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Date: 14.03.2019
CORRIGENDUM
Empanelment of agencies to undertake SAP development works in
OMC
The Final tender schedule vide NIT No. OMC/MAT/E-PROC/04/2019
with e-tender I.D No. 2019_OMC_53838_1 after Pre-bid meeting held
on 27/02/2019 is here by amended as detailed below. The last date
of online submission of tender is hereby extended till 27/03/2019
up to 05:00PM. The date of opening of techno commercial bid is on
28/03/2019 at 11:00 AM. All other terms & conditions of the
tender shall remain unchanged. Interested bidders are requested to
visit the website i.e www.tenderodisha.gov.in & www.omcltd.in
for revised tender schedule.
Sd/- General Manager (Mat.)
The Odisha Mining Corporation Ltd. (A Gold Category State PSU)
Registered Office: OMC House, Bhubaneswar-751001, India Tel:
0674-2377436/2377488/2377430/2377464, Fax: 0674-2395889 CIN :
U13100OR1956SGC000313
The Odisha Mining Corporation Ltd. (A Gold Category State
PSU)
Registered Office : OMC House, Bhubaneswar-751001, India Tel:
0674-2377400/2377401, Fax: 0674-2396889, 2391629, www.omcltd.in
CIN : U13100OR1956SGC000313
http://www.tenderodisha.gov.in/http://www.omcltd.in/
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E-procurement Notice
NIT No. OMC/MAT/E-PROC/04/2019 Dated. 14/02/2019
1. Name of the work Empanelment of agencies to undertake SAP
development works in OMC
2. Availability of bid document in Govt. Portal
18/02/2019 after 05:00PM
3. Last date for sending queries to OMC
25/02/2019 up to 05:00PM
4. Pre-bid meeting 27/02/2019 at 11.00AM
5. Uploading of final tender schedule
15/03/2019 up to 05:00PM
6. Last date of online submission of tender in portal
27/03/2019 up to 05:00PM.
7. Submission of EMD The bidder shall have to deposit
Rs.50,000.00 (Rupees Fifty Thousand) only through on line as
available in www.tendersodisha.gov.in
8. Date of opening of Techno-commercial Bid
28/03/2019 at 11:00AM.
All other details can be seen from the tender document available
at Govt. web site i.e www.tendersodisha.gov.in & in OMC website
i.e. www.omcltd.in.
OMC reserves the right to reject this tender without assigning
any reason thereof.
Sd/-14.02.2019
GENERAL MANAGER (MAT)
The Odisha Mining Corporation Ltd. (A Gold Category State
PSU)
Registered Office: OMC House, Bhubaneswar-751001, India Tel:
0674-2377400/2377401, Fax: 0674-2396889, 2391629, www.omcltd.in
CIN : U13100OR1956SGC000313
http://www.omcltd.in/
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
Glossary of Terms
DSC Digital Signature Certificate EFT Electronic Fund Transfer
EMD Earnest Money Deposit FY Financial Year GST Goods and Services
Tax GSTIN GST Identification Number GSTR GST Returns GTE General
Technical Evaluation IFSC Indian Financial System Code IT Income
Tax ITC Input Tax Credit MICR Magnetic Ink Character Recognition
MSE Micro and Small Enterprise MSME Micro, Small & Medium
Enterprise NEFT National Electronic Funds Transfer NIT Notice
Inviting Tender OMC The Odisha Mining Corporation Limited PAN
Permanent Account Number PSU Public Sector Undertaking RTGS Real
Time Gross Settlement SMS Short Message Service TIA Tender Inviting
Authority
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
1. Notice Inviting Tender
1.1 The Odisha Mining Corporation Limited invites e-tender for
empanelment of Odisha based agencies, experienced in undertaking
SAP related implementation and development projects and works, as
per the below requirements:
Sl. No.
Domain of expertise
Brief description of required credentials
and experience of the agencies
Time period of empanelment
Location for providing the
services
1 Various modules of SAP – as mentioned in Clause 3.2 of the
tender
Experience of implementation and development of projects in SAP
modules during last 3 years
3 years OMC office at Bhubaneshwar
1.2 OMC intends to empanel up to 5 (five) such agencies;
however, based on the
number of bids received, as well as the quality and experience
of the agencies who submit their bids, OMC may choose to empanel a
lesser or higher number of such agencies.
1.3 The bids are to be submitted in two parts in two covers,
namely: (i) Techno-Commercial Bid – under Cover I and (ii) Price
Bid – under Cover II
1.4 The entire bidding process shall be held on the
e-procurement portal of the Government of Odisha
(www.tendersodisha.gov.in). Bidders should possess compatible &
valid Digital Signature Certificate (DSC) of Class-II or
Class-III.
1.5 The Techno-Commercial Bid shall not contain any information
regarding the Price Bid.
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
2. Data Sheet and Schedule for the Tender Sl. No. Parameter
Name
1. Name of tender Empanelment of agencies to undertake SAP
development works in OMC
2. Type of tender Open tender 3. Mode of tender e-tender 4.
E-tender site www.tendersodisha.gov.in 5. Earnest Money Deposit
(EMD) Amount: Rs. 50,000/- (Rupees Fifty Thousand only) only as
EMD through on line as available in www.tendersodisha.gov.in
Schedule of the tender process 6. Date of publication of NIT
15/02/2019 7. Uploading of final tender
schedule 15/03/2019 up to 05:00PM
8. Last date of online submission of tender in portal
27/03/2019 up to 05:00PM.
9. Opening of Techno-Commercial Bids
28/03/2019 at 11:00AM.
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
3. Scope of Services
3.1 OMC intends to empanel agencies having experience in SAP
implementation and development for carrying out SAP related
development works. The agency should have its office in Odisha. The
tenure of the empanelment shall be for 3 (three) years. During the
period of the empanelment, OMC shall approach the empanelled
agencies as and when any SAP related development work come up in
OMC. The professional fees payable for such job shall be determined
based on the person day rates of such empanelled agencies. The
bidder shall quote person-day rates for such jobs, in response to
enquiries that are sent by OMC to the empanelled agencies. For each
job, the agency shall be chosen from amongst the empanelled
agencies based on the lowest price offer.
3.2 The modules where SAP development work may come up with OMC
are as follows: i) ABAP ii) Sales and distribution iii) Materials
management iv) Production planning v) FICO vi) HR vii) ESS viii)
Fiori ix) Payroll x) Project System
3.3 Subletting The professionals proposed by the agencies during
the empanelment should be on the payroll of the agency and should
be available to work with OMC, as and when the jobs of OMC come up.
The agency is not allowed to subcontract, outsource, sub-let or
assign the assigned projects/ jobs to any third party. The
replacement of the proposed professionals shall not be normally
allowed except in the case of resignation, medical incapacity or
demise of such professionals or any other extraneous circumstances
beyond the reasonable control of the agency. Such replacement shall
be subject to availability of professionals of equivalent or better
qualifications and experience. Any replacement of professionals
shall be with the written approval of the key contact from OMC.
However, the OMC management reserves the right to refuse any such
approval without being bound to provide any reason or rationale for
such decision.
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019 3.4 Terms and tenure of the
empanelment:
3.4.1 The overall tenure of the empanelment is for 3 (three)
years – there shall be no
rate escalation during this period.
3.4.2 During this time period of empanelment, as and when
requirement for SAP development jobs/ projects come up in OMC, OMC
shall send enquiries to all the empanelled agencies to submit their
offers to take up the jobs. The format for the enquiry to be sent
by OMC and response thereof is given in Annexure-7 hereof. The
empanelled agency which submits the lowest price offer (to be
calculated as a product of person day rates and person days quoted)
shall be selected as the agency to take up the job and thereafter
issued the work order. In case of insufficient response to any
enquiry sent by OMC, OMC reserves the right to send a fresh enquiry
to the empanelled agencies.
