Request for Proposal (RFP) for
इंडिया इंफ्रास्ट्र क्चर फाइनेंस कं पनी डिडिटेि
India Infrastructure Finance Company Limited (IIFCL)
प्रस्ताव के डिए अनुरोध (आरएफपी)
100 एिबीपीएस इंटरनेट िीज्ड िाइन कनेक्शन का प्रबंधन डकया आईपीवी6 और आईपीवी4 साववजडनक आईपी
Request for Proposal (RFP) for
Managed 100 Mbps RF based Internet Leased Line Connection with
10 IPv6 and 10 IPv4 Public IPs
डनडवदा संख्या: IIFCL/IT/2024/06
Tender No: IIFCL/IT/2024/06
इंडिया इंफ्रास्ट्र क्चर फाइनेंस कं पनी डिडिटेि
5वी ं िंडजि, ऑडफस ब्लॉक-2, प्लेट बी, एनबीसीसी टावर, ईस्ट् डकदवई नगर नई डदल्ली-110023
India Infrastructure Finance Company Limited 0xx Xxxxx, Xxxxxx Xxxxx-0, Xxxxx X, XXXX Xxxxx, Xxxx Xxxxxx Xxxxx Xxx Xxxxx-000000
INVITATION TO BID
Quotations are invited from firms/bidder duly filled in the formats as prescribed in Annexure- I to VII of this RFP.
The firms fulfilling the following eligibility conditions shall only apply.
1. The company (hereinafter referred to as “Bidder” in this document) is required to submit the pre- qualification documents and financial bid separately and with clearly super scribed “Managed 100 Mbps RF based Internet Leased Line Connection with 10 IPv6 and 10 IPv4 Public IPs”. The quotations shall be uploaded on GEM portal by the last date as mentioned in this RFP.
2. Pre-Qualification and Financial Bids shall be opened as per dates mentioned in this RFP. As a token of acceptance of all the terms and condition mentioned in this RFP, the Bidder is required to digitally sign all pages of this RFP and upload the same along with their bid. Tenders with unsigned documents shall be rejected. The Financial bids of only those Bidders shall be opened who fulfil all the criteria as mentioned in this RFP.
3. The Internet Service Provider (ISP)/Vendor should have a valid ‘Category A’ ISP License from Govt. of India (A copy of license is to be submitted)
NOTE: In case of any ambiguity between Hindi and English version of RFP, then English version of RFP shall prevail.
DISCLAIMER
The information contained in this Request for Proposal (RFP) document or information provided subsequently to the bidder(s) whether verbally or in documentary form, by or on behalf of India Infrastructure Finance Company Limited (IIFCL) is provided to the bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions, subject to which such information is provided.
This RFP document is not an agreement and is neither an offer nor an invitation to offer by IIFCL. This RFP is to invite proposals from applicants who are qualified to submit the bids (“Bidders”). The purpose of this RFP is to provide the Bidder(s) with information and to assist them in formulation of their proposals (“Bids”). This RFP does not claim to contain all the information, which each Bidder may require. Each Bidder should, at its own cost without any right to claim reimbursement, conduct its own investigations, analysis and should check the accuracy, reliability and completeness of the information in this RFP and wherever felt necessary obtain independent advice. IIFCL makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy as to the accuracy, reliability or completeness of this RFP.
The information contained in this RFP document is selective and is subject to update, expansion, revision and amendment. IIFCL does not undertake to provide any Bidder with access to any additional information or to update the information in this RFP document or to correct any inaccuracies if any therein, which may become apparent. IIFCL reserves the right of discretion to change, modify, add to or alter any or all of the provisions of this RFP and/ or bidding process, without assigning any reasons whatsoever. Such change will be intimated or made accessible to all Bidders or can be accessed in website of IIFCL. Any information contained in this RFP document will be superseded by any later written information on the same subject made available/ accessible to Bidder(s) by IIFCL.
Information provided by IIFCL in this RFP is on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. Further, IIFCL also does not accept liability of any nature whether from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP.
IIFCL reserves right to reject any or all the Bids received in response to this RFP at any stage without assigning any reason whatsoever and without being liable for any losses/ injury that Bidder might suffer due to such reason. The decision of IIFCL shall be final, conclusive and binding to all the Bidders/ parties directly or indirectly connected with the bidding process.
TENDER DATA
1 | Purpose of RFP | Managed 100 Mbps RF based Internet Leased Line Connection with10 IPv6 and 10 IPv4 Public IPs |
2. | Method of Selection | Financial (L1 Basis) |
3. | Tender No and Date of Issue | IIFCL/IT/2024/06 Dated: 23.09.2024 |
4. | Earnest Money Deposit (EMD) | Rs. 2,00,000.00 (Rupees Two Lac only) |
EMD is to be submitted via NEFT / Bank Transfer/ Bank Guarantee in following account and Proof of thpre same needs to be submitted along with the bid document: | ||
Account details for EMD Submission through NEFT/ RTGS | ||
Account Name: India Infrastructure Finance Company Limited Bank Name: IDBI Bank Account No. : 011102000073352 Account Type: Current IFSC: IBKL0000011 | ||
Account details for Bank Guarantee | ||
Bank Guarantee | ||
Account Name: India Infrastructure Finance Company Limited Bank Name: IDBI Bank Account No. : 011102000073352 Account Type: Current SWIFT Code/BIC: XXXXXXXX000 | ||
10% of Total Contract Price to be submitted by the successful bidder within 30 days of issuance of Purchase order/Work Order. | ||
Tender Fee | There will be no Tender Fee. However, Bidders may have to pay some charges/fees directly to the online portal for bidding process. |
5. | Last Date and Time for submission of Pre-Bid Queries | 30.09.2024 till 5:30 PM |
Date and Time for Pre-Bid Meeting | 01.10.2024 at 03:00 PM The webex link is: xxxxx://xxxxxxx.xxxxx.xxx/xxxxxxx/x.xxx?XXXXxxx0xxxx0xx 19e92afc1ef5ddf3e4174f5 Meeting number (access code): 2517 046 2924 Meeting password: 123456 | |
6. | E-Mail address for submission of Pre-Bid Queries | Pre-Bid Queries are to be submitted at GEM Portal Only. |
7. | Bid Submission Start Date | 03.10.2024 11:00AM |
8. | Last date and time for Bid/Proposal submission (on or before) | 22.10.2024 till 09:00 PM |
9. | Bid Opening Date | 23.10.2024 |
10. | Bid Validity | 180 days (one hundred and eighty days) from the last date of submission of the bid prescribed by IIFCL. |
