TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED. ENQUIRY No. 483/

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1 TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED ENQUIRY No. 483/ TENDER SPECIFICATION FOR THE PROVISION AND MAINTENANCE OF AGGREGATED BANDWIDTH OF 16 MB AT REGIONAL DATA CENTRE OF CHENNAI SOUTH REGION AND ALTERNATE NETWORK CONNECTIVITY (AS BACK-UP) UNDER VPN OVER BROADBAND OR VPN OVER WI-MAX WITH 256KBPS SPEED (133 Nos) & 512 KBPS SPEED (55 Nos) UNDER MPLS-VPN TECHNOLOGY BETWEEN CHENNAI SOUTH DATA CENTRE AND 188 LOCATIONS IN THE PHASE-I & PHASE-II AREAS OF PROJECT BEST SCHEME IN CHENNAI SOUTH REGION FOR A PERIOD OF 1 YEAR OFFICE OF THE CHIEF ENGINEER/DISTRIBUTION CHENNAI SOUTH REGION/TANGEDCO, 5A, BLOCK, I FLOOR, 802, ANNA SALAI, CHENNAI

2 Phone No : Fax no: E.Mail TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION LIMITED SPECIFICATION NO: CED/CSR E Name of the work Provision and Maintenance of Aggregated bandwidth of 16 MB at Regional Data Centre and Alternate (Backup) network connectivity under VPN over Broadband or VPN over Wi-Max with 256 Kbps speed (133 Nos) and 512 Kbps speed ( 55 Nos) under MPLS-VPN technology between Chennai South Data Centre and 188 Nos locations in the Phase-I & Phase-II area of Project BEST in Chennai South Region for 1 year. 2. Date of Commencement of sale of : specification. 3 Last date for sale of Specification : at hrs. 4 Due Date and time for receipt of Tender 5. Due date and time for opening of Tender : at hrs. : at hrs. 6. (a) Earnest Money Deposit (EMD) or : Rs. 50,300 /- (Rupees Fifty thousand three hundred only) Demand Draft/Banker s Cheque (b) Permanent E.M.D. : Rs.10,00,000/- registered with SE/CEDC/South 7. Tenders should be addressed to : Chief Engineer/ Distribution Chennai south region, 5A Block, I Floor, 802, AnnaSalai, Chennai Type of Tender : Open Tender Two Part System 9. Address to which sealed envelope should be forwarded. : Chief Engineer/ Distribution Chennai south region, 5A Block, I Floor, 802, AnnaSalai, Chennai Required number of Tender Copies. : Two (Original + Duplicate) 11. Place at which tender will be opened. : O/o. Chief Engineer/ Distribution Chennai south region, 5A Block, I Floor, 802, AnnaSalai, Chennai Cost of Specification : Rs.5000/- Rs.100/- extra if required by post. NOTE: The tender documents are available in TANGEDCO web site ( and Government website ( the prospective bidders may get the Specification by down loading from the web site free of cost. The tenderers who have downloaded the specification from TANGEDCO website and Govt. website shall ensure whether any clarification/ amendment is issued to the specification, before submission of their tender, by visiting the respective website. 2

3 Tender document can also be purchased by the tenderer from the Executive Engineer/Purchase, Office of the Chief Engineer/Distribution, Chennai South Region,5A Block, Annasalai, Chennai by paying the cost of specification either by cash/dd at the Office of the Superintending Engineer/CEDC/South, TANGEDCO, 110/33 KV K.K.Nagar SS Complex, Anna Main Road, K.K.Nagar, Chennai CHIEF ENGINEER / DISTRIBUTION CHENNAI REGION SOUTH 3

4 INDEX SECTION I -- E.M.D. SECTION II -- B.Q.R. SECTION III -- REJECTION OF TENDERS SECTION IV -- INSTRUCTIONS TO THE TENDERERS SECTION V -- COMMERCIAL TERMS SECTION VI -- TECHNICAL SCHEDULE A -- SCHEDULE OF PRICES SCHEDULE B -- DEVIATION FROM TECHNICAL SPECIFICATION SCHEDULE C -- DEVIATION FROM COMMERCIAL SPECIFICATION SCHEDULE D -- STATEMENT OF SUPPLY ORDERS EXECUTED / UNDER EXECUTION DURING THE PAST THREE YEARS AS ON DATE OF TENDER SCHEDULE E -- DECLARATION FORM ANNEXURE I -- LOCATIONS AT WHICH VPN OVER BROADBAND/ VPN OVER WI-MAX NETWORK TO BE PROVIDED AND MAINTAINED ANNEXURE II -- UNDERTAKING IN LIEU OF EMD ANNEXURE III -- FORM OF CONTRACT ANNEXURE IV -- UNDERTAKING TOWARDS JURISDICTION FOR LEGAL PROCEEDINGS. 4

