VOLUME - II

COMMERCIAL SPECIFICATIONS

SECTION-1

INSTRUCTION TO BIDDERS

INDEX

1 INTENT OF BID SPECIFICATION

2. QUALIFICATION REQUIREMENT OF BID

3. TIME SCHEDULE

4. BID DOCUMENTS

5 INTERPREATION OF THE BID DOCUMENT

6 AMENDMENT OF BIDDING DOCUMENT

7.LANGUAGE OF THE BID

8. PREPARATION OF THE BID

9 CONFORMATION TO BE GIVEN BY THE BIDDER

10 BID PRICE

11 TAXES & DUTIES

12 PRICE BASIS & PAYMENTS

13. FORMAT & SIGNING OF THE BID

14. BID SECURITY (EARNEST MONEY DEPOSIT)

15 PERIOD OF VALIDITY OF BIDS

16 TECHNICAL EVALUATION

17 PREBID CONFERENCE

18 SUBMISSION OF BIDS

19 DEADLINE FOR SUBMISSION OF BID

20 LATE BIDS

21 MODIFICATION & WITHDRAWL OF BIDS

22 BID OPENING –TECHNICAL PROPOSAL

23 POLICY FOR BID UNDER CONSIDERATION

24 DEVIATIONS

25 ALTERNATE OFFER

26 PRELIMINARY Examinations

27 TECHNICAL EVALUATION

28. COMMERCIAL BID OPENING & EVALAUTION

29 . COMPARISON OF BIDS

30 AWARD OF THE CONTRACT

31 SIGNING OF CONTRACT AGREEMENT

32 CONTRACT PERFORMANCE SECURITY

33. CHECK LIST

34 ANNEXURES AND SCHEDULES

1 INTENT OF BID SPECIFICATION

1.1 The intent of this specification is to enter into single contract covering completely the scope of work specified in the accompanied specification forming completely coordinated and engineering package, all in accordance with the specifications as detailed out in the various sections of this bide document.

1.2 The owner in order to implement the project envisages entering into single responsibility contract with the successful bidder.

1.3 It will be two bid submission i.e. Technical Bid & Financial Bid (Price Bid). Each bid should be enclosed in a separate envelope super scribed clearly. These bids should be enclosed in a separate envelope super scribed clearly. These envelopes together should be enclosed in a single envelope, which should be sealed and super scribed as “Proposal for Operating Call Center & 10 Nos of FOCs”

1.4 Bid not covering the entire scope of work as detailed in the Bid Specification will be treated as non-responsive and hence rejected.

1.5 However MSEDCL reserves the right to split the scope in any number of contracts.

2. QUALIFICATION REQUIREMENT OF BID

2.1The bidder should provide evidence regarding the following:

a)The bidder should have been in the business for at least 2 years. Proof has to be submitted in the form of certified true copies of Company Registration Certificate and at least one domestic work order during the above period.

b)The bidder should have operated at least 2 similar CC projects for 2 different organizations in India for servicing the customer in a time bound manner. The bidder must possess the experience in operating a Voice logger driven CTI Server Call Center with real time data update, running for a year. Letter from top executive of the client’s organization confirming the above must be submitted along with Technical Bid.

c)The bidding entity should have an average annual turnover of at least Rs.30/- Lacs in call center business in the last three financial years. Proof has to be submitted in the form of a certificate from Chartered Accountant along with Certified true copies of audited balance sheets for the same.

d)The bidder must have an ISO certification at least for one complete financial year.

3. TIME SCHEDULE

The owner’s requirement of operating the Call Centers & 10 nos FOCs is for a period of 2 years, which shall be extended at the discretion of MSEDCL Pune Zone.

4. BID DOCUMENTS

4.1 The bid documents for the scope of work are arranged as follows:

VOLUME I- TECHNICAL SCOPE AND REQUIREMENT

VOLUME-II-COMMERCIAL SPECIFICATION

Section-1 – INSTRUCTION TO BIDDERS

This section contains the instructions to Bidders giving the information in general as to how to submit a bid, mode of evaluation etc.