11. | Contact for any queries | To be raised through GEM Portal |
12. | Proposal Submission Address | Through GEM portal |
13. | For tender support | Phone- 000-00000000 |
14. | Contact Person | Name & Designation | Phone | |
Xx. Xxxxxx Xxxxx Assitant Manager IT Department | 011-24662823 | |||
Xxx. Xxxxxx Xxxxx Assistant General Manager IT Department | 011-24662664 | |||
15. | Platform on which RFP has been published | |||
16. | E-Tender Related Information | This Tender will follow e-tendering process [e-bids] through GEM Portal. Following activities will be conducted online through above website: • Floating of tender / corrigendums if any • Submission of bids by the bidders • Clarifications and responses (if any raised) • Opening and evaluation of bids by IIFCL(Pre- qualification/Financial etc) • Declaration of result and award of contract. Bidders who wish to participate in online tenders will have to register with GEM portal. Bidder will create login id & password on their own in registration process. Following facilities shall be provided to registered Bidder • Support to the Bidders for participating in the bids through e-tendering website. • Call centre support/ email/ phone/ fax/ chat / mobile etc. in all possible medium. • Registration with the e-tendering website. • User manual / training kit to the Bidder. • Any no. of users of Bidder organization can take support on the e-tendering system. |
• Bidder who wish to participate in this tender need to procure Digital Signature Certificate (for Signing and Encryption) as per Information Technology Act, 2000 and Central Vigilance Commission (CVC) guidelines using that they can digitally sign their electronic bids. Bidders can procure the same from any of the Controller of Certifying Authorities (CCA) approved certifying agencies, or they may contact IIFCL at below mentioned address and they will assist them in procuring the same. Bidders who already have a valid Digital Signature Certificate need not to procure the same. In case Bidders need any clarification regarding online participation, they can contact as per details given below:- Phone- 000-00000000 • Bidders who wish to participate in e-tender need to fill data in predefined forms of RFP, Pre-Qualification, and Financial bid available in respective tender only. • Bidder should upload scanned properly signed & stamped copies of reference documents in support of their eligibility of the bid and as per the instructions given in RFP. After filling data in predefined forms, Bidders need to click on final submission link to submit their bid. The Bidders are requiring submitting Technical and Financial Bid only at GEM portal. | ||
17. | Communication from IIFCL | All the communication from IIFCL shall be done via e-mail IDs registered at GEM portal and / or via IIFCL’s website i.e xxx.xxxxx.xx |
Background and Scope of work
A. Background Introduction about IIFCL
IIFCL is a Government of India enterprise company set up in 2006 to provide long-term finance to viable infrastructure projects through the Scheme for Financing Viable Infrastructure Projects through a Special Purpose Vehicle called India Infrastructure Finance Company Ltd (IIFCL), broadly referred to as SIFTI. IIFCL is engaged in providing long term financial assistance to commercially viable infrastructure projects with overriding priority to Public Private Partnership (PPP) projects. The sectors eligible for financial assistance from IIFCL are as per the harmonized list of Infrastructure sub-sectors as approved by the Government and Reserve Bank of India (RBI) and as amended from time to time. These broadly include transportation, energy, water, sanitation, communication, social and commercial infrastructure. IIFCL has been registered as a NBFC-ND-SI-IFC with RBI since September 2013. IIFCL has been offering its financial support to the infrastructure sector through various products.
B. Description of Services and Scope of Work
Introduction and Scope of Work:
IIFCL invites tenders from bidders having relevant experience for Subscription of Internet leased line connectivity of 100 Mbps symmetric bandwidth without any compression factor (Full Duplex, dedicated (1:1), unshared and uncompressed) with last mile connectivity on RF base for a period of five (5) years. The scope of work is divided in following 3 areas:
1. Installation and Commissioning
• Bidder has to undertake complete installation without any additional cost to IIFCL. IIFCL shall however, extend necessary support related to permissions etc. wherever required. Xxxxxx has to himself co-ordinate and manage with the NBCC management related to approvals etc.
• All installation and commissioning should be completed within 4 weeks from the issuance of work order.
• Bidder to provide internet router port at ISP Gateway for required Bandwidth and minimum subnet of 10(ten) Public IPV4 addresses and 10(ten) IPV6 addresses including Reverse Lookups configured at these IP’s.
• The lease line should be installed, delivered & commissioned in all respects (laying of underground F.O., installation of MUX & configuration thereof) within 4 weeks from the receipt of work order. The Leased line shall termiate in IIFCL’s premises from respective MUX.
• This includes setting up of last mile connectivity using OFC technology, supply & installation of necessary equipment, deploying of cable up-to Ethernet Port with IIFCL’s existing Local Area Network.
• No additional fibre laying / installation / commissioning charges etc. shall be paid by IIFCL.
• Type of connectivity: Dedicated wireless RF Internet Leased Line Uncompressed and unshared. Last mile delivery on wireless system (Radio Frequency). Leased line to provide the bandwidth of 100 Mbps.
• Site Address: XXXXX, Xxxxx X & X, 0xx Xxxxx, Xxxxx 0, XXXX Xxxxxxx, Xxxx Xxxxxx Xxxxx, Xxx Xxxxx - 000000
• The bidders can visit IIFCL, Delhi office to familiarize themselves with all the requirements and scope of the tender before submitting their offer. No claim due to lack of knowledge shall be entertained at a later stage.
• In case IIFCL opens a new branch/office in Delhi, This contract may be extended for leased line services (RF based) in that location with same terms and conditions and commercials.
Management, Monitoring & Support
• There should be provision (portal etc.) to monitor the link 24x7x365. IIFCL should be able to raise ticket through phone / e-mail / portal etc. 24x7x365 and bidder should be able to arrange for support including on-site support if required.
