dsoy ljdkjh iz;ksx ds fy, FOR OFFICE USE ONLY No. NCA/HM/006 ueZnk unh ds dNkj esa varokZg iwokZuqeku rFkk ty ys[kkdj.k ds dk;ksZa gsrq ^^okLrfod le; vk¡dM+k vtZu iz.kkyh ¼vkj-Vh-Mh-,-,l-½^^ dks lafdz;kRed djus ,oa buds j[kj[kko ls lEc) dk;ksZa gsrq ^^izLrko fuosnu dk izys[k izi=^^ REQUEST FOR PROPOSAL DOCUMENT FOR OPERATIONALIZATION OF REAL TIME DATA ACQUISITION SYSTEM (RTDAS) & ITS MAINTENANCE FOR INFLOW FORECASTING & WATER ACCOUNTING IN NARMADA RIVER BASIN vDrwcj] 2013 October, 2013
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1 Client Supplier
OPERATIONALIZATION OF REAL TIME DATA ACQUISITION SYSTEM (RTDAS) & ITS MAINTENANCE
FOR INFLOW FORECASTING & WATER ACCOUNTING IN NARMADA RIVER BASIN
Disclaimer
The information contained in this Request for Proposal (hereinafter, referred to as ““RFP””) document provided by Narmada Control Authority (hereinafter, referred to as “Client”) or any of their employees, is issued to the Bidder/Supplier(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided. The purpose of this RFP document is to provide some information to supplier for the formulation of their Proposals. This RFP document does not purport to contain all the information each Bidder/Supplier may require. This RFP document may not be complete in all respects, and it is not possible for Client and their employees to consider the business / investment objectives, financial situation and particular needs of each Bidder/Supplier, who reads or uses this RFP document. Each Bidder/Supplier should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP document and where necessary obtain independent advice from appropriate sources. Client and their employees make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP document. Client may, in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP document, which should be taken into account by the suppliers while framing their proposal. Request for proposal (RFP)document shall be bilingual in the English and Hindi Language. In the bilingual document the Stipulation in English version shall prevail in case of any discrepancy between two versions.
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ueZnk unh dNkj esa varokZg iwokZuqeku rFkk ty ys[kkdj.k ds dk;ksZa gsrq okLrfod le; vk¡dM+k vtZu iz.kkyh
OPERATIONALIZATION OF REAL TIME DATA ACQUISITION SYSTEM (RTDAS) & ITS MAINTENANCE
FOR INFLOW FORECASTING & WATER ACCOUNTING IN NARMADA RIVER BASIN
NOTICE INVITING RFP - SCHEDULE OF BIDDING PROCESS
(NCA would endeavour to adhere to the following schedule during the Bidding Process but NCA and their employees make no representation or warranty and shall incur no liability under any law, statute, rules orregulations if the same could not be followed.)
1 Date of issue of notice Inviting “Request For Proposal”
22.10.2013( Tuesday)
2. Last Date of Receiving comments/queries, if any, from the prospective Bidder on Request For Proposal.
15.11.2013 (Friday)
3. Conducted tour of Key Stations 19.11.2013 to 22.11.2013 (Tuesday to Friday)
4. Pre-Proposal Meeting 02.12.2013 (Monday)
5. Finalisation of Scope of Work (including terms and conditions, specifications)/ after pre-proposal meeting
16.12.2013 (Monday)
6. Last date of the Sale of Request For Proposal document
30.12.2013 (Monday)
7. Last date and time for receipt of final Proposal 20.01.2014 (Monday) till 13.30 hrs
8. Bid validity 180 days after opening of Technical proposal
9. Date & Time of the opening of Technical Proposal 20.01.2014 (Monday) at 1630hrs
10. Place of the opening of Technical Proposal Office of the Chief Engineer, Regional Office, Narmada Control Authority, Indore
11. Date & Time of the opening of Financial Bid To be informed subsequently
12. Place of the opening of Financial Bid Office of the Chief Engineer, Regional Office, Narmada Control Authority, Indore
SECTION 1 : NOTICE FOR “REQUEST FOR PROPOSAL (RFP)”
OPERATIONALIZATION OF REAL TIME DATA ACQUISITION SYSTEM (RTDAS) & ITS MAINTENANCE
FOR INFLOW FORECASTING & WATER ACCOUNTING IN NARMADA RIVER BASIN
Sealed Proposals are invited on behalf of Chairman, NCA from reputed Indian
Agencies/Suppliers either independently or in groups or in collaboration with Indian/foreign firms having experience in the field of supply, commissioning and maintenance of hydrological/ hydrometeorological Data communication through GSM/GPRS based communication technology in real time environment, Hydrological SCADA/flow SCADA with relevant sensors through any other communication technology, for operationalization of Real Time Data Acquisition System (RTDAS) for inflow forecasting & water accounting system in Narmada River Basin and its maintenance on turnkey basis as per the terms and specifications.
