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TENDER No.: GUVNL / TECH / 60236 CE (Technical), GUVNL invites “On line Tenders” (e-tendering) for Annual Maintenance Contract for Non-IBM hard ware Installed at e-Urja Data center, GUVNL, Vadodara, on https://www.nprocure.com (For view, down load and on line submission) and GUVNL web site www.gseb.com (For View & down load only). “All the relevant documents of tender to be submitted physically will be received only by Registered Post A.D. or Speed Post addressed to Chief Engineer (Technical), Gujarat Urja Vikas Nigam Limited,Technical Department, Corporate Office, S.P. Vidyut Bhavan, Race Course, Vadodara - 390 007. The bidder has to offer the price bid through on line only. “NO COURIER SERVICE OR HAND DELIVERY “will be allowed. Sr. No.

Description

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Tender No.:

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Work of

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Tender Fee (non refundable)

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Earnest Money Deposit amount (Refundable)

Rs. 40,000/-

On line (E-tendering) price bid offer submission last date up to 14.00 hours only. (This is mandatory)

18.10.2016

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20.10.2016

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Physical submission of all the relevant documents, last date up to 14.00 hours. By RPAD or SPEED POST only. (This is Mandatory)

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Date of opening of Tender fee, EMD cover and technical bid at 15.00 Hours

20.10.2016

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Tentative Date of on – line opening of Price bid, (if possible), at 15.00 Hours

Shall be intimated separately to technically qualified bidders

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Prices

GUVNL / TECH / 60236 Annual Maintenance Contract for Non-IBM hard ware Installed at e-Urja Datacenter - GUVNL Vadodara Rs.1,000/-

Firm

IMPORTANT: 1. All the relevant documents as per requirement of the Tender to be submitted physically along with the Tender Fee, EMD cover in sealed cover on or before due date and time. All such documents should be strictly submitted by RPAD / speed post only. Otherwise the offer will not be considered and no any further communication in the matter will be entertained. The tender in physical form is to be submitted in single copy. The price bid is to be submitted through on-line only.

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Tender fee will be accepted by Cash on request at cash counter of “Gujarat Urja Vikas Nigam Limited”, Vadodara-390 007, in working days between 11.00 A.M. to 02.00 P.M. and on working Saturday between 11.00 A.M. to 12.30 P.M. before the due date and time for submission of tender or accepted by way of Demand draft drawn on any Scheduled / Nationalized Bank situated at Vadodara drawn in favour of Gujarat Urja Vikas Nigam Limited payable at Vadodara (Cheque are not accepted). Bidders are requested to enclose the original Money receipt in the EMD cover if tender fee paid in cash. In absence of such money receipt in original or tender / offer submitted without tender fee will not be accepted & such tender will be rejected out rightly. Bidders are requested to remain in touch with the web-site for any amendment / corrigendum or extension of due date etc. Any technical questions, information and clarifications that may be required pertaining to this enquiry should be referred to: The CHIEF ENGINEER (TECHNICAL), Gujarat Urja Vikas Nigam Limited, Technical Department, Corporate Office, S. P. Vidhyut Bhavan, Race Course, Vadodara - 390 007. GUVNL reserves the right to reject any OR all tenders without assigning any reasons thereof. Yours faithfully, Chief Engineer (Technical) NOTE: In case bidder needs any clarification or if training required for participating in online tender, they can contact the following office: (n) Procure Cell (n) Code solutions-A division of GNFC Ltd., 403, GNFC Info tower, S.G. Road, Bodakdev Ahmedabad – 380054 (Gujarat) Toll Free: 1-800-233-1010 (Ext. 501, 512, 516, 517, 525) Phone No. 079-26857315 / 316 / 317 Fax: 079-26857321 / 40007533 Email: [email protected] Other terms & conditions are as per tender documents

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Table of Contents Page no.

SECTION 1 1.1 1.2 1.3

Objective………………………………………………………………………………………………………… Overview…………………………………………………………………………………………………………. Eligibility Criteria………………………………………………………………………….

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SECTION 2 2.1

TECHNICAL REQUIREMENT

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List of non-IBM equipments which includes hardware & software installed at eUrja Data Centre during Jan '06

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SECTION 3 3.1 3.2 3.3

Scope of Work Service Level Agreement Penalty SECTION 4

10 12 12

4.1

Bidders Response Sheet

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SECTION 5 INTRODUCTION

5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25

Submission of Bids General Terms and Conditions Rights of GUVNL Prices Payment Terms Tender Fees Earnest Money Deposit Security Deposit cum performance Bank Guarantee Re-Installation and Re-Configuration Arbitration Jurisdiction Statutory Variations Termination of contract Repeat order/ Additional order

Contractor to Indemnify the Customer Insurance Code of Conduct Completion of the Contract Confidentiality of Matter Safety Codes Rights of Various Interests Delays by the Customer Notices Severability No Waiver Page: 3

15 15 15 16 16 17 17 17 18 18 19 19 19 19 20 20 20 21 22 22 23 23 23 23 24 24

5.26 5.27 5.28 5.29 5.30 5.31

Complete Agreement Force Majeure Limitation of Liability Non-Solicit Relationship of the Parties Survival

24 24 24 25 25 25

Annexure Annexure A: Details of Equipments Annexure B: Details of Dell Servers Annexure C: List of Performance certificates Annexure D : Check List Bank Guarantee Formats Contract Agreement Format Schedule B (Price Bid)

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26 27 28 29 32 36 39

SECTION 1 1.1 Objective Comprehensive Annual Maintenance Contract (AMC) for UPS, Load Balancer, Antivirus/Anti spam (AVAS), Cisco Switch, Server Racks & KVM Switches, Firewall, Redhat Linux, Solar winds, Dell Servers, Network Monitoring System etc. installed at GUVNL‟s Data Centre. The scope of work comprises of comprehensive maintenance of these hardware and software.

1.2 Overview GUVNL have deployed various equipments mentioned in Annexure-B installed at e-Urja Data Centre. These equipments are under Annual Maintenance Contract. GUVNL is planning to cover these equipments under Annual Maintenance Contract (AMC) for contractual period which includes support for the listed goods / items/ software/ tools for the period specified in this document.

1.3 Eligibility Criteria The Bidders must meet the following eligibility criteria No.

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Eligibility Criteria The bidder company shall be a Reputed Company incorporated in India (registered company under the Companies Act 1956 with Registrar of Companies) OR Company registered in other country and operations center at India. The bidder company shall have a valid Service Tax Registration Number, PF Code and PAN.

Documentary Proofs Required Attested copy of Certificate of Incorporation (Registration) issued by the Registrar of Companies and Certificate of Shareholding issued by the respective Company Secretary, as applicable or other relevant document of registration and evidence of development center in India Attested copies of the Service Tax registration certificate, PF code and PAN card in the name of bidder company.

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The bidder company shall have been in Certificate of Commencement of Business issued operation for at least 05 years as of by the Registrar of Companies in the name of 01.04.2016 bidder company.

