Pre Bid Queries & Responses of RFP for ... - DoIT&C · years, so the average annual expenditure comes around Rs. 40 Crores. So, the bidder having a turnover of Rs. 150 Crores can

Pre Bid Queries & Responses of RFP for

Establishment Of SCADA based Smart Panel For Backup Power Supply At Atal Seva Kendra (ASK) at Panchayat Level In Rajasthan

Page 1 of 40

Sr. No.

RFP Chapter No. RFP Clause No.

RFP

Page No.

Clause Details as per RFP Query/Clarification/ Suggestion Committee Remarks

Clause

1 RFP Short

Details

Change in Last date of

Bid Submission

5 The Last Date for Submission of Bid is

15.07.2016.

Keeping in view the need of time required for

working out appropriate and cost-effective hardware and services for successful implementation of the project, it is requested to

please extent the last date for submission of bid up to 29.07.2016.

No Change As Per RFP

2 2. Project Profile & Background

Information

2.2 Project Objectives 13 e) Measuring the battery charge status from the solar UPS

What is the signal type from 3rd party UPS for the battery charge status?

Clause Modified e) Measuring the battery charge status from the

solar UPS through RS232 Port to RS485 converter and associated cable for

which mapping will be given to the bidder.

3 3. PRE-QUALIFICATION/

ELIGIBILITY CRITERIA

2. Financial Turnover from IT/ITeS/Telecom/Electrical

Services

16 Average Annual Turnover from IT/ ITeS/ Electrical services during each of last three

financial years, i.e., from 2012-13 to 2014-15 (as per the last published audited balance sheets) of the bidder, should be average Rs.

200 crores. In case of consortium, the consortium partners should combindely meet this requirement.

Since the project is spread over a period of 5 years, so the average annual expenditure

comes around Rs. 40 Crores. So, the bidder having a turnover of Rs. 150 Crores can also execute the project of this size. Request you to

reduce the turnover asked to Rs. 150 Crores in last three financial years, i.e., from 2013-14 to 2015-16 (as per the last published audited

balance sheets) of the bidder. This will surely enable more participation in this bidding process.


4 3. PRE-

QUALIFICATION/ ELIGIBILITY CRITERIA

2. Financial Turnover from

IT/ITeS/Telecom/Electrical Services

16 PRE-QUALIFICATION/ ELIGIBILITY

CRITERIA, Financial Turnover from IT/ITeS/ / Electrical Services: Average Annual Turnover from

IT/ITeS/Electrical services during each of the last three financial years, i.e., from 2012-13 to 2014-15 (as per the last published audited

balance sheets) of the bidder, should be average Rs. 200 crores. In case of consortium, the consortium partners should

combindely meet this requirement.

PRE-QUALIFICATION/ ELIGIBILITY

CRITERIA, Financial Turnover from IT/ ITeS/ Telecom/ Electrical/ Renewable Energy/ Electronics products/ Services:

Average Annual Turnover from IT/ ITeS/ Telecom/ Electrical/ Renewable Energy/ Electronics products/ services during each of

the last three financial years, i.e., from 2012-13 to 2014-15 (as per the last published audited balance sheets) of the bidder, should be

average Rs. 200 crores. In case of consortium, the consortium partners should combinedly meet this requirement.

No Change As Per Final RFP

5 3. PRE-


3.1.4 16 Clause relating to technical capability No Change as

No Suggestion Given by the Bidder

As Per RFP



Page 2 of 40

Sr. No.


RFP

Page No.


Clause

6 3. PRE-


4. Technical Capability 16 The Bidder must have successfully

completed similar nature of work during the last five financial years from 2011-12 to 2015-16.

*Similar nature means: 1. Bidder should have executed single orders of IT Electrical / Electrical/ SCADA

amounting Rupees 80 Cr. during the last five financial years from 2011-12 to 2015-16. OR

2. Bidder should have executed two orders of IT Electrical / Electrical/ SCADA amounting Rupees 50 Cr. during the last five financial

years from 2011-12 to 2015-16.

Request small modification:

1. Bidder should have executed single orders of IT Infrastructure/ Electrical/ SCADA amounting Rupees 80 Cr during the last five

financial years from 2011-12 to 2015-16. OR 2. Bidder should have executed total Sales

orders of Electrical Panels of minimum Rs. 100 Crores per year in last 3 years. OR

3. Bidder should have executed two orders of IT Electrical / Electrical/ SCADA amounting Rupees 50 Cr. during the last five financial

years from 2011-12 to 2015-16.

Not Agreed, It

should not be sales of item, it should be

execution of work.

As Per RFP

7 3. PRE-QUALIFICATION/ ELIGIBILITY

CRITERIA

4. Technical Capability 16 The Bidder must have successfully completed similar nature of work during the last five financial years from 2011-12 to

2015-16. *Similar nature means: 1. Bidder should have executed single orders

of IT Electrical / Electrical/ SCADA amounting Rupees 80 Cr. during the last five financial years from 2011-12 to 2015-16.

OR 2. Bidder should have executed two orders of IT Electrical / Electrical/ SCADA amounting

Rupees 50 Cr. during the last five financial years from 2011-12 to 2015-16.

The Bidder must have successfully completed similar nature of work during the last five financial years from 2011-12 to 2015-16.

*Similar nature means: 1. Bidder should have executed single orders of IT/ ITeS/ Telecom/ Electrical/ Renewable

Energy/ Electronics products/ Services amounting Rupees 80 Cr. during the last five financial years from 2011-12 to 2015-16.

OR 2. Bidder should have executed two orders of IT/ ITeS/ Telecom/ Electrical/ Renewable

Energy/ Electronics products/ Services amounting Rupees 50 Cr. during the last five financial years from 2011-12 to 2015-16.


8 3. PRE-QUALIFICATION/ ELIGIBILITY

CRITERIA

4. Technical Capability 16 PRE-QUALIFICATION/ ELIGIBILITY CRITERIA

As per tender clause, as a PQ requirement, customer should have executed a project in IT Electrical / Electrical/ SCADA. For IT Electrical,

we understand that the related project should be of setting up IT infrastructure in Electrical utility. Customer to kindly confirm the same.

Not Agreed, It should be Electrical work.

As Per RFP

9 3. PRE-


8. Mandatory Requisites 18 The Bidder should have Manufacturers’ authorization and a direct back-to-back support agreement with the OEM for the equipment’s included in the proposed solution.

Bidder shall provide MAF only to main

components viz. Controller, Contactors, MCBs and energy meter.




Page 3 of 40

Sr. No.


RFP

Page No.


Clause

10 4. Scope of Work,

Deliverables & Timelines

4.1 Detailed Scope of

work (SoW)

20 Detailed Scope of Work No Change as


As Per RFP



4.1.2 Infrastructure

Deployment

23 During the implementation period, bidder

shall provide, on a weekly basis, the implementation progress report to DoIT&C designated officials. The state coordinator is

required to attend regular review meetings with DoIT&C preferably on fortnight basis.

No Change as


As Per RFP

12 4. Scope of Work, Deliverables &

Timelines

4.1.3 Others 23 Thus to keep all the O&M and warranty of commissioned components / sites up and

running, the RISL/DoIT&C shall reserve the right to extend the O&M and Warranty of such components / sites to map with the last

commissioned components / sites at the quoted rates and terms and conditions

Extension of O&M and warranty of such components/sites shall be limited to maximum

6 years from the date of commissioning/UAT of first phase of works. For the extension period manpower rates shall be increased by 10% of

the quoted rates.

Clause Modified Thus to keep all the O&M and warranty of

commissioned components / sites up and running, the DoIT&C

shall reserve the right to extend the O&M and Warranty of such

components / sites to map with the last commissioned

components / sites on mutual agree rates, terms and conditions.



4.1.3 Others 23 1. As the solution will be declared from date

of commission in phased manner, there shall be time-gap between initially commissioned components (Smart Panel and SCADA

Solution) and last commissioned components / sites. The period of O&M and warranty of components / sites commissioned before last

phase may get completed before that of the last commissioned components / sites. Thus to keep all the O&M and warranty of

commissioned components / sites up and running, the DoIT&C shall reserve the right to extend the O&M and Warranty of such

components / sites to map with the last commissioned components / sites at the quoted rates and terms and conditions.

No Change as


As Per RFP



Page 4 of 40

Sr. No.


RFP

Page No.


Clause



4.1.3 Others 24 2) Any other activity to keep the solution/ set-

up functional to its full capacity shall be the responsibility of bidder.

Any other activity (which is integral to the

scope of work) to keep the solution/ set-up functional to its full capacity shall be the responsibility of bidder.

Clause Modified Any other activity (which

is integral to the scope of work) to keep the solution/ set-up functional

to its full capacity shall be the responsibility of bidder.



4.1.3 Others 24 3) It is pertinent to mention that installation

and commissioning of some equipment may happen much earlier than the date of commission. Therefore, agencies are

advised to take warranty from OEMs for the entire contract period, including the period taken for installation and commissioning

before date of commission.

No Change as


As Per RFP

16 4. Scope of Work, Deliverables & Timelines

4.1.3 Others 24 5) Equipment offered should carry on-site comprehensive warranty, support and maintenance for five years from OEM

covering parts, labor and on-site repair, and undertaking to the same effect from the OEM should be furnished by the bidder at the time

of bid submission.

No Change as No Suggestion Given by the

Bidder

As Per RFP


4.1.3 Others 24 9) Before quoting the prices for said work, it is advice to visit and check the actual site of installation and understand the requirement

and scope of work.


Bidder

As Per RFP


4.1.3 Others 24 11) If required by DoIT&C, Bidder should organize a site visit for the technical committee having similar technology

implementation in India.