Section-2- GENERAL CONDITIONS OF CONTRACT

This section contains the general requirement, general terms and conditions of the contract to be entered into with the successful bidder.

Section-3- SPECIAL CONDITONS OF CONTRACT

This section contains special terms and conditions of the contract to be entered into with successful bidder.

VOLUME II shall also contain the corresponding annexure, price schedule etc.

4.2The bidder is expected to furnish all forms, terms and specifications in the Bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in rejection of his bid.

4.3The bidder shall bear all costs associated with the preparation and submission of the bids. The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause of action or claim against the owner for rejection of its bid or if the owner may elect to withdraw the invitation to bid. The owner shall always be at liberty to accept or reject any bid or bids at its sole discretion and any such action shall not be called into question and the bidder shall have no claim in that regard against the owner. The owner is not bound to give any reason for the rejection of the Bid.

4.4 The bidder should not the following

Bid Documents are not transferable.

Not more than one bid for work shall be submitted by the one bidder or one firm of bidders.

If the bidder submits more than one bid, by way of submitting bid under the name of the firm and submits another bid, as a joint venture partner or have interest or participation in more than one bid, in such eventuality, all the bids are liable for rejection. The bidder in his own interest should ensure that only one bid is submitted

IF the Bidder deliberately gives wrong information in his bid to create circumstances for the acceptance of the bid, the owner and the owner shall have no obligation to return the same to the bidder.

Bid documents submitted by the bidder shall become the property of the owner and the owner shall have no obligation to return the same to the bidder.

Bid must cover the entire scope of work (as full package) as specified in VOLUME I –TECHNICAL SCOPE AND REQUIREMENT

Bid covering partial scope of work will not be accepted

4. 5 Bidder to inform himself fully:

4.5.1 The bidder shall make independent enquiry and satisfy himself as to all the required information, inputs, conditions and circumstances and factors, which may have effect on its bid price and also on the execution of the work, covered under these specifications and documents. In assessing the bid it is deemed that the bidder has inspected and examined the sit e conditions and its surroundings, examined the laws and regulations in force in India, and also the risk, contingencies and other circumstances, which may influence or affect the execution of the works as specified in these bid specification.

4.5.2 In their own interest, the bidders are requested to familiarize themselves with the Income Tax Act, The companies Act, the Custom Act and all other related acts and laws prevalent in India. The owner shall not entertain any request clarification from the Bidders regarding the local laws and conditions. The bidder shall understand and agree that before submission of their bid all such factors as generally brought out above, have been fully investigated and considered while submitting the bid. No claim for financial adjustment arising thereof, which are based on lack of clear information for such site conditions, laws and regulations and other related information and/or its effect on the price quoted in the bid.

4.5.3 Availability of Acts & Regulations: The various acts and regulations referred in this documents are normally available for sale at the following address:

Deputy Controller

Public Department, GOI, New Delhi-110006 INDIA

OR

With leading authorized booksellers.

5 INTERPREATION OF THE BID DOCUMENT

5.1 If any bidder finds discrepancies or omissions in the Bid Specification documents or is in doubt as to the true meaning of any part of the bid document or scope of work to be executed he shall at once submit a written request for clarification or interpretation of the doubt in question.

5.2 Bidders may request a clarification of any of the Bid Documents not later than 4 days prior to the bid submission date indicated in the invitation to Bid.

5.3 Any request for clarification must be sent in writing by paper mail, facsimile or electronic mail to MSEDCL, Pune Zone address indicated in the Invitation to Bid.

5.4 MSEDCL will respond by paper mail or facsimile or electronic mail to such request and will send copies of the response, including an explanation of the query to all interested bidders who intend to submit proposal.

6 AMENDMENT OF BIDDING DOCUMENT

6.1 At any time before the submission of Proposals, MSEDCL Pune Zone may for any reason, whether at its own initiative or in response to a clarification requested by an interested bidder, modify the bid documents by amendment. Any amendment shall be issued in writing through addenda.