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The bidder company shall have annual turnover of Rs. 5 Crore or more per annum in each of the last 3 financial years.

Audited financial statements of the company/ annual reports for the respective financial years. The financial statements must distinctly describe the revenue heads.

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The company must have Experience in providing services in India for Government of Gujarat, India or PSUs.

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05 (five) Years‟ similar kind of at least one Government of

Copy of Work Order showing the activities carried out and order value during last 5 years. List of Government of Gujarat, Government of India or PSUs Clients along with a copy of satisfactory work completion certificate issued by order issuing authority. The bidder company should not have Details, if any, in context of this clause shall be been black listed or given “stop deal” provided. Self-declaration in this regard to be notice by any of the Govt. of Gujarat provided by bidder in technical bid. agencies / Government of Gujarat/Government of India/ PSUs. Bidder must submit a detailed statement To be provided on company letter head and a copy of facts and profile of company including of Power of Attorney duly notarized in favor of year of commencement of business, Authorized Signatory. Internet site details, name and title of the Authorized signatory for their Bid, their contact numbers and e-mail address Bidder must submit the satisfactory work Certificate from order placing authority for completion/ satisfactory performance satisfactory work completion/ satisfactory report of at least one or more projects of performance report of at least one or more projects similar type of this RFP of similar type of this RFP and size of the project. The bidder company must submit To be provided on company letter head. undertaking to provide technical support including spares, patches, OS installation / updating, software version upgrade etc. Bidder should have Cisco Back to Cisco Authorization letter on OEM letter-head in back support for Cisco 6509E Switch name of bidder.

including software subscription/ patch support / telephone support.

In case of device failure and it is to be carried out to service center then standby device should be provided. These eligibility criteria are neither exhaustive nor in any particular order of significance. Any bid not meeting these minimum eligibility criteria is liable to be rejected by GUVNL. Proposal Evaluation

Initially technical bids will be opened and evaluated. Those bidders who satisfy the technical requirements of the solution as per the requirements/specifications and the terms and conditions of this document, shall be short-listed. Commercial bids shall be opened only for the short-listed bidders who have qualified in the technical bid. Price Evaluation L1 will be finalized on overall lowest rates of Schedule B of price bid except taxes. The AMC involves the services as well as material required to be replaced on failure; hence the service tax will be payable @ 70% of 15 % & VAT / CST will be paid @ 80% of contract value. Page: 6

SECTION 2 TECHNICALREQUIREMENTS 2.1 Annual Maintenance Contract for non-IBM equipments mentioned below. List of equipments (hardware & software) to be covered under Comprehensive Annual Maintenance Contract installed at e-Urja Data Centre, GUVNL, Vadodara. Sr.

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Item Name

Load Balancer

2 UPS *

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4

Antivirus / Antispam

Core DC Switch

Make

Model

Qty

Radware

WSD Pro+

2

HiPlus

Hipluse 300 KVA

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McAfee

McAfee Secure Content Management 3100

CISCO

CISCO 6509E

KVM AutoView2000 (6 nos), KVM Auto View 2015(1nos), KVM Switch View(1nos),

Other Remarks Plat form: PPC 7410 processor Ports:16 Fast Ethernet + 5 Giga Ethernet Software Version:7.56.20 BWM Version:2.30.15 Hardware Version:1.10 Flash Size (MB):8, RAM Size (MB):256 Total 612 Battery Power Pack 204 cells - each VRLA 2v,3090AH

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Hardware : McAfee Secure Content Management 3100 appliance Software : Email and Web Security Appliance (3100) v 5.6

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Cisco(OEM) Back to Back Hardware AMC including spares. Back to Back support available from CISCO on 24x7x4hr basis. IOS version : 12.2(18)SXD7b, 3 system modules and 5 line modules. Technical Details and Terms & Conditions as per Annexure B

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KVMs ( 8 nos) , Keyboard, mouse and display set (13nos)

KVM Switch with 5 keyboard, mouse and LCD Monitor.

AVOCENT

Firewall 6 Management Tool

Check Point

Checkpoint smart centre

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Version : NGX R60

7 Firewall

Check Point

Check Point VPN1(TM) & FireWall1(R) NGX (R60)

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Version : NGX R60

Network 8 Monitoring Tool

Orion Solar winds

Orion Solar winds NPM

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Version 7.8.3

Keyboard and mouse set ( 13 nos), LCD Monitors (13 nos)

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9 Linux 10 Rack

Red hat Local

11 Servers

Dell

Red hat Linux President make Power Edge R610 1U

* UPS batteries are excluded from AMC support

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RH enterprise advance server 4 or Higher Racks which includes Power Strips, Rack Fans

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Technical details at Annexure C.

SECTION 3 3.1

Scope of Work

The bidder must describe capability to provide a superior standard of ongoing product support. Bidder‟s response should identify for a projected contractual period AMC support. • Support is to be provided on-site, call basis, telephone, fax, e-mail etc • Number and skill levels of support staff • Τools used to record and monitor support calls • The problem escalation process for unresolved cases • Ability to provide support for problem diagnosis and its rectification • Τhe standard service levels for support provided The bidder shall undertake to maintain the total solution for a minimum period of three year from the date of the acceptance of the contract. However, GUVNL reserves right to enter into AMC for one or more years. If the Bidder fails to offer AMC for three years, then the Bid is liable for rejection. Successful bidder have to take over the charge from existing AMC vendor which includes Logical Understanding of existing configuration, Technical Details, Diagram, Documents, Manuals, User Name and Password etc.. of each equipments. A period of 10 days would be allowed for taking over the AMC from the previous AMC vendor. No remuneration shall be paid for these days and AMC will be begin from the date of taking over completely and independently. The scope of work for the maintenance period shall include: The correction of any defects that may arise from the design or workmanship or from any act or omission of the Supplier that may develop under normal use of the existing systems. The bidder shall give commitment to provide maintenance at the price quoted and finally accepted for THREE years. As part of the maintenance contract, the bidder will provide software updates, bug fixes, patches etc. of all the Application/system Software and Custom Software included in the Annexure B of upgrade and also carry out its implementation. If any of AMC components replaced/upgraded by GUVNL during contract period, proportionate amount from order shall be deducted accordingly.

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Onsite Support Engineer Conditions Bidder shall deploy at a time 1(one) No. Service Engineer with following qualifications & experience:Qualifications & Experience of Service Engineer B.E. or B. Tech. in Information Technology / Electronic Communications / Computer Science from recognized Institute with Five years of experience in the maintenance of range of systems to be maintained or equivalent OR Diploma in Information Technology/Electronic Communications//Computer Science from a recognized Institute with minimum 8 (Eight) years of experience in maintenance of range of systems to be maintained or equivalent. Bio-data of Personnel Bidder shall submit the Bio-data to GM IT(GUVNL), Vadodara along with attested copies of qualifications & experience in respect of the Support Engineer within 30 days of PLACEMENT OF LOA/LOI (Letter of Award). Besides possessing the above qualifications, the Service Engineers should be able to perform the duties in accordance with the Scope. GUVNL shall notify the bidder of acceptance or denial of the requested manpower.