2. The Technical and Financial Proposals along with an Earnest Money Deposit (EMD) of Rs.5,00,000/- (Rs.Five lakh only) in the form of account payee Demand Draft / Term Deposit Receipt/Banker’s cheque from any of the nationalized bank in favour of the “Narmada Control
Authority”, payable at Indore, should be submitted to the Chief Engineer, Narmada Control
Authority, Narmada Sadan, Scheme 74, Vijaynagar, Indore – 452010 Madhya Pradesh (INDIA) latest by -20.01.2014 at 13.30 Hrs. Interested eligible Agency/Supplier may obtain the RFP document on payment of Rs.5,000/-(Rupees Five Thousand only) non refundable through cash or Demand Draft in favour of Narmada Control Authority, Indore from the Accounts Section during working hours on week days (except Saturday, Sunday & Gazetted Holidays) on or before 1600 Hrs on 20.01.2014. Detailed information including RFP document can also be downloaded by visiting the website of NCA http://www.nca.gov.in. The cost of the RFP document in such case shall have to be deposited by Demand Draft in favour of Narmada Control Authority payable at Indore along with the proposal. Failing which bid shall be summarily rejected.
3. Interested bidders may obtain RFP document and seek any clarification on RFP document, Scope of Work, Terms of Reference, etc., through letter(s)/standard electronic means addressed to the undersigned latest by 30.12.2013. The bidders should be willing to make presentation and attend Pre Proposal Conference scheduled for 02.12.2013 at Indore/New Delhi (exact venue, date & time shall be intimated to the Interested agencies who have obtained the RFP document from the Accounts Branch, NCA) at their own cost.
4. NCA has the right to reject any or all the Proposals without assigning any reason.
Sd/- Chief Engineer
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ifjHkk"kk,¡ (a) ^vf/kd`r gLrk{kjdrkZ^ ls ;gk¡ rkRi;Z fdlh ,sls O;fDr ls gS tks
cksyhdrkZ@iz/kku cksyhdrkZ }kjk mudh vksj ls cksyh ij gLrk{kj ,oa
Definitions (a) “Authorized Signatory” means the person authorized by the Bidder/Principal Bidder in the form of a written ‘Power of Attorney’
to sign the Bid and subsequent correspondence on behalf of the Bidder/Principal Bidder which shall be binding on the Bidder/Principal Bidder.
(b) “Bid” means the offer submitted by the Bidder in accordance with this RFP document comprising of Technical proposal and Financial Proposal and EMD.
(c) “Bidder” means any entity (which may include firms, agencies, suppliers, organizations, contractor etc.) or person, who is participating in the bidding process by offering his bid.
(d) “Client” means the Narmada Control Authority having its headquarter at Narmada Sadan, Scheme 74, Vijaynagar, Indore – 452010 (Madhya Pradesh) INDIA with which the selected agencies/supplier would sign the Contract for the Services.
(e) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is the General Conditions (GC), the Special Conditions (SC), and the Appendices and in accepted bid of the supplier and any amendment issued from time to time.
(f) “Consortium” means any reputed firm & company or group of firms/companies in India or abroad associated with the Supplier bearing the liabilities/obligations in the performance of contract and sharing the financial/technical inputs and the benefits.
(g) “Day” means calendar day.
(h) “Government” means the Government of India and/or the State Government of Madhya Pradesh/Gujarat/Maharashtra/Rajasthan.
(i) “Instructions to Bidders” (Section 2 of the RFP) means the document which provides interested eligible supplier with information needed to prepare their Proposals.
(j) “MCC” means Master Control Centre located at D-3/2, Narmada Colony, Scheme 78, Vijay Nagar, Indore - 452 010 (Madhya Pradesh)
(k) “NRFP” (Notice For Request For Proposal - Section 1 of the RFP) means the Notice Inviting Request For Proposal widely published by the Client for seeking proposal from the interested eligible suppliers/agencies.
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miyC/k djok, tk jgs mu lHkh LVkWQ ls gS] tks muds dk;ksZa dks
djus@djokus esa lgk;d gks jgs gSa@lg;ksx dj jgs gSa vkSj mUgsa lafonk
iz.kkyh dks lafdz;kREkd j[krs gq, mldk j[kj[kko djus ls gSA
6 Client Supplier
(l) “Personnel” means professionals and support staff provided by the Supplier or by any Sub-Contractor and assigned to perform the Services or any part thereof; “Foreign Personnel” means such
professionals and support staff who at the time of being so provided had their domicile outside India; “Local Personnel” means such
professionals and support staff who at the time of being so provided had their domicile inside India.