Bidder

As Per RFP


4.1.4 Inspection 24 a) The Purchase Officer or his duly authorized representative shall at all reasonable time have access to the bidder/

OEM premises and shall have the power at all reasonable time to inspect and examine the materials and workmanship of the goods/

equipment/machineries during manufacturing process or afterwards as may be decided. Inspection may be made at installation site.

b) The bidder shall furnish complete address of the premises of his office, go-down and workshop where inspection can be made


Bidder

As Per RFP



Page 5 of 40

Sr. No.


RFP

Page No.


Clause

together with name and address of the person who is to be contacted for the Purpose. In case of those dealers who have

newly entered in business, a letter of introduction from their bankers will be necessary.

c) In case of Test. Samples shall be drawn in two sets by giving the serial numbers on random basis of the sets supplied, properly

sealed in the presence of the bidders representatives.


Timelines

4.1.6 UAT 24 e) The bidder shall bring all the testing equipment to site as required under the

procedure to carry out testing at no extra cost.

f) The UAT of conduiting, Cable and Wiring will be done as per actual installation at site.

The physical verification and acceptance at Atal Seva kendra shall be carried out by way of

joint inspection by Purchaser and Bidder's representatives (Site Acceptance). Sample formats for Site Acceptance of Smart

panel along with associated cabling works, UAT of Smart Panels and SCADA System are suggested and enclosed. Request

RISL/DOIT&C to approve the same and include in RFP documents.

Clause Modified As per Final RFP. The require tentative

formats of UAT are enclosed as Annexure-24


Timelines

4.1.5 Rejection 25 a) Articles not meeting the specifications laid down in RFP during inspection or testing or

otherwise shall be rejected and will have to be replaced by the bidder at his own cost within the time fixed by the Purchase Officer.

Articles not meeting the specifications laid down in RFP during inspection or testing or

otherwise shall be rejected and will have to be replaced by the bidder at his own cost within the time fixed by the Purchase Officer by

means of an intimation of rejection in writing, where such time shall in no case be less than 30 days.




4.1.5 Rejection 25 b) If, however, due to exigencies of

Government work, such replacement either in whole or in part, is not considered feasible, the Purchase Officer after giving an

opportunity to the bidder of being heard shall for reasons to be recorded, deduct a suitable amount from the approved rates. The

deduction so made shall be final.

If, however, due to exigencies of Government

work, such replacement either in whole or in part, is not considered feasible, the Purchase Officer after giving an opportunity to the bidder

of being heard shall for reasons to be recorded, deduct a suitable mutually agreed amount from the approved rates. The





Page 6 of 40

Sr. No.


RFP

Page No.


Clause



4.1.5 Rejection 25 c) The rejected articles shall be removed by

the bidder within 7 days of intimation of rejection, after which Purchase Officer shall not be responsible for any loss, shortage or

damage and shall have the right to dispose of such articles as he thinks fit, at the bidder‘s risk and on his account.

The rejected articles shall be removed by the

bidder within 7 days 30 days of intimation of rejection in writing, after which Purchase Officer shall not be responsible for any loss,

shortage or damage and shall have the right to dispose of such articles as he thinks fit, at the bidder‘s risk and on his account.




4.1.6 UAT 26 f) Each phase of UAT shall be offered by the

bidder simultaneously

In case of non-fulfillment of roles and

responsibilities by RISL/DoIT&C in providing the required fronts and resources at Atal Seva Kendras, suitable contractual deliverables and

obligations shall be amended. Also in those circumstances, UAT for part quantities shall be allowed under the following conditions :

1. In case smart panels are not installed in some sites due to reasons beyond the control of bidder or RISL, such sites shall be

considered as "Site Not ready" and shall be excluded from the total count of sites.

2.In case delay in UAT is arising from the following conditions for a period more than one week from the date of intimation by bidder,

UAT shall be considered deemed completed : i. Conditions arising from force majeure events including lightning, power failure, fire, flood and

emergency. ii. The delay in UAT due to reasons not attributable to the bidder (e.g. power

unavailability, Solar Supply System fault/unavailability, premises locked, 1 kVA UPS unavailability/faulty. etc).

iii. RajNET failure/VSAT connectivity issue. iv) Any other reason not specified dut beyond scope of bidder.

3. RISL/DoIT&C shall ensure that any problem with respect to VSAT connectivity or 1 kVA

UPS shall be rectified at Atal Seva Kendras within 24 Hours of intimation by bidder.

Additional

Clause 4.1.6 - (h) added and no change in

Clause 4.1.6 (f)

In case of non-fulfillment

of roles and responsibilities by DoIT&C in providing the

required fronts and resources at Atal Seva Kendras, the delay in

UAT due to following reasons will not be attributed as delay in part

of bidder: I. Conditions arising from force majeure events

including lightning, fire, flood and emergency. II. DISCOM Power

unavailability, Solar Supply System fault/unavailability, 1 kVA

UPS unavailability/faulty. III. RajNET connectivity failure issue.

DoIT&C will ensure that any problem with respect to above reasons shall be

rectified at Atal Seva Kendras (ASKs) at earliest as per intimation

by bidder.



Page 7 of 40

Sr. No.


RFP

Page No.


Clause



4.1.6 UAT 26 a) Bidder is required to intimate the

purchaser one week prior to the commencement of UAT activities.

Purchaser to ensure that UAT activities of each

phase are completed within two weeks of intimation by Bidder. In case UAT is delayed due to reasons not attributed to bidder, UAT

shall be considered completed and all the contractual obligations corresponding to UAT of respective lot shall be considered deemed

completed.



4.1.6 UAT 26 d) The test for each components and overall working of the panel in coordination with switch and UPS module.

as proposed in point no. 3 above During Pre-bid site survey it was observed that there are issues with respect to availability of

power sources, communication facility, Solar UPS/batteries etc at some of the sites. Since it is Purchaser's responsibility to make the same

available for successful completion of UAT, the modification in clause is proposed.

No Change As Per Final RFP of Clause 4.1.6 UAT (h)


Timelines

4.1.7 Commissioning 27 The commissioning for Smart Panel and SCADA solution shall be given separately.

For Smart Panel phase wise commissioning shall be permitted.

Final approval/ user acceptance of the deployed solution shall be given by DoIT&C after successful implementation, testing and

receipt of documents. It is the responsibility of the bidder to submit test reports and obtain the UAT approval from the DoIT&C. On

successful UAT of the respective components of the particular phase, the same shall be declared commissioned and

date of commission shall be given for that particular phase with effective from date of submission of UAT report.

On successful UAT by DoIT&C designated agency of the smart panel at locations given

the event shall be marked as the “Date of Commissioning” of the batch.

The link shall be declared as commissioned after successful UAT of the panel. The date of commissioning shall be the date of

The commissioning for Smart Panel and SCADA solution shall be given separately. For

Smart Panel phase wise commissioning shall be permitted.

Final approval/ user acceptance of the deployed solution shall be given by Contract Monitoring Committee (CMC) appointed by the

DoIT&C after successful implementation, testing and receipt of documents. It is the responsibility of the bidder to submit test

reports and obtain the UAT approval from the Contract Monitoring Committee (CMC) appointed by the DoIT&C. On successful UAT

of the respective components of the particular phase, the same shall be declared commissioned and date of commission shall be

given for that particular phase with effective from date of submission of UAT report.

On successful UAT by DoIT&C designated agency of the smart panel at locations given the event shall be marked as the “Date of Commissioning” of the batch. The link shall be declared as commissioned




Page 8 of 40

Sr. No.


RFP

Page No.


Clause

successful UAT by the bidder for respective smart panel.

It is to be noted that the DoIT&C may get the complete/part solution audited through a Third Party, before date of commission and

periodically after date of commission, in order to ensure the compliance to the RFP. Such third-party auditing for carrying out the

acceptance testing and certification of the entire solution will be nominated by the DoIT&C. All expenses towards hiring of TPA

shall be borne by purchaser. The bidder shall be required to extend co-ordination to such TPA for testing/auditing etc.

after successful UAT of the panel. The date of commissioning shall be the date of successful UAT by the bidder for respective smart panel.

It is to be noted that the DoIT&C may get the complete/part solution audited through a Third

Party, before date of commission and periodically after date of commission, in order to ensure the compliance to the RFP. Such

third-party auditing for carrying out the acceptance testing and certification of the entire solution will be nominated by the

DoIT&C and shall be mutually agreed between DoIT&C and the bidder. The Third Party Auditor so appointed shall in no case be a

competitor of the bidder. All expenses towards hiring of TPA shall be borne by purchaser. The bidder shall be required to extend co-ordination

to such TPA for testing/auditing etc.


4.1.8 Training 28 The bidder shall conduct 2 days basic administrative training of SCADA solution once in six month to RISL/ DoIT&C/

designated official.

The bidder shall conduct 2 days basic administrative training of SCADA solution to RISL/ DoIT&C/ designated official during

Implementation Period only.




4.1.9.3 - a) - OEM

Support Services

29 The bidder is required to deploy sufficient

manpower in addition to minimum manpower defined in RFP, for O&M of remote sites to achieved desired SLA.

For any additional manpower requirement in

order to achieve the desired SLA, additional charges shall be payable on the basis of man-month rates quoted in the bid.



Timelines

4.1.10 OEM Support Services

29 Though the projects shall be handed over to RISL after 5 years from date of commission,

all the equipment’s shall become assets of RISL/ DoIT&C from day one.

Smart Panels shall be handed-over to RISL immediately upon signing of Site acceptance

report. RISL shall ensure its Safety, Security and appropriate Insurance Covers. Bidder will provide only operation & maintenance services

limited to its scope as per contract.




Page 9 of 40

Sr. No.


RFP

Page No.