3.4.3 In the event that 2 (two) or more empanelled agencies have
submitted identical
lowest identical price offers in response to an enquiry sent by
OMC, OMC shall hold an auction amongst such tied agencies. The
auction shall be held at the office of OMC in Bhubaneshwar and only
the tied agencies shall be invited to attend the same, wherein they
have to physically submit their revised price offers on their
respective letterheads (with company rubber stamp) and in sealed
covers. Hence the authorized signatory of the tied agencies are
required to attend such auction. The revised price offer to be
submitted should be lower than the original price offer; else the
revised price offer shall not be considered by OMC for further
evaluation. The tied agency who offers the lowest revised price
offer in such auction shall be declared to be selected agency and
the lowest revised price offer received by OMC during such action
shall be the contract price. In the event that the authorized
signatory of a tied agency is not present during the auction or the
authorized signatory of such agency does not or is unwilling to
participate in such auction, the auction would be held amongst the
remaining tied agencies and if there is only one remaining tied
agency, the latter will be declared as the selected agency,
provided that the revised price offer submitted by such agency is
lower than that its earlier submitted price offer; in such a case
the revised price offer submitted by such agency shall be
considered to be the contracted price. In case of a second round of
tie between the revised price offers submitted by the tied
agencies, the agency with the higher average annual turnover (to be
determined by OMC on the basis of the audited financial statements
submitted by such agencies as part of their Techno-Commercials Bids
during their empanelment process) during the 3 (three) financial
years preceding the empanelment i.e. (FY 2015-2016, FY 2016-2017
and FY 2017-2018) shall be declared as the selected agency and the
revised price offer submitted by such agency shall be considered to
be the contracted price.
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
3.4.4 The LOI containing the contract price shall be sent to the
Agency. The Agency has to deposit Initial Security Deposit as per
the rate mentioned in ISD clause (7), failing which the EMD of such
agency may be forfeited by OMC
3.5 Location of the work: The location of the work shall be both
the agency’s own offices as well as the OMC office at Bhubaneshwar.
Accordingly, bidders should quote their person day charges
separately for i) off-site rate - person day rate for work from own
office
ii) on-site rate – person day rate for work from OMC office
Bhubaneshwar,
which includes travel costs to be incurred to reach the OMC
office in Bhubaneshwar, as well stay costs in Bhubaneshwar (if
applicable), and any other out of pocket expenses.
3.6 In case the work has to be done at any other locations of
OMC outside
Bhubaneshwar, OMC shall arrange for the to and fro travel from
Bhubaneshwar to such locations as well as for food and
accommodation at the guest houses of OMC at such locations on a
free of cost basis. Also any licensing, software and hardware
requirements, if any, shall also be provided by OMC.
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
4. Instruction to Bidders
4.1 The bidders intending to participate in this tender are
required to register on the e-procurement portal of the Government
of Odisha (www.tendersodisha.gov.in.) This is a onetime activity
for registering on the Government website. During registration, the
bidders will be required to attach a Digital Signature Certificate
(DSC) to the bidder’s unique user ID. The DSC used should be of
appropriate class (Class II or Class III) issued by a registered
Certifying Authority. The registration of bidders on the portal
shall be free of cost. The registration should be in the name of
the bidder, whereas the DSC holder should be the duly authorized
signatory of the bidder.
4.2 The tender documents shall be available on the state
e-procurement portal and the tender section of the website of OMC
(www.omcltd.in/). There shall be no sale of hard copies of the
tender documents. Tenders can be accessed by the prospective
bidders at the above websites and may be downloaded by them free of
cost.
4.3 The bids are to be submitted in two covers, consisting of:
(i) Techno-Commercial Bid (under Cover I) and (ii) Price Bid (under
Cover II). Both the Techno-Commercial Bid and the Price Bid have to
be submitted on the e-procurement portal of the Government of
Odisha.
4.4 The authorized signatory of the bidder should be duly
authorized by a Power of Attorney authorizing him/her to perform
all tasks related to tender submission, including but not limited
to sign and submit the bid and to participate in the bidding
process on behalf of the bidder. The format for the Power of
Attorney is given in Annexure 1 of this tender document. Each page
of all scanned documents submitted as part of the Techno-Commercial
Bid should be initialed by the authorized signatory of the
bidder.
4.5 Eligibility criteria for bidders: The bidders participating
in this tender should fulfill the following criteria :
Sl. No. Eligibility Criteria Required Documents 1. The Bidder
should be a
company/LLP/Partnership Firm. Copy of Certificate of
Incorporation/ registration as the case may be.
2. In case the Bidder is a company, the Company should be
registered under Indian Companies Act 1956 / 2013. The company
should be primarily providing IT / ICT / ITeS operations in India
for the last five financial years as on bid closing date
Copy of the certificate of incorporation issued by the concerned
RoC, MOA and Articles of Associations should be attached.
3. Bidder must have a valid PAN No. and GST Copy of GSTIN in
Form
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
Registration No. meant for IT Services. REG-06 & PAN 4..
Average Annual Turnover from IT and IT
enabled services during the last three (3) Financial years
ending on 31st March 2018 should be at least 50 Lakhs. The Bidder
should be a profit-making (at PAT level) company for the last three
(3) financial years ending on 31st March 2018
Audited Balance sheet and Profit & Loss statement
5.. The bidder should not have been blacklisted/ debarred from
participating in any bid by OMC or any other Government
organization during any of the last 3 years.
An undertaking to this effect should be submitted in
non-judicial stamp paper duly notarized.
6.. The bidder or any of its Director(s) should not have been
convicted by any court of Law for an offence involving moral
turpitude in relation to business dealings during the last 3
years
The bidder shall give an affidavit to this effect. The affidavit
must be affirmed before the competent judicial authority or duly
notarized by the Notary
7.. The bidder shall be a SAP partner and have valid SAP
partnership certificate* as on the last date of online submission
of tender in portal and shall submit a copy of such certificate as
part of its Techno-Commercial Bid.
Copies of relevant SAP Partnership Certificate* ( Refer clause
4.5.1 (ii))
8. The bidder should have a proven track record of successful
completion of at least three SAP module implementation or support
in State or Central Government organizations/ PSUs /Private
organization in India of value not less than Rs. 20 Lakhs during
the last 3 years.
Copies of Work Order with Completion Certificate/ Continuation
Certificates
9. The bidder should have a minimum strength of 25 Information
Technology professionals in its payroll. The company should have
registration under the Employees Provident fund act 1952/ State
Insurance Act 1948.
Copy of EPF registration certificate, ESI registration
certificate, latest EPF challan and list of required no. of
employees working with the organization.
10. The Bidder shall have on its payroll at least 4 (four) Sap
certified professionals, each one of whom should have at least
three years of experience in relevant SAP module, in which they
hold the certificate.
CV of the professional to be submitted by the Bidder as per
Annexure-5
11. Presence in Odisha for effective support and
coordination.
Relevant authenticated document such as Client certification, PO
etc. of work executed/executing
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The Odisha Mining Corporation Limited Empanelment of agencies to
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NIT No. 04 dated 14th February, 2019
in Odisha has to be attached.
12. The bidder should submit EMD as provisioned in the
tender.
Required DD/ BG/ pay order drawn as instructed
4.5.1 Technical Capacity: The bidder shall meet the following
technical capacity requirements: i) Experience of having successful
completion of at least 3 (three)
projects of SAP module implementation or support during last 5
(five) years, wherein the combined value of the projects (excluding
taxes) shall be at least Rs. 20,00,000/- (Rupees Twenty lacs only).
The value of the work completed shall be evaluated by OMC based on
the work orders and completion certificates submitted by the bidder
as part of the Techno-Commercial Bid. The last 5 (five) years shall
be mean the period of 5 (five) years as considered from the date of
tender publication. For example, if the date of publication of this
tender is 5 December 2018, the last 5 (five) years shall mean the
period of 6 December 2013 to 5 December 2018.
ii) The bidder shall be a SAP partner and have valid SAP
partnership certificate as on the last date of online submission of
tender in portal and shall submit a copy of such certificate as
part of its Techno-Commercial Bid. * The bidders who has no SAP
partner certificate can still apply, but shall not be awarded any
mark in the technical evaluation under the technical scoring
criteria (Clause 4.24), however, if they qualify for empanelment
based on the Combined Score (S) provided for, in Clause 4.20, they
would be required to produce the SAP Partner certificate at the
time of signing of the Agreement, failing which they will not be
considered for empanelment.
iii) The bidder shall have on its payroll at least 4 (four) SAP
certified professionals, each one of whom should have at least 3
(three) years of experience in the relevant SAP module, in which
they hold the certification. The 3 (three) years of experience
shall be considered as on the date of tender publication. The CVs
of the professionals are to be submitted by the bidders (as per the
format given in Annexure 5) along with copy of the SAP
certification of the professionals.
4.5.2 Financial Capacity: The bidder shall meet both the
following financial criteria:
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
i) The average turnover of the bidder from providing IT and IT
enabled services during the last 3 (three) financial years (FY
2015-2016, FY 2016-2017 and FY 2017-2018) shall be at least Rs.