(m) “Principal Bidder/Supplier” means a lead entity (which may include firms, agencies, suppliers, organizations, contractor etc.) or person, who has been nominated by all the partners of a consortium/joint venture authorized to incur liabilities, receive instructions and sign the contract agreement with the Client on behalf of any and all partners of the consortium/joint venture and who will also be the Principal Supplier after the signing of the contract agreement for the execution of the entire contract, submission of the various reports, notice, bills and incur liabilities, receive payments from the Client against the bill and shall be solely responsible for the successful implementation of the contract on behalf of any and all partners of the consortium/joint venture under MoU.
(n) “Project” means Real Time Data Acquisition System (RTDAS) project which includes Hydrometeorological/Hydrological Sensors, GSM/GPRS communication system, computer system along with peripherals at MCC and other accessories & auxiliaries, standby power system as may be required for automated data collection from specified locations at pre prescribed intervals in real time environment to facilitate formulation of inflow forecast and water accounting and other allied tasks in Narmada basin.
(o) “Proposal” means the Technical Proposal and the Financial Proposal.
(p) “RFP” means the Request For Proposal to be prepared by the Client for the selection of Supplier.
(q) “Service Provider” means the established agency or group of agencies providing the facility of GSM/GPRS communication between the sites and MCC
(r) “Services” means the ancillary work to be performed by the Supplier pursuant to the Contract, i.e., for operationalization of Real Time Data Acquisition System (RTDAS) and its maintenance for 8 years after commissioning for inflow forecasting & water accounting for the performance of contract.
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(s)
^LFky* ls ;gk¡ rkRi;Z vk¡dM+k voyksdu dsUnz ds LFkkuksa ls gS vFkok dksbZ
(s) “Site” means the location of data observation station or any location of communication station configured in the network or Master Control Centre (MCC) for the RTDAS network.
(t) “Specifications”means the document included in the RFP as Section 6 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Supplier and expected results and deliverables of the assignment.
(u) “Sub-Contractor” means any person or entity to whom the Supplier subcontracts any part of the Services.
(v) “Successful Testing” means the performance of the complete RTDAS network as well as individual equipment thereon as per capacities and guaranteed performance for the specified parameters demonstrated by the Supplier continuously for a period of 30 days as mutually agreed by both client & Supplier during the performance of contract.
(w) “Supplier” means any principal entity (which may include firms, agencies, supplier, organizations, contractor, etc.) or person that may provide or provides the Services to the Client under the Contract.
(x) “Tariff” means the monthly and yearly charges of service provider to be paid to them for providing the communication traffic.
(y) “Taking over” means the taking over of the project by the client on the successful testing.
(z) “Traffic” means the bandwidth, communication time used, data volume on the channel for which tariff is charged by the ‘service
provider’
1.Introduction 1.1 The Client will select a firm/organization (the Supplier) in accordance with the method of selection specified in the Data Sheet.
1.2 The interested eligible Suppliers/Agencies (Bidders) are invited to submit a Technical Proposal and a Financial Proposal as per schedule of requirement & specifications for the operationalization of RTDAS in Narmada basin and services required for the performance. The Proposal will be the basis for a signed Contract with the selected Supplier.
1.3 Bidders should familiarize themselves with local conditions and take them into account while preparing their Proposals. To obtain first-hand information on the assignment and local conditions, Bidders are encouraged to visit the Client office, site, etc., at their cost before submitting a proposal and to attend a Pre-Proposal Conference. Attending the Pre-Proposal Conference is desirable. Bidders should contact the Client’s representative named in the
Data Sheet to arrange for their visit under conducted tour to sites as selected by the Client or to obtain additional information on the Pre-Proposal Conference. Bidder should ensure that these officials are informed well in advance about their visit.
1.4 The Client may provide to the Bidders the inputs and limited facilities.
1.5 Bidders shall bear all costs associated with the preparation and submission of their proposals and signing of contract. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby bearing any liability to the Bidders for any loss caused to them.
Conflict of Interest
1.6 Bidders/Supplier should provide professional, objective, and impartial advice and at all times hold the Client’s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work.
1.6.1 Without limitation on the generality of the foregoing, Bidders/ Supplier and any of their affiliates, shall be considered to have a conflict of interest and shall not be contracted, under any of the circumstances set forth below:
Conflicting activities
(i) Bidder or a firm that has been engaged by the Bidder to provide goods, works or services shall not disclose the content of contract or any provision thereof, or any information related to plan, specifications, drawings etc. to any person or agency other than the person/agency deployed by the Supplier in the performance of contract unless prior written consent of the client is there.