Clause



4.1.10 OEM Support

Services

29 Bidder should have direct back-to-back

service support agreement with the respective OEMs for the project duration of 5 years as per RFP from the date of

commission. Though the projects shall be handed over to DoIT&C after 5 years from date of commission, all the equipment’s shall become assets of DoIT&C from day one. DoIT&C/ Bidder/ GoR must be able to log a support ticket directly to OEM helpdesk to get

telephonic/ remote support directly from OEM as required. Undertaking from OEM (Annexure-14) for above support services

should be submitted by the Bidder along with the bid.

Bidder should have direct back-to-back service

support agreement with the respective OEMs for the project duration of 5 years as per RFP from the date of commission. Though the

projects shall be handed over to DoIT&C after 5 years from date of commission, all the equipment’s shall become assets of DoIT&C from day one of delivery to the central warehouse of the purchaser. DoIT&C/ Bidder/ GoR must be able to log a support ticket

directly to OEM helpdesk to get telephonic/ remote support directly from OEM as required. Undertaking from OEM (Annexure-14) for

above support services should be submitted by the Bidder along with the bid.



Timelines

4.2 Major Roles & Responsibilities of

DoIT&C

30 p) Grounding / Earthing of panel can be done with existing earthing available at each site.

We assume earth pit maintenance will be done by RISL on routine maintenance basis. Any

faults in the earth pit which affecting the smart panel will be informed to RISL. The bidder request RISL for a time bound action to rectify

the earth pit faults for a trouble free operation of smart panels.

Agreed No Change


Timelines

4.3 Project Deliverables, Milestones & Time

Schedule

30 Applicable Payment for 1. Installation and Integration of Smart Panel

2. SCADA Software Solution

Deviation The following payment terms are proposed for

the said scope of work Implementation stage:

1. 10% advance against submission of bank Guarantee of equivalent value. 2. 60% against proof of dispatch for Stage-I

CAPEX as per BOQ for each phase of work. 3. 20% against UAT for Stage-I CAPEX as per BOQ for each phase of work.

4. 10% of the contract price for Stage-I CAPEX against successful commissioning of all the phases and submission of performance bank

guarantee valid till warranty period. O&M Stage: Quarterly as per progress of

project on basis of rates quoted by bidder.




Page 10 of 40

Sr. No.


RFP

Page No.


Clause



4.3 Project Deliverables,

Milestones & Time Schedule

30 Payment terms As per tender, there is no provision of advance.

Moreover, 80% payment is made upon supply, installation and commissioning. Request customer to amend the payment terms as

follows:- 1. 10% interest free advance 2. 70% upon supply

3. 5 % upon installation 4. 10% upon commissioning and go live 5. 5% after user acceptance test of each phase






30 c) T is the event marking date of issue of

work order to the successful bidder.

T is the event marking date of issue of work

order to signing of the contract between the purchaser and the successful bidder.

Clause Modified T is the event marking

date of signing of agreement with successful bidder and

DoIT&C.


4.3 Project Deliverables, Milestones & Time Schedule

30 a) 1. Signing of Agreement and submission of Security Deposit - Within 20 days from the date of issue of letter of acceptance of bid.

Signing of Agreement and submission of Security Deposit - Within 20 days 30 days from the date of issue of letter of acceptance of bid.

Submission of Security Deposit - Within 30 days from the date of signing of Agreement






31 Date of Commission of 1000 Smart Panel

including Commissioning of SCADA and all work require to execute at Atal Seva Kendra

T + 90 days (Including 7 days of UAT period)

Additional 30 days grace period is requested

for completion of 1st phase of 1000 smart panels. Considering the nature and quantum of the

project an initial additional time period of 30 days will be required for planning the material flow, logistics and site installation activities.

Clause Modified As Per Final RFP





31 Date of Commission of 2500 Smart Panel

including Commissioning of SCADA and all work require to executive at Atal Seva Kendra

T + 270 days (Including 7 days of UAT period)

Final phase of UAT is proposed to be divided

in two lots with defined quantities of 1500 & 1000 Smart Panels. Considering the nature of the project, vast

geographies to be covered and dependencies on purchaser to provide the fronts, there may be a remote possibility of delays in completion

of some sites which may be covered in the last lot of 1000 Smart panels. Suggestion is only to help the execution agency to maintain the cash

flow requirements of the project.



4.3 Project Deliverables, Milestones & Time Schedule

31 a) 2. Project Kick - Off - T + 15 days Project Kick - Off - T + 15 30 days No Change As Per RFP



Page 11 of 40

Sr. No.


RFP

Page No.


Clause





31 a) 3. Time Schedule - T + 90 days (inclusive

of 7 days of UAT) Applicable payment - 80% of item no. 1 to 5

and 8 % of item no.6 as per BoQ (Annexure - 1) of each phase work after successful UATof that phase.

Time Schedule - T + 90 days (inclusive

exclusive of 7 days of UAT) Applicable payment - 80% 100% of item no. 1

to 5 of each phase work as per BoQ (Annexure - 1) within 30 days from the date of delivery and 8% 10% of item no.6 as per BoQ

(Annexure - 1) of each phase entire project work after successful UAT of that phase within 30 days of submittion of UAT report.








and 12 % of item no.6 as per BoQ (Annexure - 1) of each phase work after successful UAT of that phase.




(Annexure - 1) of each phase entire project work after successful UAT of that phase within 30 days of submission of UAT report.




























Page 12 of 40

Sr. No.


RFP

Page No.


Clause

















33 a) 9. Applicable Payment - As per quarterly

progress of project on basis of rate quoted annually by bidder.

Applicable Payment - As per quarterly progress

of project on basis of rate quoted annually by bidder within 30 days from the date of receipt of invoice.



Timelines


Schedule

33 a) Note-4 20% of the total CAPEX (Ref. Fin. Bid) will be payable in equal instalments per

quarter for 20 quarters from date of final commissioning.

Request deletion of this clause No Change As Per RFP


Timelines


Schedule, Note-2

33 Liquidated damage, applicable if any, shall be computed on non-executed panels for the

respective phase.

In case supplier is able to complete the supply/installation/commissioning of all the

phases within the contractual completion time of 9 months, the liquidated damages recovered by purchaser if any on account of delays in

completion of phase wise milestones shall be refunded to supplier. Considering the nature of the project, vast

geographies to be covered and dependencies on purchaser to provide the fronts, there may be a remote possibility of delays in completion

of individual phases within the stipulated time period defined.

Clause Modified In case supplier is able to complete the

supply/installation/commissioning of all the phases within the contractual

completion time of 9 months, the liquidated damages recovered by

purchaser if any on account of delays in completion of phasewise

milestones shall be refunded to supplier.


Timelines


Schedule, Note-3

33 UAT of Smart Panel equipment shall be carried only on availability of devise in

SCADA Software by service provider

as proposed in point no. 6 above The bidder shall conduct 2 days basic

administrative training of SCADA solution to RISL/ DoIT&C/ designated official during Implementation Period only.


49 5. ITB -

Instruction to Bidders

1 Bid Security 34 h) The bid security of unsuccessful bidders

shall be refunded soon after final acceptance of successful bid and signing of Agreement and submitting performance security.

The bid security of unsuccessful bidders shall

be refunded soon after final acceptance of successful bid and signing of Agreement and submitting performance security within 30 days

from the date of announcement of the successful bidder.




Page 13 of 40

Sr. No.


RFP

Page No.


Clause

50 5. ITB -


1 Bid Security 34 The Bid security taken from a bidder shall be

forfeited, including the interest, if any, in the following cases, namely: - a. when the bidder withdraws or modifies its

bid after opening of bids; b. when the bidder does not execute the agreement, if any, after placement of supply/

work order within the specified period; c. when the bidder fails to commence the supply of the goods or service or execute

work as per supply/ work order within the time specified; d. when the bidder does not deposit the

performance security within specified period after the supply/ work order is placed; and e. if the bidder breaches any provision of

code of integrity, prescribed for bidders, specified in the bidding document.

The Bid security taken from a bidder shall be

forfeited, including the interest, if any, in the following cases, namely: - a. when the bidder withdraws or modifies its

bid after opening of bids; b. when the bidder does not execute the agreement, if any, after placement of supply/

work order within the specified period subject to deviations proposed; c. when the bidder fails to commence the

supply of the goods or service or execute work as per supply/ work order within the time specified;

d. when the bidder does not deposit the performance security within specified period after the supply/ work order is placed from the

date of signing of the Agreement; and e. if the bidder breaches any provision of code of integrity, prescribed for bidders, specified in

the bidding document.


51 5. ITB - Instruction to Bidders

1 Bid Security 35 j) Notice will be given to the bidder with reasonable time before bid security deposited is forfeited.

Notice in writing will be given to the bidder with reasonable time 30 days notice before bid security deposited is forfeited.


52 5. ITB -


12 Selection Method 41 Technically Responsive Overall Lowest

Evaluated bid will consider for awarded of the contract based on Net NPV defined in RFP

Request to change the selection method to

QCBS with 70% weightage to Technical score


53 5. ITB - Instruction to

Bidders

14 Evaluation & Tabulation of Technical

Bids

43 c) 4. The firms which could not qualify in technical evaluation will be informed about

this fact. Their financial bid will not be opened and Bid Security refunded after completion of the bid process i.e. award of

the contract to the best/successful bidder.

The firms which could not qualify in technical evaluation will be informed about this fact.

Their financial bid will not be opened and Bid Security refunded after completion of the bid process i.e. award of the contract to the

best/successful bidder within 30 days from the date of announcement of the successful bidder.


54 5. ITB -


15 Evaluation &

Tabulation of Financial Bids

44 e) the evaluation shall include all costs and

all taxes and duties applicable to the bidder as per law of the Central/ State Government/ Local Authorities

Please clarify on the applicability of entry tax

and whether the same will be considered in evaluation. Also to be clarified whether RISL will issue

road permit for material movement.

Clause Modified e) The evaluation shall

include all costs and all taxes and duties applicable to the bidder

as per law of the Central/ State Government/ Local Authorities, and the

evaluation criteria



Page 14 of 40

Sr. No.