50,00,000/- (Rupees Fifty Lakh only).
ii) The net worth of the bidder in each of the last 3 (three)
financial years
(FY 2015-2016, FY 2016-2017 and FY 2017-2018) should be greater
than 0 (zero). The definition of net worth shall be as per the
Companies Act 2013, i.e.
“the aggregate value of the paid-up share capital and all
reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses,
deferred expenditure and miscellaneous expenditure not written off,
as per the audited balance sheet, but does not include reserves
created out of revaluation of assets, write-back of depreciation
and amalgamation;”
Note: Bidder shall submit copies of audited financial statements
(consisting of (i) balance sheet, (ii) profit & loss statement
and (iii) cash flow statement) of the last 3 (three) financial
years, i.e. FY 2015-2016, FY 2016-2017 and FY 2017-2018, along with
a certificate from the statutory auditor, certifying the annual
turnover of the bidder from providing IT and IT enabled services as
well as the net worth of the bidder in the last 3 (three) financial
years (i.e. FY 2015-2016, FY 2016-2017 and FY 2017-2018) under
consideration.
4.5.3 Other criteria: The bidder shall also meet the following
criteria:
i) The bidder shall either be a partnership firm or a company
/
corporation incorporated under the Companies Act, 1956/2013 or
established by virtue of a law enacted by the Parliament or a LLP
registered under LLP Act. Bidding in the form of a consortium is
not allowed.
ii) In case a bidder is a registered partnership firm or a
limited liability
partnership firm, then the partnership firm must abide by the
stipulations as mentioned below:
a) The partnership firm ought to be a registered partnership
firm
under the provisions of Partnership Act 1932. The date of
registration of the Firm under the provisions of Partnership Act
1932 is the date of entry of the statement recorded in the
“Register of Firms”
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The Odisha Mining Corporation Limited Empanelment of agencies to
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NIT No. 04 dated 14th February, 2019
b) The deed of partnership ought to be registered under the
Indian Registration Act 1908. c) The partnership firm ought to
be in existence & in operation
for at least 3 (three) years prior to the date of notice
inviting tender
d) The partnership firm ought to have its own experience as
required in the present tender notice. Experience of individual
partners will not be considered as the experience of the
partnership firm.
e) The partnership firm ought to have a valid PAN, TAN, GSTIN
of
its own & not in favor of any individual partner. f) All
conditions of eligibility criteria as stipulated in the tender
notice shall be of the partnership firm & not of the
individual partners.
iii) Valid registration: The bidder shall be registered on the
e-
procurement portal of the Government of Odisha.
iv) Office in Odisha: The bidders should have an office in
Odisha as on the date of tender publication and should submit
suitable documentary evidence regarding the same. The bidder should
have Odisha based GSTIN registration and submit details of the
same.
v) Tax related: The bidder shall have valid PAN, TAN, GSTIN in
its name and documents in support of the same should be submitted
by a bidder as part of its Techno-Commercial Bid.
vi) The bidder ought not to have been blacklisted by OMC or any
government or any government instrumentality or any PSU. The bidder
shall submit a self-declaration to this effect, as per the format
given in Annexure 2.
4.6 Earnest Money Deposit (EMD)
4.6.1 The Bidder shall furnish, as part of its bid, an EMD of
Rs.50,000.00/- (Rupees Fifty Thousand) only to be deposited through
on line. Instruction to be followed for on line payment available
in e-procurement portal during processing of the tender by the
bidder.
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The Odisha Mining Corporation Limited Empanelment of agencies to
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NIT No. 04 dated 14th February, 2019
4.6.2 Earnest money deposit (EMD) on submission/ cancellation of
bids: EMD as mentioned above only shall be submitted through online
in the portal of Govt. of Odisha i.e. at www.tendersodisha.gov.in.
The EMD of the rejected bidders will be refunded to the account
from where the money has been debited. After financial evaluation,
the EMD of bidders other than empanelled bidder will be credited to
their respective account through e-procurement portal. After
signing of the Agreement with the Preferred Bidders on submission
of required Performance Security by the empaneled Bidder, the EMD
of the said bidders will be refunded to their respective account
through e-procurement portal. In case of cancellation of the tender
before bid opening date and time the EMD shall be refunded through
e-procurement portal. EMD of the Bidder liable to be forfeited if
the bidder withdraws the bid or make any changes to the BID before
Finalization of the BID. The EMD of the successful bidder shall be
forfeited if he denies to execute the work after their selection as
successful bidder. The Bidders, who are exempted to deposit EMD
amount due to any exemption granted by Central/State Govt., are
required to attach scanned copy of relevant documents evidencing
such exemption granted, along with the Techno-Commercial Bid
document while submitting online. The bidders, who does not submit
EMD amount claiming exemption but does not submit relevant
document, is ineligible for bidding.
4.7 Bid validity period: The bid shall initially remain valid
and binding on the bidder for at
least 120 (one hundred and twenty) days from the bid due date,
as given in the Data Sheet and Schedule for the Tender. Any bid
with a shorter validity period shall be rejected by OMC. Under
exceptional circumstances, OMC may in writing request the bidders
to extend the bid validity period of their bids. A bidder may
refuse the request of OMC to extend their bid, without forfeiture
of its EMD and the EMD of such bidder will be returned to the
concerned bidder. However, such bids will not be evaluated
further.
4.8 Issue of corrigendum / amendment: At any time prior to the
bid due date, OMC may at its own initiative or in response to a
query or clarification requested by a prospective bidder, issue
corrigendum/ amendment to the tender documents, which
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The Odisha Mining Corporation Limited Empanelment of agencies to
undertake SAP development works in OMC
NIT No. 04 dated 14th February, 2019
shall be freely available for download on its website and also
on the e-procurement portal of the Government of Odisha and the
same shall also be considered to be part of the tender documents.
In order to give bidders a reasonable amount of time to take into
account such corrigendum / amendment, OMC may at its own discretion
also extend the bid due date.
4.9 Acknowledgement by the bidder: It shall be deemed that by
submitting its bid, the bidder has:
i) received all relevant information requested from OMC;
ii) accepted the risk of inadequacy, error or mistake in the
information provided
in the tender documents or furnished by or on behalf of OMC
relating to any of the matters related to this tender or
otherwise;
iii) satisfied itself about the scope of empanelment services
being followed by
OMC, to be delivered and the extant conditions and all matters,
things and information necessary and required for submitting an
informed bid;
iv) acknowledged and agreed that inadequacy, lack of
completeness or
incorrectness of information provided in the bidding documents
or ignorance of any of the matters shall not be a basis for any
claim for compensation, damages, extension of time for performance
of its obligations, loss of profits etc. from OMC;
v) agreed to be bound by the undertakings provided by it under
and in terms;
and OMC shall not be liable for any omission, mistake or error
in respect of any of the above or on account of any matter or thing
arising out of or concerning or relating to the tender documents or
the bidding process, including any error or mistake therein or in
any information or data given by OMC.
4.10 Right to accept or reject any/ all bids: Notwithstanding
anything contained in the
tender documents, OMC reserves the right to accept or reject any
bid and to annul the bidding process and reject all bids, at any
time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof.
OMC reserves the right to reject any bid if at any time, a material
misrepresentation is made or uncovered, or the bidder does not
provide, within the time specified by OMC, any supplemental
information sought by OMC for evaluation of the bid, or if the bid
is conditional or qualified.
4.11 Language of the bid: The bid and all related correspondence
and documents in relation to the bidding process shall be in the
English language. Supporting documents and printed literature
furnished by the bidder with the bid may be in any
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The Odisha Mining Corporation Limited Empanelment of agencies to
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NIT No. 04 dated 14th February, 2019
other language provided that they are accompanied by
translations of all the pertinent passages in the English language,
duly authenticated and certified by the bidder. Supporting
materials, which are not translated into English, may not be
considered. For the purpose of interpretation and evaluation of the
bid, the English language translation shall prevail. The English
translation of the documents shall be carried out by professional
translators and the translator shall certify that he is proficient
in both languages in order to translate the document and that the
translation is complete and accurate.