Conflicting relationships
(ii) A Bidder (including its Personnel, consortium members and Sub-Consultants) that has a business or family relationship with a member of the Client’s staff who is directly or indirectly involved
in any part of (i) the preparation of the specifications of the assignment, (ii) the selection process for such assignment, or
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(iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable throughout the selection process and the execution of the Contract.
1.6.2 Supplier shall have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the termination of its Contract.
Fraud and Corruption
1.7 The Client requires that Bidders/Contractor/ Agency under this contract, adhere to the highest ethical standards, both during the selection process and throughout the execution of a contract. In pursuance of this policy, the Client:
(a) defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving,
or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or
omission of facts in order to influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more Bidders with or without the knowledge of the Client, designed to establish prices at artificial, noncompetitive levels;
(iv) “coercive practices” means harming or threatening to
harm, directly or indirectly, persons or their property to influence their participation in a procurement/ evaluation process, or affect the execution of a contract.
(b) Client will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in question;
(c) Client may sanction a Bidder, including declaring the Bidder ineligible, either indefinitely or for a stated period of time, if at any time determines that the Bidder has, directly of through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing contract; and
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10 Client Supplier
(d) Client shall have the right to inspect the Consultant’s accounts
and records and other documents relating to the submission of proposals and contract performance.
1.8 (a) Bidders, their Sub-Consultants, and their consortium member shall not be under a declaration of ineligibility for corrupt and fraudulent practices. Furthermore, the Bidders shall be aware of the provisions on fraud and corruption stated in the specific clauses in the General Conditions of Contract.
(b) The services of the retired officers of Central government/ State government/Public Sector Undertaking shall not be hired for deployment for the implementation of this project unless the prior approval/permission has been obtained from the competent authority of the concerned department/ organization.
1.9 Bidder shall furnish information on commissions and gratuities, if any, paid or to be paid to agents relating to this proposal and during execution of the assignment if the Bidder is awarded the Contract, as requested in the Financial Proposal submission form (Section 4).
Eligible Bidders
1.10 Reputed Indian Supplier/Agency/Firms & their consortium members having experience in the implementation of similar works as proposed hereunder. Similar works are defined as these involving supply, design/plan of the installation of the individual equipment as per standards & networking integration of sensors of similar technology with Data collection unit/Data loggers & communication system for Telemetry, preferably through GSM/GPRS network in river basins in India or elsewhere & its maintenance. In case of the consortium of manufacturers, authorized dealers, suppliers, contractors, service providers etc. for the major components of work viz. Data collection unit/Data loggers, Telemetry, GSM/GPRS communications, maintenance service of Telemetry system etc. the qualifying criteria shall be applicable to Consortium as a whole. A copy of MOU indicating the responsibility of each partner duly registered by the competent authority establishing consortium shall be required to be submitted with the bid. Foreign agency/agencies may be a partner of the consortium provided they belong to eligible countries. However, the principal Bidder shall be Indian/registered in India who will have overall sole responsibility & liabilities for the performance of the contract, if awarded, and with whom client will interact. No foreign agency can be the Principal Bidder in this Bidding process.
1.11 Bidders & the consortium members shall be required to furnish following information along with their bid proposal for the establishment of their eligibility.
(i) Self attested copy of Annual Report including details of the Balance sheet, Profit and Loss Account for the last three financial years in respect of Principal Bidder & each of the consortium Members
(ii) Self attested copy of the PAN card, TIN, income tax and Sales Tax returns of last three financial years including latest year.
(iii) Copy of the service tax registration, if applicable, license of establishment, dealership authorization certificates.
(iv) Bank solvency certificate in original.
(v) Details of manufacturing facilities available, if applicable.
(vi) Experience certificate. The Bidder shall have to submit a brief write up including communication link already commissioned by him/his firm(s) which is still working, duly certified by the user/competent authority of the users Department. Bidder shall clearly state the difference in the specifications of equipment and Telemetry network technology, if so between the executed work & proposed in this document and also the present status of the executed work.
(vii) Details regarding foreign consortium members, if any.
(viii) Man power availability with details of key staff along with their expertise & experience to be deputed for the implementation of contract, if awarded.
Any false/incorrect information detected at any time may risk rejection of bid and termination of contract, if awarded, at any stage of implementation.
Origin of Goods and Services
1.12 Goods supplied and Services provided under the Contract may have origin in any country except that, as a matter of law or official regulation, the Government prohibits commercial relations with that country. “Origin” means the place where the goods are mined, grown or produced or from where the ancillary services are provided.