Substitution of Personnel Bidder has to ensure placement of qualified engineers, bidder shall not substitute key personnel without the prior approval of GUVNL. To replace any personnel, bidder shall submit resumes of the proposed personnel specifying their qualification and experiences. All proposed substitute personnel shall have qualifications equal to or better than those of the replaced personnel and must be approved by the GUVNL. Whenever manpower plans for leave, bidder should intimate GUVNL with conversant replacement manpower well in advance i.e. 7 days in case of planned leave and at least 24 hours before in case of exigencies. Such manpower leave has to be approved from GUVNL authorities. GUVNL shall notify the bidder of acceptance or denial of the requested substitution. During the change of personnel, there shall be adequate overlap of transition period to the satisfaction of GUVNL, which shall not be less than one month.

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3.2

Service Level Agreement

Performance Measurement – SLA

This section describes metrics or Service Level Agreements that will be used to measure the performance of the hardware and associated infrastructure.  The equipments up-time should be 99.7 % on 24X7 basis calculated per quarter  The following severity level classifications have been established to provide a service-delivery monitoring and evaluation mechanism.  High Severity Category: Those requests that stop the system completely.  Medium Severity Category: Those requests that stop the system but have some workarounds to keep the system running.  Low Severity Category: Those requests that do not stop the system but will be required to improve the performance and maintenance of the system.  Category of severity will be decided by GUVNL.  Support services would be provided on 24X7 basis.  Support service includes Telephonic support and remote assistance.  Onsite support engineer should be present at GUVNL, Data Center during GUVNL working hours.  Manpower should be available within 30 minutes of incident occurrence during non-working hours.  Support will be prioritized based on the following parameters: Acknowledgement/Resolution Time Severity of the Maximum Incident Acknowledgement Time

Maximum Resolution Time (In case Spares are not required)

Maximum Resolution Time (In case Spares are required)

1 High 2 Medium 3 Low

1 hour 1-2 hours 10-14 hours

2 hours 3-4 hours 18-20 hours

30 min 1 hours 2 hours

Bidder shall depute one residential service engineer to perform such service level operations (SLA) and for the purpose of maintaining the equipments for contractual period from the date of order. In addition to this, Bidder has to provide telephonic support also. 3.3 Penalty: 1. Failing meeting SLA terms shall attract penalty of Rs 5,000/- per incident per day, over and above clause mentioned below. 2. Time is the essence of the Agreement / contract. The Vendor will be liable to pay GUVNL liquidated damages (LD) @ half percent ( 0.5%)per day but limited to the maximumof10%(including Rs. 5000/- per day as mentioned above) value of agreement /contract inclusive of all taxes, duties, levies etc. due to any delay in performance or non-performance of any or all the obligations under the agreement /contract. This condition will not be applicable for reasons attributable to GUVNL as well as Force Majeure. 3. Any non-availability of manpower should attract penalty of Rs 1,000/- per day per person after starting of contract. Page: 11

GUVNL will have the right to recover the liquidated damages, if any, from any amount pay able to the Vendor. Also, if the specifications of the RFP are not met by the Vendor during various tests, the Vendor shall rectify or replace the same to comply with the specifications immediately to ensure the committed uptime, failing which GUVNL has the sole right either to reject or to accept it finally by recovering the suitable amount as deemed reasonable by GUVNL. Noncompliance of uptime shall result in extending the Warranty Period on pro-rata basis or recovering the suitable amount as deemed reason able by GUVNL. Further, “GUVNL reserves the right to terminate the Contract (i.e. Works order) at any time, without assigning any reasons, whatsoever, by giving a notice period of ONE month from the date of Notice of termination of the Contract. Suppliers will not be entitled for any compensations / damages / losses, whatsoever, on account of such termination of the Contract.”

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SECTION 4 4.1

Bidders Response Sheet

1. Bidder The registered name of the Bidding company and business address for correspondence Location Street Locality City PinCode Country Telephone Facsimile Email Other 2. Contact Name of the Bidder 3. Contact’s Position with Bidder Contact addresses if different from above Location Street Locality City Pin Code Country Telephone Facsimile Email Other Business Structure Bid Company‟s Registered Address 4. Details of company registration Names of Directors /Chairman President/Managing Director / Directors include a structure chart reflecting the organization Chart

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SECTION 5 COMMERCIALTERMS AND CONDITIONS

Introduction This section lays down the general and commercial terms and conditions and describes the bidding process including content and form of responses.

5.1 Submission of Bids The Bidders should submit their responses in two parts, 1. The Technical Bid physically. 2. The Commercial Bid on-line only. All Bids and supporting documentation shall be submitted in English. All costs and charges indicated in the price Bids should only be in Indian Rupees. The sealed envelope containing Technical responses shall be super scribed “Technical Bid for* * * * * * against RFP no _______dated _______”in the top left hand corner. Bidders are instructed not to submit their price bid in physical form. The Bids which are not submitted as indicated above are liable to be rejected. GUVNL will not be liable for Postal or any other delay, non-receipt/non-delivery of documents, loss of documents in transit, etc., if any. Bidders are requested to submit a “soft copy” version of their Technical responses on a CD in Microsoft Office Word 2003 format over and above the hard copy of technical bid only. Softcopies are to be sealed with the respective Technical Bid envelopes. All pages of the Bid including Brochures are to be numbered as Page --- (current page)of ---(total pages). The numbering shall be done for the whole Bid and not section-wise. The envelope shall be dated with the current date in the top right hand cornerand addressed as below: Chief Engineer(Tech),GUVNL Sardar Patel Vidyut Bhavan, Race Course, Vadodara–390007

5.2 General Terms and Conditions •

The bidders are advised to study all technical and commercial aspects, instructions, annexure, terms and specifications in the proposal carefully. Failure to furnish all information required in the Tender Document or submission of a bid not substantially responsive to the Tender document in every respect will be at the bidder‟s risk and may result in the rejection of the bid.

•

The quotations shall be submitted strictly in conformity with the specifications given Page: 14

in this tender document. The tenders not submitted in the prescribed format or incomplete in any manner are likely to be rejected without assigning any reasons. •

Tender document is not transferable.

•

Quotations submitted after due date or incomplete in any respect are liable to be rejected.

•

Technical bid would be opened first. GUVNL reserves the right not to process the price Bids in case the Technical Bid is found to be unsuitable/not fulfilling the requirements as specified in the tender document.

•

The equipment/products replaced should not be from the discontinued production line. In case of discontinuation of the production line after the issue of AMC order, the bidder shall supply the next higher configuration on the same terms.

•

The bidder will be deemed to have accepted the terms and conditions of the RFP by responding to GUVNL for RFP.