• With respect to equipment installed, the bidder should provide diagnostic support service so as to register the complaints with the respective OEM’s/ service provider and follow up till the problem is rectified and close the call.
• In case any fault cannot be rectified within stipulated time, then the replacement shall be immediately provided by the bidder without any additional cost.
Service Level Agreement (SLA)
• Network Availability (uptime) should be more than 99.50 %.
• Downtime shall be calculated as (Total Time – Uptime) X 100/Total Time measured quarterly. Deduction in payment shall be made for downtime in the quarterly bills raised.
• Packet Losses should be less than 1 % (Average over 1000 ping).
• Planned downtimes with prior approvals from IIFCL shall not be considered in the calculation.
• If the Network availability falls below the specified 99.50%, Penalty as detailed below shall be calculated on the quarterly basis. Downtime penalty shall be deducted from the quarterly payment raised by the Service Provider.
X.Xx. | Uptime calculated on quarterly basis (%) | Penalty(%) applicable on invoice raised quarterly |
1. | > = 99.5% | 0 |
2. | > =99.0 to < 99.5 | 10 |
3. | >= 98.5 to < 99 | 20 |
4. | > =98 to < 98.5 | 30 |
5. | > =95 to < 98 | 70 |
6. | < 95% | 100 |
• IIFCL, at its sole discretion may terminate the contract before completion of contract period with prior intimation of a period of 90 days to the successful bidder.
C. BIDDING PROCESS
The bid is to be submitted online on GEM portal. All supporting document shall be verified as a part of pre-qualification process post which the final selection would be purely on the basis of L1.
Step 1: Pre-Qualification Criteria
Bidder must read carefully pre-qualification criteria as mentioned in Annexure –I, and to ensure to fulfil all the conditions and / or criteria in all respects as mentioned in Annexure – I to evaluate the bid further. In absence of the same, bid shall be rejected.
Step 2: Financial Bid Evaluation
Post evaluation of the bids based on Pre-Qualification criteria, financial bids for only the qualifying bidders will be considered for further evaluation.
• Financial Bids are to be submitted in the format as mentioned in Annexure IV.
• Taxes shall be paid as per actuals.
• Total Contract Price would be derived from Total Price column (XX) mentioned in Annexure IV.
Step 3: Result
• Winning bid shall be selected on L1 basis i.e. the bidder who quotes the lowest bid amount among the qualified bidders.
• In case the L1 bidder withdraws his bid post issuance of work order, IIFCL reserves the right to forfeit the EMD of L1 bidder and shall cancel this tendering process.
D. Other necessary information:
BID PRICES
The Bidder shall indicate the prices in the pro-forma prescribed in the Table A and Table B in Annexure IV of the financial bid. Price quoted by the Bidder must be inclusive of all the taxes and final and shall not be subject to any escalation whatsoever during the period of the contract. Any downward revision of the prices of any services, during the period of contract shall be passed on to IIFCL on pro-rata basis. Price should be inclusive of all the taxes, i.e. GST, etc. on the work tendered for IIFCL and IIFCL will not be making any other payment.
It shall be the responsibility of each bidder to fully inform / acquaint / familiarize itself with local conditions and factors, which may have any effect on the execution of services to be rendered under the contract. All bidder(s) intending to bid shall visit and make themselves thoroughly acquainted with the local site conditions. IIFCL shall presume that the bidder has understood and agreed that all the relevant factors have been kept in view while submitting the bid. No financial adjustment arising thereof shall be permitted by IIFCL, on the basis of any non-clarity of information about local conditions being pleaded by the bidder. Further, no claim for any financial adjustment shall be entertained by IIFCL under any circumstances as part of the contract awarded on this RFP.
The total contract price (total price inclusive of all taxes) will be considered for evaluating the financial bid. The price quoted should also include all rights (if any) of patent, registered design or trademark and intellectual proprietary rights and the Bidder shall indemnify IIFCL against all claims in respect of the same. Bidders are advised to go through payment terms as mentioned in the contract.
VALIDITY OF BIDS
Bid shall remain valid for 180 (one hundred and eighty) days from last date of submission of bid prescribed by IIFCL. A bid valid for shorter period is liable to be rejected by IIFCL. However, IIFCL reserver the right to extend the bid validity for further 90 days.
MODIFICATION AND WITHDRAWAL
Bids once submitted will be treated, as final and no further correspondence will be entertained in this regard. No bid will be modified after the deadline for submission of bids, however, clarification may be sought from the bidder.
REVELATION OF PRICES
The price in any form or by any reasons should not be disclosed in any other part of the bid except in the financial bid. Failure to do so will make the bid liable to be rejected.
PRELIMINARY EXAMINATION
The bids will be examined by IIFCL to determine whether they are complete, contain any computational errors, whether required bid EMD has been furnished, etc. and whether the bids are generally in order. If a bid doesn’t fall under the eligibility criteria as mentioned in this RFP and not submitted in the format as prescribed in RFP, shall be rejected.
CONTACTING IIFCL OR PUTTING OUTSIDE INFLUENCE
Bidders are forbidden to contact IIFCL or its officials on any matter relating to this bid from the time of submission of financial bid to the time the contract is awarded. Any effort on the part of the bidder to influence bid evaluation process, or contract award decision may result in the rejection of the bid.
AWARD OF CONTRACT
IIFCL reserves the right to accept or reject all bids and annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for its action. If the succesfull Bidder backs out for signing the conract or provide non-acceptance of letter of intent/work order within the stipulated time, IIFCL reserves the right to forfeit the EMD of L1 bidder and shall cancel this tendering process.
COST OF BID:
The Bidder will bear all cost associated with the preparation and submission of bid, including cost of presentation for the purposes of clarification of the bid. IIFCL will not be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
TENDER FEE
There will be no Tender Fee. However, Bidders may have to pay some charges/fees directly to the online portal for bidding process.