5 SECTION I EARNEST MONEY DEPOSIT 1. Tenderer should pay the specified amount towards Earnest Money Deposit, as follows. Earnest Money Deposit: Rs. 50,300/- (Rupees Fifty thousand three hundred only) 2. The Earnest Money specified above should be a DEMAND DRAFT / BANKER S CHEQUE for the above amount, from any of the Nationalised / Scheduled / Foreign Banks with branches in India payable to the Superintending Engineer / Chennai EDC/South /110 KV KK Nagar SS Complex, 394, Anna Main Road /TANGEDCO/Chennai The Earnest Money will not carry interest. 4. The Earnest Money Deposit will be refunded to the unsuccessful tenderer on application to the Chief Engineer / Distribution / Chennai South Region after intimation of the rejection / non acceptance of their tender is sent to them. 5. Cheques will not be accepted towards Earnest Money Deposit and the tender shall be rejected if EMD is not paid in the prescribed manner. 6.1 Firms who have a valid (not forfeited or a request had been made as on the date of tender opening) Permanent Earnest Money Deposit of Rs.10, 00,000/- (Rupees Ten Lakhs only) with the Superintending Engineer/CEDC/South, TANGEDCO are exempted from payment of Earnest Money Deposit. 6.2 The Permanent EMD holders of TANGEDCO Head Quarters are not exempted from payment of EMD. 6.3 Firms who have Permanent Earnest Money Deposit less than the amount specified for participation in this tender above are not eligible to participate on the basis of the PEMD deposited by them even for lesser quantity and value. 6.4 If the Tenderer desires to become a Permanent E.M.D. holder, he is advised to deposit the required amount of EMD with the Chennai South Region as Permanent EMD well in advance and to obtain a certificate from the Superintending Engineer/ Chennai EDC/South and enclose the copy of the same along with the Tender offer as stipulated above. 7.0 The tenders are specifically requested to carefully go through the Paras 7 to 11 of this section in order to claim exemption from payment of EMD 7.1 The Small Scale Industrial units located within the State and Registered with the Tamil Nadu Small Industries Development Corporation or the National Small Industries Corporation (NSIC) or Holding Permanent Registration certificate from the District Industries centers of Directorate of Industries and Commerce in respect of those items for which the Registration Certificate has been obtained,departments of the Government of Tamil Nadu and Undertakings and Corporations owned by the Government of Tamil Nadu, Labour Contract Co-operative Societies, Tiny Industries classified under SSI registered with the state of Tamil Nadu and Registration Certificate issued by Department of Industries and Commerce / Government of Tamil Nadu, Small Scale Industrial units located outside the State and such of those units registered with National Small Industries Corporation in respect of the items manufactured by them are the only categories of institutions / industries exempted from the payment of Earnest Money Deposit. 5

6 8. Those Tenderers who are exempted from payment of E.M.D. shall furnish in lieu of EMD an undertaking in a non judicial stamp paper of value not less than Rs (Rupees eighty only) to the effect to pay as p enalty an amount equivalent to Security deposit / EMD or an amount equal to the actual loss incurred whichever is less in the event of non-fulfillment or non observance of any of the conditions stipulated in the contract consequent to such breach of contract.the State Government, Public Sector undertaking who are exempted from payment of EMD should also pay as penalty an amount equivalent to the amount fixed as security deposit in the event of non-fulfillment or non observance of any of the conditions stipulated in the contract. TENDRES RECEIVED WITHOUT THIS UNDERTAKING WILL NOT BE OPENED. 9. Small Scale Industries shall enclose duly attested Photostat copy of their Registration Certificate showing the subject materials specifying capacity which they are permitted to manufacture and the period of validity of the certificate as proof of eligibility for exemption from payment of EMD inside the outer cover or in the inner cover as specified in clause Those tenderers who are exempted from payment of E.M.D. shall enclose Photostat copy of their registration Certificate or Entrepreneur Memorandum Part-II and acknowledgement issued by District Industries Centres concerned for the Entrepreneur Memorandum Part-II along with the list of materials manufactured, duly attested by a Gazetted officer showing the subject materials with capacity which they are permitted to manufacture and the period of validity of the certificate as proof of eligibility for exemption from payment of EMD. On any account the Entrepreneur Memorandum Part-I and acknowledgement obtained for Part-I shall not be considered for extending exemption from paying Earnest Money Deposit. 11. Those tenderers who are exempted from payment of EMD shall also furnish the audited attested copy of profit and Loss Account, Balance sheet (along with plant and machinery details) along with the proof for exemption from payment of EMD in order to ensure the SSI status based on the investment held in plant machinery for extending exemption from paying EMD. In case the investment held by the tenderer in plant and machinery as per their financial statements of Accounts exceeds Rs.5 Crores, the SSI status of the tenderer shall be verified from the General Manager, District Industries Centre concerned. Till receipt of confirmation from the General Manager/ District Industries Centre concerned, the exemption from paying EMD for domestic SSI shall not be extended. 12. Others viz Central, other State Government Departments, Undertakings, Corporations other than Tamil Nadu shall have to pay Earnest Money Deposit and Security Deposit cum performance guarantee. 13. If the Demand Draft/ Bankers Cheque/ Undertaking and proof of exemption of EMD has not been placed either in the outer cover or in the inner cover, then their Tender offer will be summarily rejected. 14. The Earnest Money Deposit made by the Tenderer will be forfeited if:- a. he withdraws his tender or backs out after acceptance. b. he withdraws his tender before the expiry of validity of the offer, the period specified in the Specification, or fails to remit the Security Deposit. c. he violates any of the provisions of these regulations contained herein. d. he revises any of the terms quoted during the validity period. e. The documents furnished with the offer being found to be bogus or the documents contain false particulars. 6

7 SECTION - II BID QUALIFICATION REQUIREMENTS (BQR) The BIDDER shall become eligible to bid on satisfying the following BID QUALIFICATION REQUIREMENT. 1.0 The bidders shall be the Network Service Providers. 2.0 The bidders should have experience for having executed similar type of works during the past three years (Proof to be enclosed). 3.0 The bidder shall have a minimum turnover of Rs. 10 Lakhs/Annum. Documentary evidences in support of the above qualification shall be enclosed. THE OFFERS OF BIDDERS NOT SATISFYING THE ABOVE BID QUALIFICATION REQUIREMENTS WILL BE SUMMARILY REJECTED. Note: The offer of the bidders who have stated to be previous suppliers to TNEB will be considered for further evaluation, even if they have not enclosed copies of purchase orders, after ensuring with concerned purchase orders placing authorities. CHIEF ENGINEER / DISTRIBUTION CHENNAI REGION SOUTH 7

