CENTRE FOR RAILWAY INFORMATION SYSTEMS

CHANAKYAPURI, NEW DELHI – 110 021

To,

M/S______

______

______

Sub: Tender (No.CRIS/PRS/2010/5) for Comprehensive Maintenance of NTES IBM Servers and System Software at the 5 hub sites viz., Delhi, Mumbai, Kolkata, Chennai, Secundrabad and at CRIS office Chanakyapuri, New Delhi.

Dear Sir,

  1. Tender form with tender conditions and agreement for the above noted contract are enclosed.
  2. Tender should be addressed to General Manager/PRS-I, CRIS, Chanakyapuri, New Delhi-110021 and submitted in a sealed cover.
  3. Tender will be received in a sealed tender box kept in this office at nominated place and sealed tender box will be opened by nominated tender opening committee in presence of the bidders authorized representatives. Names of all tenderers will be announced immediately thereafter. Tenderers are advised that if they so desire, they can send their authorized representatives to witness the opening of tender. Tender received after closing of tender box will not be considered.
  4. No tender will be considered if not accompanied by requisite earnest money deposit as per terms and conditions specified in the tender.
  5. The successful tenderer will have to start work within 7 days from issuance of award letter or w.e.f. 01.07.2010 whichever is later, failing which the earnest money and security money deposited shall be forfeited and action taken by CRIS as deemed necessary.
  6. CRIS reserves the right to reject any or all the tenders without assigning any reason whatsoever or to accept any tender with a lower offer.
  7. This tender form is non-transferable.
  1. Tender Details:

Tender No. : CRIS/PRS/2010/5

File No.: CRIS/PRS/AMC of NTES/209-D

Place of dropping tenders: CRIS, Chanakyapuri, New Delhi.

Mode of tendering: Open Tender

Type of tender: Single Packet

Date of Acceptance of Tender upto tender closing time 15hrs on ------

Date of opening of Tender at 15:30 hrs on ------

Earnest Money: Rs 18,000/- [Rs. Eighteen thousand only]

Estimated cost of work: Rs. 9 lakh (per year)

Cost of Tender document: Rs. 1000/- [Rs One thousand only]

CM/PRS

INDEX

  1. Instructions of Tenders – Section -1.………………………………..3-11
  1. Special Conditions of Contract – Section – 2……………………….12-19
  1. Section – 3…………………………………………………………….20-30

iAnnexure – 3.1 – Schedule of Invitation to Tender ...... ………………20

iiAnnexure – 3.2 – Bid Particulars…..………..…………………....…21

iiiAnnexure – 3.3 – Declaration letter.....………………………..…22-23

ivAnnexure – 3.4 – Price Schedule ……………………………...…….24

vAnnexure – 3.5 – Statement of Deviations …………………………....25

viAnnexure –3.6 – Proforma of Bank Guarantee …………………..26-28

viiAnnexure –3.7 –Back-up Arrangements …………………………....29

4.Annexure – A…………………………………………………………….30

Section – 1

INSTRUCTIONS OF TENDER

ARTICLE 1 PROCEDURE FOR SUBMISSION OF BIDS

1.1Sealed tenders prepared in accordance with the conditions stipulated in the Tender documents comprising Instructions to Tenders, Special Conditions of Contract and the Bid Documents should reach the Center for Railway Information Systems (herein after referred to as CRIS) not later than 15.00hrs on 14.06.2010. The tender should be sent in sealed cover addressed to:

General Manager/PRS/I

Center for Railway Information Systems

Chanakyapuri

New Delhi-110021

1.2 Delays in mail shall not be accepted and tenders received after the closing time is liable

to be ignored.

1.3Offers on original printed sheets will only be considered. Offer submitted by FAX or in any manner other than specified above shall not be considered. The bids shall exactly be according to the prescribed formats. Modifications/rewording of format shall not be acceptable. All corrections to be signed.

1.4 The authorized representative of the tender must duly attest any alteration. Each page of tender documents is to be signed and stamped (Company Seal) by the tendered. Additional Conditions/stipulations/deviations to the technical requirements and terms and conditions must be clearly brought out by the tendererin the deviation statement, if any CRIS reserves the right to consider or reject the same without assigning any reason.