EARNEST MONEY DEPOSIT
Earnest Money Deposit (EMD) of Rs. 2,00,000 (Rs. Two Lac only) is required to be submitted for the tender, and should be in the form of online payment as per the details given in this RFP.The EMD shall be payable to India Infrastructure Finance Company Limited (IIFCL) without any condition(s), resource or reservations.
i) The bid will be rejected by IIFCL in case EMD is not received by the due date.
ii) The EMD of Bidders other than successful bidders will be returned within 30 (thirty) days from the date of signing of the contract. Bidder shall provide bank details including account number, IFSC code, in which EMD shall be returned, in any, on the letter head of the bidder along with bid documents.
iii) The EMD of the successful Bidder will be returned after the submission of performance bank guarantee and signing of contract.
iv) No interest shall be paid by IIFCL on the EMD.
v) EMD is exempted for MSME bidders.
vi) The EMD may be forfeited:
a) If a Bidder withdraws the bid after bid opening during the period of validity;
b) Upon non-acceptance of letter of intent/work order issued by IIFCL.
c) In the case of successful Bidder, if the Bidder fails to sign the contract within the 30 (thirty) days from the date of issue of letter of intent/ work order or fails to commence the work within the stipulated time period prescribed in the contract or back out after the contract is awarded.
CANCELLATION OF BID/ BIDDING PROCESS:
IIFCL reserves the right to accept or reject all bids and / or annul the bidding process and / or reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected Bidder or Bidders of the ground for its action.
CONTRACT PERIOD
The period of agreement of lease line contract will be initially for five (5) years from the date of signing the contract. The contract is extendable further by one year at a time up to a maximum of two
(2) years on the same terms and conditions subject to satisfactory services at the sole discretion of IIFCL. In any case, total period of contract will not exceed seven (7) years i.e. initial five(5) years plus two extensions of one (1) year each.
SIGNING OF CONTRACT
The successful Bidder shall be required to enter into a contract with IIFCL, within 30 (thirty) days of the issuance of work order or within such extended period as may be specified by IIFCL on the basis of the RFP, the tender of the successful Bidder, the letter of acceptance and such other terms and conditions as may be determined by the Bidder to be necessary for the due performance of the work in accordance with the Bid and the acceptance thereof. All the related costs pertaining to signing the contract have to be borne by the Bidder.
PAYMENT OF SERVICES
Payment is to be raised on quarterly basis and shall be released by IIFCL within 45 days of receipt of invoice / clarification (if required), whichever is later. The invoice is to be backed by quarterly uptime report, which needs to be submitted for the billed quarter.
PERFORMANCE BANK GUARANTEE
The bidder will submit a performance bank guarantee of 10% of the Contract Price within 30 days of issuance of purchase order/ work order. The Performance Bank Guarantee will be valid up to 66 months from the date of signing of the Contract.
RISK PURCHASE CLAUSE
If the bidder after receipt of letter of commencement fails to abide by the terms and conditions of RFP, or fails to execute the work as per the tender or at any time repudiates the work order, IIFCL will have the right to invoke the performance bank guarantee and execute the contract from other firms at the risk and cost of the Bidder. The cost difference between the alternative arrangements and Xxxxxx’x contract price will be recovered from the bidder along with other incidental charges. In case of execution of work through alternative sources and if price is lower, no benefit on this account will be passed to the Bidder.
CONTRACT
Upon receipt of the Work Order by the Bidder, he shall enter into the contract as per the format provided in Annexure - VIII of the RFP at the earliest without any delay and complete all the formalities and submit same at IIFCL duly executed on stamp paper for value of Rs.200/- (Rupees Two Hundred only) within 30 days from the date of receipt of Work Order.True copy of the contract will be returned to the bidder after the signature of the authorized signatory of IIFCL and original copy will be retained by IIFCL . Cost of the agreement should be borne by the successful bidder. The successful bidder shall enter into an agreement / a Contract covering the entire scope of services with IIFCL. Sub-Contracting is prohibited.
FORCE MAJEURE
a) The Bidder shall not be liable for forfeiture of its earnest money / performance bank guarantee, liquidated damages, or termination for default, if and to the extent that it’s delay in performance or other failure to perform its obligations under the contract is the result of an event of Force Majeure.
b) For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Bidder that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Bidder. Such events may include, but not be limited to, acts of IIFCLin its sovereign capacity, wars or revolutions, fires, floods, epidemics, and freight embargoes.
OTHER TERMS AND CONDITIONS
a) The bidder shall indemnify IIFCL and shall always keep indemnified and hold IIFCL, its employees, personal, officers, directors harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys’ fees) relating to, resulting directly or indirectly from or in any way arising out of any claim, suit or proceeding broght against IIFCL as a result of:
• IIFCL’s authorized / bonafide use of the deliverables and / or the services provided by the bidder under this RFP; and / or
• An act or omission of the bidder and / or its employees, in performance of the obligations under this RFP; and / or
• Claims made by employees who are deployed by the bidder, against IIFCL; and / or Claims arising out of employment, non-payment of renumeration and non-provision of statutory benefits by the bidder to its employees.
• Breach of any of the terms of this RFP or breach of any representation or false representation or inaccurate statement or assurance or convenant or warranty of the bidder under this RFP; and / or
• Any or all deliverables or services infringing any patent contained in this RFP. And / or
• Breach of confidentiality obligations of the bidder contained in this RFP. And / or
• Negligence or gross misconduct attributable to the bidder or its employees.
• The service provider “M/s World Phone Internet Services Private Limited“ shall not be eligible to participate in this RFP as this Service Provider has already been awarded with the Fiber based Internet Leased Line Tender .