6.2 Addenda shall by sent by mail, facsimile, or electronic mail to all interested bidders and will be binding on them

6.3 Any such modification will overrule the original version and previously modified version. MSEDCL Pune Zone may, at its discretion, extend the deadline for the submission of Proposal

7. LANGUAGE OF THE BID

All information given in the bid shall be in English Language. Information in any other language shall be accompanied by its translation in English. Failure to comply with this requirement may disqualify the bid. In the event of any discrepancy in the meaning, the English Language copy of all documents shall govern.

8. PREPARATION OF THE BID

8.1 The original Technical Proposal & Financial Proposal shall be prepared in indelible ink. It shall contain no inter-lineation or overwriting, except as necessary to correct errors made by the bidder itself. The authorized representative must initial any such corrections.

8.2 An authorized representative of the bidder should affix his/her signature wherever required in the proposal . The representative’s authorization should be considered by a written power of attorney accompanying the proposal.

9 CONFORMATION TO BE GIVEN BY THE BIDDER

Any amount or amounts, which may become due and payable by the contractor under this contract, may be deducted by the owner from any amount due or becoming due by him to the Contractor under any other contract.

10 BID PRICE

The bidder shall indicate on the appropriate Price Schedule in Annexure-5 attach to these documents, bid prices for operating the CC, as detailed scope mentioned in Section 1 clause no 2.1

10.1 Prices shall be indicated in the price schedule separately in following manner;

a) Cost of operating the CC for one year. b) Cost of operating 10 FOC Centers.

Total price of contract (a) + (b) above taken as bid price for evaluation

The bidders separation of price components in accordance with above will be solely for the purpose of facilitating the payment purpose only.

11 TAXES & DUTIES

11.1 The bidder should quote his price inclusive of service tax (as applicable) other taxes and duties if applicable.

11.2 As per the new TDS provisions of Income Tax is to be deducted at source as per the rules. Further if applicable works contract tax under Maharashtra Works Contract Act (re-enacted) Act 1989 shall be deducted at the prevailing rate during the validity of the contract on all payment made by the owner to the contract on all payment made by the owner to the contractor.

12 PRICE BASIS & PAYMENTS

The Bidder shall quote, in their proposal, price for the entire scope of the works as required in the Bid Proposal sheets in Indian Rupees only on firm price basis. A bid submitted with price variation shall be summarily rejected.

13. FORMAT & SIGNING OF THE BID

13.1 The Bid must contain the name, residence and place of the business of the person or persons submitting the bid and must be signed and sealed by the Bidder with his usual signature. The names of persons signing the bid should also be typed or printed below the signature. All pages of the bid, drawings and other documents shall be initialed and signed at the lower right hand corner with ink only.

13.2 The bid by a partnership firm must be furnished with full names of partners and by signed with the partnership name followed by the signature of the authorized representative(s). A bid submitted by a person who affixes to his signature the word President, Managing Director, Secretary, Agent or other designation without disclosing his principle shall be rejected.

13.3 Bid submitted by Corporation, Companies must be signed with legal name or the corporation/company by the President, Managing Director or any other person authorized to submit the bid on behalf of the corporation/company in the matter.

Satisfactory evidence of the person signing on behalf of the bidder shall be furnished thereof with the bid. The bidders name on the bid shall be the exact legal name of the firm/corporation/company.

13.4 Proposal containing erasures or alterations are liable to be excluded from the evaluation process.

14. BID SECURITY (EARNEST MONEY DEPOSIT)

14.1 The bid must be accompanied with Bid Security for any amount equal to Indian Rs. 1,00,000/- (Rupees One Lakh Only) for covering the entire scope of work. The bid security will be denominated in Indian Rupees Only.

14.2 The Bid security shall be denominated in one of the following forms.

A bank guarantee issued by a schedule bank acceptable to MSEDCL in the form provided in the bidding documents or any other form acceptable to the owner and valid for 30 days beyond the validity period.