8 SECTION - III 1.0 REJECTION OF TENDERS: 1.1 TENDERS WILL BE SUMMARILY REJECTED IF (a) E.M.D. requirements are not complied with, (b) Not satisfying Bid Qualification requirement. (c) received after the expiry of the due date 1.2 TENDER IS LIABLE TO BE REJECTED IF IT IS: (a) from any black listed firm. (b) from tenderer whose past performance/vendor rating is not satisfactory. (c) received from the tenderer who is directly or indirectly connected with Government service or Board service or services of Local authority. (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) offer received by Telex or Telegram or Fax or . received without superscription as prescribed in the enquiry not covered the entire scope of supply. not in conformity with Board's Commercial & Technical terms with validity period less than that specified in this specification. incomplete and evasive. if the offer does not contain all the required particulars as per schedules A to E. not clearly stated whether the company is potentially sick industrial company in terms of section 23 of section 15 of the Sick Industrial Companies (special provisions) Act,1985. Not properly signed by the tenderer. from Consortium of SSI Units 8

9 SECTION - IV INSTRUCTIONS TO TENDERERS 1.0. Sealed tenders in Two part System (a) Technical Bid with commercial terms but without Price Bid and (b) Price Bid, in duplicate will be received for and on behalf of TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD, herein after referred as TANGEDCO, so as to reach on or before the due date prescribed. All the tenders shall be prepared and submitted strictly in accordance with the Instructions set forth herein. THE TENDERERS WHO DO NOT FULFILL THE BID QUALIFICATION REQUIREMENTS AS PER SECTION II NEED NOT PARTICIPATE IN THE TENDER. OFFERS NOT SATISFYING THIS "BID QUALIFICATION REQUIREMENTS WILL NOT BE CONSIDERED AND WILL BE SUMMARILY REJECTED. 2.0 The Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu Transparency in Tender Rules 2000 are applicable to this Tender. 3.0 The scope of tender is to i) Supply, install & commission the VPN over Broadband or VPN over Wi-Max network connectivity with 256 Kbps and 512 Kbps speed under MPLS-VPN technology as per requirement in 188 locations of Chennai South Region. ii) Testing and commissioning the collection process at collection centre through VPN connectivity iii) Maintenance of equipments & VPN connectivity for a period of one year from the date of commissioning and iv) Providing service and man power support for a period of one year from the date of commissioning. The tender covers Provision and Maintenance of Alternate network connectivity (as Back -up) under VPN over Broadband or VPN over Wi- Max with not less than 256 Kbps speed for 133 Nos and with not less than 512 Kbps speed for 55 Nos locations under MPLS-VPN technology (client end) and 16MB MPLS-VPN at Chennai South Data centre side (Server side by providing new 16 Mbps MPLS-VPN) with unlimited upload and download of data between client and server in the Phase-I & Phase-II areas of Project BEST in Chennai South Region for a period of 1 year from the date of execution of contract or on successful commissioning of entire network whichever is later. 4.0 TWO PARTS TENDER 4.1. The Tenders shall be in two parts as detailed below each in a separate sealed Envelope marked, ENVELOPE A" and "ENVELOPE B" The first envelope called "ENVELOPE A" shall contain a. Un priced bid as per Schedules A (without price),b,c,d,e,f & G (i.e. Technical Bid with Commercial Terms except Price). b. Any other information called for in the specification other than price. THIS ENVELOPE "A" SHOULD NOT CONTAIN ANY PRICE BID 9

10 4.2. The second Envelope called Envelope-B" shall contain only the PRICE BID as per "Schedule-A". 4.3 The tender documents shall be addressed to the Chief Engineer/Distribution/Chennai South Region, 5A Block,1 st floor,802,anna Salai, Chennai The Tender in two parts shall be prepared in duplicate and put in a separate sealed superscribed envelope (Envelope-A and Envelope-B) as instructed above. 4.5 Envelope-A, Envelope-B shall be enclosed in an overall envelope and the Earnest Money Deposit in approved form or proof of exemption from payment of EMD shall be enclosed either in A Cover or inside the outer cover.(i.e) OUTER COVER SHALL CONSIST OF i) The EMD in appd form (or) proof of exemption from payment of EMD ii) Envelope A. iii) Envelope B. 4.6 EMD IN APPROVED FORM OR PROOF FOR EXEMPTION FROM PAYMENT OF EMD shall be enclosed either in A cover or inside the outer cover. 4.7 The outside of the outer cover should also indicate clearly the name of the tenderer and his full address. In addition, the left hand top corner of the envelope should indicate the Specification No., and the tender due date and time. Offers with no indication given on the outside of the envelope to indicate that it is a tender offer and therefore gets opened before the due date shall cause disqualification. 4.8 If the two part tender system is not followed, the tender will be rejected summarily. 4.9 Envelope "A" and Envelope "B" and the overall envelope should be individually sealed, super scribed with the Specification number, materials offered and due date of submission and addressed to the Chief Engineer/Distribution/Chennai South Region,1 st floor, 802, Anna Salai, Chennai The Tenderer should also indicate his name and full address on the cover The tender offers in complete shape in one envelope containing Envelope-A and Envelope - B, as required in Clause 4.3 shall be sent so as to reach the Chief Engineer/Distribution/Chennai South Region, on or before 2.00 P.M. on the due date of submission of offers If any of the Bidders indicate price in Envelope-A, the bid will not be read out and will be rejected Envelope "B" will not be opened at the time of opening Envelope "A" but will be authenticated in the covers by the officers authorised to open the bids. Envelope "B" so authenticated will be kept under the safe custody of the empowered officer, to open the tender. Envelope"B" Price Bid will be opened later, the date of which will be intimated to the tenderer at a later date, after technical evaluation of the tender is completed If the tenderer finds any ambiguity in any of the terms and conditions stipulated in this Specification, he shall get it clarified from the Chief Engineer/ Distribution / Chennai South Region, TANGEDCO, Electricity Avenue, 5A block, 802 Anna Salai, Chennai If this is not done and subsequent to the opening of the Tenders, it is found that the doubt, about the meaning or 10