RFP

Page No.


Clause

specified in the bidding documents shall only be applied, However

calculating NPV, the amount of price shall be subjected to the provision

of clause-17 of ITB i.e the element of CST shall be included and the element

of VAT shall be excluded.


21 Lack of competition 47 Lack of competition Customer to ensure availability of sufficient no. of bidders before the bid price gets opened and not after opening of the bid.


56 5. ITB -


22 Acceptance of the

Successful Bid and award of contract

49 g) As soon as a Bid is accepted by the

competent authority, its written intimation shall be sent to the concerned bidder by registered post or email and asked to

execute an agreement in the format given in the bidding documents on a non-judicial stamp of requisite value and deposit the

amount of performance security or a performance security declaration, if applicable, within a period specified in the

bidding documents or where the period is not specified in the bidding documents then within fifteen days from the date on which the

letter of acceptance or letter of intent is dispatched to the bidder.

As soon as a Bid is accepted by the competent

authority, its written intimation shall be sent to the concerned bidder by registered post or email and asked to execute an agreement in

the format given in the bidding documents on a non-judicial stamp of requisite value and deposit the amount of performance security or

a performance security declaration, if applicable, within a period specified in the bidding documents. or where the period is not

specified in the bidding documents then within fifteen days from the date on which the letter of acceptance or letter of intent is dispatched to

the bidder.



Bidders

22 Acceptance of the Successful Bid and award

of contract

49 i)The bid security of the bidders who’s Bids could not be accepted shall be refunded

soon after the contract with the successful bidder is signed and its performance security is obtained.

The bid security of the bidders who’s Bids could not be accepted shall be refunded within

30 days from the date of announcement of the soon after the contract with the successful bidder. is signed and its performance security

is obtained.



25 Right to Vary Quantities

49 b) If the procuring entity does not procure any subject matter of procurement or procures less than the quantity specified in

the bidding documents due to change in circumstances, the bidder shall not be entitled for any claim or compensation

Prices furnished along with the bid shall be valid for a variation in quantities specified upto -20%. In case of any change beyond -20%, an

additional implication of 10% shall be applicable on the total contract price.




Page 15 of 40

Sr. No.


RFP

Page No.


Clause

59 5. ITB -


25 Right to Vary

Quantities

49 b) If the procuring entity does not procure

any subject matter of procurement or procures less than the quantity specified in the bidding documents due to change in

circumstances, the bidder shall not be entitled for any claim or compensation.

Request deletion of the clause given in RFP

and to be replaced with the following clause:- The bidder shall not be entitled for any claim or

compensation, where the procuring entity reduces its procurement upto a maximum of 10% of the quantity specified in the bidding

documents. In case the procuring entity decreases it procurement by more than 10% of the quantity specified in the bidding

documents, then such decrease shall be considered as a change order request and dealt accordingly.


60 5. ITB -


25 Right to Vary

Quantities

49 Repeat orders for extra items or additional

quantities may be placed on the rates and conditions given in the contract (if the original order was given after inviting open

competitive Bids). Delivery or completion period may also be proportionately increased.

The limits of repeat order shall be as under: - a. 50% of the quantity of the individual items

and 50% of the value of original contract in case of works; and b. 50% of the value of goods or services of

the original contract.

Repeat orders for extra items or additional

quantities may be placed on the rates and conditions given in the contract (if the original order was given after inviting open competitive

Bids). Delivery or completion period may also be proportionately increased.

The limits of repeat order shall be as under: - a. 50% 10% of the quantity of the individual items and 50% 10% of the value of original

contract in case of works; and b. 50% 10% of the value of goods or services of the original contract.

Repeat orders in excess of 10% of the quantity specified in the bidding documents shall be

considered as a change order request and dealt accordingly.



Bidders

26 Dividing quantites among more than one

bidder at the time of award

51 f) Notice will be given to the bidder with reasonable time before PSD deposited is

forfeited.

A written notice of 30 days will be given to the bidder with reasonable time before PSD

deposited is forfeited.



Bidders

27 Execution of agreement

51 a) A procurement contract shall come into force from the date on which the letter of

acceptance or letter of intent is dispatched to the bidder.

A procurement contract shall come into force from the date of signing of the agreement

between the procuring entity and the successful bidder on which the letter of acceptance or letter of intent is dispatched to

the bidder.




Page 16 of 40

Sr. No.


RFP

Page No.


Clause

63 5. ITB -


28 Confidentiality 51 Confidentiality No Change as


As Per RFP

64 5. ITB -


37 Debarment from

Bidding

58 d) Where the entire bid security or the entire

performance security or any substitute thereof, as the case may be, of a bidder has been forfeited by a procuring entity in respect

of any procurement process or procurement contract, the bidder may be debarred from participating in any procurement process

undertaken by the procuring entity for a period not exceeding three years.

No Change as


As Per RFP

65 6. General Terms and Conditions of

Tender & Contract

4 Joint Venture, Consortium or Association

62 e) The bidder shall not assign or sub-let his contract or any substantial part thereof to any

other agency.

The bidder shall not assign or sub-let his contract or any substantial part thereof to any

other agency without the prior approval of the procuring entity.



Tender & Contract

5 Eligible Goods and Related Services

63 c) The OEM/ Vendor of the quoted product must have its own registered spares depot in

India having adequate inventory of the equipment being quoted for providing the necessary spares as per the requirements of

this bidding document.

No Change as No Suggestion

Given by the Bidder

As Per RFP

67 6. General Terms and Conditions of Tender &

Contract

5 Eligible Goods and Related Services

63 d) The OEM/ Vendor of the quoted product should also have its direct representation in India in terms of registered office for at least

past 3 years. The presence through any Distribution/ System Integration partner agreement will not be accepted.


Bidder

As Per RFP

68 6. General Terms

and Conditions of Tender & Contract

7 Scope of Supply 64 c) The bidder shall not quote and supply

hardware/ software that is likely to be declared as End of Sale and End of Service/ Support for the period as mentioned in BoM

(Annexure -1) from the last date of bid submission. OEMs are required to mention this in the MAF for all the quoted hardware/

software. If any of the hardware/ software is found to be declared as End of Sale/ Service/ Support, then the bidder shall replace all

such hardware/ software with the latest ones having equivalent or higher specifications

No Change as


As Per RFP



Page 17 of 40

Sr. No.


RFP

Page No.


Clause

without any financial obligation to the purchaser.


Tender & Contract

8 Delivery & Installation 64 b) The contract for the supply can be repudiated at any time by the purchase

officer, if the supplies are not made to his satisfaction after giving an opportunity to the bidder of being heard and recording the

reasons for repudiation.

The contract for the supply can be repudiated at any time by the purchase officer, if the

supplies are not made to his satisfaction after giving an opportunity to the bidder of being heard by means of giving a written notice of 30

days and recording the reasons for repudiation.



Contract

8 Delivery & Installation 65 d) Shifting the place of Installation: The user will be free to shift the place of installation within the same city /town/ district/ division.

The successful/ selected bidder shall provide all assistance, except transportation, in shifting of the equipment. However, if the

city/town is changed, additional charges of assistance in shifting and providing maintenance services for remaining period

would be decided mutually.

Shifting the place of Installation: The user will be free to shift the place of installation within the same city /town/ district/ division. The

successful/ selected bidder shall provide all assistance, except transportation, in shifting of the equipment. However, if the city/town is

changed, In such a case, additional charges of assistance in shifting and providing maintenance services for remaining period

would be decided mutually.



Contract

12 Recoveries from Supplier/ Selected Bidder

65 b) Amount may also be withheld to the extent of short supply, breakages, and rejected articles and in case of failure in satisfactory

replacement by the supplier along with amount of liquidated damages shall be recovered from his dues and security deposit

available with the department.

Amount may also be withheld to the extent of short supply, breakages, and rejected articles and in case of failure in satisfactory

replacement by the supplier along with amount of liquidated damages shall be recovered from his dues and security deposit available with the

department.



Contract

13 Taxes & Duties 66 Taxes & Duties Please clarify the applicability of Works Contract Tax on the project and how the same will be taken into consideration during bid

evaluation.



Contract

13 Taxes & Duties 66 d) If any tax exemptions, reductions, allowances or privileges may be available to the successful/ selected bidder in India, the

Purchaser shall use its best efforts to enable the successful/ selected bidder to benefit from any such tax savings to the maximum

allowable extent. However, it is clarified that for the purpose concessional Sales Tax, no “C-Form/ D-Form”, or any other form by whatever name it may be called, shall be released by Purchaser to the selected bidder under any circumstances for any of activities

under the SoW of this bidding document.

If any tax exemptions, reductions, allowances or privileges may be available to the successful/ selected bidder in India, the

Purchaser shall use its best efforts to enable the successful/ selected bidder to benefit from any such tax savings to the maximum

allowable extent. However, it is clarified that for the purpose concessional Sales Tax, no “C-Form/ D-Form”, or any other form by whatever name it may be called, shall be released by Purchaser to the selected bidder under any circumstances for any of activities under the

SoW of this bidding document.




Page 18 of 40

Sr. No.


RFP

Page No.


Clause

75 6. General Terms


13 Taxes & Duties Need

to add

Any increase in Service Tax, VAT, Excise duty

etc. after the submission of bid by the bidder shall be borne by the purchasing entity.

No Change,

already given in

RFP Clause 6.13

(a) and Clause

7.1 (i)

As Per RFP


Contract

14 Copy Right 66 The copyright in all drawings, design documents, source code and other materials containing data and information furnished to

the Purchaser by the Supplier/ Selected Bidder herein shall remain vested in the Purchaser, or, if they are furnished to the

Purchaser directly or through the Supplier/ Selected Bidder by any third party, including suppliers of materials, the copyright in such

materials shall remain vested in such third party.