5.3

Rights of GUVNL

This RFP entails an invitation by GUVNL for bidder response for the AMC of non-IBM equipments (other than IBM) installed at e-Urja Data Centre. It does not imply an offer by GUVNL. Thereby, there will be no contractual obligation until a formal contract is executed by the authorized signatories of GUVNL and the selected bidder. With regard to the RFP,GUVNL has the following rights: • • • • • • • • • • • 

5.4

Accept or reject any of the proposals. Alter the RFP. Ask for re-submission. Request clarification from bidders. Terminate the RFP process, partially or entirely. Modify the specifications during the process. To negotiate with any or all Bidders To accept any Bid in whole or in part To release order, part order or more than one order To finalize the bill of material and repeat orders. To evaluate the Bids based on reasonability and workable offer, especially with regard to Annual Maintenance solution under this RFP. To issue the amendments to the RFP at any time, prior to the dead line for the submission of Bids.

Prices

The price quoted should be exclusive of Service Tax, Sales tax /VAT, as mentioned in Schedule B, with three years warranty if any, which shall be paid as per actual on production of relevant documents (Billed to GUVNL only), in original. The prices quoted by the bidders shall be in Indian Rupees only. The Bids shall be valid for a period of four MONTHS from the closing date for Page: 15

submission of the Bid. Initially, the order will be placed for one year & after satisfactory performance, the order shall be placed for the next year with price escalation on first year price for 2nd year and further 5% escalation on 2nd year price for 3rd year based on offered / negotiated / accepted rates, terms & conditions.

5.5

Payment Terms

AMC payment shall be released on quarterly basis after completion of the quarter i.e. ¼th of price quoted for each year of AMC within 30 days from the date of submission of invoice along with certification by GM (IT), GUVNL. GUVNL shall deduct TDS at the prevailing rate as per the provisions of the Income Tax Act, 1961.

5.6

Tender Fees

Tender fee of Rs. 1,000/- (Rupees One Thousand Only)(Non- refundable) should invariably be paid by way of Demand Draft; otherwise offer will be ignored out rightly Indian Postal Orders (IPO’s) &Chaque are not acceptable. Demand Draft should be in the name of “Gujarat Urja Vikas Nigam Ltd.”, payable at Vadodara. The envelope shall be addressed to the Chief Engineer (Tech) of GUVNL. GUVNL shall not be responsible for the transit loss or misplacement. Alternatively, the tenderers can pay the tender fee in CASH (at GUVNL, HO, Vadodara-Cash counter) and enclose the original Money receipt in the EMD cover. Demand Draft/ Original Money receipt for tender fee must be kept in the cover of EMD; otherwise the offer is liable to be rejected.

5.7 Earnest Money Deposit 

• • •

• • •

EMD of Rs. 40,000 (Rs. Forty thousand only) is payable. The EMD is payable by Demand Draft in favour of: “The Gujarat Urja Vikas Nigam Limited” on any schedule / Nationalized banks in Vadodara. It can also be furnished by way of an irrecoverable Bank Guarantee from any nationalized Bank as per Govt. GR No. EMD / 10 / 2015 / 508 / DMO dated 27.04.2016 in a standard format prescribed by GUVNL (Format given in this tender document). The Technical Bid shall be accompanied by Earnest Money Deposit (EMD). The EMD shall be returned to the technically selected Bidder on submission of SD. For other Bidders, the EMD shall be returned after award of contract to the selected Bidder. No interest will be paid on EMD. All Bidders, or their authorized representatives, in their own interest are expected to remain present at the time of the opening of the Technical Bid. Only two persons per Bidder will be allowed to be present at the time of the opening the Technical Bids. Incomplete Bid(s), conditional Bid(s), Bid(s) not conforming to the terms and conditions, Bid without Tender Fee &EMD are liable for rejection by GUVNL. If the submission does not include all the information required or is incomplete, the proposal is liable to be rejected. All submissions, including any accompanying documents, will become the property of Page: 16

GUVNL. Recipients shall be deemed to license, and grant all rights to GUVNL to reproduce the whole or any portion of their submission for the purpose of evaluation, to disclose the contents of the submission to other Recipients and to disclose and/or use the contents of the submission as the basis for any resulting RFP process, notwithstanding any copyright or other intellectual property right that may subsist in the submission or accompanying documents. EMD will be forfeited (i) if the tender, which it covers, is withdrawn during the validity of the offer and (ii) the Tenderer fails to furnish / deposit the security deposit as per below clause no.12. EMD of the unsuccessful tenderer’s will be returned within 60 days of placing of the order with the successful Tenderer and when the Tenderer returns to the Accounts Officer (Billing) of GUVNL, the original receipt of the EMD together with the advanced stamped receipt.

5.8

Security Deposit cum Performance Bank Guarantee

The successful bidder shall have to pay 10% of the value of the order as a Security Deposit within 21 days of the LoI / LoA, either in the form of Bank Guarantee, or a separate DD payable at Vadodara, valid for the entire contract period-till the completion of the order in all respects towards satisfactory execution and performance of the order. The Bank Guarantee shall be executed on the standard form prescribed by GUVNL. The bank guarantee shall be from any Bank as per Government GR No EMD / 10 / 2015 / 508 / DMO dated 27.04.2016. In case SD is paid by way of DD, no interest shall be paid thereon for the period for which it remains with the customer. The security deposit cum PBG for an interim period will not be allowed. “The supplier / contractor / party (i.e. tenderer) has to give Bank Guarantee with validity period of additional 01 (one) month i.e. more than actual Guarantee / Warranty period (depending upon product) to safeguard Company‟s interest in case of any eventuality happening on the last day of the Guarantee / Warranty period after office hours of the Bank or Bank holidays.” If the full Security Deposit amount is not paid within 21 days after the receipt of the Letter of Intent / Letter of Acceptance, then the LoI / LoA will be out rightly cancelled at the risk & cost of the Tenderer (at the discretion of GUVNL) and without entering into any correspondences and this will be binding on the Tenderer.If the Tenderer fails to pay the Security Deposit or defaults in execution of the orders placed or if GUVNL suffers any financial loss due to this, then GUVNL will be at liberty to adjust the amount from other orders of the same firm or by encashing the Bank Guarantee. The Successful bidder has to sign contract agreement within 21 days of issuance of LoA / LoI i.e. before placement of order.

5.9

Re-Installation and Re-Configuration The Bidder shall be responsible for re-installation and re-configuration of the Systems including cabling and other related activities such as unpacking, uncrating, Page: 17

inspection etc. for which GUVNL shall provide the required space, if required. While, unpacking and installation the Bidder shall have to check the physical availability of items as per the packing list. Delivery of goods or products shall be deemed to have been made when the contents of the cases, boxes or packages are witnessed together by GUVNL and the Bidder or their representatives, to be identical to those listed in the packing list included there in. Delivery is considered complete once the items are installed. However, this proof of delivery to the final destination shall in no way absolve/release the Bidder from the performance of his warranty obligations under the agreement/contract.