Only one Proposal
1.13 Interested eligible Bidder may submit only one proposal. If a Bidder submits or participates in more than one proposal, such proposals shall be disqualified.
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12 Client Supplier
Proposal Validity
1.14 The Data Sheet indicates how long Consultants’ Proposals must
remain valid after the submission date. During this period, Bidder shall maintain the availability of Professional staff nominated in the Proposal. The Client will make its best effort to complete finalization of tender for award of work within this period. Should the need arise, however, the Client may request Bidders to extend the validity period of their proposals. Bidders who agree unconditionally to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirmation of extension of validity of the Proposal, No amendments in the bid shall be allowed on account of such extension of the validity period. Bidders who do not agree have the right to refuse to extend the validity of their Proposals without forfeiting their Bid security.
Eligibility of Sub-Contractors
1.15 In case an Interested eligible Supplier intends to associate other sub contractors who are not the members of the consortium for some specific job, the eligibility of such sub contractor shall be governed by the eligibility criteria. During the implementation of contract deployment of such sub contractor, if chosen later, shall be with the mutual consents of both client & supplier.
2. Clarification and Amendment of RFP Documents
2.1 Supplier may request a clarification of any of the RFP documents up to the number of days indicated in the Data Sheet before the proposal submission date. Any request for clarification must be sent in writing, or by standard electronic means to the Client’s
address indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Bidders who have bought the RFP document from the Accounts section of client. However, the response of the client shall also be made available on the client website. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure under para. 2.2.
2.2 At any time before the submission of Proposals, the Client may amend the RFP by issuing an addendum in writing or by standard electronic means. The addendum shall be sent to all Bidders and will be binding on them. Bidders shall acknowledge receipt of all such amendments. This will also be made available on NCA website (www.nca.gov.in). To give Bidders reasonable time in which to take an amendment into account in their Proposals the Client may, if the amendment is substantial, extend the deadline for the submission of Proposals.
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13 Client Supplier
3. Bid Security 3.1 Bidder shall furnish. Bid security for the amount of Rs.5,00,000/- (Rupees` Five lakh only) through Demand Draft/Bankers cheque or Term Deposit Receipt (TDR) of a Nationalized Bank drawn in favour of Narmada Control Authority payable at Indore. In case of TDR, the term of deposit must not be less than 180 days from the date of the opening of Technical proposal and Bidder must put his seal & signature on its reverse side. The bid security shall be submitted in its original form only.
3.2 The Bid security is required to protect the client against the risk of Bidders conduct which would warrant the security forfeiture pursuant to clause 3.6
3.3 Any bid not accompanied with proper Bid security shall be summarily rejected by the client as non-responsive.
3.4 Bid security of the unsuccessful Bidders shall be refunded/ returned within 30 days of the finalization of tendering process after the issue of the letter of intent for the award of work to successful Bidder without accruing any interest thereon.
3.5 Bid security of the successful Bidder shall be refunded/returned without accruing any interest thereon within 30 days of the signing of contract agreement.
3.6 Bid security shall be forfeited in the following event
(a) If a Bidder withdraws or modifies its Bid unilaterally after its opening or/and enter into corruption and fraudulent act during the process of the evaluation and finalization of bid for award of contract;
(b) If the successful Bidder fails to furnish the proper performance security or/and sign the contract agreement within the period specified by the client in the letter of intent for award of contract.
4. Preparation of Proposals
4.1 The Proposal as well as all related correspondence exchanged by the Supplier and the Client, shall be written in the language (s) specified in the Data Sheet.
4.2 In preparing their Proposal, Supplier are expected to examine in detail the documents comprising the RFP. Material deficiencies in providing the information requested may result in rejection of a Proposal.
4.3 (a) While preparing the Technical Proposal, Bidders must give particular attention to the following:
(i) The Proposal shall include all the information in pursuant to sub clause 1.11 & 1.12. The conforming standards of the goods and services to be supplied for the system shall be specified.
(ii) Each page of the Proposal shall be signed so as to be
legally binding on all partners; (iii) the Proposal shall include a copy of the agreement entered
into by the consortium partners defining the division of assignments to each partner and establishing that all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms and shall indicate who will act as the Principal supplier of consortium in the event of a successful bid, which shall be signed by all partners and submitted along with the bid.
(iv) One of the partners shall be nominated as being lead Bidder, who will also be the Principal Supplier on signing of the contract agreement with the Client, authorized to incur liabilities, and receive instructions for and on behalf of any and all partners of the joint venture; and
(v) the execution of the entire Contract, including payment,
shall be done exclusively with the principal supplier who will be solely responsible for the successful implementation of the contract.