ANNEXURE-I
Pre-Qualification Criteria
S. No | Criteria | Documents Required |
1 | Should be a registered company in India | Documentary Evidence |
2 | Bidder shall have a minimum one office in Delhi/NCR. A certified letter on bidder’s letterhead along with Documentary Proof certifying the facts. | A certified letter on Xxxxxx’x letterhead signed by authorized signatory along with documentary proof certifying presence of office in Delhi / NCR. |
3 | Bidder should not have been blacklisted in any public sector undertaking or Govt. organization in last three years. A self-certified letter on bidder’s letterhead should be submitted. | Self-declaration on Xxxxxx’x letter head confirming the Bidder has not been blacklisted / debarred as per criteria mentioned in Annexure I. |
4 | Experience of at least 2 years in executing similar kind of work minimum 2 PSU /Govt./Public/Private Oganization work order in last 5 years. | Client contract award letters / Work Completion Certificate. |
5 | The bidder should have registration under GST& should have valid GSTIN number | Documentary Evidence |
6 | The bidder must have on call engineer for attending any urgent issue at customer Premise. A self-certified letter on bidder’s letterhead should be submitted. | Documentary Evidence |
7 | If Bidder is a MSME registered with Govt. of India, then bidder should provide the documentary evidennce | MSME certificate if applicable |
8 | Bidder should be either Original Equipment Manufacturer or should be Authorized Dealer/Channel partner having Category A’ ISP License. | Documentary Evidence (Authorization letter and copy of Category A ISP License) |
Other Documents required (Not limited to): | ||
9 | Bidder’s Information: | • PAN/TAN/TIN/GST details. • Contact & address details of bidder. • Authorized signatory details along with authorization letter. |
10 | CA Certificate | Signed Certificate from a practicing Chartered Accountant in India mentioning positive net worth/profitable as on March 31, 2024 |
11 | A letter on Xxxxxx’x letterhead mentioning following: - i. Details of EMD submitted, technical competence and experience of the Bidder ii. Certifying that the period of the validity of the bids is 180 (One Hundred and Eighty) days from the last date of submission of bid, and iii. Asserting that the Bidder is quoting for all the requirements as mentioned in the tender. iv. Declaring that there are no deviations and all the terms and conditions as mentioned in this tender document are accepted. | Documentary Evidence |
12 | Annexure II | Bidder ’s Information |
Annexure III | Service Support Details | |
Annexure IV | 'Financial BID' Proforma | |
Xxxxxxxx X | Letter of declaration | |
Annexure VI : Signed copy of the Integrity Pact given in Xxxxxxxx XX (signed by IIFCL) on stamp paper of Rs. 500 (Rupees Five Hundred). | Integrity Pact | |
Annexure VII | Non Disclosure Agreement |
• *Note: All the documents are to be duly signed and stamped and should be submitted in properly indexed and sequential manner as stated above.
ANNEXURE-II
Bidder ’s Information*
X.Xx. | Specification | Remarks | ||
1. | Name of Bidder | |||
2. | Year of Establishment | |||
4. | Registration No. and Date of Registration (Registration Certificate to be enclosed ) | |||
5. | Address of Registered Office with contact | |||
6. | GST No. | |||
7. | PAN No. | |||
8. | Contact Details of Bidder’s authorized representative: | |||
Name | ||||
Designation | ||||
Mobile No. | ||||
Fax No. | ||||
Mail Id |
*IIFCL reserves the right to visit bidder’s premises during the evaluation process.
ANNEXURE-III SERVICE SUPPORT DETAILS
S. No. | Location | Address | Telephone/ Fax No | Status of Office working days & hours |
*Escalation matrix upto Country Head/ CEO of company.
ANNEXURE IV
'Financial BID' PROFORMA
The bidder have to submit Price detail in following format:
Table A:
S. N | Item Description | Total Price for 5 Years (In Rs) (*Inclusive of Taxes) |
1 | 100 Mbps RF based Leased Line Connection with 10 IPv4 and 10 IPv6 Public IPs |
*Taxes:
Note:
1. IIFCL reserves the right to procure additional bandwidth in the block size of 20 Mbps as and when required for which the price will be derived from the Total price quoted above.
2. L1 will be derived on the Total Price of 5 Years for 100 Mbps RF based Leased Line Connection with 10 IPv4 and 10 IPv6 Public IPs.
3. Please mention and elaborate the applicable Taxes above.
4. The contract price will be inclusive of all the applicable rates of taxes, duties and levies during entire contract period including the extended period. In case of any increase in applicable rates of taxes, duties and levies; IIFCL shall pay the increased rate. In case of any decrease in applicable rates of taxes, duties and levies; IIFCL shall get the benefit of the decreased rate.
5. BG equivalent to 10% of the Total Price of 5 Years needs to be submitted.
6. Payments shall be done quarterly in advance on receipt of invoice for which the price will be derived from the Total price quoted in the above table.
ANNEXURE V
LETTER OF DECLARATION (ON XXXXXX’X LETTERHEAD)
Head of Department
I.T Department
India Infrastructure Finance Company Limited, 0xx Xxxxx, Xxxxxx Xxxxx-0, Xxxxx X, XXXX Xxxxx, Xxxx Xxxxxx Xxxxx Xxx Xxxxx-000000
Sir,
Reg.: Our bid for “Managed 100 Mbps RF based Internet Leased Line Connection with 10 IPv6 and 10 IPv4 Public IPs”
We submit our Bid Document herewith.
We understand that
a) You are not bound to accept any bid received by you, and you may reject all or any bid at any time.
b) If our bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by IIFCL to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with our written acceptance thereof shall constitute a binding contract between us.
c) If our bid is accepted, we are to be jointly and severally responsible for the due performance of the contract.
Dated at this day of 20XX.
Yours faithfully
For
Seal & Signature:
Name
ANNEXURE VII
CONFIDENTIALITY - CUM - NON DISCLOSURE AGREEMENT
This Confidentiality –cum - Non Disclosure Agreement is entered into at New Delhi on this
______________ day of, ………………. 20XX, between INDIA INFRASTRUCTURE FINANCE COMPANY LIMITED, having its Registered Office at (hereinafter called the “Employer”) and …………… Ltd. having its Registered Office at
……………………………………………………………………………. (herein after called the “Bidder”).
The employer is a Company registered under Companies Act, 1956.
The bidder inter-alia, engaged in the business of And whereas the
Employer has selected the Bidder through the bidding process for
…………………………………………………… as defined in this Contract (hereinafter called the “Services”);
The bidder and the client would be having discussions and meetings during execution of the assignment of …………………………………………….. as per Contract dated_______________, 20XX (hereinafter referred to as `Contract'). In the course of such discussions and execution of the said assignment, it is anticipated that either party may disclose or deliver to the other party certain of its trade secrets or confidential or proprietary information for the purpose of enabling the other party to evaluate the feasibility of such a business relationship. The parties have entered into this Agreement, in order to assure the confidentiality of such trade secrets and confidential and proprietary information in accordance with the terms of this Agreement. As used in this Agreement, the party disclosing Proprietary Information (as defined below) is referred to as the `Disclosing Party' and will include its affiliates and subsidiaries, the party receiving such Proprietary Information is referred to as the, `Recipient', and will include its affiliates and subsidiaries.