5.10 Arbitration: All questions, disputes or differences whatsoever which may at any time arise between the parties to this agreement touching the agreement or subject matter thereof, arising out of or in relation there to and whether as to construction or otherwise shall be referred to the decision of the Sole Arbitrator, appointed by the Chairman, GUVNL, for that purpose, who shall be a retired High Court Judge or retired District and Sessions Judge, and the decision of the said Arbitrator shall be final and binding upon the parties. Reference to the arbitration shall be governed by the provisions of Indian Arbitration & Conciliation Act., 1996 as amended from time to time and the rules made there under.

5.11 Jurisdiction: All questions, disputes or differences arising under/ out of or in connection with the Tender / Contract if concluded shall be subject to the exclusive jurisdiction of the court under whose jurisdiction the place from which the tender / Acceptance of tender is issued, is situated i.e.Vadodara. 5.12 STATUTORY VARIATION: Any statutory increase or decrease in the taxes and duties subsequent to suppliers offer if it takes place within the original contractual delivery date will be to GUVNL‟s account subject to the claim being supported by documentary evidence. However, if any decrease takes place after the contractual delivery date, the advantage will have to be passed on to GUVNL. 5.13 TERMINATION OF CONTRACT: In case, the successful bidder fails to carry out the work within contractual period, GUVNL shall exercise its discretionary power either: a) To recover, from the successful bidder as agreed, by way of penalty clause above, or b) To carry out the work from elsewhere at the risk and cost of the successful bidder after giving due notice to the successful bidder on account without canceling the contract or c) To cancel the contract. Page: 18

In the event of to carry out the work at risk and cost of the successful bidder, the opinion of GUVNL shall be final. In the event of action taken under clause (a) or (b) above, the successful bidder shall liable to pay for any loss which GUVNL may sustain on that account but the successful bidder shall not be entitled to any saving on such purchases made against default. Further, “GUVNL reserves the right to terminate the Contract at any time, without assigning any reasons, whatsoever, by giving a notice period of ONE month from the date of Notice of termination of the Contract. The successful bidder will not be entitled for any compensations / damages / losses, whatsoever, on account of such termination of the Contract.

5.14 Repeat Order/Additional Order GUVNL reserves the rights to place repeat orders/ additional orders up to 25% of ordered value on the Contractor of the original quantity of the order at the same prices or prevalent market price whichever is lesserat the same rate, terms and conditions stipulated in the original contract during contractual period.

5.15 Contractor to Indemnify the Customer The contractor shall indemnify the Customer and every member office and employee of the Customer, also the Project Director and his staff against all actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or in connection with the matters referred in this document and elsewhere and all actions, proceedings, claims, demands, costs, and expenses which may be made against the Customer for or in respect of or arising out of any failure by the contractor in the performance of his obligations under the contract documents. The Customer shall not be liable for or in respect of any demand or compensation payable by law in respect or in consequence of any accident or injury to any workmen or other person. In the employment of the contractor, the contractor shall indemnify and keep indemnified the Customer against all such damages and compensations and against all claims, damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto. Should the Customer have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the costs incurred by the Customer shall be charged to and paid by the contractor and the contractor shall not be at liberty to dispute or question the right of the Customer to make such payments notwithstanding the same may have been made without the consent or authority or in law or otherwise to the contrary.

5.16 Insurance Employee state insurance act The contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by the employee‟s state insurance act 1948. The contractor further agrees to defend, indemnify and hold Customer harmless for any Page: 19

liability or penalty which may be imposed by the central, state or local authority by reason of any asserted violation by the contractor or sub-contractor of the employees state insurance act 1948, and also from all claims suited or proceeding that may be brought against the Customer arising under, growing out of or by reasons of the work provided for by this contractor whether brought by employees of the contractor, by third parties or central or state Government authority or any political sub-division thereof. The contractor agrees to fill in with the employee state insurance corporation, the declaration forms, and all forms which may required in respect of the contractor or sub contractors employee, who are employed in the work provided for or those covered by ESI from time to time under agreement. The contractor shall deduct and secure the agreement of the sub contractor to deduct the employees‟ contribution as per first schedule of the ESI act. Workmen’s compensation and employer’s liability insurance Insurance shall be affected for all the contractor‟s employees engaged in the performance of this contract. If any of work is sublet, the contractor shall require the subcontractor to provide workmen‟s compensation and employer‟s liability insurance for the latter‟s employees if such employees are not covered under the contractor‟s insurance. Any other insurance The contractor shall also carry any and all other insurance, which he may be required under any law or regulation from time to time without any extra cost to the Customer. Accident or injury to workmen The Customer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequences of any accident or injury to any workmen or other person in the employment of the contractor or any sub-contractor.

5.17 Code of Conduct Third Party Representation The parties which have business dealings with the Contractor but are not a part of Consortium such as consultants, agents, sales representatives, distributors, contractors, etc. shall not be authorized to represent the Contractor if their business conduct and ethics are known to be inconsistent with the Code. Ethical Conduct Every employee of the Contractor organization which shall include directors shall deal on behalf of the Contractor with professionalism, honesty, integrity as well as high moral and ethical standards. Such conduct shall be fair and transparent and be perceived to be as such by third parties. Regulatory Compliance Every employee of the Contractor shall, in his business conduct, comply with all the applicable laws and regulations, both in letter and in spirit, in all the functional areas he is working. If the ethical and professional standards set out in the applicable laws and Page: 20

regulations are below that of the code of conduct then the standards of code of conduct shall prevail. Concurrent Employment Any employee of the Contractor working for e-Urja end-to-end IT solution shall not, without the prior consent of the Customer, accept employment or a position of responsibility (such as consultant or a director) with any other organization, nor provide "free-lance services" to anyone.

5.18 Completion of the Contract Transfer of Title The title of ownership of supplies furnished by the contractor shall not pass on to the Customer for all supplies till the Customer finally accepts the same after the successful completion of Performance and guarantee test and issue of final certificate. Completion of the contract Unless otherwise terminated under the provisions of any other relevant clause, this contract shall be deemed to have been completed at the expiration of the period of liability as provided for under the contract. Release of information The contractor shall not communicate or use in advertising, publicity sales releases or in any other medium, photographs, or other reproduction of the work under this contract or description of site dimension, quantity, quality or other information concerning the work unless prior written permission has been obtained from the Customer.

5.19 Confidentiality of Matter The Customer and the Contractor shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any documents, data or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract. Notwithstanding the above, the contractor may furnish to its Sub contractor(s) such documents, data and other information it receives from the Customer / Project Director to the extent required for the Sub contractor(s) to perform its work under the Contract, in which event the Contractor shall obtain from such Sub contractor(s) an undertaking of confidentiality similar to that imposed on this Contractor under this Clause. The Customer shall not use such documents, data and other information received from the Contractor for any purpose other than the operation and maintenance of the Facilities. Similarly, the Contractor shall not use such documents, data and other information received from the Customer / Project Director for any purpose other than the performance of this Contract.

Page: 21

The obligation of a party under these Clauses shall not apply to that information which now or hereafter enters the public domain through no fault of that party. The provisions of this Clause shall survive termination, for whatever reason, of the Contract. The Contractor shall be required to enter into a separate confidentiality Agreement with the Customer.