1.5 The following words shall be inscribed in large capital letters on the covers containing the offers.

TENDER FOR ANNUAL COMPREHENSIVE MAINTENANCE OF NTES IBM SERVERS AND SYSTEM SOFTWARES at 5 Hub sites viz.

Delhi, Mumbai, Kolkata, Chennai, Secundrabad and at CRIS Office, Chanakyapuri, New Delhi.

“TENDER SHALL NOT BE OPENED BEFORE 15:30 HRS ON 14.06.2010”

“TENDER NO. CRIS/PRS/2010/5

1.6 The scope of the contract has been defined under Special Conditions of Contract.

1.7 The tenderer should quote their fixed comprehensive rates for Maintenance of NTES IBM SERVERS AND SYSTEM SOFTWARES at 5 Hub sites viz.Delhi, Mumbai, Kolkata, Chennai, Secundrabad and at CRIS Office , Chanakyapuri, New Delhi, as indicated in Annexure “A” for all items the total Annual charges both in words and figures. In case of any discrepancies the charges indicate in words shall prevail.

1.8 The tenderer should submit the bid in duplicate.

1.9 If the tenderer submits wrong information his tender is liable to be rejected.

1.10 The submission of tender will be deemed to imply that the tenderer fully undersigned the scope of work involved. Any doubts with respect to the specifications must be clarified in writing within 2 days prior to the submission date.

1.11 All-prices shall be in India rupees and no foreign exchange / import license shall be provided for procurement of any spares required by the contractor.

ARTICLE 2 BID DOCUMENT

The bid shall comprise the following:

a)EMD as per Article 16.

b)Declaration by the tenderer.

c)Point-by-point compliance to all points, as per the attached format in – Terms and Conditions.

d)Any other Terms & Conditions from bidder (Please note that the terms my or may not be acceptable to CRIS).

e)Documentary proof in support of clause 7.

f)Documentary proof in support of eligibility criteria of similar work and annual turnover

g)Valid ITCC Income Tax clearance certificate.

h)All forms given in section 3 complete an all respects.

i)Letter from OEM for Back-end support of equipments alongwith details as per Annexure 3.7.

ARTICLE 3 TENURE OF THE CONTRACT

The contract period is for three years subject to it being renewed at the end of the 1st year and 2nd year and on the basis of a satisfactory performance of the party following the completion of one year of service.

ARTICLE 4 PURCHASER

The term “Purchaser means the taker of Hardware and Software Maintenance services” i.e., Managing Director/CRIS for and behalf of CRIS. It also includes Managing Director/CRIS Successors and assignees / transferees.

ARTICLE 5 COPIES

The tenders shall be submitted in 2 copies i.e. on original and one duplicate in double envelops and shall be sent by Registered Post, return receipt requested or handed over to the person authorized and acknowledgement obtained.

The tenderer will clearly mark the original copy and duplicates copies. In case of any discrepancies between the original and duplicate (s) the original will be considered as authentic.

ARTICLE 6 TENDER OPENING

The sealed tenders shall be opened in the presence of such the tenderers or their authorized. Representatives who may like to be present the time and date fixed. However, the Purchaser shall have a right to change the date and time of opening of the tender. The changed date and time shall be notified.

ARTICLE 7 SIGNING OF TENDER

(i) The individual signing the tender or other documents in connection with the tender must

specify whether he signs as:

(a)A “Sole Proprietor” of the firm or constituted attorney of such sole proprietor.

(b)A partner of the firm if it be a partnership, in which case he must have authority to refer to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or a power of attorney.

In their absence the tender should be signed by all parties.

(c)Constituted attorney of the firm, if it is a company. A copy of the resolution of the Board of Directors authorizing to sign the tender documents may be enclosed with the tender.

ARTICLE 8 LANGUAGE

All tenders and technical specifications shall be either type written or nearly written in indelible ink in English and must be complete. If in addition documents are also furnished in another language , the text/translation of the documents in English shall be governing.

ARTICLE 9 FIRM PRICE

The prices quoted must to firm and final and shall remain valid throughout the period of validity and shall not be subject to any variations.

ARTICLE 10 INITIALING

The tenderer shall sign all pages of the bid documents and submit the complete bid documents along with their tenders. There should not be any loose sheet in the bid documents.

ARTICLE 11 CORRECTIONS

Any correction(s), amendment(s), modification(s),addition(s), exception(s) or deletion(s) should be avoided. However, it is unavoidable it must be in English and signed in full in ink.