11 ambiguity in the interpretation, if any of terms and conditions stipulated in this Specification are raised by the tenderer either in this tender or by a separate letter, the interpretation or clarification issued by the Chief Engineer/ Distribution/ Chennai South Region, TANGEDCO Chennai - 2, on such of those terms and conditions of the Specification as may be raised by the tenderer shall be final and binding on the tenderer All tender offers shall be prepared by typing or printing in indelible ink in the formats enclosed with the Specification. One original and one duplicate of the original proposal which are identical shall be submitted by each tenderer All information in the tender offer shall be in ENGLISH only. It shall not contain interlineations, erasures or over writings except as necessary to correct errors made by the tenderer. Such erasures or other changes in the tender document shall be attested by the person authorized to sign the tender offer The tender offer shall contain full information asked for, in the accompanying Schedules and elsewhere in the Specification. The tenderer has the option of sending the offer by Registered Post or submitting the same in person so as to reach by the date and time indicated In case of postal delivery, tenderers are advised to send them well in advance so that they are delivered at the Office of the Chief Engineer/Distribution/Chennai South Region, Chennai - 2, before the specified date and time The tenders delivered in person/courier shall be handed over to The Executive Assistant to The Chief Engineer/Distribution/Chennai South Region, TANGEDCO, I floor, 802, Anna Salai, Chennai - 2, before Hrs on the due date The TANGEDCO will not be responsible for any postal or other transit delay in receipt of the tender offer Telex/Fax or telegraphic /E-.Mail offers will not be entertained and will be rejected Any offer received by the TANGEDCO after the due date and time specified for submission of tender offer will be declared late, rejected and will be returned to the tenderer No tender offer shall be allowed to be modified subsequent to the deadline for submission of tender offers Tenderer shall bear all costs associated with the preparation and delivery of its offers, and the TANGEDCO will in no case be responsible or liable for these costs No offer shall be withdrawn by the tenderer in the interval between the deadline for submission and the expiry of the period of validity specified/extended validity of the tender offer The tenderers are requested to furnish the exact location of their factories, Business premises with detailed / Postal address and Pin Code, Telephone, Fax Nos and / clear E.-Mail address etc. in their tenders so as to arrange inspection by the TANGEDCO if considered necessary. 11

12 5.0 CLARIFICATION TO TENDER DOCUMENTS: 5.1 At any time after the issue of the tender documents and before the opening of the tender, the Tender Inviting Authority may make any changes, modifications or amendments to the tender documents and shall send intimation of such change to all those who have purchased the original tender documents. 5.2 In case any one tenderer asks for a clarification to the tender document before 48 Hrs. of the opening of the tender, replies to such clarifications will be communicated to all those who have purchased the tender documents. 6.0 TENDER OPENING: 6.1 The Tender offers will be opened at Hrs. on the due date, at the Office of the Chief Engineer/Distribution, Chennai South region, 5A Block, I floor, 802 Annasalai, Chennai - 2 in the presence of Tender/Tenderer s authorized representative who may wish to be present on the date of opening. 6.2 If the last date set for submission of tender offers and opening date happens to be a holiday, the tenders will be received and opened on the succeeding working day, without any change in the timings indicated. 6.3 The duly authorized representatives of the tenderer/tenderers who are present shall sign the tender opening register. 6.4 The Tenderer s Name, prices, all discounts offered, and such other details as the TANGEDCO, at its discretion, may consider appropriate will be announced and recorded at the time of tender opening. 7.0 INFORMATION REQUIRED AND CLARIFICATIONS: 7.1 To assist in the examination, evaluation and comparison of tender offers, the TANGEDCO may, at its discretion, ask the tenderers for a Clarification of his offers. All responses to requests for clarification shall be in writing to the point only. No change in the price or substance of the offer shall be permitted. 7.2 The TANGEDCO will examine the tender offers to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the offers are generally in order. 7.3 Prior to the detailed evaluation, the TANGEDCO will determine the substantial responsiveness of each offer to the Bidding Documents. 7.4 A substantially responsive offer is one which confirms to all the terms and conditions of the Specification without any deviation. 7.5 The Tender offers shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award/ rejection is made by the TANGEDCO to the tenderers. While the offers are under consideration, tenderer, and/or their representatives or other interested parties are advised to refrain from contacting by any means, the TANGEDCO and/or TANGEDCO's employees/ representatives on matters related to the offers under0 consideration. Attempt by any tenderer to bring to bear extraneous pressures 12