5.20 Safety Codes Contractor shall adhere to safe practice and guard against hazardous and unsafe working conditions and shall comply with Customer‟s safety rules as set forth. The contractor shall observe and abide by all fire and safety regulations of the Customer. Smoking within the Customer premises is strictly prohibited. Violators of the no smoking rules shall be discharged immediately. The contractor shall take requisite precautions and use his best endeavors to prevent any riotous or unlawful behavior by or amongst his workmen and others employed on the works and for the preservation of peace and protection of the inhabitants and security of property in the neighborhood of the work. In the event of the Customer requiring the maintenance of a special police force at or in the vicinity of the site during the tenure of works, the expenses thereof shall be borne by the contractor and if paid by the Customer shall be recoverable from the contractor.

5.21 Rights of Various Interests The Customer reserves the right to distribute the work between more then two agencies. The contractor shall cooperate and afford other agencies reasonable opportunity for execution of their works. Wherever any work being done by the department of the Customer or by the other contractor employed by the Customer is contingent upon the work covered by this contract, the respective rights of the various interests involved shall be determined by the Project Director to secure the completion of the various portion of the work.

5.22 Delays by the Customer In case the contractor„s performance is delayed due to any act or omission on the part of the Customer or his authorized agent, then the contractor shall be given due extension of time for the completion of the work to the extent such omission on the part of the Customer has caused delayed in contractor „s performance of work. No adjustment in the contractor„s price shall be allowed for reason of such delays and extension granted, except as provided in bid where in the Customer reserves the right to seek indulgence of contract to maintain the agreed time of completion.

5.23 Notices All notices required or permitted to be given by one party to the other under this Agreement will be sufficient if sent by certified mail, return receipt requested, to the parties at the respective addresses first set forth above or to such other address as the party to receive the notice has designated by notice to the other party pursuant to this paragraph.

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5.24 Severability If any provision of this Agreement or any Schedule attached hereto is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of this Agreement and the Schedules will not be impaired thereby.

5.25 No Waiver The failure by any party to exercise any right or remedy provided for herein will not be deemed a waiver of any right or remedy hereunder.

5.26 Complete Agreement The terms and conditions of the Schedules attached hereto are incorporated into this Agreement by this reference and shall constitute part of this Agreement as if fully set forth herein. In the event of a conflict between the terms of this Agreement and any Schedule, the terms of the Schedule shall control.

5.27 Force Majeure If, at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, act of public enemy, civil commotion, sabotage, fires, floods, earthquakes, explosions, epidemics, quarantine restrictions, strikes, lockout or acts of God (hereinafter referred to as event)”, then provided notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurrence there of neither party shall by reason of such be entitled to terminate this contract nor shall either party shall have any claim for damages against the other in respect of such non-performance of delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Steering committee as to whether the deliveries have been so resumed or not shall be final and conclusive. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the Customer shall be at liberty to take over from the Contractor at a price to be fixed by the Customer, which shall be final, all acceptable deliverables in the possession of the Contractor at the time of such termination or such portion thereof as the Customer may deem fit accepting such deliverables.

5.28 Limitation of Liability Notwithstanding anything contained herein, neither Party shall be liable in contract, tort or otherwise howsoever arising out of or in connection with the Contract for any loss of profits, business, anticipated savings, revenue and/or any indirect or consequential loss or liability howsoever caused. In no event shall the total liability of the Contractor to the Customer/Consultant or in connection with or arising out of the Contract shall exceed the amounts received by the Page: 23

Contractor from the Customer/Consultant under the Contract or 20% of the contract value , whichever will be higher.

5.29 Non-Solicit The parties hereby agree that they shall not solicit to employ or contract the services of any person who is or was employed by the other party during the term of this Agreement without prior written consent of the other party.

5.30 Relationship of the Parties Contractor shall perform all Services as mentioned in this document as an independent contractor, and nothing contained herein shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant, or employer and employee between the parties hereto or any affiliates or subsidiaries thereof, or to provide either party with the right, power, or authority, whether express or implied, to create any duty or obligation on behalf of the other party.

5.31 Survival The clauses such as Arbitration, IPR, Publicity which by their nature ought to survive the termination/expiration of this Agreement, shall so survive termination/expiration of this Agreement.

5.32 . Revision of prices or any commercial terms affecting the price after opening of technical bids shall not be considered and will be ignored.

Page: 24

Annexure A Scope of work for Back to Back OEM support for CISCO 6509E Switch shall include. 1. 24x7x4 Hr Support Window is 24x7 and part delivery at customer location in 4 hours. 2. All OS patches/updates will be available through CISCO site. 3. Bidder will coordinate to open any CISCO TAC support ticket if required. Cisco 6509-E Switch Technical Inventory:Sr No 1 2 3 4 5 6 7 8 9 10 11 12

Cisco PID WS-C6509-E WS-C6K-VTT-E WS-C6K-VTT-E WS-C6K-VTT-E CLK-7600 CLK-7600 WS-X6K-SUP2-2GE WS-F6K-MSFC2 WS-F6K-PFC2 WS-X6K-SUP2-2GE WS-F6K-MSFC2 WS-F6K-PFC2

13 14 15 16 17 18 19 20 21

WS-X6066-SLB-APC WS-X6148-GE-TX WS-X6148-GE-TX WS-X6148-GE-TX WS-X6148-GE-TX WS-X6148-GE-TX WS-C6509-E-FAN WS-CAC-2500W WS-CAC-2500W

Description Cisco Systems Catalyst 6500 9-slot Chassis System VTT-E FRU 1 VTT-E FRU 2 VTT-E FRU 3 OSR-7600 Clock FRU 1 OSR-7600 Clock FRU 2 WS-X6K-SUP2-2GE 2 ports Catalyst 6000 supervisor 2 Rev. 5.3 WS-F6K-MSFC2 Cat6k MSFC 2 daughterboard Rev. 2.9 WS-F6K-PFC2 Policy Feature Card 2 Rev. 3.5 WS-X6K-SUP2-2GE 2 ports Catalyst 6000 supervisor 2 Rev. 5.3 WS-F6K-MSFC2 Cat6k MSFC 2 daughterboard Rev. 2.9 WS-F6K-PFC2 Policy Feature Card 2 Rev. 3.5 WS-X6066-SLB-APC 4 ports SLB Application Processor Complex Rev. 1.8 WS-X6148-GE-TX 48 port 10/100/1000mb EtherModule Rev. 1.1 WS-X6148-GE-TX 48 port 10/100/1000mb EtherModule Rev. 1.1 WS-X6148-GE-TX 48 port 10/100/1000mb EtherModule Rev. 1.1 WS-X6148-GE-TX 48 port 10/100/1000mb EtherModule Rev. 1.1 WS-X6148-GE-TX 48 port 10/100/1000mb EtherModule Rev. 1.1 Enhanced 9-slot Fan Tray 1 110/220v AC power supply 2500 watt 1 110/220v AC power supply 2500 watt 2