4.12 Bid to be submitted by bidders: The bid to be submitted by
bidders shall consist of the Techno-Commercial Bid and the Price
Bid. 4.12.1 Techno-Commercial Bid: Bidders shall have to submit
their Techno-
Commercial Bid on the e-procurement portal of the Government of
Odisha. The Techno-Commercial Bid should consist of clear and
legible scanned copies of all the required documents and should be
submitted within the bid due date, as indicated in the Data Sheet
and Schedule for the Tender. The Techno-Commercial Bid should
contain no Price Bid related information. The Techno-Commercial Bid
shall consist of the following:
i) Power of Attorney (as per the format given in Annexure 1) in
favor of
the authorized signatory of the bidder who shall also be the DSC
holder. Please refer to Clause 4.4 for further details
ii) Proof of payment of EMD; in case of local micro & small
enterprise bidders who are exempted from submission of EMD, the
bidder should submit a copy of their latest and current valid
registration certificate as well as relevant documentary evidence
regarding their exemption from payment of EMD. Please refer to
Clause 4.6 for further details.
iii) Documents towards fulfillment of eligibility criteria:
Please refer to Clause 4.5.1, Clause 4.5.2 and Clause 4.5.3 for
further details of documents to be submitted in this regard.
iv) Documents related to the experience, credentials and
personal of the bidder as required for determining the Technical
Score, Ts of the bidder – please see Clause 4.24.
v) Techno-Commercial Bid checklist as per Annexure 4
4.12.2 Price Bid: The Price Bid shall be submitted online in the
e-tender portal of the
Government of Odisha in Cover-II. The Price Bid shall be the
person day
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charges for providing the required SAP related services to OMC.
Separate person day charges shall be quoted by the bidders for (as
per Clause 4.21.2), off-site rate and on-site rate.
4.13 Material deviation
Material deviations in the bids received shall include, inter
alia, the following: i) The Techno-Commercial Bid does not contain
and/ or is not accompanied by
all of following documents: a) Proof of payment of EMD or
exemption related documents. Please
refer to Clause 4.6 for further details. b) Documents towards
fulfillment of eligibility criteria; please see Clause
4.5 for details.
ii) Curriculum vitae (as per the format given in Annexure 5) and
other requisite documents towards the qualification, experience and
other criteria for personnel of the agency, including documentary
evidence and certificates towards educational qualifications,
experience requirements, certifications and other specific
requirements of this tender.
iii) The bid submitted by the bidder is not valid for the
minimum bid validity period, as per Clause 4.7.
4.14 Opening of Techno-Commercial Bids: The Techno-Commercial
Bids shall be opened
as per the schedule indicated in the Data Sheet and Schedule for
the Tender. The Techno-Commercial Bids shall first be evaluated to
determine whether they are complete, whether the required documents
have been submitted in the correct formats and whether the
documents have been properly signed by the authorized signatory and
whether the Techno-Commercial Bid is generally in order. It will be
determined whether the Techno-Commercial Bid is of acceptable
quality, is generally complete and is substantially responsive to
the tender documents. For purposes of this determination, a
substantially responsive Techno-Commercial Bid is one that conforms
to all the terms, conditions and specifications of the tender
documents without any material deviations (as defined in Clause
4.13), objections, conditional or reservations.
4.15 A Techno-Commercial Bid which is not substantially
responsive, may be rejected by OMC, and may not subsequently be
made responsive by the bidder by correction of the material
deviations, as defined in Clause 4.13. The responsive
Techno-Commercial Proposals shall then be evaluated in detail to
determine whether they fulfill the eligibility criteria (as given
in Clause 4.5) and other requirements of the tender, such as
submission of all the requisite documents as listed in Clause
4.12.
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NIT No. 04 dated 14th February, 2019 4.16 OMC may waive any
non-conformity in the Bid that does not constitute a material
deviation, reservation or omission. OMC may request the Bidder
to submit information or documentation, to rectify non-material
nonconformities in the Technical-Commercial Bid related to
documentation requirements. Requesting information or documentation
on such non-conformities shall NOT be related to any aspect of the
Price Bid. Failure of the Bidder to comply with the request of OMC
may result in the rejection of its Bid. OMC, however, is not bound
to waive such non-conformity under this Clause.
4.17 If required, OMC may ask bidders to provide clarifications
on their bid or provide shortfall documents. The request for
clarification and the response shall be in writing.
4.18 Evaluation of Techno-Commercial Bids: The Techno-Commercial
Bids received by OMC, shall first be evaluated by OMC to check if
they meet the below requirements: i) whether the Techno-Commercial
Bid has been properly signed by the
authorized signatory of the bidder;
ii) whether the Techno-Commercial Bid is accompanied by the
required EMD or proof of exemption thereof;
iii) whether the bidder has quoted the Bid validity which is not
shorter than the
required bid validity period; iv) whether the bidder is
qualifying as per the eligibility criteria for bidders, as
per Clause 4.5; and v) Whether the Techno-Commercial Bid is
unconditional.
The Techno-Commercial Bids which fulfill the above criteria
shall be evaluated further in accordance with the scoring criteria
given in Clause 4.24 and a Technical Score, Ts shall be assigned to
each such Techno-Commercial Bid. Techno-Commercial Bids which do
not fulfill the above criteria shall not be evaluated further and
shall not be considered to be technically qualified bids.
Techno-Commercial Bids which fulfill the above criteria and which
receive a score of 60 (sixty) or higher out of 100 shall be
considered to be technically qualified bids. Accordingly the list
of technically qualified bidders shall be prepared.
4.19 Opening and Evaluation of Price Bids
4.19.1 The Price Bids of only the technically qualified bidders
shall be opened. A
comparative statement shall be prepared detailing each price
component in the bid and including all components of the Price Bid,
as per Clause 4.12.2.
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4.19.2 In the Price Bid, the bidders shall quote the person day
rates for both on-site and off-site. The blended rate to be
considered by OMC, for evaluation of the Price Bids are as
follows:
Blended rate = On-site rate × 40% + Off-site rate × 60%
It is also specified that the bidder should quote for both
on-site and off-site.
4.19.3 The lowest Price Bid (based on the blended rate) received
shall be assigned a
Financial Score, Fs of 100. All the other Price Bids (based on
the respective blended rates) of the technically qualified bidders
shall be assigned a Financial Score, Fs based on the following
formula: Fs = 100 X lowest Price Bid received Amount of the Price
Bid
Illustration Let the Price Bids which have been received by OMC
from technically qualified bidders be as follows:
Sl. No.
Name of bidder
On-site rate per day (Rs.)
Off-site rate per day (Rs.)
Price Bid – blended rate (Rs.)
Ranking Fs
(1) (2) (3) (4) (6) (7) (8) 1 A 2000 1500 1700 L1 100.00 2 B
3000 1000 1800 L3 94.44 3 C 2500 1200 1720 L2 98.84
Thus on the basis of the above, the financial score of each
bidder, Fs shall be determined.
4.19.4 In the event that 2 (two) or more technically qualified
bidders are found to have the same blended rate, they shall be
given the same financial score, Fs as per Clause 4.19.3 above.
4.20 Empanelment of bidders: For each technically qualified
bidder, the Combined Score, S shall be calculated as follows:
S = Ts X 70% + Fs X 30% 4.21 The Technical Score, Ts, the
Financial Score, Fs and the Combined Score, S shall all be
computed up to two decimal places. During computation the score
will be rounded off based on the following logic: with the third
digit of 5 (five) or above being rounded up and below 5 (five)
being rounded down.
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The Odisha Mining Corporation Limited Empanelment of agencies to
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NIT No. 04 dated 14th February, 2019 4.22 The bidders achieving
the top 5 (five) Combined Scores, S shall be empanelled by
OMC. However, based on the number of bids received, as well as
the quality and experience of the agencies who submit their bids,
OMC may choose to empanel a lesser number of such agencies. In case
the Combined Scores of two or more bidders are identical, the
bidders will be ranked on the basis of their Technical Scores, i.e.
the bidder with higher Technical Score will be assigned a higher
rank while identifying the top 5 (five) ranked bidders for
empanelment. Example: Let us consider that 8 technically qualified
bids have been received by OMC, as below:
Sl. No.
Bidder Technical score
On-site rate (Rs.)
Off-site rate (Rs.)
Blended rate (Rs.)
Financial score
Combined score
Rank Empanelled
1 A 95 10,000 8,000 8,800 70.35 87.61 1 Yes 2 B 90 9,000 8,000
8,400 73.70 85.11 2 Yes 3 C 85 8,500 7,800 8,080 76.62 82.49 3 Yes
4 D 84 8,000 7,735 7,841 78.96 82.49 4 Yes 5 E 81 8,000 7,000 7,400
83.66 81.80 5 Yes 6 F 74 6,500 5,985 6,191 100.00 81.80 6 No 7 G 73
8,900 8,000 8,360 74.06 73.32 7 No 8 H 71 15,000 10,000 12,000
51.59 65.18 8 No
4.23 Issue of notification of empanelment: The empanelled
bidders shall be issued a
formal order of empanelment, which they shall have to
acknowledge within a period of 7 (seven) days.