13 on the Tender Accepting Authority shall be the sufficient reason to disqualify the tender. 7.6 Mere submission of any Tender offer connected with these documents and Specification shall not constitute any agreement. The tenderer shall have no cause of action or claim, against the TANGEDCO for rejection of his offer. The TANGEDCO shall always be at liberty to reject or accept any offer or offers at its sole discretion and any such action will not be called into question and the tenderer shall have no claim in this regard against the TANGEDCO. 8.0 EVALUATION AND COMPARISION OF TENDER OFFERS: 8.1 The tender offers received and accepted will be examined to determine whether they are in complete shape, all data required have been furnished, the tender offer is properly signed and the offers are generally in order and the tender offer conforms to all the terms and conditions of the specification without any deviation. 8.2 For the purpose of evaluation of the tender offers, the following factors will be taken into account for arriving at the evaluated price The quoted price shall be corrected for arithmetical errors. In case of discrepancy between the prices quoted in words and in figures, lower of the two shall be considered The evaluated price shall include "all central duties like excise duty freight and insurance, packing and forwarding charges. In a tender where all the tenderers are from within the State of Tamil Nadu or where all the tenderers are from outside the State of Tamil Nadu, the Sales Tax or VAT shall be included for the evaluation of the price and in a tender where the tenderers are both from the state of Tamil Nadu as well as from the outside State of Tamil Nadu, the TNVAT quoted by shall be excluded for the evaluation of price. 8.3 The amount of Sales Tax /TNVAT and percentage of Sales tax/tnvat shall be indicated in the offer. The Tamil Nadu Electricity Board is eligible for concessional Tamil Nadu General Sales Tax at the rate of 5% for supplies as per G.O.Ms. No: 77 Commercial Taxes dated For the purpose of evaluation of the tender offers, the unit value of materials will be arrived as in clause 8.2. From this value the lowest offer will be arrived. 8.5 No price preference shall be extended in evaluating the offers in view of the provision for extending price preference is withdrawn in Tamil Nadu Transparency in tenders Act. 9.0 VALIDITY: 9.1 The tender offer shall be kept valid for acceptance for a period of 180 days from the date of opening of offers. The offers with lower validity period are liable for rejection. 9.2 Further, the tenderer shall agree to extend the validity of the Bids without altering the substance and prices of their Bid for further periods, if any, required by TANGEDCO. 13

14 10.0 RIGHTS OF THE TANGEDCO: 10.1 Notwithstanding anything contained in this specification, the TANGEDCO reserves the right to : a) Accept the lowest or any other tender. b) Revise the quantities at the time of placing orders c) Reject any or all the tenders or cancel without assigning any reasons therefore. d) To split the tender quantity and place orders on one or more than one firm to meet the delivery requirement. e) relax or waive or amend any of the conditions stipulated in the tender Specification wherever deemed necessary in the best interest of the TANGEDCO. f) recover losses, if any, sustained by TANGEDCO, from the supplier who pleads his inability to supply, and backs out of his obligation after award of contract. The Security Deposit paid shall be forfeited. g) to cancel the orders for not keeping up the delivery Schedule. h) to order either all items or a few items DEVIATIONS: 11.1 The tenderer shall furnish, any deviations in the technical/commercial terms in schedule-b/c annexed. If no deviations are furnished it will be construed that the tenderer is accepting the technical specification and commercial terms. Similarly if any deviations are furnished in the specified form it will be construed that these are the only deviations and the tenderer is accepting all other terms of the specification and the offer will be taken for evaluation accordingly THE OFFERS OF THE TENDERERS WITH DEVIATIONS IN COMMERCIAL TERMS OF THE SPECIFICATION WHICH COULD NOT BE ACCEPTED WILL BE REJECTED NO ALTERNATE OFFER WILL BE ACCEPTED APPEAL : Any tenderer aggrieved by the order passed by the Tender Accepting Authority under section-10 of the Tamil Nadu Transparency in Tenders Act 1998 may prefer an appeal to Government within 10 (ten) days from the date of receipt of order.. BAR OF JURISDICTION: Save as otherwise provided in the Tamil Nadu Transparency in Tender Act, 1998 no order passed or proceedings taken by any officer or authority under this Act shall be called in question in any court and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or under this Act. 14

15 SECTION V 1.0 PRICE: COMMERCIAL 1.1 The Tenderers are requested to quote FIRM PRICE only. 1.2 The tender offer should also be contain the breakup details of Basic Price and Service tax on basic price. 1.3 The installation charges if any may be quoted separately for each circuit. The recurring charges per annum circuit wise may be quoted separately. 1.4 The Quoted price will be corrected for arithmetical errors. In case of discrepancy between the prices quoted in words & figures the Lowest of the two will only be considered 1.5 It is the responsibility of the tenderer to make sure about the correct rates of duties/ taxes leviable on the materials at the time of tendering. If the rates assumed by the Tenderers are less than the current rates prevailing at the time of tendering, the TANGEDCO will not be responsible for the mistake. 1.6 The prevailing rate of service tax will be paid against Registration certificate. 2.0 EXCISE DUTY: 2.1 It is the responsibility of the tenderer to make sure about the correct rates of duty leviable on the materials at the time of tendering. If the rates assumed by the Tenderer are less than the current rates prevailing at the time of tendering, the Board will not be responsible for the mistake. If the rates assumed by the Tenderer are higher than the current rates prevailing at the time of tendering, the Excise Duty prevailing at the time of tendering will only be paid. 2.2 Any increase in Excise duty consequent to the suppliers coming into different duty slab during the execution of the contract shall have to be taken into account and the all inclusive FIRM price shall be quoted accordingly by the tenderers. No claim for increase in the above respect will be admitted. Any variation in excise duty due to statutory variation within the contract delivery date shall be considered. 2.3 In case of delayed delivery the Excise duty prevailed on the date of actual delivery or the excise duty applicable on the date of contractual date of delivery whichever is less shall be admitted. This duty is payable on the basic exfactory price only and this basic price, for the purpose of calculation of excise duty on finished products, should be indicated and for any decrease the benefits shall be passed on to the Board. 2.4 In accordance with Excise Regulation now in force authenticated Invoices should be submitted for making Initial payment. 2.5 A statement of Excise duty paid by the supplier to the Excise Department, consignment war duly certified either by the Excise Authorities concerned or by an Auditor, covering the quantity supplied should be submitted to the Circle concerned before claiming final payment. 2.6 "Authenticated invoice containing details of Central Excise Registration No,PLA No, etc., Date and time of removal of Goods, Date of entry in PLA/RG 23 duly authenticated by the authorised signatory shall be preferred in support of claims for Excise duty. 2.7 The supplier shall furnish an undertaking to the effect that any statutory levies like excise duty, Sales Tax etc., claimed and reimbursed by the Board is final and that there is no dispute over the liability for such levies between 15