Page: 25

Serial No SMG0941NFXK SMT0936C810 SMT0936D258 SMT0936C624 SMT0934D693 SMT0934D693 SAL09486HTD SAL09412KGJ SAL09486C2W SAL094657L0 SAL0938129P SAL094658UF SAD094803UK SAL09391H80 SAL09391GCN SAL09391H7E SAL093706C5 SAL09391FGB DCH09430795 ART0929E0P4 ART0929E0NV

Annexure B Details of Dell Servers Sr.No. 1 2 3 4 5 6 7 8 9

Make/Model Dell Power Edge Dell Power Edge Dell Power Edge Dell Power Edge Dell Power Edge Dell Power Edge Dell Power Edge Dell Power Edge Dell Power Edge

R610 R610 R610 R610 R610 R610 R610 R610 R610

Serial Number GLKT4BS BLKT4BS 9LKT4BS DLKT4BS FLKT4BS CLKT4BS 8LKT4BS 2S3N5BS 3S3N5BS

1U 1U 1U 1U 1U 1U 1U 1U 1U

Following is the configuration for each of the above servers. Manufacturer: Dell Model Power Edge R610 1U 2 * quad core Intel® Xeon® CPU E5530 @ 2.40 GHz Memory : 8 GB DDR2 RAM HDD : 3 * 146 GB 10 K rpm Hot Swappable 2.5” SAS drives SAS Raid controller with RAID 0,1, 1+0, 5 2 No. Multifunction Gigabit Network Adapters 3 USB 2.0.Ports, 1 Remote management port Internal DVD ROM Redundant Hot Plug Power supplies 1 * 4 Gbps FC HBA (PCI-X/PCI – Express based)

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ANNEXURE–C LIST OF PERFORMANCE CERTIFICATES SUBMITTED WITH THE TECHNICALBID

Sr. Name of the authority by whom No. Certificate is issued

1

Ref. No & Date

2

3

Page: 27

Details of Items

4

Annexure D- (Checklist) CHECKLIST The bidder shall confirm whether following are submitted in their bid. The bidder shall indicate the page no. at which the details asked below are furnished, otherwise, bid is liable for rejection. Vendor must fill up below details & should place at the top of the Technical Bid. Sr. DETAILS No. 1 2 3 4 5 6

Submitted (Yes/No)

Technical bid. Bid in English, Sealed and Super scribed. Tender Fee / EMD Submitted with Technical Bid-EMD cover kept as separateenclosure. Whether the Bid is authenticated by authorized Person All the pages are numbered properly All pages are authenticated by sign and seal (Full signature to be affixed and not initials).Erasures/ Overwriting/Cutting/Corrections authenticated Certification/Undertaking is authenticated.

7

Whether the documents indicating the financial turn over For the last three years attached.

8 9 10 11

Security Deposit Terms Agreed:(Specify YES/NO.) Validity of The Offer Agreed:(Specify YES/NO.) Payment Terms Agreed:(Specify YES/NO.) Performance Guarantee Terms Agreed (YES/NO.)

Page: 28

Page No. at which details are enclosed

ANNEXURE-E TECHNICAL DEVIATIONS IF ANY TO BE FURNISHED IN THIS ANNEXURE ONLY AND TO BE SUBMITTED WITH TECHNICAL BID.

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ANNEXURE-F (UNDERTAKING IN REGARD TO STOP DEAL / BANNED FOR BUSINESS DEALING / BLACK LIST THEREOF).

Sub: Undertaking in regard to Stop Deal / Banned for Business dealing / Black List Thereof. Ref: Tender No.:

All bidders will have to furnish the following undertaking duly filled in, signed and stamped for each quoted item of the tender along with the Technical Bid. --------------------------------------------------------------------------------------------------

I / We ________________________________________________________ authorized signatory of M/S ______________________________________ here by certify that M/S __________________________________________ and their proprietor / any partner / any directors of the firm is not stop deal and/or banned for business dealing and/or black listed by GUVNL and/or their any subsidiary company viz. GSECL / GETCO / DGVCL / MGVCL / UGVCL / PGVCL.

Signature of the Tenderer Seal of the Firm

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E. M. D. BANK GUARANTEE FORMAT FOR TENDER NO.: GUVNL / ____________________________ (BANK GUARANTEE ON NON-JUDICIAL STAMP PAPER OF Rs.100/-)

WHEREAS M/s. ____________________________________ (name & address of the Firm) having their registered office at _____________________________________ (address of the firms Registered Office) (hereinafter called the „Tenderer‟) wish to participate in the tender No. ____________________________________ for _______________________________________ of (Supply / Erection / Supply & Erection Work) (Name of the material / equipment / Work) for _________________________ Gujarat Urja Vikas Nigam Ltd. and WHEREAS a Bank Guarantee for (hereinafter called the “Beneficiary”) Rs._____________ (amount of EMD) valid till _________ (mention here date of validity of this Guarantee which will be 4 (FOUR) months beyond initial validity of Tender‟s Offer) which is required to be submitted by the Tenderer along with the Tender. We, ____________________________ (name of the Bank and address of the Branch giving the Bank Guarantee) having our Registered Office at ___________________________________ (address of Bank‟s Registered Office) hereby give this Bank Guarantee No. ________________ dated _________ and hereby agree unequivocally and unconditionally to pay immediately on demand in writing from the Gujarat Urja Vikas Nigam Ltd. or any Officer authorized by it in this behalf any amount not exceeding Rs. ______________ (amount of E.M.D.), (Rupees ____________________ _________________ (in words) to the said Gujarat Urja Vikas Nigam Ltd. on behalf of the Tenderer. We ___________________________ (name of the Bank) also agree that withdrawal of the Tender or part thereof by the Tenderer within its validity or Non-submission of Security Deposit by the Tenderer within one month from the date tender or a part thereof has been accepted by the Gujarat Urja Vikas Nigam Ltd. would constitute a default on the part of the Tenderer and that this Bank Guarantee is liable to be invoked and encashed within its validity by the Beneficiary in case of any occurrence of a default on the part of the Tenderer and that the encashed amount is liable to be forfeited by the Beneficiary. This agreement shall be valid and binding on this Bank up to and inclusive of ____________________ (mention here the date of validity of Guarantee) and shall not be terminable by notice or by Guarantor change in the constitution of the Bank or the firm of Tenderer Or by any reason whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, conceded with or without our knowledge or consent by or between the Tenderer and the GUVNL. Contd. ..2.. [P.T.O.]

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“Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this Guarantee shall not be assignable, transferable by the beneficiary (i.e. GUVNL or Subsidiaries). Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the Bank. Any invocation of the Guarantee can be made only by the beneficiary directly.” NOTWITHSTANDING anything contained hereinbefore, our liability under this guarantee is restricted to Rs. __________ (Amt. of E.M.D.) (Rupees ____________________________________) (in words). Our Guarantee shall remain in force till _________ (Date of validity of the Guarantee). Unless demands or claims under this Bank Guarantee are made to us in writing on or before _______ (Date of validity of the Guarantee), all rights of Beneficiary under this Bank Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under: Place: Date: Please Mention here Complete Postal Address of the Bank with Branch Code, Telephone and Fax Nos.