Now this Agreement witnessed: -
1. Proprietary Information: As used in this Agreement, the term `Proprietary Information' shall mean all trade secrets or confidential or Proprietary Information designated as such in writing by the Disclosing Party, whether by letter or by the use of an appropriate prominently placed Proprietary stamp or legend, prior to or at the time such trade secret or confidential or Proprietary Information is disclosed by the Disclosing Party to the Recipient. Notwithstanding the forgoing, information which is orally or visually disclosed to the recipient by the Disclosing Party or is disclosed in writing unaccompanied by a covering letter, proprietary stamp or legend, shall constitute proprietary information if the disclosing party, within 10 (ten) days after such disclosure, delivers to the Recipient a written document or documents describing such Proprietary Information and referencing the place and date of such oral, visual or written disclosure and the names of the employees or officers of the Recipient to whom such disclosure was made.
2. Confidentiality:
a) Each party shall keep secret and treat in strictest confidence all confidential information it has received about the other party or its customers and will not use the confidential information otherwise than for the purpose of performing its obligations under this Agreement in accordance .with its terms and so far as may be required for the proper exercise of the Parties' respective rights under this Agreement.
b) The term `confidential information' shall include all written or oral` information (including information received from third parties that the `Disclosing Party' is obligated to treat as confidential) that is (i) clearly identified in writing at the time of disclosure as confidential and in case of oral or visual disclosure, or (ii) that a xxxxxxxxxx xxxxxx at the time of disclosure reasonably would assume, under the circumstances, to be confidential. Confidential information shall also include, without limitation, software programs, technical data, methodologies, know-how, processes, designs, new products, developmental work, marketing requirements, marketing plans, customer names, prospective customer names, customer information and business information of the `Disclosing Party'.
3. Non-Disclosure of Proprietary Information: For the period during the Agreement or its renewal, the Recipient will:
(a) Use such Proprietary Information only for the purpose for which it was disclosed and without prior written authorization of the Disclosing Party shall not use or exploit such Proprietary Information for its own benefit or the benefit of others.
(b) Protect the Proprietary Information against disclosure to third parties in the same manner and with the reasonable degree of care, with which it protects its confidential information of similar importance: and
(c) Limit disclosure of Proprietary Information received under this agreement to persons within its organization and to those 3rd party contractors performing tasks that would otherwise customarily or routinely be performed by its employees, who have a need to owe such Proprietary Information in the course of performance of their duties and who are bound to protect the confidentiality of such Proprietary Information.
4. Limit on Obligations: The obligations of the Recipient specified in clause 3 above shall not apply and the Recipient shall have no further obligations, with respect to any Proprietary Information to the extent that such Proprietary Information:
a) is generally known to the public at the time of disclosure or becomes generally known without any wrongful act on the part of the Recipient,
b) is in the Recipient's possession at the time of disclosure otherwise than as a result of the Recipient's breach of a legal obligation;
c) becomes known to the Recipient through disclosure by any other source, other than the Disclosing Party, having the legal right to disclose such
Proprietary Information is independently developed by the Recipient without reference to or reliance upon the Proprietary Information; or
d) Is required to be disclosed by the Recipient to comply with applicable laws or governmental regulation, provided that the recipient provides prior written notice of such disclosure to the Disclosing Party and, takes reasonable and lawful actions to avoid and/or minimize the extent of such disclosure.
5. Return of Documents: The Recipient shall, upon the request of the Disclosing Party, in writing, return to the Disclosing Party all drawings, documents and other tangible manifestations of Proprietary Information received by the Recipient pursuant to this Agreement (and all copies and reproductions thereof) within a reasonable period. Each party agrees that in the event it is not inclined to proceed further with the engagement, business discussions and negotiations, or in the event of termination of this Agreement, the Recipient party wi11 promptly return to the other party or with the consent of the other party, destroy the Proprietary Information of the other party.
6. Communications: Written communications requesting or transferring Proprietary Information under this Agreement shall be addressed only' to the respective designees as follows (or to such designees as the parties hereto may from time to time designate in writing)
7. Term: The obligation pursuant to Clause 2 and 3 (Confidentiality and Non-Disclosure of
Proprietary Information) will survive for years following the Agreement dated
.Nothing herein contained shall be construed as a grant by implication, estoppel, or otherwise or a license by either party to the other to make, have made, use or sell any product using Proprietary Information or as a license under any patent, patent application, utility model, copyright or any other industrial or intellectual property right covering same.
8. Damages: The provisions of this Agreement are necessary for the protection of the business goodwill of the parties and are considered by the parties to be reasonable for such purposes. Both the parties agree that any breach of this Agreement will cause substantial and irreparable damages to the other party and, therefore, in the event of such breach, in addition to other remedies, which may be available, the party violating the terms of Agreement shall be liable for the entire loss and damages on account of such disclosure. Each party agrees to indemnify the other against loss suffered due to breach of contract and undertakes to make good the financial loss caused directly or indirectly by claims brought about by its customers or by third parties.
9. Miscellaneous
a) This Agreement may not be modified, changed or discharged, in whole or in part, except by a further Agreement in writing signed by both the parties.
b) This Agreement will be binding upon and ensure to the benefit of the parties hereto and it also includes their respective successors and assigns
c) The Agreement shall be construed and interpreted in accordance with the laws prevailing in India.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
For and on behalf of India Infrastructure Finance Company Limited
Witness:
Name:
Address:
For and on behalf of Bidder
Witness:
Name:
Address:
ANNEXURE VIII
CONTRACT
This CONTRACT (hereinafter called the “Contract”) is made on Day of 2024, at New Delhi Between,
India Infrastructure Finance Company Limited is a wholly Government owned Company, having is registered office at 0xx Xxxxx, Xxxxx-0, Xxxxx X, XXXX Xxxxx, Xxxx Xxxxxx Xxxxx, Xxxxx-000000 (hereinafter called the “the Employer” which expression shall unless repugnant to the meaning or context hereof, be deemed to include its successors and permitted assigns), of the first part;
having is registered office
(hereinafter called “Successful Bidder” which expression shall unless repugnant to the meaning or context hereof, be deemed to include its successors and permitted assigns) of the second part.