(b) A clause by clause commentary on the technical specifications demonstrating the goods & services substantial responsive to those specifications and a separate statement of deviation & exceptions to the provisions of technical specification & commercial terms & conditions.
(c) A work plan from the date of the signing of agreement with time frame, the critical inputs and cash flow as per Tech-5. PERT-CPM chart may be provided. The language of the proposal shall be English only. However, subsequent correspondence may be either in English or in Hindi. In case of bilingual correspondence English version will prevail in case of any discrepancy.
(d) Type test certificates of the major equipment viz. sensors & communication equipment.
4.4 Depending on the nature of the assignment, Bidders are required to submit a Full Technical Proposal (FTP). The Data Sheet indicates the format of the Technical Proposal to be submitted. Submission of the wrong type of Technical Proposal will result in the Proposal being deemed non-responsive. The Technical Proposal shall provide the information indicated in the following para (a) using the attached Standard Forms (Section 7).
(a) For the FTP only: a brief description of the Bidders organization
and an outline of recent experience of the Bidder and, in the case of consortium, for each partner, on assignments of a similar nature is required in Form TECH-2 of Section 7. For each assignment, the outline should indicate the names of agency. Information should be provided only for those assignments for which the Bidder or consortium member was legally contracted as a corporation or as one of the major firms within a joint venture. Assignments completed by individual Professional staff working privately or through other consulting firms cannot be claimed as the experience of the Bidder, or that of the consortium.Bidder should be prepared to substantiate the claimed experience if so requested by the Client.
4.5 The Technical Proposal shall not include any financial
information. A Technical Proposal containing financial information may be declared as non responsive.
Financial Proposals
4.6 The Financial Proposal shall be prepared keeping in view of the Schedule of Requirement using the attached Standard Forms (Section 8). It shall list all costs associated with the successful implementation of the contract. All activities and items described in the Technical Proposal may be priced separately; activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items and no extra payment will be made. The cost of goods & services of both domestic/foreign origin must include all the applicable taxes, duties, local taxes, service tax etc., paid or payable, transportation charges, insurance charges and other allied service charges towards the safety & security of the stores/works. The total cost indicated in the bid of the successful Bidder shall constitute the contract price. The contract price shall remain firm during the entire execution period of the contract to the satisfaction of client.
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16 Client Supplier
4.7 Bidders must quote the price of their services including incidental services, training, any reconnaissance cost etc. separately.
4.8 Royalty & tariff charges, if any, to be paid by Supplier in the performance of contract will be quoted separately along with supporting documents.
4.9 Fluctuation on account of varied foreign exchange parity and the rates of the duties & taxes including local taxes, of any at the time of the actual supply of goods and services during the performance of contract shall neither be reimbursed nor deducted. However, payment shall be subjected to Tax Deduction at Source (TDS) as per applicable rates.
5. Submission, Receipt, and Opening of Proposals
5.1 The original proposal (Technical Proposal and, if required, Financial Proposal; see para. 1.2) shall contain no interlineations or overwriting, except as necessary to correct errors made by the Bidder themselves. The person who signed the proposal must initial such corrections. Submission letters for both Technical and Financial Proposals should respectively be in the format of TECH-1 of Section 7, and FIN-1 of Section 8.
5.2 An authorized representative of the Bidder shall initial all pages of the original Technical and Financial Proposals. The authorization shall be in the form of a written power of attorney accompanying the Proposal or in any other form demonstrating that the representative has been dully authorized to sign. The signed Technical and Financial Proposals shall be marked “Original”.
5.3 The Technical Proposal shall be marked “Original” or “Copy” as
appropriate. The Technical Proposals shall be sent to the addresses referred to in para1.13 and in the number of copies indicated in the Data Sheet. All required copies of the Technical Proposal are to be made from the original. If there are discrepancies between the original and the copies of the Technical Proposal, the original shall governs.
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5.4 The Proposal shall be submitted in two separately sealed envelopes duly marked Envelope – 1 : “TECHNICAL
PROPOSAL” & Envelope – 2 : “FINANCIAL PROPOSAL”.
The Envelope -1 will contain Client’s RFP Document (other than
priced Bill Of Quantities) which will be submitted under formal forwarding letter in standard printed form addressed to the Client, inter-alia, containing an undertaking that the RFP Document does not contain any amendment, modification or change of any type whatsoever in the RFP Document other than those notified by the Client and the Bid security. Cost of the RFP document through Demand draft must be enclosed if the RFP document has been downloaded from our site on internet. The Envelope- 2 will contain Priced Schedule of Requirement only giving the unit price and amount against each item with grand total at the end, in figures and in words. In case of the discrepancy between unit price and amount unit price shall prevail. Similarly in case of discrepancy between words & figures, words version shall prevail. If the bid is submitted in bilingual (English & Hindi) form, English version shall prevail.