16 the supplier and the Government. An undertaking shall also be furnished that if the supplier has subsequently got any refund out of the duty/tax paid and if it is established that the supplier is not liable to pay the duty/tax paid, the benefits should be passed on to the Board. 2.8 The Tenderer who have quoted ED as NIL and in the event of placement of order on such tenderer against this specification where the value of the order is above Rs. 150 lakhs,such tenderer shall furnish an undertaking to the effect that ED commitment on account of crossing the turnover slab will be discharged to the ED, authorities and that the Board shall not be responsible for any ED evasion by the tenderer in respect of this transaction. 2.9 In case of the tenderer who has quoted ED as NIL and in the event of placement of order against this specification and the proposed order value is less than Rs. 150 lakhs, the tenderer shall furnish an undertaking to the effect that he has not obtained any other order in the financial year and that the Board shall not be responsible for any ED evasion if any by the tenderer in respect of this transaction. 3.0 SALES TAX: 3.1 The Central Sales Tax/TNVAT will be paid extra as applicable. The amount of Central Sales Tax/TNVAT and percentage payable shall be indicated separately in the Tender offer.central Sales Tax/TNVAT is not applicable to Freight and Insurance charges. 3.2 The TANGEDCO Ltd., has been registered as a dealer, under Central Sales Tax Act 1956 (Registration No ) and under TNVAT Act 2006 with TIN No The TANTRANSCO Ltd., has been registered as a dealer, under Central Sales Tax Act 1956 (Registration No ) and under TNVAT Act 2006 with TIN No As per G.O.MS No.77 dated Notification-III No.II(1)/CTR/12(R- 17)/2011, the concessional rate of 5% is applicable for the goods supplied to TNEB Ltd., TANGEDCO and TANTRANSCO used in Generation, Transmission and Distribution of Electrical Energy except petrol, cement and diesel. Further as per G.O.MS No.77 dated Notification-IV No.II(1)/ CTR/12(R-18)/2011, the concessional rate of 5% is applicable for the sale of goods for use in the execution of turnkey projects by contractors who have entered into agreement with TNEB Ltd., TANGEDCO and TANTRANSCO, subject to the condition that the dealer/purchaser obtains and furnishes a certificate in the prescribed form. The necessary certificate as per G.O shall be furnished for availing concessional rate of VAT. The C form for the classes of goods specified for the purpose as per CST Act shall be furnished for availing concession/nil rate of CST. 3.3 In case of delayed delivery the Central Sales Tax/TNVAT prevailing on the date of despatch or on the last day of the contractual delivery period whichever is LESS will be admitted. For supplies made within the delivery period, Central Sales Tax/TNVAT as applicable on the date of supply, will be admitted. For both the cases the supplier shall furnish documentary evidence while submitting the bills for payment. For any decrease, the benefits shall be passed on to the Board. 16

17 3.4 Provided always, it is hereby agreed and declared that in case, where the Board has doubt and belief that Central Sales Tax/TNVAT is not at all payable for the transaction in question, the Board reserves the right to with-hold the amount of tax until the party produces an order of court of competent jurisdiction, declaring the liability of the transaction to Central Sales Tax/TNVAT. Concessional rate of Central Sales Tax/TNVAT if any shall be taken into account and included in the price quoted giving proof thereof. 3.5 It is the responsibility of the tenderer to make sure about the correct rates of Central Sales Tax/TNVAT leviable at the time of tendering. If the rate assumed by the tenderer are less than the current rates prevailing at the time of tendering, the Board will not be responsible for the mistake. If the rates assumed by the Tenderer are higher than the current rates prevailing at the time of tendering, the difference will be to credit of the Board. In respect of the Inter State Sales 'Form C' declarations may be obtained from the paying Officer concerned wherever the concessional rate of Central Sales Tax is applicable 3.6 The following certificates have to be furnished for admittance of claim of sales tax. Certified that the transaction in which the Central sales tax/tnvat has been claimed/ will be included in the return submitted /to be submitted to the Central sales tax/tnvat authorities for assessment of the Central sales tax/tnvat and the amount of Central sales tax/tnvat claimed from the purchaser has been /will be paid to sale tax authorities Certified that the goods on which the Central sales tax/tnvat has been charged has not been exempted under C.S.T. Act or TNVAT and the rules made there under and the charges on account of Central sales tax/tnvat on these goods are correct, under provisions of relevant Act or rules made there under Certified that we shall indemnify the Board, incase it is found later on that wrong / incorrect or excess payment has been recouped on account of Central sales tax/tnvat paid by us. Certified that we are registered as dealer under the Central sales tax Act and our Registration No is..and under TNVAT Act 2006 and our Registration No is. Certified that TNVAT credit availed by me has been taken into account in the rates quoted PERIOD OF CONTRACT : 1 (One) year from the date of commissioning of VPN network connectivity in full (or) executing the FORM OF CONTRACT whichever is later. 5.0 EXECUTION OF CONTRACT: The vendor shall execute an agreement for the fulfillment of the contract on Rs.80/- non-judicial stamp paper in the model form enclosed as per ANNEXURE III (FORM OF CONTRACT) within seven days from the date of acceptance of the contract order. 5.1 The incidental expenses of execution of agreement shall be borne by the vendor. 5.2 The conditions stipulated in the agreement should be strictly adhered to and violation of any of the conditions will entail termination of the contract without prejudice to the rights of the TANGEDCO and recovery of any consequential losses from the Vendor. 17

