against us for making such payment. We, Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said bid. . Our guarantee shall remain in force until and unless a demand or claim under this guarantee is made on us in writing within one week from the date of expiry date of the guarantee period and we shall be discharged from all liability under this guarantee thereafter. This guarantee will not be discharged due to the change in the constitution of the Bank or the bidder. We, Bank undertake not to revoke this guarantee during its currency except with the prior consent of AACPL in writing. Notwithstanding anything contained herein before, our liability under this guarantee is restricted to Rs.1,00,000 (Rupees One Lakh Only). Our guarantee shall remain in force till ____________. Unless a demand or claim in writing is received by us on or before this date all your rights under this guarantee shall be forfeited and we shall be deemed relieved and discharged from all liability there under.

Dated For Bank

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