ARTICLE 12 CHANGE AFTER OPENING OF TENDERS

No increase, decrease, discount reduction or any other changes in the price or conditions will be acceptable after the opening of the tender.

ARTICLE 13CLARIFICATIONS

When deemed necessary, the purchaser may seek clarification on any aspect from the tenderer. However, that would not entitle the Tenderer to change or cause any change in the conditions of the tender submitted or price quoted. All expenses for the preparation of documents and other meetings will be borne by the tenderer.

ARTICLE 14AMENDMENTS TO BID INVITATION

The purchaser reserves the right to make revisions or amendments to the tender documents, when deemed necessary, prior to the closing date of the tender. Such revisions or amendments will be announced by an addendum or addenda. Copies of such addenda, which may be issued, will be furnished to those who have been sent these tender documents by the purchaser. If the revisions and the amendments made thereof are of a nature, which will require a substantial change in the quantity of tender prices or both, in which case the decision of the purchaser shall be final. The purchaser may consider extending the date set for the tender opening by such a number of days as in the opinion of the purchaser will enable the tenderers to revise their Tenders.

ARTICLE 15 VALIDITY

The tenders shall remain open for acceptance until the date stipulated in the schedule attached. If the day, up to which the offer is to remain open, has been declared to be a closed holiday, the offer shall remain open for acceptance till the next working day. The tenders qualified by such vague and indefinite expressions as “Subject to immediate acceptance” or “Subject to prior sale” are liable to be ignored.

ARTICLE 16EARNEST MONEY DEPOSIT

The bidder shall submit along the bid earnest money deposit of 2% of the offer subject to the maximum of Rs. 2,00,000/- in the form of Demand draft orFixed Deposit Receipt issued by any Nationalization Bank. No Bank Guarantee will be accepted towards Earnest Money Deposit.

ARTICLE 17 ADDRESS

The bidder shall designate the contact person(s) and mailing address to which all correspondence shall be forwarded by the purchaser.

ARTICLE 18ACCEPTENCE OF BIDS

(i) The purchaser does not bind itself to accept the lowest of any bid and reserves the right to

accept any bid, wholly or in part and/or split the order on different vendors. The purchaser

reserves the right to itself to reject any or all offers received in response to this tender or

cancel/withdraw the tender notice without assigning any reasons whatsoever.

(ii)Acceptance of the tender by the purchaser shall be communicated by fax/telex/telegram, letter of formal acceptance of tender to the successful tenderer. In case where the acceptance of tender is communicated by fax/telex/telegram/letter, instructions contained in the fax/telex/telegram or letter must be acted upon immediately. Such a fax/telex/telegram/letter shall conclude contract.

(iii)The purchaser shall always be at liberty to reject or accept any offer or others at his sole discretion and any such action will not be called into question and the tenderer shall no claim in that regard against the purchaser.

ARTICLE 19BINDING

Each copy of the tender should be a complete document and should preferably be bound as a volume. Different copies must be bound separately. Incomplete tenders, amendments and additions to tender after opening and late tenders are liable to be ignored.

ARTICLE20TERMS AND CONDITIONS OF TENDERING FIRMS

Printed terms and conditions of the tenders will not be considered as forming part of their tenders. In case terms and conditions of the contract (given in “Instructions to Tenderer” and “Special Conditions of Contract”) applicable to this invitation of Tender are not acceptable to any bidder, he should clearly specify deviation in his tender (Form no. 3.5 of Section 3)

ARTICLE21OMISSION AND DISCREPAINCES

Should a tenderer find any discrepancy or omission in the drawing of any of Tender papers/ or he has any doubt their meaning, he should at once notify the purchaser who may send a written instruction to all tenderers. It shall be Understood that every endeavor has been made to avoid any error which can materially affect the basis of the Tender and successful Tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

ARTICLE22INCOME TAX CLEARENCE CERTIFICATE

Unless otherwise exempted, the tenderer shall enclose with his tender, a valid income tax clearance certificate issued by he appropriate Income Tax Officer under his seal. Without this the tender is liable to be rejected. In case of a new firm or firms, which have a taxable income, a sworn affidavit to that effect, duly countersigned by the Income Tax Officer shall be furnished.