The Employer and the Bidder shall hereinafter individually be referred to as “Party” and collectively referred to as “Parties”
WHEREAS
a) The Employer is a registered company setup by Government of India, in furtherance of its plan; the employer requires lease line services.
b) The Bidder , is engaged in
.
c) The Employer has appointed the bidder for lease line services as defined in this Contract (hereinafter called the “Services”);
d) The bidder, having represented to the Employer that it has the required professional skills, and personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE, for services and valuable consideration of above, the receipt and sufficiency of which is acknowledged by both the parties and on the terms and conditions as hereinafter set forth, the parties agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
A. The General Conditions of Contract
B. The Special Conditions of Contract
C. This tender document (RFP).
D. Annexures:
Annexure I: Pre-Qualification Criteria Annexure II: Bidders Information Annexure III: Service Support Details Annexure IV: Financial Bid Performa Annexure V: Letter of Declaration Annexure VI: Integrity Pact
Annexure VII: Confidentiality - Cum - Non Disclosure Agreement
The mutual rights and obligations of the employer and the bidder shall be as set forth in the Contract, in particular:
(a) Bidder shall carry out the Services in accordance with the provisions of the Contract; and
(b) The Employer shall make payments to the bidder in accordance with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
For and on behalf of India Infrastructure Finance Company Limited Designation
Witness:
Name:
Address
For and on behalf of Designation
Witness:
Name:
Address:
A: THE GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1Definitions | Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: (a) “Applicable Law” means the laws and any other instruments having in the force of law in India. (b) “Bidder” means any company registered under Companies Act to provide the Services to the Employer under the Contract. (c) “Contract” means the Contract signed by the Parties and all the attached documents listed in the General Conditions (GC), the Special Conditions (SC), and the Annexures. (d) “Contract Price” means the price to be paid for the performance of the Services; (e) “Effective Date” means the date on which this Contract comes into force. (f) “GC” mean the General Conditions of Contract. (g) “Government” means the Government of India. (h) “Local Currency” means the currency of India. (i) “Party” means the employer or the bidder, as the case may be, and “Parties” means both of them. (j) “Personnel” means persons employed by the bidder or by any third party and assigned to the performance of the Services or any part thereof. (k) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented. (l) “Services” means the work to be performed by the bidder pursuant to this Contract, as described in this RFP. (m) “Third Party” means any person / entity to whom/which the bidder subcontracts any part of the Services. (n) “In writing” means communicated in written form with proof of receipt. |
1.2 Law Governing Contract | This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law. |
1.3 Language | This Contract has been executed in the language specified in the Special Conditions of Contract, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. |
1.4 Notices | |
1.4.1 | Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the Special Conditions of Contract. |
1.4.2 | A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the Special Conditions of Contract. |
1.5 Location | The Services shall be performed at New Delhi. A hereto and where the location of a particular task is not so specified, at such locations, whether in the Employers country or elsewhere, as they may approve. |
1.6 Authority of Member in Charge | In case the bidder consists of a joint venture/ consortium/ association of more than one entity, the Members hereby authorize the entity specified in the Special Conditions of Contract to act on their behalf in exercising all the bidder’s rights and obligations towards the Employer under this Contract, including without limitation the receiving of instructions and payments from the Employer. |
1.7 Authorized Representa- tives 1.8 Taxes and Duties | Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Employer or the bidder may be taken or executed by the officials specified in the Special Conditions of Contract. The Bidder, and their Personnel shall pay such indirect taxes, duties, fees, and other impositions levied under the Applicable Law as specified in the Special Conditions of Contract, the amount of which is deemed to have been included in the Contract Price. |
1.9 Instruction to bidders | a) The bidders are expected to carry out their own surveys, investigations and other detailed examination of the project before submitting their bids. b) The bidders are advised in their own interest to submit their bid documents well in advance from last date / time of submission of bids so as to avoid problems which the bidders may face in submission at last moment / during rush hours. c) The bidders are required to quote strictly as per terms and conditions, specifications standards given in the online tender document and not to stipulate any deviations. |
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract | This Contract shall come into effect on the date the Contract is signed by both Parties and such other later date as may be stated in the Special Conditions of Contract. The date the Contract comes into effect is defined as the Effective Date. |
2.2 Commencement of Services | The bidder shall begin carrying out the Services not later than 7 working days after the Effective Date specified in the Special Conditions of Contract. |
2.3 Expiration of Contract | Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the Special Conditions of Contract. |
2.5 Force Majeure 2.5.1 Definition | For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances. |
2.5.2 No Breach of Contract | The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event. |
2.5.3 Extension of Time | Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. |
2.5.4 Payments | During the period of their inability to perform the Services as a result of an event of Force Majeure, the bidder shall be entitled to continue to be paid under the terms of this Contract, as well. |
2.6.1 By the Employer | The Employer may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause General Conditions 2.6.1. In such an occurrence the Employer shall give a not less than thirty (30) days’ written notice of termination to the Bidder, and sixty (60) days’ in the case of the event referred to in (e). (a) If the bidder does not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Employer may have subsequently approved in writing. (b) If the bidder becomes insolvent or bankrupt. (c) If the Bidder, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. (d) If, as the result of Force Majeure, the bidder are unable to perform a material portion of the Services for a period of not less than sixty (60) days. (e) If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. (f) If the bidder fails to comply with any final decision reached as a result of arbitration proceedings. |
2.6.2 By the Bidder | The bidder may terminate this Contract, by not less than thirty (30) days’ written notice to the Employer, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (c) of this Clause GC 2.6.2: (a) If the Employer fails to pay any money due to the bidder pursuant to this Contract and not subject to dispute pursuant to Clause General Conditions 7 hereof within forty-five (45) days after receiving written notice from the bidder that such payment is overdue. |