18 6.0 SECURITY DEPOSIT: 6.1 The successful tenderer will have to pay a Security Deposit of 5% of the value of the contract in the form of Demand Draft/Banker's Cheque/ drawn from any Nationalised/ Scheduled Bank or Foreign Banks with Branches in India. Earnest Deposit money paid, if any, will be adjusted towards security deposit. If the purchase order value is more than Rs.10 lakhs, Security Deposit can also be furnished in the form of irrevocable Bank guarantee from any Nationalised/ Scheduled Bank or Foreign Banks with Branches in India 6.2 The Security Deposit will be repaid to the supplier only if the contract is completed to the satisfaction of the purchaser. If the purchaser incurs any loss or damages on account of breach of any of the clauses or any other amount arising out of the contract becomes payable by the supplier to the purchaser, then the purchaser will in addition to such other dues that he shall have under the law, appropriate the whole or part of the security deposit and such amount that is appropriated will not be refunded to the supplier. 6.3 The successful tenderer will have to furnish the Security Deposit within 15 days from the date of receipt of purchase order failing which their E.M.D. shall be liable for forfeiture and the purchase order would be cancelled. Alternatively interest charges at 22% per annum or as fixed by the Board will be levied for belated payment of SD from the due date of payment, till the date of actual payment of Security Deposit. The same will be deducted from their first bill. The Security Deposit will not carry any interest. 6.4 The successful tenderer will be intimated to depute an authorised representative to peruse the draft purchase order to give concurrence to the draft purchase order. If he wants any change in the conditions, it should be immediately intimated for changing the terms or for considering the next suitable tender if the requested change is not suitable to the Board. On giving concurrence by the tenderer to the draft purchase order, he has to pay the security deposit as detailed above. 6.5 Failure to comply with the terms regarding security deposit set out in the purchase order within the stipulated time by the successful tenderer will result in the cancellation of the purchase order without any further reference to the suppliers. 7.0 COMPLETION PERIOD : 7.1 The connectivity shall be provided within 30 days from the date of signing of agreement (FORM OF CONTRACT as in Annexure-III). 7.2 Offer with lesser completion period will be preferred. 7.3 TANGEDCO also reserves the right to cancel the order if the completion period is not kept up, without any further notice to the contractor. 7.4 TANGEDCO will be at liberty to cancel the order if the provision of bandwidth is not made as specified in the indent, notwithstanding its right to claim liquidated damages for the belated completion and the non-provision of bandwidth as on the date of cancellation. The defaulting contractors will be liable to pay to TANGEDCO in addition to the liquidated damages for delay, the actual difference in price whenever TANGEDCO orders the delayed 18

19 provision of bandwidth to be executed by other agencies at higher rate. 7.5 The actual date of provision of bandwidth will be reckoned as the date of completion of activity for the purpose of calculation of liquidated damages in respect of delivery of that material. 7.6 The completion period will not normally be extended. Hence all efforts shall be taken to provide internet bandwidth within the contractual completion period. 8.0 PAYMENT: % of the value of demand per quarter will be paid on application. Balance 5% will be released after deducting applicable Liquidated Damage and penalty for Down time as per clause Payment will be made by Cheque on any National Banks, Schedules Banks approved by Reserve Bank of India in Tamil Nadu. The Bank Charges involved in making the payment will be the account of the service provider. For delayed payment, TANGEDCO will not pay any interest on any account. 8.3 The Bills for payment will be passed only after the approval / acceptance of the followings LIQUIDATED DAMAGES: a) Security Deposit for 5% value of the order. b)sales Tax Clearance certificate c)undertaking towards jurisdiction for legal proceedings The execution of contract as specified should be guaranteed by the service provider under the Liquidated Damages Clauses given below: 9.2. If the contractor fails to complete the activities within the time specified or any extension thereof, the purchaser shall recover from the contractor as liquidated damages, a sum of one half of a percent (0.5%) of the order value for each completed week of delay. The total liquidated damages shall not exceed ten percent (10%) of the total order value. Liquidated damages will also be recovered if the services are not provided If activities to be rendered against this Purchase Order are completed by the service provider beyond the Completion Period and if they are accepted by the TANGEDCO, such acceptance is without prejudice to the TANGEDCO's rights to levy liquidated damages for the delay in completion The TANGEDCO will also be at liberty to cancel the order if the activities are not completed as per the completion period notwithstanding its right to claim liquidated damages for the belated completion and incompletion of the activities as on the date of cancellation. 9.5 If there is any downward trend in prices on account of belated completion the service providers have to accept the same with the levy of liquidate damages for belated completion The defaulting service providers will be made liable to pay to the TANGEDCO in addition to liquidated damages for delay, the actual 19