5.5 The Bidder shall submit both Envelope – 1 - “TECHNICAL
PROPOSAL” & Envelope – 2 - “FINANCIAL PROPOSAL”,
which are separately closed envelopes duly marking the envelopes Envelope -1, 2 & 3 in one envelope addressed to:
Chief Engineer, Narmada Control Authority, Narmada Sadan, Scheme No.74, Vijay Nagar, Indore – 452010, MP, INDIA
Email: [email protected] And bear the following Identification i. “PROPOSAL FOR THE OPERATIONALIZATION OF
REAL TIME DATA ACQUISITION SYSTEM (RTDAS)& ITS MAINTENANCE FOR INFLOW FORECASTING AND WATER ACCOUTING IN NARMADA RIVER BASIN”
ii. Reference No-
iii. DO NOT OPEN BEFORE…………..(Date & time for Proposal Due Date)
iv. Name & Address of the Bidder………………………….
5.6 If the Outer envelope is not sealed and marked as above, the Client will assume no responsibility for the misplacement or premature opening of Bid / Proposal.
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18 Client Supplier
5.7 In addition to the identification required in Para 4, the inner envelopes shall indicate the name and address of the Bidder to enable the Proposal to be returned unopened in case it is declared late.
5.8 The Client shall not be responsible for misplacement, losing or premature opening if the outer envelope is not sealed and/or marked as stipulated. This circumstance may be case for Proposal rejection. If the Financial Proposal is not submitted in a separate sealed envelope duly marked as indicated above, this will constitute grounds for declaring the Proposal non-responsive.
5.9 The Proposals must be sent to the address/addresses indicated in the Data Sheet and received by the Client not later than the time and the date indicated in the Data Sheet, or any extension to this date in accordance with para. 2.2. Any proposal received by the Client after the deadline for submission shall be returned unopened.
5.10 The Client shall open the Technical Proposal immediately after the deadline for their submission. The envelopes with the Financial Proposal shall remain sealed and securely stored under the custody of the client.
6. Proposal Evaluation
6.1 From the time the Proposals are opened to the time the Contract is awarded, the Bidder or its associates should not contact the Client on any matter related to its Technical and/or Financial Proposal. Any effort by Bidder to influence the Client in the examination, evaluation, ranking of Proposals, and recommendation for award of Contract may result in the rejection of the Bidders Proposal.
Evaluators of Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded
Evaluation of Technical Proposals
6.2 The evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the eligibility criteria, Bidders qualification, experience and capacity specifications, conformity to terms & conditions, acceptable minor deviation, if any, applying the evaluation criteria and point system specified in the Data Sheet. Each responsive Proposal will be given a technical score (St). A Proposal shall be rejected at this stage if it does not respond to important aspects of the terms & conditions of the RFP, and particularly the specifications or if it fails to achieve the minimum technical score indicated in the Data Sheet.
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Public Opening and Evaluation of Financial Proposals
6.3 After the technical evaluation is completed, the Client shall inform the Bidder who have submitted proposals the technical scores obtained by their Technical Proposals, and shall notify those Bidders whose Proposals did not meet the minimum qualifying mark or were considered non responsive to the RFP that their Financial Proposals will be returned unopened after completing the selection process. The Client shall simultaneously notify in writing to Bidders that have secured the minimum qualifying mark and more, the date, time and location for opening the Financial Proposals. The opening date should allow Bidder sufficient time to make arrangements for attending the opening. Bidder attendance at the opening of Financial Proposals is optional at their discretion.
6.4 Financial Proposals shall be opened publicly in the presence of the Bidders representatives who choose to attend. The name of the Bidders and the technical scores of the Bidders shall be read aloud. The Financial Proposal of the Bidders who secured the minimum qualifying marks and more, will then be inspected to confirm that they have remained sealed and unopened. These Financial Proposals shall be then opened, and the total prices would be read aloud and recorded.
6.5 The Evaluation Committee will correct any computational errors. When correcting computational errors, in case of discrepancy between a rate and the total amount, or between word and figures the formers will prevail. In addition to the above corrections, as indicated under para. 4.6, activities and items described in the Technical Proposal, but not priced, shall be assumed to be included in the prices of other activities or items.
6.6 The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% + Sfx P%. The firm achieving the highest combined technical and financial score will be awarded the work.
7.1 The client will issue the letter of intent for the Award of contract indicating the contract price, Performance security requirements, requirements of agreement, time frame for its execution & the broad terms & conditions to the successful Bidder whose Bid has been evaluated as most viable & cost effective Techno Commercial proposal, duly approved by the approved competent authority. Client reserves the right to alter the quantity of required goods and services by ±20% without any alteration of the unit price & accepted terms & conditions of the Bid, at the time of the award of contract. Variation beyond 20%, if required, can be done with prior mutual concurrence in writings.