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NIT No. 04 dated 14th February, 2019 4.24 Technical scoring
criteria: The scoring criteria for computation of the Technical
Score, Ts is specified below:
Sl. No.
Criteria Max. score
Marking scheme
Documents to be submitted in the Techno-Commercial Bid
Other Requirements
1 Experience of the agency 40 1A Number of jobs successfully
completed in the area of SAP development &
implementation.
30 5 marks for each job – maximum of 6 jobs
Work order along with completion certificate
The experience should be in last 5 (five) years from tender
publication date.
1B Number of IT professionals on their payroll.
10 • 25 to 50 IT professionals: 5 marks
• > 50 IT professionals: 10 marks
The bidder shall submit Copy of EPF registration certificate,
ESI registration certificate, latest EPF challan and required list
of employees working with the organization
The professionals should be on the payroll of the bidder.
2 Whether the bidder is a SAP certified partner
20 Bidder should be a SAP certified partner
Copy of partnership certificate to be submitted by the
vendor
3 No. of SAP certified professionals of the bidder
40 CV as per the format given in Annexure 5 – should be signed
by both the employee and counter-signed by the employer.”
i. The proposed professionals should be on the payroll of the
bidder ii. The proposed professionals should have at least 3 years
of experience (as on the tender publication date) in the respective
SAP module
3A No. of certified ABAP professionals
10 5 marks for each professional maximum of 2 profiles
3B No. of certified SD professionals 10 5 marks for each
professional maximum of 2 profiles
3C No. of certified FI/CO professional 10 5 marks for each
professional maximum of 2 profiles
3D No. of certified MM/PP professional
10 5 marks for each professional maximum of 2 profiles
Technical Score, Ts 100
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5. Termination of Contract 5.1 Termination by OMC
a) OMC reserves the right to suspend any of the Services and/or
terminate this Agreement in the following circumstances by giving
30 days’ notice in writing:
• Agency becomes the subject of bankruptcy, insolvency, winding
up, receivership proceedings or
• In case OMC finds illegal use of connections, hardware,
software tools that are dedicated to OMC only.
5.2 Termination for Default: b) OMC may without prejudice to any
other remedy for breach of contract,
(including forfeiture of Performance Security) by written notice
of default sent to the Implementer, terminate the Contract in whole
or in part.
• If the Implementer fails to deliver any or all of the services
within the time period(s) specified in the Contract, or any
extension thereof granted by OMC, or
• If Implementer fails to perform any other obligation under the
Contract to the satisfaction of OMC.
5.3 Conditions for Termination c) Upon occurrence of an event of
default as set out in above-mentioned
Section 5.2, OMC will deliver a Default notice in writing to the
other party, which shall specify the reason of default, and give
the other party an opportunity to correct the default within a
reasonable period.
d) At the expiry of notice period specified in Section 5.1
unless the party receiving the default notice remedied the default,
the party giving the default notice may terminate the
Agreement.
5.4 Force Majeure 5.4.1 Any delay in or failure of performance
by either party to this contract shall not
constitute default hereunder or give rise to any claims for
damages/compensation against said party, if and to the extent
caused by matters beyond the control of said party including but
not limited to, Act of God, general strikes or other concerned acts
of workmen, lock-outs, ordinary severe weather and civil
commotion.
5.4.2 Neither party can claim any compensation from the other
party on account of Force Majeure event.
6. WARRANTY The Vendor shall extend warranty for a period of 3
months for the service provided by them. If the same work needed
within the warranty period the vendor shall carryout the work on
free of cost.
5.5 PENALTY:
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5.5.1 If the agency fails to provide service within the original
delivery period, penalty will be imposed an amount equivalent @1%
of the value of the service order (excluding Taxes) of delayed
portion per week or part thereof delay (Seven day week) subject to
maximum @10% of the total ordered value excluding Taxes.
5.5.2 If the purchasing authority at any time feels &
ascertain that the agency is not in a position to deliver service
within the delivery period or taking no steps for completion of the
work, it shall be open to the management to cancel the service
order.
5.6 WAIVER OF PENALTY: If at any time during the Contract, the
agency should encounter conditions impending timely performance of
service, the agency shall promptly notify to OMC in writing of the
fact of the delay, it’s likely duration and its cause(s). As soon
as practicable after receipt of the bidder’s notice, the OMC shall
evaluate the situation and may at its discretion waive the penalty
on the request of the agency.
7. Initial security deposit:
The empanelled bidders have to deposit Initial Security Deposit
as per following rate in shape of DD drawn on any
Nationalized/Scheduled Bank, favoring “The Odisha Mining
Corporation Limited”, payable at Bhubaneswar within 07(seven))days
of issue of LOI before issue of Service order. The Initial Security
Deposit shall be kept till the completion of the entire empanelment
period for 3 Years.
Amount of Initial Security Deposit shall be:
Rs. 50,000 (Rupees fifty thousand only)
The Initial security Deposit shall be returned after completion
of empanelment period to the satisfaction of OMC and on
satisfactory compliance of all statutory laws and acts applicable
to this work. The Initial security Deposit shall be released on
receipt of recommendation from the concerned Sectional Head.
The Initial Security Deposit shall be for due and faithful
performance during the empanelment period and is liable for
forfeiture in the following cases;
• If the successful bidder denies to undertake the work after
issuance of LOI, or • If the successful bidder abandons the work
before its completion, or
If the work performed by the successful bidder is not as per the
Technical specification as agreed by the Successful Bidder.
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8. Payment Terms
5.7 Payment: 90% payment along with 100% GST shall be made at
Head Office against the completion of development and
implementation of related work in SAP system and upon satisfactory
certification from the authorized representatives of OMC.
5.8 The agency shall submit bill in duplicate as per service
order which will be properly certified by the respective user
towards performance of the agency and recommendation of concerned
HOD.
5.9 Balance 10% payment shall be released at Head Office after
successful completion of
service warranty for a period of 3 months from the date of
completion of job duly certified by the Section Head.
5.10 TDS under IT Act and any other Act as applicable &
statutory deductions as per Govt.
norm shall be deducted from the bills. All bills are to be
submitted as per GST Act & Rules as applicable
5.11 The payments shall be made directly to the bank account of
the agency.
5.12 GST Clause
i) Bidders should have registration under the GST Act or should
submit an undertaking, declaring that their turnover is below the
threshold limit specified by GST Act for obtaining registration
under the GST Act, and they will get registered under GST Act if
their turnover exceeds the threshold limit during the tenure of
empanelment with OMC.
ii) The agency whose services are taken by OMC has to raise
invoices as required under section 31 of the GST Act and relevant
rules made there under.
iii) The invoice should contain the particulars as required
under Rule 46 of CGST Rules.
iv) The agency should file the GST Returns as required in the
GST Acts, and details of invoice submitted to OMC and GST amount
charged thereon should reflect in Form GSTR-2A within a reasonable
time, so as to make OMC enable to take Input Tax Credit (ITC) of
the GST amount paid against those invoices.
v) If due to any reason attributable to the agency, the input
credit of the GST amount paid on invoices raised by the agency is
not available to OMC/ or is denied to OMC, then the same will be
recovered from the dues of the agency
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or the agency has to deposit an equivalent amount with OMC.
vi) The agency has to comply with all the provisions of the GST
Act, and rules and notifications issued there under.
vii) The agency hereby undertakes to indemnify OMC, from any
liabilities arising in future due to non-compliance by the agency
of the GST Act, rules and any other Acts currently in force and
applicable to the agency by OMC.
9. Price Fall clause: The price charged for the services
delivered by the agency shall in no event exceed the lowest price
at which the agency provides similar services to any person(s)/
organisation(s) including OMC or to the Central Government or State
Government departments or any Public Sector undertakings of the
Central or a State Government, as the case may be, during the
tenure of the empanelment. If any agency reduces its price or
provides or even offers to provide the similar services, at a price
lower than the rates under this empanelment, to any person or
organization during the tenure of the empanelment, the person rates
shall be automatically reduced with effect from that date for the
subsequent delivery of all services under this empanelment.
10. Confidentiality, IP Rights & Legal matters
10.1 Dispute Resolution: Any dispute, difference or controversy
of whatever nature howsoever arising under, or out of, or in
relation, to this tender between OMC and the agency, and so
notified in writing by either party to the other party shall, in
the first instance, be attempted to be resolved amicably and the
parties agree to use their best efforts for resolving all disputes
arising under or in respect of this tender promptly, equitably and
in good faith. In the event of any dispute between the parties, it
is agreed that a discussion shall be held between the agency and
OMC within 7 (seven) days from the date of reference to discuss and
attempt to amicably resolve the dispute. If such meeting does not
take place within the 7 (seven) day period or the dispute is not
amicably settled within 15 (fifteen) days of the meeting, the
dispute shall be decided by the civil court of competent
jurisdiction at Bhubaneshwar within the period as specified under
the Law of Limitation.