This clause implies that Source Code copy right rest with the Purchaser if it is being supplied directly by the Software Developer.

However, it protects the copyright if the software is suppied through an intermidiate as in such case copy right for such case remains

with the third party. Hence this prevents an indigenious developer to bid directly. Hence suitable change is requested for hold of

copyright of the source code with the original developer itself irrespective it is being developed by supplier or by some third party.


76 6. General Terms


14 Copy Right 66 Copyright

The copyright in all drawings, design documents, source code and other materials containing data and information furnished to

the Purchaser by the Supplier/ Selected Bidder herein shall remain vested in the Purchaser, or, if they are furnished to the

Purchaser directly or through the Supplier/ Selected Bidder by any third party, including suppliers of materials, the copyright in such

materials shall remain vested in such third party.

No Change as


As Per RFP


Tender & Contract

15 Confidential Information

66 Confidential Information No Change as No Suggestion

Given by the Bidder

As Per RFP



Page 19 of 40

Sr. No.


RFP

Page No.


Clause

78 6. General Terms


16 Specifications and

Standards

67 a) All articles supplied shall strictly conform

to the specifications, trademark laid down in the bidding document and wherever articles have been required according to ISI/ ISO/

other applicable specifications/ certifications/ standards, those articles should conform strictly to those specifications/ certifications/

standards. The supply shall be of best quality and description. The decision of the competent authority/ purchase committee

whether the articles supplied conform to the specifications shall be final and binding on the supplier/ selected bidder.

All articles supplied shall strictly conform to the

specifications, trademark laid down in the bidding document and wherever articles have been required according to ISI/ ISO/ other

applicable specifications/ certifications/ standards, those articles should conform strictly to those specifications/ certifications/

standards. The supply shall be of best commercially reasonable quality and description. The decision of the competent

authority/ purchase committee whether the articles supplied conform to the specifications shall be final and binding on the supplier/

selected bidder.



Contract

20 Inspection 69 a) Inspection shall be made at supplier’s/ selected bidder’s go down at Jaipur (at supplier’s/ selected bidder’s cost).

Any kind of inspection by purchaser either at supplier's factory premises or go down shall be at their own expense.



Contract

20 Inspection 69 c) supplies when received at respective locations shall be subject to inspection to ensure whether they conform to the

specification

We understand that inspection shall be carried out in two stages : 1. At OEM factory premises (FAT)

2. At Atal Seva Kendra Please clarify any additional inspection requirement.

Request RISL to specify format for FAT in the bidding documents.

Clause Modified c) After successful inspection, it will be supplier’s/ selected bidder’s responsibility to dispatch and install the equipment at respective

locations without any financial liability to the Purchaser. However,

supplies when received at respective locations shall be subject to inspection

to ensure whether they conform to the specification at following

stages :- i. at OEM Factory Premises

ii. at respective Atal Seva Kendras (ASKs) at Gram Panchayat Level

iii. Data Center (DC) at DoIT&C Premises, Jaipur



Page 20 of 40

Sr. No.


RFP

Page No.


Clause

81 6. General Terms


20 Inspection 69 a) The Purchase Officer or his duly

authorized representative shall at all reasonable time have access to the supplier’s/ selected bidder’s premises and shall have the power at all reasonable time to inspect and examine the materials and workmanship of the goods/ equipment/

machineries during manufacturing process or afterwards as may be decided. Inspection shall be made at supplier’s/ selected bidder’s godown at Jaipur (at supplier’s/ selected bidder’s cost).

No Change as


As Per RFP


Tender & Contract

21 Samples 69 a) When notified by the Purchaser to the supplier/ bidder/ selected bidder, Bids for

articles/goods marked in the BoM shall be accompanied by four sets of samples of the articles quoted properly packed. Such

samples if submitted personally will be received in the office. A receipt will be given for each sample by the officer receiving the

samples. Samples if sent by train, etc., should be despatched freight paid and the R/R or G.R. should be sent under a separate

registered cover. Samples for catering/food items should be given in a plastic box or in polythene bags at the cost of the bidder.


Given by the Bidder

As Per RFP

83 6. General Terms


24 Rejection 71 a) Articles not approved during inspection or

testing shall be rejected and will have to be replaced by the selected bidder at his own cost within the time fixed by the Purchase

Officer.

Articles not approved during inspection or

testing shall be rejected and will have to be replaced by the selected bidder at his own cost within the time fixed by the Purchase Officer by

means of a intimation of rejection in writing, where such time shall in no case be less than 30 days.


84 6. General Terms


24 Rejection 71 b) If, however, due to exigencies of DoIT&C’s work, such replacement either in whole or in part, is not considered feasible, the Purchase Officer after giving an opportunity to the

selected bidder of being heard shall for reasons to be recorded, deduct a suitable amount from the approved rates. The


If, however, due to exigencies of DoIT&C’s work, such replacement either in whole or in part, is not considered feasible, the Purchase Officer after giving an opportunity to the

selected bidder of being heard shall for reasons to be recorded, deduct a suitable mutually agreed amount from the approved

rates. The deduction so made shall be final.




Page 21 of 40

Sr. No.


RFP

Page No.


Clause

85 6. General Terms


24 Rejection 71 c) The rejected articles shall be removed by

the supplier/ bidder/ selected bidder within 15 days of intimation of rejection, after which Purchase Officer shall not be responsible for

any loss, shortage or damage and shall have the right to dispose of such articles as he thinks fit, at the selected bidder’s risk and on his account.

The rejected articles shall be removed by the

supplier/ bidder/ selected bidder within 15 30 days of intimation of rejection in writing, after which Purchase Officer shall not be

responsible for any loss, shortage or damage and shall have the right to dispose of such articles as he thinks fit, at the selected bidder’s risk and on his account.



Contract

25 Delivery period & Extent of Quantity – Repeat Orders

71 b) The selected bidder shall arrange supplies within the stipulated time period.

The selected bidder shall arrange supplies within the stipulated time period in accordance with the provisions of clause 5.25.


87 6. General Terms


25 Delivery period &

Extent of Quantity – Repeat Orders

71 c) If the orders are placed in excess of the

quantities, the bidder shall be bound to meet the required supply. Repeat orders may also be placed on the rate and conditions given in

the bidding document. If the bidder fails to do so, the Purchase Officer shall be fee to arrange for the balance supply by limited

tender or otherwise and the extra cost incurred shall be recoverable from the bidder.

If the orders are placed in excess of the

quantities, the bidder shall be bound to meet the required supply in accordance with the provision of clause 5.25. Repeat orders may

also be placed on the rate and conditions given in the bidding document. If the bidder fails to do so, the Purchase Officer shall be fee to

arrange for the balance supply by limited tender or otherwise and the extra cost subject to a maximum of 10% of extra cost incurred

shall be recoverable from the bidder.



Contract

27 Payments 72 c) In case of disputed items, 10% to 25% of the amount shall be withheld and will be paid on settlement of the dispute.




Page 22 of 40

Sr. No.


RFP

Page No.


Clause

89 6. General Terms


27 Payments 72 d) Payment in case of those goods which

need testing shall be made only when such tests have been carried out, test results received conforming to the prescribed

specification.

Payment in case of those goods which need

testing shall be made only when such tests have been carried out, test results received conforming to the prescribed specification as

follows:- 1) 90% of the payment shall be made within 30

days from the date of delivery of goods. 2) balance 10% of the payment shall be made within 30 days from the date of reciept of test

results where the test result specify that the goods conform to the prescribed specifications. Provided that the testing shall be completed

within 30 days from the date of the delivery of goods. If the testing remains incomplete within the specified period, then balance 10% of the

payment shall be made within 30 days from the date of expiry of the specified period of testing.



Tender & Contract

28 Liquidated Damages (LD)

72 In case of extension in the delivery and/ or installation and commissioning period is

granted with full liquidated damages, the recovery shall be made on the basis of following percentages…..

It is understood that the percentages defined in the table are the maximum liquidated damages

that can be recovered for the corresponding period of delay. For example in case delay is upto one fourth period of the prescribed period

of delivery,installation and completion of work, the maximum liquidated damages that can be recovered shall be capped at 2.5% of the value

of goods and services which the supplier has failed to supply/install/commmission. Please confirm.


91 6. General Terms


28 Liquidated Damages 72 Liquidated Damages Request customer to cap LD to max. 5%

instead of 10% of total contract value




Page 23 of 40

Sr. No.


RFP

Page No.


Clause

92 6. General Terms


35 Limitation of Liabilities 76 b) the aggregate liability of the supplier/

selected bidder to the Purchaser, whether under the Contract, in tort, or otherwise, shall not exceed the amount specified in the

Contract, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of

the supplier/ selected bidder to indemnify the Purchaser with respect to patent infringement.

b) the aggregate liability of the supplier/

selected bidder to the Purchaser, whether under the Contract, in tort, or otherwise, shall not exceed the amount specified in the

Contract, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the

supplier/ selected bidder to indemnify the Purchaser with respect to patent infringement. Cost of repairing and replacement of defecting

equipment shall be governed as per Warranty clause.



Tender & Contract

28 Liquidated Damages (LD)

72 c) The maximum amount of liquidated damages shall be 10% of the contract value.

e) Delivery period may be extended with or without liquidated damages if the delay in the supply of goods is on account of hindrances

beyond the control of the bidder.

c) The maximum amount of liquidated damages shall be 10% of the contract value of

the delayed deliverable. e) Delivery period may be extended with or will be extended without liquidated damages if the

delay in the supply of goods is on account of hindrances beyond the control of the bidder.

No Change Already Clarified in RFP


Tender & Contract

30 Settlement of Disputes 73 Settlement of Disputes: If any dispute arise out of the contract with regard to the

interpretation, meaning and breach of the terms of the contract, the matter shall be referred to by the Parties to the Head of the

Department who will appoint his senior most deputy as the Sole Arbitrator of the dispute who will not be related to this contract and

whose decision shall be final.