ARTICLE23SIGNING OF CONTRACT

The tenderer shoes tender is accepted shall be required to execute a suitable agreement evidencing of the agreed terms and conditions within 7 days of date of communication of acceptance of the tender. This shall not however, affect the validity of the contract which has already come into existence. The stamp duty required for the execution of the contract shall be borne by the tenderer.

ARTICLE24MISCELLANEOUS

j)All offers must be made in the offer form under a covering letter as per format at form no. 3.3 of section 3 tenderers may enclose explanatory memoranda or statement should they so desire.

ii)The price quotations and other financial terms must be given in the format of form

no. 3.4 of section 3 and not in he other accompanying documents etc.

iii)Each page of the offer must be numbered consecutively, bear the Tender number and should be initialed by the Tenderer. Reference to total number of pages comprising the offer must be made at the top right hand corner of each page.

iv)Any submission of a quotation by the tenderer shall be deemed to have been done after careful study and examination of all documents with full understanding of the implications thereof. These conditions and specifications shall be deemed to have accepted unless otherwise, specially commented upon by the tenderer in his quotation. Failure to adhere to any one or all these instructions may render the liable to be ignored without any reference.

v)If any transferred from the jurisdiction of the purchaser to Railways or to a Project authority/Successor Organization of CRIS while the contacted is in existence, the contract shall be binding on the contractor and the successor Railway/ Project Authority/ Successor Organization in the same manner and take effect in all respects as if the contractor and the successor Railways/ Project Authority were parties there to from the date of the contract.

vi)The contractor shall not use, or allow to be used: the site/equipments for any purpose other than that of executing the contract works.

vii)The contractor shall not assign or sub-let the contract or any part there of allow any person to become interested, therein any manner whatsoever without the written permission of the purchaser.

viii)The contractor shall not assign or sub-let the contract or any part there of allow any person to become interested, therein in any manner whatsoever without the written permission of the purchaser.

ix)After the public opening of bids, information relating to the examination clarification, evaluation and comparison of bids and recommendations concerning the award of he purchase order shall not be disclosed to the tenderers or other persons not officially concerned with such process.

x)Any effort of the tenderer to influence the purchaser in the process of examination, clarification, evaluation and comparison of bids, and in the decision concerning the contract, may result in rejection of his bid.

ARTICLE25INDEMNITY

The contractor shall indemnify and protect the purchaser from and against all actions, suit proceedings loses, costs, damages, charges, claims and demands of every nature and description brought against or recovered from CRIS/Railways by reasons of any act or omission of the contractor, his agents or employees, in the execution of the works or in the guarding of the same.

ARTICLE26LOCAL CONDITIONS

It will be the sole responsibility of each tenderer to fully acquaint him with all the local conditions and factors, which could have any effect on the performance of the contract and / or the cost.

ARTICLE27INSPECTION OF SITE BY TENDERER

Tenderer shall inspect the proposed sites of works and acquaint themselves with the site conditions and working hours.

ARTICLE28PREVIOUS EXPERIENCE IN THE FIELD

Tenderer should furnish details experience they had in maintaining similar equipments in online real time environments. They should also documents supporting the same.

ARTICLE29OTHER TERMS AND CONDITIONS

All other terms and conditions will be as per General Conditions of Contract (GCC)

SECTION - 2

SPECIAL CONDITIONS OF CONTRACT

ARTICLE 1DEFINITIONS AND INTERPRETATION

In the Contract, unless the context otherwise requires.

1.1.“CRIS” would mean the Centre for Railway Information Systems acting through its Managing Director or any other representative authorized by him.

1.2.“Acceptance of Tender” means the letter/telex/telegram/fax or any memorandum communicating to the Tenderer the acceptance of his tender and includes an advance acceptance of his tender.

1.3.“Contract” means and includes the invitation to tender, Instructions to Tenderers, Acceptance of Tender, Special Conditions of Contract and other conditions specified in the acceptance of tender and includes a repeat order which has been accepted or acted upon by the contractor and a formal agreement, if executed;

1.4.The “Contractor” means the person, firm, vendor or company with whom the order for maintenance service is placed and shall be deemed to include the contractor’s successors (approved by the Purchaser), representatives, heirs, executors, administrators and permitted assignees, as the case may be, unless excluded by the terms of the contract. The terms “Contractor” and “Vendor” have been used interchangeably in this tender document.