10.2 Governing law and jurisdiction: This tender shall be
construed and interpreted in accordance with and governed by the
laws of India, the courts at Bhubaneshwar shall have exclusive
jurisdiction over all matters arising out of or relating to this
tender.
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10.3 Infringement of Copyright by the Agency: If the agency has
chosen to use software
on which, a person other than the successful bidder/vendor has
intellectual property rights and such other person disputes the use
of the said software for the proposed solution for the OMC, then
the OMC would not be held responsible for any legal consequences,
liabilities arising out of the same.
10.4 Limitation of liability: Notwithstanding anything contained
herein, Agency shall not be liable for any indirect, exemplary,
special, punitive, consequential or incidental loss, damage,
claims, liabilities, charges, costs, expense or injury (including,
without limitation, loss of use, data, revenue, profits, business
and for any claims of any third party claiming through Agency) that
may arise out of or result from this Agreement and the aggregate
liability of Agency, under this Agreement, shall not exceed the
total fees actually received by it under this Agreement as of the
date such liability arose.
10.5 Right to risk purchase: If the agency fails to deliver the
services as per the agreed schedule with OMC, OMC shall have the
right to procure the services from any other agency and recover
from the agency all charges/expenses/losses/damages suffered by
OMC, at the risk and cost of the agency, after giving 15 (fifteen)
days of notice to the agency. This will be without prejudice to the
rights of OMC for any other action including termination of the
empanelment and forfeiture of the Performance Security.
10.6 Blacklisting:
Blacklisting of a business concern/entity or supplier may be
resorted to in following cases:-
(i) If the Proprietor or Partner or Director of the business
concern/entity is convicted by a Court of Law, following
prosecution under the normal process of Law for an offence
involving moral turpitude in relations to business dealings;
(ii) If security consideration of the state i.e. any action that
jeopardize the security of the State.
(iii) If there is justification for believing that the
Proprietor or Partner or Director of the Concern/entity has been
guilty of malpractices such as bribery, corruption, cheating, fraud
and tender fixing etc.
(iv) If the business concern/entity refuses / fails to return
the OMC’s dues without adequate cause;
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(v) If the business concern/entity is blacklisted by any
Department of the Central Government / State Government/Central
PSU/State PSU.
(vi) If the business concern/entity is a concern/entity evader
of Central / State taxes / duties for which OMC has received notice
from the concerned department of Central / State Govt.
(vii) If internal violation of important conditions of
contract/agreement.
(viii) If submission of false/fabricated/forged documents for
consideration of a tender.
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11. E-tendering Process
11.1 The e-tendering process shall be held on the e-procurement
portal of the Government of Odisha (www.tendersodisha.gov.in). All
the steps involved starting from hosting of tenders till
determination of the empanelled bidders shall be conducted on line
on the e-procurement portal.
11.2 There shall be no sale of hard copies of the tender from
the offices of OMC. The tenders can be accessed by the prospective
bidders on the website (www.tendersodisha.gov.in) and may be
downloaded by them free of cost.
11.3 In order to submit a bid, the bidders have to get
themselves registered online on the e-procurement portal with valid
Digital Signature Certificate issued by any Certifying Authority or
their authorized agencies. The online registration of the bidders
on the portal will be free of cost and one time activity only. The
registration should be in the name of bidder, whereas DSC holder
may be either bidder himself or his duly authorized signatory.
11.4 The bidder will have to accept unconditionally the online
user portal agreement which contains the acceptance of all the
terms and conditions including commercial and general terms and
conditions and other conditions, if any, along with on-line
undertaking in support of the authenticity of the declarations
regarding the facts, figures, information and documents furnished
by the bidder on-line in order to become an eligible bidder. No
conditional bid shall be allowed / accepted.
11.5 The bidder will have to give an undertaking online that if
the
information/declaration/scanned documents furnished in support
of the same in respect of eligibility criteria is found to be wrong
or misleading at any stage, they will be liable to punitive
action.
11.6 The bidder shall have to submit their Techno-Commercial Bid
and Price Bid on-line.
The bidders will have to upload a scanned copy of the
Techno-Commercial Bid in Cover-I; the Price Bid is to be submitted
in Cover-II.
11.7 Procedure for bid submission and payment of EMD 11.7.1 Log
on to e-procurement portal: The bidders have to log onto the e-
procurement portal of the Government of Odisha
(www.tendersodisha.gov.in) using their digital signature
certificate and then search and then select the required active
tender from the "Search Active Tender" option. Thereafter the
submit button can be clicked against the selected tender so that it
opens the "My Tenders" section.
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The Odisha Mining Corporation Limited Empanelment of agencies to
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11.7.2 Uploading of the Techno-Commercial Bid and the Price Bid:
The bidders have
to upload the required Techno-Commercial Bid and the Price Bid,
as mentioned in the tender document
11.7.3 Electronic payment of EMD: The EMD is to be paid using a
single banking
transaction. The bidders have to select and submit the bank name
as available in the payment options. A bidder shall make electronic
payment using his/her internet banking enabled account with
designated banks or their aggregator banks. The payment gateways of
the designated banks (State Bank of India/ ICICI Bank, HDFC Bank)
is integrated with the e-procurement portal. A bidder having
account in other banks can make payment using NEFT/RTGS facility of
designated banks. Online NEFT/RTGS payment can be done using
internet banking of the bank in which the bidder holds his account,
by adding the account number as mentioned in the challan as an
interbank beneficiary.
11.7.4 Bid submission: Only after receipt of intimation at the
e-procurement portal
regarding successful transaction by bidder, the system will
activate the 'Freeze Bid Submission' button to conclude the bid
submission process.
11.7.5 System generated acknowledgement receipt for successful
bid submission:
System will generate an acknowledgement receipt for successful
bid submission. The bidder should make a note of 'Bid ID' generated
in the acknowledgement receipt for tracking their bid status.
11.7.6 Settlement of Earnest Money Deposit on submission of
bids: The bank will
remit the Earnest Money Deposit on cancellation of bids to
respective bidder’s account as per direction received from the
tender inviting authority through e-procurement system.
11.7.7 Forfeiture of EMDs: The forfeiture of EMD on submission
of bid of defaulting
bidder may be occasioned for various reasons. In case the EMD on
submission of bid is forfeited, the e-procurement portal will
direct the bank to transfer the EMD value from the Pooling Account
of SPC to the registered account of the tender inviting authority,
i.e. OMC.
11.8 Technical Parameter Sheet: The Technical Parameter Sheet
containing the technical
specification parameters for each tendered item will be in
Microsoft Excel format (or any other format) and will be uploaded
by OMC during tender creation. This will be downloaded by the
bidder and all the required information on this file shall be
furnished by the bidder during bid submission. Thereafter, the
bidder will upload the same file during bid submission in the
General Technical Evaluation (GTE). In case the
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Technical Parameter Sheet is incomplete and not submitted as per
the instructions given, the bid shall be summarily rejected by OMC
without any further reference to the bidder.
11.9 Price Bid: The price bid containing will be in Microsoft
Excel format (or any other
format) and will be uploaded by OMC during tender creation. This
will be downloaded by the bidder and will be used to quote the
Price Bid, exclusive of applicable taxes & duties etc.
Thereafter, the bidder will upload the same Microsoft Excel file
during bid submission in cover-II. The Price Bid of the bidders
will have no conditions. Any Price Bid which is incomplete and not
submitted as per the instructions given shall be summarily rejected
by OMC without any further reference to the bidder.
11.10 The Price Bid to be quoted shall comprise of the following
components: Person Day Rate (exclusive of applicable taxes)
On-site rate Off-site rate 40% weightage 60% weightage
11.11 Modification of bids: Modification of the submitted bid
shall be allowed online only
before the bid due date. A bidder may modify and resubmit the
bid online as many times as he may wish.
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NIT No. 04 dated 14th February, 2019
Annexure 1: Format for Power of Attorney
(to be executed on Rs. 100 non judicial stamp paper and to be
duly notarized)
Known all men by these presents, we …………………………………………….. (name of
the firm and address of the registered office) do hereby
irrevocably constitute, nominate, appoint and authorize Mr./ Ms.