Given by the Bidder

As Per RFP


Contract

31 73 All legal proceedings, if necessary arise to institute may by any of the parties (Government of Contractor) shall have to be

lodged in courts situated in Rajasthan and not elsewhere.


Bidder

As Per RFP


Tender & Contract

33 Warranty 74 b) At the time of goods delivery, the selected bidder shall submit a certificate/ undertaking

from all the respective OEMs mentioning the fact that the goods supplied are covered under comprehensive warranty & support for

the prescribed period.


Given by the Bidder

As Per RFP



Page 24 of 40

Sr. No.


RFP

Page No.


Clause

97 6. General Terms


33 Warranty 74 e) During the warranty period, the bidder

shall also be responsible to ensure adequate and timely availability of spare parts needed for repairing the supplied goods.

No Change as


As Per RFP

98 6. General Terms


34 Patent Indemnity 74 Patent Indemnity No Change as


As Per RFP

99 6. General Terms


35 Limitation of Liabilities 76 Except in cases of gross negligence or wilful

misconduct: - a) neither party shall be liable to the other party for any indirect or consequential loss or

damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any

obligation of the supplier/ selected bidder to pay liquidated damages to the Purchaser; and

b) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether under the Contract, in tort, or otherwise, shall

not exceed the amount specified in the Contract, provided that this limitation shall not apply to the cost of repairing or replacing

defective equipment, or to any obligation of the supplier/ selected bidder to indemnify the Purchaser with respect to patent

infringement.

Request deletion of the clause given in RFP

and insertion of the following clause:- a) Notwithstanding anything contained herein,

the vendor shall not be liable for any indirect or consequential loss or damage.

b) Except in case of gross negligence or wilful misconduct on the part of the vendor or on the part of any person or company acting on behalf

of the vendor in executing the work or in carrying out the services, the vendor, with respect to damage caused by the vendor or

any person or company acting on behalf of the vendor to the property and/ or assets of the purchaser or of any of the Purchaser’s vendors, shall not be liable to Purchaser for any direct loss or damage that exceeds 25% of the Contract Value.



Contract

37 Change Orders and Contract Amendments

77 a) If any such change causes an increase or decrease in the cost of, or the time required for, the supplier’s/selected bidder’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery

and Completion Schedule, or both, and the Contract shall accordingly should be amended. Any claims by the

supplier/selected bidder for adjustment under this clause must be asserted within thirty (30) days from the date of the supplier’s/selected bidder’s receipt of the Purchaser’s change order.

If any such change causes an increase or decrease in the cost of, or the time required for, the supplier’s/selected bidder’s performance of any provisions under the Contract, an equitable mutually agreed adjustment shall be made in the Contract Price

or in the Delivery and Completion Schedule, or both, and the Contract shall accordingly should be amended. Any claims by the

supplier/selected bidder for adjustment under this clause must be asserted within thirty (30) days from the date of the supplier’s/selected bidder’s receipt of the Purchaser’s change order.




Page 25 of 40

Sr. No.


RFP

Page No.


Clause

101 6. General Terms


37 Change Orders and

Contract Amendments

77 b) Prices to be charged by the supplier/

selected bidder for any related services that might be needed but which were not included in the Contract shall be agreed upon in

advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier/ selected bidder for similar

services.

Prices to be charged by the supplier/ selected

bidder for any related services that might be needed but which were not included in the Contract shall be agreed upon in advance by

the parties. and shall not exceed the prevailing rates charged to other parties by the supplier/ selected bidder for similar services.



Contract

38 Termination 77 Termination for Default i. The procuring entity may, without prejudice to any other remedy for breach of contract,

by written a written notice of default of at least 30 days sent to the supplier/ selected bidder, terminate the contract in whole or in

part: - a. If the supplier/ selected bidder fails to deliver any or all quantities of the service

within the time period specified in the contract, or any extension thereof granted by DoIT&C; or

b. If the supplier/ selected bidder fails to perform any other obligation under the contract within the specified period of

delivery of service or any extension granted thereof; or c. If the supplier/ selected bidder, in the

judgement of the Purchaser, is found to be engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in

executing the contract. d. If the supplier/ selected bidder commits breach of any condition of the contract.

ii. If DoIT&C terminates the contract in whole or in part, amount of PSD may be forfeited.

iii. Before cancelling a contract and taking further action, advice of senior most finance

person available in the office and of legal adviser or legal assistant posted in the office, if there is one, may be obtained.

Termination for Default i. The procuring entity may, without prejudice to any other remedy for breach of contract, by

written a written notice of default of at least 30 days sent to the supplier/ selected bidder, terminate the contract in whole or in part: -

a. If the supplier/ selected bidder fails to deliver any or all quantities of the service within the time period specified in the contract, or any

extension thereof granted by DoIT&C; or b. If the supplier/ selected bidder fails to perform any other obligation under the contract

within the specified period of delivery of service or any extension granted thereof; or c. If the supplier/ selected bidder, in the

judgement of the Purchaser, is found to be engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in

executing the contract. d. If the supplier/ selected bidder commits breach of any condition of the contract.

However, before the issue of notice of termination for default, the purchaser shall

provide a notice of atleast 30 days to the selected bidder to make good the default.

ii. If DoIT&C terminates the contract in whole or in part, amount of PSD may be forfeited.

iii. Before cancelling a contract and taking further action, advice of senior most finance person available in the office and of legal




Page 26 of 40

Sr. No.


RFP

Page No.


Clause

adviser or legal assistant posted in the office, if there is one, may be obtained.


Tender & Contract

38 Termination Need to

add

In case of Termination for Purchaser's Convenience, the Purchaser shall pay to the

Supplier the following amounts : a) Payment for all the Goods delivered and services rendered till the effective date of

termination; (b) the costs reasonably incurred by the Supplier in the removal of the Supplier’s Equipment from the site and in the repatriation of the Supplier’s and its Subcontractors’ personnel;

(c) any amount to be paid by the Supplier to its Subcontractors in connection with the termination of any subcontracts, including any

cancellation charges; (d) costs incurred by the Supplier in protecting the System and leaving the site in a clean and

safe condition; and (e) the cost of satisfying all other obligations, commitments, and claims that the Supplier

may in good faith have undertaken with third parties in connection with the Contract and that are not covered above.

Not Agree As Per RFP

104 6. General Terms


39 Exit Management 81 e) ii) Right of Access to Premises: At any

time during the exit management period and for such period of time following termination or expiry of the SLA, where assets are

located at the selected bidder’s premises, the selected bidder will be obliged to give reasonable rights of access to (or, in the

case of assets located on a third party’s premises, procure reasonable rights of access to DoIT&C or its nominated agencies,

and/ or any replacement operator in order to inventory the assets.

No Change as


As Per RFP

105 7. Special Terms and Conditions of

Tender & Contract

7.1 Payment Terms and Schedule

83 g) In case of disputed items, the disputed amount shall be withheld and will be paid

only after settlement of the dispute.




Page 27 of 40

Sr. No.


RFP

Page No.


Clause

106 7. Special Terms


7.2 SLA 83 Service Level Requirements No Change as


As Per RFP



Table 7.2.1 86 In case of target service level of Uptime

Between 90 % to 94.99 % and time taken to repair/replace the faulty equipment Within 36 Hours of lodging of complaint or failure -

Penalty imposed shall be There will be a penalty of 2 % of quarterly

payable charges at per site basis And If number of sites failure for 100 sites after 36

hours, then there will be a penalty of 2 % of total payable charges.

In case of target service level of Uptime

Between 90 % to 94.99 % and time taken to repair/replace the faulty equipment Within 36 Hours of lodging of complaint or failure -

Penalty imposed shall be There will be a penalty of 2% 1% of quarterly

payable charges at per site basis And If number of sites failure for 100 200 sites after

36 hours, then there will be a penalty of 2% 1% of total payable charges.



Tender & Contract

Table 7.2.1 86 In case of target service level of Uptime Between 85% to 89.99 % and time taken to

repair/replace the faulty equipment Within 48 Hours of lodging of complaint or failure - Penalty imposed shall be

There will be a penalty of 4% of quarterly payable charges at per site basis

And If number of sites failure for 200 sites after 36 hours, then there will be a penalty of 4% of

total payable charges.

In case of target service level of Uptime Between 85% to 89.99 % and time taken to

repair/replace the faulty equipment Within 48 Hours of lodging of complaint or failure - Penalty imposed shall be

There will be a penalty of 4% 2% of quarterly payable charges at per site basis

And If number of sites failure for 200 300 sites after 36 48 hours, then there will be a penalty of 4%

2% of total payable charges.


109 7. Special Terms and Conditions of Tender &

Contract

Table 7.2.1 87 In case of target service level of Uptime Between 80% to 84.99 % and time taken to repair/replace the faulty equipment Within 48

Hours of lodging of complaint or failure - Penalty imposed shall be

There will be a penalty of 6% of quarterly payable charges at per site basis And

If number of sites failure for 300 sites after 36 hours, then there will be a penalty of 6% of total payable charges.

In case of target service level of Uptime Between 80% to 84.99 % and time taken to repair/replace the faulty equipment Within 48

Hours of lodging of complaint or failure - Penalty imposed shall be

There will be a penalty of 6% 3% of quarterly payable charges at per site basis And

If number of sites failure for 300 400 sites after 36 48 hours, then there will be a penalty of 6% 3% of total payable charges.




Page 28 of 40

Sr. No.


RFP

Page No.


Clause



Table 7.2.1 87 In case of target service level of Uptime

Below 79.99% and time taken to repair/replace the faulty equipment Within 60 Hours of lodging of complaint or failure -

Penalty imposed shall be There will be a penalty of 6% of quarterly

payable charges at per site basis And If number of sites failure for 400 sites after 36

hours, then there will be a penalty of 6% of total payable charges.