20 difference in price, wherever TANGEDCO orders the delayed quantity to be supplied/ executed by other agencies at a higher rate. This is without prejudice to other rights under the terms of contract The service providers are liable to pay the amount of loss sustained by the TANGEDCO in the event of non-execution of orders, if any placed on them either in full or part to the satisfaction of the TANGEDCO under the terms and conditions of Purchase Order and in the event of placing orders for such quantities on some others at a higher price Tenderers not giving clear and specific acceptance to the above clauses are liable for rejection PENALTY FOR THE DOWN TIME: 10.1 The Network uptime shall be maintained at 98% quarterly, failing which, penalty will be calculated on quarterly basis as below For the purpose of uptime calculation, one day will be counted as 12 hrs duration (8.00 hrs to hrs) on all days Penalty for the down time of VPN over Broadband or VPN over Wi- Max networks: (Based on Total Price mentioned in column 6 of PRICE LIST-I in SCHEDULE-A) If the up time is between 98% to 97% quarterly,1% per month of contract price/quarter of individual VPN link, shall be recovered from the bill. If the up time is between 97% to 96% quarterly, 2% per month of contract price/ quarter of individual VPN link, shall be recovered from the bill. If the up time is between 96% to 95% quarterly, 5% per month of contract price/quarter of individual VPN link, shall be recovered from the bill. For the downtime below 95% quarterly, penalty will be Rs.1000/-hour of downtime shall be recovered from the individual contract price/quarter of individual VPN link TANGEDCO reserves the right to terminate the order in the event of unsatisfactory performance and claim damages for non-fulfillment of contract. This penalty is applicable in addition to LD clause stipulated FORCE MAJEURE: 11.1 If, at any time during the continuance of this contract, the performance in whole or in part in any obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, acts of Civil commotion, strikes, lockouts, sabotages, fire, flood, explosions, epidemics, quarantine restrictions or other acts of God (herein after referred to a eventualities) then provided notice of the happenings of any such eventuality is given by the 20

21 tenderer to the TANGEDCO within 15 days from the date of occurrence thereof, neither party shall, by reasons of such eventuality, be entitled to terminate this contract, nor shall have any claim for damages against the other in respect of such non-performance or delay in performance, under this contract. It shall be resumed as soon as practicable after, such eventuality has come to an end or ceased to exist Provided that if the performance in whole or part by the tenderer or any obligation under this contract is prevented or delayed by reasons of any eventuality for a period of exceeding 60 days, the TANGEDCO may at its option terminate this contract by notice in writing. The period of extension shall be decided only by the authority EFFECTING OF RECOVERIES: TANGEDCO is empowered: To recover any dues against this contract in any bills/ Security Deposit/ Earnest Money Deposit due to the contractor either in this contract or any other contract with TANGEDCO. To recover any dues against any other contracts of the contractor with TANGEDCO, with the available amount due to the contractor /security deposit against this contract ARBITRATION ACT NOT TO APPLY: TANGEDCO will not accept any arbitration in case of disputes arising in any respect under this contract. Any dispute arising out of this contract shall not be subject to arbitration under the provisions of Arbitration and Conciliation Act 1996 in the event of any dispute between the parties PAST PERFORMANCE: The intending tenderers shall furnish the documentary evidence with details of Purchase Orders executed in the proforma enclosed in the Tender Specification as per Schedule-C along with end user certificate for satisfactory execution of the contract and performance of the internet bandwidth The details furnished by the tenderers shall be in complete shape and if it is found that any information is found omitted, suppressed, incomplete or incorrect, the same will be taken note of while dealing with the tenders in future JURISDICTION FOR LEGAL PROCEEDINGS (AFTER AWARD OF CONTRACT): No suit or any proceedings in regard to any matter arising in any respect under this contract shall be instituted in any court, save in the appropriate civil court of Chennai or the court of small causes at Chennai. It is agreed that no other court shall have jurisdiction to entertain any suit or proceedings, even though, part of the cause of action might arise within their jurisdiction. In case any part of cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not in the courts in Chennai City, then it is agreed to between parties that such suits or proceedings shall be instituted in court within Tamil Nadu and no other court outside Tamil Nadu shall have jurisdiction, even-though any part of 21

22 the cause of action might arise within the jurisdiction of such courts. An UNDERTAKING in this regard should be furnished on receipt of Purchase Order as per ANNEXURE- IV CHIEF ENGINEER / DISTRIBUTION CHENNAI REGION SOUTH 22

23 SECTION VI 1. Technical Specification: TECHNICAL To establish an aggregated bandwidth of 16 Mbps at Regional DataCentre and to provide network connectivity through VPN (Virtual Private Network) over Broadband or VPN over Wi-Max with not less than 256 Kbps speed for 133 locations and with 512 Kbps speed for 55 locations respectively (1:1) under MPLS -VPN technology between the Regional Data Centre and Collection Centre in the TANGEDCO (Formerly TNEB) collection centres for effecting the CC Charges Collection at 188 nos (One hundred and eighty eight)collection Centres by Fetching Data from the Main Server at Data Centre. 2. Project Schedule : Supply, Installation & commissioning should be completed within 30 days. 3. TANGEDCO will provide necessary Ethernet Port at the Data Centre end at Chennai South. The tenderer should provide 256 Kbps & 512 Kbps VPN over Broadband or VPN over Wi-Max under MPLS-VPN network connections at section end (client side) and 16 MB MPLS-VPN at Data centre end with unlimited upload and download of data between client and server as shown in Para 6 below and in Annexure-I. 4. All the materials required for VPN over Broadband under MPLS-VPN connectivity at client side like Broadband Modem, Phone connections, etc and MPLS-VPN network connectivity at Server side (i.e. all 188 Nos collection centers/section offices and at Regional Data Centre) should be supplied and maintained by the tenderer for a period of 1 year. 5. The Network is to be built up on Virtual Private Network Technology over (Wired Copper) Broadband Link, using the existing telephone lines wherever possible to keep expenditure to minimum. In such cases voice calls only to be billed to the concerned sections, as in force now. If land line phones not feasible, then in such locations, provision of VPN over Wi-Max links may be provided 6. Details of Locations: S. No. Address of Regional Data Centre where 16MB MPLS-VPN Connection is to be provided with Static IP. Address of Collection Centre/Section Office, wherein "VPN over Broadband" or "VPN over Wi-Max" Connection with 256 Kbps and 512-Kbps Speed will be Provided. Regional Data Centre, Office of Superintending Engineer/CEDC/West II Floor, 110/33 KV Thirumangalam SS complex, Anna Nagar, Chennai - 40 Location details enclosed in Annexure -I 23