(b) If, as the result of Force Majeure, the bidder is unable to perform a material portion of the Services for a period of not less than sixty (60) days. (c) If the Employer fails to comply with any final decision reached as a result of arbitration. | |
2.6.3 Risk Purchase clause | If the bidder after receipt of letter of commencement fails to abide by the terms and conditions of RFP, or fails to execute the work as per the tender or at any time repudiates the work order, the Employer will have the right to invoke the performance bank guarantee and execute the contract from other firms at the risk and cost of the Bidder. The cost difference between the alternative arrangements and Xxxxxx’x contract price will be recovered from the bidder along with other incidental charges. In case of execution of work through alternative sources and if price is lower, no benefit on this account will be passed to the Bidder. |
3. Obligations of the BIDDER
3.1 General | |
3.1.1 Standard of Performance | The bidder shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and effective maintenance of website. The bidder shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Employer, and shall at all times support and safeguard the Employer’s legitimate interests. |
3.2 Conflict of Interests | The bidder shall hold the Employer’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests. |
3.3 Confidentiality | Except with the prior written consent of the Employer, the bidder and the Personnel shall neither at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the bidder and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services. The bidder shall sign a ‘Non-Disclosure Agreement, as per Annexure V, with the Employer prior to commencement of the contract. |
3.4 Reporting Obligations | The bidder shall submit to the Employer the reports and documents specified in Service level Agreement. |
4. Payments to the Bidder
4.1 Lump-Sum Payment | The total payment due to the bidder shall not exceed the Contract Price which is an all-inclusive fixed lump-sum covering all costs required to carry out the Services described in Appendix A. |
4.2 Contract Price | (a) The price payable in local currency is set forth in the SC. |
4.4 Terms and Conditions of Payment | Payments will be made to the account of the bidder and according to the payment schedule stated in the SC. Unless otherwise stated in the SC, the first payment shall be made against the provision by the bidder of an advance payment guarantee for the same amount, and shall be valid for the period stated in the SC. Such guarantee shall be in the form set forth in Appendix E hereto, or in such other form, as the Client shall have approved in writing. Any other payment shall be made after the conditions listed in the SC for such payment have been met, and the bidder has submitted an invoice to the Client specifying the amount due. |
4.5 Performance Bank Guarantee | The bidder will submit a Performance Bank guarantee of 10% of the Contract Price within 30 working days of issuance of Purcahse order / Work order of the Contract. The Performance Bank Guarantee shall be valid up to 66 months from the date of signing of the Contract. |
4.6 Penalty 4.7 Liability of Bidder | 1. In the event of bidder failing to deliver within call- resolution-period as mentioned in the Penalty Section in SC 4.6. 2. The amount of penalty shall be adjusted while releasing the payment amount for the subsequent milestone. The maximum liability of the bidder shall be, regardless of the form of claim, the consideration actually received by the bidder for the assignment/Services provided to the Client, to which the claim relates. |
5. Settlement Of Disputes
5.1 Amicable Settlement | The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation. |
5.2 Dispute Resolution | Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC. |
5.3 Arbitration | It will be IIFCL's endeavor to resolve amicably any disputes or differences that may arise between IIFCL and the successful bidder from misconstruing the meaning and operation of the RFP and the breach that may result. In case of dispute or difference arising between IIFCL and the successful bidder relating to any matter arising out of or connected with this agreement, such disputes or differences shall be settled in accordance with the Arbitration and Conciliation Act, 1996, as amended. The Arbitrators shall be chosen by mutual discussion between IIFCL and the selected bidder or in case of disagreement each party may appoint an arbitrator and such arbitrators may appoint a presiding arbitrator before entering on the reference. The decision of the arbitral tribunal shall be final. The successful bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by IIFCL or unless the matter is such that the work cannot possibly be continued until the decision of the Arbitrator, as the case may be, is obtained. Arbitration proceedings shall be held at New Delhi, India. The language of the arbitration proceedings and that of all documents and communications between the parties shall be English and Indian Law shall be applicable. |
B: SPECIAL CONDITIONS OF CONTRACT
Number of GC Clause | Amendments of, and Supplements to, Clauses in the General Conditions of Contract |
1.1 | INDIA |
1.2 | ENGLISH |
1.3 | The addresses are: Employer : India Infrastructure Finance Company Limited Location : 0xx Xxxxx, Xxxxxx Xxxxx-0, Xxxxx X, XXXX Xxxxx, Xxxx Xxxxxx Xxxxx, Xxxxx- 000000 |
1.4 | The Authorized Representatives are: For the EMPLOYER: Xxx. Xxxxxx Xxxxx xxxxxx@xxxxx.xx For the Bidder: |
2.1 | The Effective Date of contract is: The Date of Signing of the Contract |
2.2 | The date for the commencement of Services is : |
2.3 | The contract would expire after completion of 5 years from commencement of Services |
3 | The risks and the coverage shall be as follows: a) employer’s liability and workers’ compensation insurance in respect of the Personnel of the Bidder, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and Professional liability insurance, with a minimum coverage equivalent to total Contract Price. |
4 | PAYMENT TERMS: Payment is to be raised on quarterly basis and it shall be released by IIFCL within 45 days of receipt of invoice / clarification (if required), whichever is later. The invoice is to be backed by quarterly uptime report, which needs to be submitted for the billed quarter. |
4.1 | Penalty 1) IIFCL will have the right to withhold payment or terminate the Contract at any time if the service of bidder is not found satisfactory. The decision of the competent authority in this regard will be final and binding. 2) Penalty shall be applicable on the basis of terms and conditions mentioned in Service Level Agreement(SLA) as mentioned in this document. |
5 | All Disputes shall be settled by arbitration in accordance with the following provisions: Dispute Settlement Disputes shall be settled by arbitration in accordance with the provisions of: The Arbitration and Conciliation Act 1996 Miscellaneous In any arbitration proceeding hereunder: 1. Proceedings shall, unless otherwise agreed by the Parties, be held in New Delhi. 2. The English language shall be the official language for all purposes; The decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement. |
***Kindly contact xxxxxxxxxx@xxxxx.xx if bilingual tender document is required.***