(name), …………………… son/daughter/wife of ……………………………… and presently
residing at …………………., who is presently employed with us and holding
the position of ……………………………. , as our true and lawful attorney
(hereinafter referred to as the “Attorney”) to do in our name and
on our behalf, all such acts, deeds and things as are necessary or
required in connection with or incidental to submission of our
tender against the NIT no. OMC/MAT/E-PROC/04/2019 dated 14th
February, 2019 published by the Odisha Mining Corporation Limited
for the “Empanelment of agencies for undertaking SAP development
works”, including but not limited to signing and submission of all
applications, bids and other documents and writings, AND we hereby
agree to ratify and confirm and do hereby ratify and confirm all
acts, deeds and things done or caused to be done by our said
Attorney pursuant to and in exercise of the powers conferred by
this Power of Attorney and that all acts, deeds and things done by
our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us. IN WITNESS
WHEREOF WE,…………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2019. For Witnesses
………………………………………………………………….. 1. (Signature, name, designation and
address)
2.
Accepted (Signature) (Name, Title and Address of the
Attorney)
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NIT No. 04 dated 14th February, 2019
Annexure 2: Declaration by the Bidder
(to be executed on Rs. 100 non judicial stamp paper and to be
duly notarized)
Sub: Tender No: ____________ I/We confirm that I/we have fully
read and understood all the details mentioned in the tender
document NIT No.__________& all corrigendum/ addendum/ minutes
of the pre-bid meeting issued, if any. I/We accept all terms and
conditions mentioned in the tender schedule and I/We declare that
I/We or any of our proposed personnel are not black listed as on
date by any competent court of Law, forum or any State Government
or Central Government or their agencies or any statutory entities
or any PSUs. If at any stage the declaration found to be incorrect,
I/We hereby agree to be treated as disqualified bidder and I/We
have no right to claim for consideration of my/our bid at any stage
and the money deposited in form of EMD shall be forfeited.
Signature of the Bidder
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NIT No. 04 dated 14th February, 2019
Annexure 3: Mandate Form - on the Letterhead of the Bidder
To
The Odisha Mining Corporation Limited
OMC House, Post Box No. – 34, Unit 5, Bhubaneswar
Odisha – 751001
Sub: Mandate for payment through electronic mode i.e.
EFT/NEFT/RTGS
Dear Sir,
We are hereby giving our consent to get all our payments due
from The Odisha Mining Corporation Ltd. through electronic mode
i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges
payable in this regard.
(Please furnish the information in capital letters)
1. Name of the bidder
2. Address of the bidder
PIN Code
IT PAN
E-mail ld Mobile No
Phone FAX No
3. Bank Particulars:
Bank Name
Branch Name
Branch Place
Account No.
Account Type Saving/Current/Cash Credit Branch State
RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank Enabled *
Yes/No
Branch Code MICR Code IFSC Code
* In case of bidders having Bank account in Andhra Bank
4. Effective Date
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The Odisha Mining Corporation Limited Empanelment of agencies to
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NIT No. 04 dated 14th February, 2019 We hereby declare that the
particulars furnished are correct & complete. If any
transaction is delayed or not effected for incomplete/incorrect
information/any other technical reasons, we will not hold the OMC
Ltd. responsible.
Date Signature of the Bidder
Certified that the bank particulars furnished are correct as per
our record.
Date: Signature of the bank with seal
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NIT No. 04 dated 14th February, 2019
12. Annexure 4: Check-list for the Techno-Commercial Bid
(to be enclosed with the Techno-Commercial Bid)
1. Name of the bidder, postal address & registered
Office:
2. Type of organization:
3. Contact name & designation of the authorized signatory of
the bidder & contact number:
4. Official email, phone, fax:
5. Official website:
Sl. No. Documents to be submitted Complied Documents 1 Signed
copy of this check list with stamp 2 Power of Attorney (Ref: Clause
4.12.1 (i)) 3 Proof of payment of EMD / documents related
to exemption from the same (Ref: Clause 4.12.1 (ii))
4 Documents in support of meeting the Technical Capacity -
towards requirements of Clause 4.5.1.
5 Documents in support of meeting the Financial Capacity -
towards requirements of Clause 4.5.2.
6 Documents in support of meeting the other criteria specified
as part of the eligibility criteria - towards requirements of
Clause 4.5.3.
7 Bank details for refund of EMD through e-payment (Ref: Clause
4.12.1 (iv))
8 Documents related to the experience, credentials and personal
of the bidder, as required for determining the Technical Score, Ts
of the bidder (Ref: Clause 4.24)
9 The Techno-Commercial Bid contains no Price Bid related
information
Not applicable
Date Signature of the Bidder
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NIT No. 04 dated 14th February, 2019
Annexure 5: Format for Submission of Curriculum Vitae (CV)1
Summary:
1. Name of the personnel:
2. Name of Agency:
3. Date of Birth: Citizenship:
4. Education:
College/ University Attended Degree/ Certificate Date
Obtained
5. Languages:
6. Employment Record:
From (Year) To (Year) Employer Positions held
7. Details of SAP certifications:
8. List all projects done in last 3 years:
1 to be accompanied by the necessary documentary evidence
regarding the qualifications and experience of the professionals as
well as their SAP certification.
Color passport size photograph of the personnel
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NIT No. 04 dated 14th February, 2019
Sl. No. Details of the Projects worked
Value of the Work
Name of the Client/ Customer
Date
9. Certification:
I. I, the undersigned, certify to the best of my knowledge and
belief that: II. This CV correctly describes my qualifications and
my experience.
III. I am not currently employed by OMC. IV. In the absence of
medical incapacity, I am willing and will be available to
deliver
required services at OMC during the tenure of the empanelment
and any agreed extension thereof.
V. I, the undersigned, certify that to the best of my knowledge
and belief, this curriculum vitae correctly describes me my
qualification and my experience.
VI. I understand that any willful misstatement described herein
may lead to my disqualification or dismissal, if engaged and
forfeiture of EMD
Date: To be signed by the personnel and the authorized signatory
of the agency
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Annexure 6: Agreement between OMC and Agency for
empanellment
Ref: [•] This Agreement (hereinafter called the “Agreement”) is
made on this [•] the day of the month of [month], [year].
BETWEEN The Odisha Mining Corporation Limited, an undertaking of
the Government of Odisha and having its head office at OMC House,
Bhubaneswar-751001 (hereinafter referred to as “OMC”, which
expression shall, unless repugnant to or inconsistent with the
context, mean and include its successors and assigns) of the first
part.
AND M/s. [•], a company incorporated under the provisions of the
Companies Act, 1956/2013 or a LLP registered under LLP Act or a
firm established in India and having its registered office at [•]
(hereinafter referred to as the “vendor” which expression shall
unless repugnant to or inconsistent with the context, mean and
include its successors and assigns) of the other part. WHEREAS
i. The vendor, in the ordinary course of its business, is
engaged in providing SAP based
development and implementation related IT services to its
clients, and have been empaneled by OMC vide letter of empanelment
no. [•] dated [•];
ii. on the basis of the said empanelment, OMC has enlisted the
vendor to undertake
certain, described in Clause 1 (the “Scope of Work”) and
thereafter the vendor and OMC have mutually agreed to the terms
& conditions as set out here;
iii. the vendor is being engaged to provide the required
services for a period of [•] days/
months on the terms and conditions set forth in this
Agreement;
NOW THEREFORE THE PARTIES hereby agree as follows: 1. The mutual
rights and obligations of the vendor and OMC shall be as set forth
in the
tender, in particular:
(a) The vendor shall provide their services in accordance with
the provisions as laid down in tender ; and
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(b) OMC shall make payments to the vendor in accordance with the
provisions as per the payment clause of the tender.
2. Conditions of Agreement
(a) The time period for delivering the scope of services shall
be for a tenure of [•]
([●]) days/ months from the effective date of the Agreement.
(b) The Agreement shall be governed by the laws of India and the
courts of Bhubaneshwar shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/or in connection with this
Agreement
(c) This Agreement has been executed in English, which shall be
the binding and
controlling language for all matters relating to the meaning or
interpretation of this Agreement
3. Scope of Work of the vendor
The vendor shall carryout the work as mentioned in the broad
scope of work mentioned in the tender during the entire period of
contract.
4. Location of the work The location of the work shall be the
OMC office at Bhubaneshwar and the vendor shall bear any travel
costs to be incurred by them to reach the OMC office in
Bhubaneshwar, as well stay costs in Bhubaneshwar (as applicable),
along with any other out of pocket expenses. Licensing, software
and hardware costs, if any, shall be borne by OMC directly. In case
the work has to be done at any other locations of OMC outside
Bhubaneshwar, OMC shall arrange for the to and fro travel from
Bhubaneshwar to such locations as well as for food and
accommodation at the guest houses of OMC at such locations on a
free of cost basis.