In case of target service level of Uptime Below

79.99% and time taken to repair/replace the faulty equipment Within 60 Hours of lodging of complaint or failure - Penalty imposed shall be

There will be a penalty of 6% 4% of quarterly payable charges at per site basis

And If number of sites failure for 400 500 sites after 36 60 hours, then there will be a penalty of 6%

4% of total payable charges.



Tender & Contract

Table 7.2.1 87 Remarks relating to Availability of Smart Panel - Maximum penalty for the quarter

shall not be more than the quarterly amount payable for O&M.

Remarks relating to Availability of Smart Panel - Maximum penalty for the quarter shall not be

more than 5% the quarterly amount payable for O&M.



Tender & Contract

Table 7.2.1 88 No. of Working hours and a shift of 12 hours No Change as No Suggestion

Given by the Bidder

As Per RFP


Tender & Contract

7.3 Change Requests/ Management

91 c) c. Approval or disapproval of the change request – DoIT&C will approve or disapprove

the change requested including the additional payments for hardware, software development, quoted man-month rate shall

be used for cost estimation, efforts of all technical resources- project manager, analyst, software developer, testing engineer,

database architecture etc. shall be taken into account for total man-month estimation to carry out the s/w development resulting from

the change request. For all technical resources irrespective of their experience and specialization, the quoted man-month

rate shall be used. Efforts of support staff shall not be taken into consideration for this purpose.

Approval or disapproval of the change request – DoIT&C and the bidder will approve or

disapprove will mutually agree the change requested including the additional payments for hardware, software development, quoted man-

month rate shall be used for cost estimation, efforts of all technical resources- project manager, analyst, software developer, testing

engineer, database architecture etc. shall be taken into account for total man-month estimation to carry out the s/w development

resulting from the change request. For all technical resources irrespective of their experience and specialization, the quoted man-

month mutually agreed rate shall be used. Efforts of support staff shall not be taken into consideration for this purpose.




Page 29 of 40

Sr. No.


RFP

Page No.


Clause



7.3 Change Requests/

Management

92 f) If any such change outside the scope of

supplies agreed to herein causes an increase or decrease in cost of, or the time required for, firm’s performance of any provisions under the Agreement, equitable adjustments shall be made in the Agreement Price or Delivery Schedule, or both, and the

Agreement shall accordingly be amended. Any claims by firm for adjustment under this must be asserted within 30 (thirty) days from

the date of SI receiving the DoIT&C change order which shall not be unreasonably withheld or delayed.

If any such change outside the scope of

supplies agreed to herein causes an increase or decrease in cost of, or the time required for, firm’s performance of any provisions under the Agreement, equitable mutually agreed adjustments shall be made in the Agreement Price or Delivery Schedule, or both, and the

Agreement shall accordingly be amended. Any claims by firm for adjustment under this must be asserted within 30 (thirty) days from the

date of SI receiving the DoIT&C change order which shall not be unreasonably withheld or delayed.

Clause Modified f) If any such change

outside the scope of supplies agreed to herein causes an increase or

decrease in cost of, or the time required for, firm’s performance of any

provisions under the Agreement, mutually agreed adjustments shall

be made in the Agreement Price or Delivery Schedule, or

both, and the Agreement shall accordingly be amended. Any claims by

firm for adjustment under this must be asserted within 30 (thirty) days

from the date of SI receiving the DoIT&C change order which shall

not be unreasonably withheld or delayed.

115 Annexure-1: BoM Bill on Material 93 The real time monitoring of various Digital and Analogue signals from ASK site shall be

monitored at CINOC. Is there any provision for local storage of “time stamped signal values” during loss of Internet connectivity due to any

reason, which shall be sent to CINOC after restoration of connectivity. If YES, the local memory size may be defined, else only the last

available value of the signals can be transmitted. The RTC may also be required in case the “time stamped signal values” are required.

Data to be monitored by

smart IO module( Smart controller cum

gateway ) is ON/OFF/Trip status of

incomer MCBs, Status of changeover,

energy metering and battery charge status.

Out of these only energy information is

continuously

As Per RFP



Page 30 of 40

Sr. No.


RFP

Page No.


Clause

variable which smart IO module shall capture in

terms of pulses via pulse energy meter. Smart IO

module shall retain the status counter and

energy meter counter even in case of power

failure which is clearly mentioned in

serial number B.8 on page 104 of RFP. As

power supply to VSAT and Smart IO

module is from same 1kVA source, it is not

required to have a time stamped recording at

smart IO module level, as the files coming from

many locations at same time can congest the

network. However time stamped

recording is to be done at the SCADA level.



Page 31 of 40

Sr. No.


RFP

Page No.


Clause

116 Annexure-1: BoM Item no. 1.10 94 Associate smart cables and accessories for

connection to smart Link with Active devices to control, monitor and metering devices

The bidder request to change the text "smart

link" to a generic terminology like "gateway/PLC/data logger".

Already given in

Cluase no. 6.(a) of Annexure-2: Technical

Specifications

As Per Final RFP

117 Annexure-1: BoM Item no. 1.17 95 RS232/485 converter and required cable Due to limitation on length of RS-232 cable, the converter may required to be installed outside

Smart panel.

Agreed As given in BoQ

118 Annexure-1: BoM Item no. 1.17 95 RS232/485 converter and required cable It is understood that RS232/485 converter will be installed in a separate panel near solar UPS, quantities of necessary communication

cables from smart panel to RS232/485 converter may please be specified in the bill of materials.

Agreed As given in BoQ

119 Annexure-2:

Technical Specifications

Point No. 6 99 The CRCA steel body, powder coated, wall

mounted smart panel, shall be of IP54 design with double door type arrangement for protection against water & dust.

Smart panel shall be divided into two sections to avoid any disturbance/ malfunctioning of devices in healthy section,

due to any fault, dust or vermin ingress

Change of nomenclature

The CRCA steel body, powder coated, wall mounted smart panel, shall be of IP54 design with two sections having individual door.

Smart panel shall be divided into two sections to avoid any disturbance/ malfunctioning of devices in healthy section, due to any fault,

dust or vermin ingress

Clause Modified The CRCA steel body,

powder coated, wall mounted smart panel, shall be of IP54 design

with two section having individual door type arrangement for

protection against water & dust.

120 Annexure-2: Technical

Specifications

Point No. 7 99 Smart Panel shall be of approved OEM make. The Bidder should conduct Factory

Acceptance Test in presence of departmental representative for intended function purpose involving display of communication over

Ethernet network for control, monitor and measurement requirement.

Please add "FAT to be organised at ………………(location) FAT to be conducted for …… nos. of Smart Panels (sampling). FAT will be witnessed by Purchaser representatives as per the request

of bidder (no. of resources for simultaneous testing). All expenses incurred by Purchaser representative for witnessing FAT shall be

borne by Purchaser only.


121 Annexure-1: BoM Point 8.b - B.1 101 Provision for temperature and humidity measurement via Analog sensors to understand site conditions in case if

conditions demand additional protection to be given to the smart IO module for reliable performance.

Please provide the details and type of temerature and humidity sensors for the bidder to make the necessary provisions.

Clause Modified Sensor should use analog output of 4 to 20 mA or 0 to 10 Vdc

122 Annexure-1: BoM Point 8.b - B.2 101 Control supply to be used for the smart IO

module shall be 24V DC, which shall be supplied from available UPS on site.

What is the rating of UPS at site (each Atal

Seva Kendra)

No Change,

already mention in that control

As Per RFP



Page 32 of 40

Sr. No.


RFP

Page No.


Clause

supply will be given from available 1 kVA

UPS.

123 Annexure-2: Technical Specifications

Point No. 15 108 Specifications for UTP Cable is mentioned as 23 AWG

Specifications for UTP Cable shall be changed to 24 AWG Specifications for UTP Cable is mentioned as

24 AWG in BOM & Price Schedule (item 4 at page 96 & 154)

Agreed As Per Final RFP


Specifications

18) Specifications of SCADA Solution

1. Energy And Power Management Software – General

111 B. The software platform shall be certified for use as a part of an ISO 50001 program and

verifiably support compliance. In addition, the functionality shall support ongoing ISO 50001 programs per the following areas of Section 4

of the ISO standard: a. Energy review b. Energy baseline

c. Energy performance indicators d. Monitoring, measurement, and analysis e. Input to management review

This clause limits indigenious Software Developer to participate only on the ground of

affiliation with International Organisation. This is not a Product Quality Ceritifcation. We request you to please remove this clause or

change as follows 9 (without mentioning the certification for ISO50001: B. The software should support following

functionality a. Energy review b. Energy baseline

c. Energy performance indicators d. Monitoring, measurement, and analysis e. Input to management review

No Change, as ISO 50001 is a

global voluntary standard for Energy

Management and is not specific to any

country & supplier. Even indigenious

developers can go for the certification if

their software meets the requirement of

ISO. Moreover, it is important to have this kind of

certification so as to build some standard

guideline for the aspects like Energy review,

baseline, performance indicators etc

which is the essence of this project.

As Per RFP



Page 33 of 40

Sr. No.


RFP

Page No.


Clause

125 Annexure-2:


18) Specifications of

SCADA Solution 1. Energy And Power Management Software –

General

111 Energy and Power Management Software -

Genera the software platform shall be certified for use as a part of an ISO50001 program and verifiably support compliance.

In addition the functionality shall support ongoing ISO50001 programs per the following areas of selection 4 of the ISO

standard

We believe companies which are following

standard like ISO90001:2008 or ISO14001 can offer the their solution Energy And Power Management Software.