Any tender not accompanied by the requisite Earnest Money Deposit (EMD) shall be rejected and not be considered for evaluation

The bid security shall be returned after acceptance of LOA by the bidder.

The contract performance security is provided by the bidder and acceptable to MSEDCL

Unsuccessful Bidders bid security will be discharged /returned as promptly as possible but in any case within one month beyond the validity of the bid.

The bid security may be forfeited, if a bidder withdraws his during the period of the bid validity

In case of the successful bidder, the bid security shall be forfeited if the bidder fails to furnish contract performance security.

No interest shall be payable by MSEDCL on the above bid security.

15 PERIOD OF VALIDITY OF BIDS

15.1 The bids shall remain valid for a period of 90 days from the date of bid opening prescribed by MSEDCL. A bid valid for shorter period may be rejected by MSEDCL as non-responsive.

15.2 In exceptional circumstances, MSEDCL may solicit the bidder’s consent for an extension of the period of validity. The request and the response thereafter shall be in writing. A bidder may refuse the request without forfeiting its bid security. A bidder granting the request shall not be permitted to modify his bid. The bid security furnished by the bidder shall also be suitably extended.

16 TECHNICAL EVALUATION

The technical bid will be evaluated on the following

Proposed Project & Training Methodology

Skilled Manpower Profile

Proposed Services

Past experience in operating similar projects

Experience in working with government /semi-government utilities.

17 PREBID CONFERENCE

17.1 A prebid conference will be held at MSEDCL, Rasta Peth Pune-411011, 30.07.2007 at 15.00 hrs, discussion on clarifications sought on the bid documents before the bid submission date indicated in the invitation for bid.

17.2 All the requests for clarification must asked on this prebid conference day its. MSEDCL will not entertain any request for clarifications received in writing by paper mail, facisimile, or electronic mail.

17.3 MSEDCL may, at its discretion change the date of prebid conference.

18 SUBMISSION OF BIDS

18.1 For each Proposal, the bidders should prepare in two copies. Each Technical Proposal and Financial Proposal should be marked “Original” or “COPY” as appropriate. If there are any discrepancies between the original and the copies of the Proposal, the original governs.

18.2 Proposals containing erasures or alterations are liable to be excluded from the evaluation process.

18.3 The original, the copy of the Technical Proposal shall be placed in a sealed inner envelope clearly marked “ Technical Proposal”. The original and the copy of the Financial Proposal should also be placed in a sealed envelope clearly marked “Financial Proposal” along with a warning:” Do not open with the Technical Proposal.” The bid Security shall be submitted in a separate sealed cover along with the bid.

18.4 All these three envelopes shall be placed into an outer envelope and sealed. This outer envelope shall be super-scribed with the following information.

Addressed to

Chief Engineer (Pune Zone)

Name & Address of the bidder

Invitation for bid no. CE/PZ/T/W- /2007-08

Due date and time of submission

Submission address

Whether the proposal is valid for a period of 90 days (Yes / No)

If the outer envelope is not sealed and not marked as per the requirement, the owner shall assume no responsibility for the bids misplacement or premature opening.

19 DEADLINE FOR SUBMISSION OF BID

19.1 The completed Technical and Financial Proposal along with the bid security must be delivered at the submission address on or before the time and date stated in the invitation to bid.

19.2 The bidder has option of sending the bid by registered post or submitting the bid in person so as to reach the owner at the designated address at the time and date stipulated by the MSEDCL. Bids submitted by telegram /telex shall not be considered under any circumstances. MSEDCL shall not be responsible for any postal or transit delays.

19.3 MSEDCL may at its discretion extend the deadline for the submission of the bids by amending the bidding documents, in which case all rights and obligations of the owner and the bidders previously subject to deadline thereafter are subject to the deadline as extended.

20 LATE BIDS

Any proposal received after the closing time for submission of proposal shall be returned unopened.