5. Payment Terms Payment: 90% payment along with 100% GST shall
be made at Head Office against completion of development and
implementation in SAP system and satisfied certification from the
authorized representatives of OMC. The agency shall submit bill in
duplicate as per service order which will be properly certified by
the respective user towards performance of the agency and
recommendation of concerned HOD.
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Balance 10% payment shall be released at Head Office after
successful completion of service warranty for a period of 3 months
from the date of completion of job duly certified by the Section
Head. TDS under IT Act and any other Act as applicable &
statutory deductions as per Govt. norm shall be deducted from the
bills. All bills are to be submitted as per GST Act & Rules as
applicable The payments shall be made directly to the bank account
of the agency.
6. Commencement Date/ Effective Date: The commencement date/
effective date of the agreement shall be [●].
7. Taxes and duties: i) The fees specified at Clause 4 above is
exclusive of GST.
ii) GST & all other taxes, levies and duties, shall be
additionally borne and paid
by OMC along with each payment/ invoice at the prevailing rates.
iii) Income tax may be deducted by OMC as per existing statutory
rules and TDS
certificate shall be issued by OMC. iv) The tax invoice must be
raised in accordance with section 31 of the GST Act
and relevant rules made thereunder. v) The invoice should
contain the particulars as required under Rule 46 of CGST
Rules.
viii) The vendor should file the GST Returns as required in the
GST Acts, and details of invoice submitted to OMC and GST amount
charged thereon should reflect in Form GSTR-2A within a reasonable
time, so as to make OMC enable to take Input Tax Credit (ITC) of
the GST amount paid against those invoices.
ix) If due to any reason attributable to the vendor, the input
credit of the GST amount paid on invoices raised by the vendor is
not available to OMC/ or is denied to OMC, then the same will be
recovered from the dues of the vendor or the vendor has to deposit
an equivalent amount with OMC.
x) The vendor has to comply with all the provisions of the GST
Act, and rules and
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notifications issued thereunder.
xi) The vendor hereby undertakes to indemnify OMC, from any
liabilities arising in future due to non-compliance by the vendor
of the GST Act, rules and any other Acts currently in force and
applicable to the vendor by OMC.
8. Performance Security: The vendor has to submit Performance
Security after award
of LOI or Purchase order as per the amount prescribed in tender
clause number.
9. Restrictions on sub-contracting/ out-sourcing/ sub-letting/
assignment: The overall responsibility of undertaking the work lies
with the agency and the agency is not allowed to subcontract,
outsource, sub-let or assign the assigned projects/ jobs to any
third party. The replacement of the proposed professionals shall
normally not be allowed except in the case of resignation, medical
incapacity or demise of such professionals or any other extraneous
circumstances beyond the reasonable control of the agency. Such
replacement shall be subject to availability of professionals of
equivalent or better qualifications and experience. Any replacement
of professionals shall be with the written approval of the key
contact from OMC side. However, the OMC management reserves the
full right to refuse any such approval without being bound to
provide any reason or rationale for such decision.
10. Responsibilities of OMC:
The responsibilities of OMC shall include the following:
i) Provide all necessary infrastructure support, as may be
required from time to time for the personnel deployed by the
vendor.
ii) Furnish all requisite data, information, documents and
drawing as required by the vendor to carry out their scope of
work.
11. Responsibilities of the vendor:
i) The vendor’s personnel shall be used for providing work/
services as specified
by OMC in this agreement. In case any personnel of the vendor is
found not capable/ useful to OMC, the vendor shall with draw
him/her from service and arrange for replacement immediately within
15 days’ time at their own cost.
ii) The vendor shall be responsible for any physical damage to
equipment, property and third party liabilities caused by acts on
part of its deployed manpower at the premises of OMC. All equipment
shall be used only for the purpose of carrying out legitimate
business of OMC and shall not be put into any other use.
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iii) The manpower deployed by the vendor shall maintain office
decorum. They shall be courteous, polite and cooperative with the
personnel of OMC and other vendors/ suppliers appointed by OMC. The
vendor should verify the character antecedents before deploying any
person at OMC.
iv) OMC reserves the right to deduct amount from the Performance
Security as
may be considered reasonable for unsatisfactory services or
delay in providing of services. However, OMC will discuss with the
vendor before taking any decision in this regard.
v) The vendor shall be responsible for PF, gratuity and all
other statutory dues in
respect of the manpower deployed by it for the delivery of the
services, even such manpower are deployed full time for the work of
OMC.
vi) Medical or any other allowances payable to the personnel or
sub-contractors
deployed will not be borne by OMC. It will be the responsibility
of the vendor. vii) For the personnel deployed at OMC premises, the
vendor shall keep with
them, their present and permanent address with contact details,
educational and technical qualification details, specimen
signature, and two passport size photographs and furnish these
details/information to OMC, as and when required by OMC.
12. Limitation of liability The aggregate liability of the
vendor shall be limited to one time the charges/ fees paid by OMC
under this agreement.
13. Price Fall clause The price charged for the services being
delivered by the vendor shall in no event exceed the lowest price
at which the vendors provides identical services to any person(s)/
organisation(s) including OMC or to the Central Government or State
Government departments or any Public Sector undertakings of the
Central or a State Government, as the case may be, during the
period till the completion of the entire scope of services under
the agreement. If the vendor reduces its price or provides or even
offers to provide the same services, at a price lower than the
price under the agreement, to any person or organization during the
currency of the agreement, the price of the contract shall be
automatically reduced with effect from that date for the subsequent
delivery of all services under the contract shall be amended
accordingly.
14. Right to risk purchase: If the vendor fails to fulfill the
terms and conditions of the contract, OMC shall have the right to
procure the services from any other party for the execution/
completion of the scope of services under the contract and
recover
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from the vendor all charges/expenses/losses/damages suffered by
OMC, at the risk and cost of the vendor, after giving 15 (fifteen)
days of notice to the vendor. This will be without prejudice to the
rights of OMC for any other action including termination of the
contract.
15. Confidentiality The vendor shall maintain strict
confidentiality of all documents and information made available by
OMC, in respect of the execution of this contract. Similarly, OMC
shall maintain strict confidentiality of all documents, drawings,
design and other technical information submitted by the vendor and
shall not pass on any information to any agency/ organization
except to those who are directly connected with the execution of
this contract.
16. Penalties for Non-Performance
16.1 Penalties
In case of delay in completion of services, a penalty equal to
1% (one per cent) of the contract price (excluding taxes and
duties) per week subject to a maximum 10% (ten per cent) of the
contract value will be imposed and shall be recovered from payments
due. However in case of delay due to reasons beyond the control of
the vendor, suitable extension of time may be granted. GST on
penalty shall be recovered in addition to the Penalty amount.
Invoice for such penalty amount shall be issued by OMC.
16.2 Termination by OMC
The Agreement may be terminated by OMC under any or all of
following situations:
i) if the performance of the vendor is found to be
non-satisfactory and falls
below the expectations of OMC; or
ii) if the vendor resorts to unfair practices; or iii) if the
vendor provides false information; or
iv) if the vendor fails to meet targets as agreed mutually or as
per the agreed
timelines; or
v) if OMC, in its sole discretion and for any reason whatsoever,
decides to terminate this contract; or
vi) if the vendor becomes insolvent, bankrupt, winds up business
or goes into liquidation.
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In case of the any of the above scenarios, the vendor shall be
given an official written warning and asked to improve their
performance within a period of 30 (thirty) days from the date of
such notice, failing which OMC may terminate the contract after
serving a 30 (thirty) days written notice for termination of
contract, without any further reference to the vendor and also
appropriate the Performance Security of the vendor forthwith.
16.3 Cessation of Rights and Obligations Upon termination of
this contract pursuant or upon expiration of this contract, all
rights and obligations of the parties hereunder shall cease, except
(i) such rights and obligations as may have accrued on the date of
termination or expiration, (ii) the obligation of confidentiality,
(iii) the vendor’s obligation to permit inspection, copying and
auditing of their accounts and records and (iv) any right which a
party may have under applicable law.
16.4 Cessation of Services Upon termination of this contract by
written notice of either party to the other, the vendor shall,
immediately upon receipt of such notice, take all necessary steps
to bring the services to a close in a prompt and orderly manner and
shall make every reasonable effort to keep expenditures for this
purp