Signature of the Bank‟s Authorized Signatory with Official Round Seal.

NAME OF DESIGNATED BANKS: 1. All Nationalized Banks including Public Sector Banks IDBI Bank Ltd. 2. Private Sector Banks authorized by RBI to undertake the state Government business, which are (i) Axis Bank (ii) ICICI Bank (iii) HDFC Bank Note: The Banks shall be the Banks recognized / notified by the Finance Department, Government of Gujarat (GoG) from time to time.

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ONSTAMPPAPEROFRS.100/FORM OF BANKER’S UNDERTAKING [For Performance Guarantee (PG) for contract period as per Commercial Terms and Conditions of Tender]

We, Bank of ___________________________________ hereby agree unequivocally and unconditionally to pay immediately on demand in writing from the Gujarat Urja Vikas Nigam Ltd. or any Officer authorized by it in this behalf any amount up to and not exceeding Rs. ____________ (in words) Rupees __________________________ to the said Gujarat Urja Vikas Nigam Limited on behalf of M/s. ________________________ _____________________ who have entered into a contract for the supply/works specified below: L.O.A. No.__________________________dated_________. This agreement shall be valid and binding on this Bank up to and inclusive of ______________ and shall not be terminable by notice or by change in the constitution of the Bank or the firm of Contractors / Suppliers or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alterations made, given conceded or agreed, with or without our knowledge or consent, by or between parties to the said within written contract. “Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this Guarantee shall not be assignable, transferable by the beneficiary (i.e. GUVNL or Subsidiaries). Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the Bank. Any invocation of the Guarantee can be made only by the beneficiary directly.” “NOTWITHSTANDING” anything contained herein before, our liability under this guarantee is restricted to Rs. ___________ (Rupees _______________ ___________________ only). Our guarantee shall remain in force until ____________________ (Date of validity of the Guarantee). Unless demands or claims under this Bank Guarantee are made to us in writing on or before _______ (Date of validity of the Guarantee), all rights of Beneficiary under this Bank Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under: Place: Date: Please Mention here Complete Postal Address of the Bank with Branch Code, Telephone and Fax Nos.

Signature of the Bank‟s Authorized Signatory with Official Round Seal. Contd. ..2.. [P.T.O.]

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..2... NAME OF DESIGNATED BANKS: 1. All Nationalized Banks including Public Sector Banks IDBI Bank Ltd. 2. Private Sector Banks authorized by RBI to undertake the state Government business, which are (i) Axis Bank (ii) ICICI Bank (iii) HDFC Bank Note: The banks shall be the Banks recognized / notified by the Finance Department, Government of Gujarat (GoG) from time to time.

Page: 34

On stamp paper of Rs. 100/-duly Notarized) CONTRACT AGREEMENT This agreement is made at Vadodara the _ _ _ _ _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ in the Christian year Two thousand _______ between _ _ _ _ _ _(herein after referred to as "THE CONTRACTOR " which expression shall unless excluded by or repugnant to the contract include its successors or permitted assigns) of the one part and the Gujarat Urja Vikas Nigam Limited their Head Office at Sardar Patel Vidyut Bhavan, Race Course, Vadodara -390 007 (hereinafter called The Company which expression shall unless excluded by or repugnant to the context include its successors or assigns) of the other part. WHEREAS the aforesaid GUVNL has accepted the tender of the aforesaid contract for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _as per GUVNL LOI / LOA _ _ _ _ _ _ _ __ _ _ _ _ _ _ __hereinafter called "the works" and more particularly described enumerated or referred to in the specification terms and conditions prescribed in the LOI / LOA letter, covering letter and other letters and schedule of price which for the purpose of identification have been signed by Shri_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on behalf of the contractors and by_ _ _ _ _ _ _ _ _ _ _ on behalf of GUVNL a list whereof is made out in the schedule hereunder written and all of which said document are deemed to form part of this contract and included in the expression "the works" wherever herein used, upon the terms and subject to the conditions hereinafter mentioned. AND WHEREAS GUVNL has accepted the tender of the contractor for the said works for the sum of Rs._ _ _ _ _ _ (Rupees:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) upon the terms and subject to the conditions herein mentioned. NOW THIS AGREEMENT WITNESSES AND IT IS HERBY AGREED AND DECLARED THAT:1. The contractors shall do and perform all works and things in this contract mentioned and described or which are implied therein or therefrom receptivity or are reasonably necessary for the completion of the works as mentioned and at the times, in the manner and subject to the terms, conditions and stipulations contained in this contract, and in consideration of the due provision, executions, construction and completion of the works agreed to by the contactors as aforesaid, GUVNL doth hereby covenant with the contactor to pay all the sums of money as and when they become due and payable to the contactor under the provisions of the contract. Such Page: 35

payments to be made at such times and in such manner as is provided by the contract. 2. The condition and covenants stipulated herein before in this contract are subject to and without prejudice to the rights of GUVNL to enforce penalty for delays and / or any other rights whatsoever including the rights to reject and cancel on default or breach by the contractors of the conditions and the covenants as stipulated in the general conditions, specifications, form, or tender schedule, drawing, etc, attached with GUVNL LOI/ LOA No. _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ The contact value, extent or supply delivery dates, specifications, and other relevant matters may be altered by mutual agreement and if so altered shall not be deemed or construed to mean or apply to affect or alter other terms and conditions of the contract and the general conditions and the contract so altered or revised shall be and shall always be deemed to have been subject to and without prejudice to said stipulation. SCHEDULE List of documents forming part of the contract: 1. 2. 3. 4. 5. 6. 7. 8. In witness whereof the parties hereto have set their hands and seals this day and month year first above written. 1. Signed, Sealed and delivered by: (Signature with Name, Designation & official seal) for and on behalf of M/s. In the presence of name, Full address & Signatures. i.

ii.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Page: 36

2. Signed, Sealed and Designation by: (Signature with Name, Designation & official seal) For and on behalf of Gujarat Urja Vikas Nigam Limited, Vidyut Bhavan, Race course, VADODARA - 390 007. i.

:-------------------------------------------------------------------------------------------

ii.

-----------------------------------------------------------------

Page: 37

Schedule: B (Price bid) AMC Charges for one Year Item Name

Qty

AMC Charges for total tender quantity

1

2

3

Load Balancer UPS * Antivirus /Antispam Core DC Switch KVM Switch with keyboard, mouse and LCD Monitor. Firewall Management Tool Firewall Network Monitoring Tool Linux Rack Servers Manpower

2 2 1 1 8 1 6 1 33 24 9 1

Total

Page: 38

Service Tax in Rs. @ 15% X 70% = 10.5%

VAT in Rs. @ 5%X 80% = 4 %

4 (Col.3 X 0.15 X 0.7)

5 (Col.3 X 0.05 X 0.8)

Total (In Rs.)

6 (3 + 4 + 5)