No Change, as

ISO 90001 is a quality standard & ISO 140001 is

related to environmental certification

which are different from what we have

asked for. ISO 50001 is a global voluntary

standard for Energy Management

and is not specific to any country &

supplier.Moreover, it is important to have this kind

of certification so as to build some standard

guideline for the aspects like Energy review,

baseline , performance indicators etc

which is the essence of this project.

As Per RFP

126 Annexure-2:




General

111 C. The EPMS shall verifiably support

compliance with EN 16247-1 for energy audits.

This clause limits indigenious Software

Developer to participate only on the ground of affiliation with International Organisation. This is not a Product Quality Ceritifcation. We

request you to please remove this clause




Page 34 of 40

Sr. No.


RFP

Page No.


Clause

127 Annexure-2:




Alarm And Event Annunciation

114 6. Message delivery mechanisms such as:

a. Electronic mail (Email) b. Text messaging for cell phones (GSM Modem)

c. Short messaging peer-to-peer protocol (SMPP) d. Simple Network Paging Protocol (SNPP)

e. Simple Network Management Protocol (SNMP) f. Traditional dial-up Pager (TAP)

Pagers are now obsolete. Request you to

please remove the Mechanism D (SNPP) and f (TAP)


128 Annexure-2:




Technical Infrastructure And System

118 C. The EPMS shall provide the following data

management support: a. Microsoft SQL Server database engine per supported configurations outlined

in the Appendix

Use of "Microsoft SQL Server" Database would

prevents the use of other database. At present SCADA are also using Time Series database specifically suited for SCADA solutions. It

would restricts using such innovative database engine. Request suitable changes and include Influxdb, OpenTSDB and other time series

database also as well standard RDBMS

Clause Modified

- Microsoft SQL/ MySQL (Enterprise

Edition)/ Oracle/ Any other non-proprietary

database with 5 years on-site support.

As Per Final RFP



Page 35 of 40

Sr. No.


RFP

Page No.


Clause

129 Annexure-2:





119 f. The EPMS system shall include an

Administrative interface with the following management functions:

iv. Connections: Configure connection schedules and manage modem connections

Need eloboration on for what purpose Modem

Connections and Its connections schedules are used. The Archetecture doesn't specfiy any MODEM based Data Acqusition, so scheduling

should not be required.

Agreed, The

network connectivity will be given through

RajNET.

As Per Final RFP


Specifications

18) Specifications of SCADA Solution 6.

Energy And Power Management Software – Technical Infrastructure

And System

119 i. The system shall include factory-tested native support for at least 50 electrical

distribution devices (energy and power meters, protection relays, circuit breakers, Ethernet gateways, etc.)

What is the significance of factory tested native support in case of SCADA with interoperability

standard. If devices communicate on open standard/ prototcol like MODBUS and SCADA also supports interoperability standard like

MODBUS /OPC standard, It automatically complies that all such devices would be automatically supported for N number of

devices from X number of Manufacturers without limiting it to 50 number of devices with one native manufacturer. Request you to

please remove this clause or modify suitably.

The software should have the

native support atleast for the major hardware

items (Meters, MCB's etc) used in the smart

panel as the expectation is to properly get the

standardized data. Creating customized

drivers may not bring out the best out of the

hardware used in smart panels - Clause

Modified - as The system shall include

factory-tested native support for at least 30 to

50 electrical distribution devices (energy

and power meters, protection

relays, circuit breakers, Ethernet

gateways, etc.)

As Per Final RFP



Page 36 of 40

Sr. No.


RFP

Page No.


Clause

131 Annexure-2:





123 q. The system communications infrastructure

shall support the following: v. The ability to automatically retrieve logged

data from natively supported devices without additional configuration

Refer Point Above. The same can be achieved

using tamplatisation. Please change this as follows: v. The ability to automatically retrieve logged

data from Pre-templatized devices without additional configuration

No Change as

Having native support will ensure that

replacement & addition of supported

devices is seamless in future.

As Per RFP

132 Annexure-3 Manpower deployment 126 The resources deployed may be utilized by

DOIT&C/GoR for other IT/Electrical activities of DOIT&C/ GoR.

The resources shall be exclusively deployed

for carrying out O&M activities to be carried under scope of the contract.


133 Annexure-17 Stage-1 CAPEX - A 148 Financial bid format: The Supply Unit Rate including all taxes and levies but excluding

VAT, CST (Column 5) is common for all sub items. We understand that the price components in columns 6 to 12 are also

required to be mentioned combinedly.

The format may be modified accordingly. No Change As Per BoQ

134 Annexure-18: Recommended Makes

1 160 Smart Panel: (OEM Made): Recommended Makes: Schneider / Siemens / L&T

Request you to include Pyrotech make also. No Change As Per RFP

135 Annexure-18:

Recommended Makes

2 160 ANNEXURE-18: RECOMMEMDED MAKES Detail Specification of Smart I/O module to be

shared

Already given in

RFP

As Per RFP

136 Annexure-18: Recommended

Makes

5 160 Energy Meters: Recommended Makes: Schneider / Siemens / Sqcomec / L&T

Request you to include Rishabh / Secure Meter make also.



9 160 Cu Wire: Recommended Makes: RR Kabel, Finolex, Luminous(Schneider) / L&T / Polycab

Request you to include Tempsens, Polycab make also.


138 Annexure-18:

Recommended Makes

11 160 UTP cable: RECOMMENDED MAKES- Amp,

Avaya, Penduit, Schneider, Legrand, Commoscope

Request you to include Dlink make also. No Change As Per RFP


Makes

13 160 13. SCADA and PLC SCADA and PLC are two different categories i.e. one is Software and Other Hardware.

Request you to please put these two in two different categories.




Page 37 of 40

Sr. No.


RFP

Page No.


Clause

140 Annexure-18:

Recommended Makes

13 160 13. SCADA SCADA being a Software Product, it can be

provided by any reputated Software Development Company having CMMi Level certification. Request you to kindly remove the

recommended make for Software Product company (currently, due to Merging of PLC and SCADA, recommended makes are of

Automation Companies which are manufacuturing PLC ) and suggest to replace the make with "minimum CMMi Level 3

Company". If products are to be suggested in this categories also we request you to please add Flex-eSuite /E-Connect for SCADA

categories.

No Change as

Since the project involves communication

of electrical systems & its monitoring,

hence SCADA has been asked for. Having

softwares & hardwares from different

manufacturers can lead to compatibility

issues. DoIT&C do not want to include specific

model nos, versions , categories &

certifications asked by Bidder.


Makes

160 ANNEXURE-18: RECOMMEMDED MAKES We believe recommended make are only for indicative purpose. Product form other reputed

OEM are also acceptable.

Clause Modified. As Per Final RFP


160 SCADA and PLC , Smart Panel(OEM Made). Smart IO Module, Energy Meters, MCB and Communicable auxiliaries

We believe recommended make are only for indicative purpose. Product form other reputed OEM are also acceptable.


143 Suspension & Termination Need

to add

Bidder shall have the right to suspend and/or

terminate the Contract, in part or whole, in case Purchaser fails or abnormally delays to fulfil its obligations in the time and manner

prescribed in the Contract.




Page 38 of 40

Sr. No.


RFP

Page No.


Clause

144 Change in Contract

Elements

Need

to add

During the performance of the contract, In case

RISL proposes any change, modification, addition or deletion to, in the form of the facilities, hereinafter called "Change" provided

that such change falls within the general scope of facilities and does not constitute unrelated work and that is technically practicable, taking

into account both the state of advancement of the facilities and the technical compatibility of the change envisaged with the nature of

facilities as specified in the contract.


145 Need to add

Right to bidder for non payment:

Payment shall be released within 30 days of submission of invoice. In case delayed payment of undisputed amount, interest @

12% shall be paid to the bidder. If the undisputed amount remain unpaid for over 90 days, the bidder should have right to

exit from the account


146 Need to add

Savings Clause Bidder’s failure to perform its contractual responsibilities, to perform the services, or to meet agreed service levels shall be excused if

and to the extent Bidder's performance is effected , delayed or causes non-performance due to Customer's omissions or actions

whatsoever.


147 Need to add

Deemed Acceptance Services and/or deliverables shall be deemed to be fully and finally accepted by Customer in the event when Customer has not submitted its

acceptance or rejection response in writing to Bidder within 15 days from the date of installation/commissioning or when Customer

uses the Deliverable in its business, whichever occurs earlier. Parties agree that Bidder shall have 15 days time to correct in case of any

rejection by Client.




Page 39 of 40

Sr. No.


RFP

Page No.


Clause

148 Need

to add

SNR Customer hereby agrees to make the site

ready as per the agreed specifications, within the agreed timelines. Customer agrees that Bidder shall not be in any manner be liable for

any delay arising out of Customer's failure to make the site ready within the stipulated period, including but not limited to levy of

liquidated damages for any delay in performance of Services under the terms of this Agreement.


149 Need

to add

Termination In the event of termination by owner, the

Bidder shall be paid for all the goods delivered and services rendered till the last effective date of termination


150 Need

to add

Assignment/Discounting of receivables (1) Customer hereby agrees and provides

consent to Wipro to have enabling rights to assign the receivables under this Contract to a financial or banking institution or any other

institution/organization engaged in the business of funding. For avoidance of doubt, such assignment may include but is not limited

to sale of receivables. (2) Customer shall provide full support and

cooperation to Wipro to enable Wipro to assign and discount the receivables which shall include execution of tri-partite

agreement/undertaking in order to enable Wipro to complete the documentation aspect pertaining to the assignment of receivables.

(3) In the event if RFP/Contract provides for takeover of ownership of Customer asset or

asset financing for the project in any other manner, it shall be conditioned upon successfully securing the finances from a

financial or banking institution or any other institution/organization engaged in the business of funding.


Documents

Pre Bid Queries & Responses of RFP for ... - DoIT&C · years, so the average annual expenditure comes around Rs. 40 Crores. So, the bidder having a turnover of Rs. 150 Crores can