7.2 The letter of intent shall be sent expressly by speed post/fax and also through e-mail & receipt of which will be required to be acknowledged by the successful Bidder.
7.3 The letter of intent for the award of contract will constitute the formation of contract.
8. Performance Security
8.1 Pursuant to sub clause 7.1, within 21 days of the issue of the letter of intent for the award of contract, the successful Bidder shall furnish the performance security equivalent to the amount and the mode prescribed in the letter of intent for the award of contract. The performance security shall be submitted in original form only.
8.2 Performance security shall be 10% (Ten Percent) of the contract
price to be submitted in the mode of Demand Draft/Bankers Cheque/TDR/ Bank Guarantee drawn in favour of Narmada Control Authority payable at Indore. In case of TDR, its maturity shall be at least for 6months beyond the date of completion of the contract and it must bear the seal & signature of the Bidder on its reverse side. In case of Bank guarantee, it must have the validity at least for 6months beyond the date of completion of the contract.
8.3 The performance security shall be discharged on the successful
completion of all the obligations specified in the contract. 8.4 The proceeds of the performance security shall be forfeited by the
client, if he decides so, as compensation for any loss resulting from the failure of the supplier to complete its obligations under the contract.
9.1 The Client shall issue the letter of intent for the award of Contract to the selected Bidder. Client shall promptly notify all other unsuccessful Bidders whose price bids were opened, after the signing of agreement with the successful Bidders. The Client shall, however, return the Financial Proposals to the unsuccessful Bidders at the technical evaluation stage with Bid security after award of Contract.Bid security of other unsuccessful Bidders shall be returned after the signing of contract.
9.2 The successful Bidder is expected to commence the assignment
on the date and at the location specified in the Data Sheet.
10. Confident-iality
10.1 Information relating to evaluation of Proposals and recommendations concerning awards shall not be disclosed to the Bidders who submitted the Proposals or to other persons not officially concerned with the process, until the publication of the award of Contract. The undue use by any Bidder of confidential information related to the process may result in the rejection of its Proposal and may be subject to the provisions of antifraud and corruption policy.
Name of the Client: NARMADA CONTROL AUTHORITY (NCA)
The Narmada Control Authority, a body corporate of Ministry of Water Resources, Govt. of India has been set up as a part of the Narmada Water Scheme under section 6A of Inter State Water Disputes Act 1956 (last amended in 2002) to give effect to the decision of the Narmada Water Disputes Tribunal. The role of the Authority mainly comprises of overall coordination and direction of the implementation of all the projects including the engineering works, the environmental protection measures and the rehabilitation program and to ensure the faithful compliance of the terms and conditions stipulated by the Central Government at the time of clearance of the aforesaid projects. It is vested with powers to implement the orders of the Tribunal with respect to the storage, apportionment, regulation and control of the Narmada Waters, sharing of power benefits from Sardar Sarovar Project (SSP), regulated release of water by Madhya Pradesh, acquisition of land properties likely to be submerged under Sardar Sarovar Project by the concerned States, compensation and resettlement & rehabilitation of oustees, sharing of costs and implementation of environmental safeguard measures. With regard to flood forecasting & water accounting, the NWDT Award prescribes following mandates for NCA;
Clause XIV Sub-clause 8 (3)
(vi) The Authority shall cause to be established, maintained and operated by the State Governments concerned or any one or more of them, such stream and other gauging stations, equipped with automatic recorders where necessary, discharge, silt and evaporation observation stations and measuring devices as may be necessary from time to time for securing the records required for carrying out the provisions of the Orders.
(vii) Concurrent records shall be kept of the flow of the Narmada at all stations considered necessary by the Authority and the records correlated.
(x) The Authority shall determine the volume of water flowing in the river Narmada and its tributaries in a water year (1st July to 30th June next year).
(xi) The Authority shall determine from time to time the volume of water stored by each State in reservoirs and other storages and may for that purpose adopt any device or method.
(xii) The Authority shall issue appropriate directions for the establishment, maintenance and operation of an effective system of flood forecasting and flood control including reporting of heavy precipitation and telecommunication systems. The Authority shall publish annually and make available to party States the data regarding operation of reservoirs during floods.
Accordingly, Real-Time Data Acquisition System [RTDAS] comprising of 42 remote stations and a Master Control Centre for the acquisition of real-time hydro-meteorological data is planned to make operational the water management software for simulating the Narmada catchment for inflow forecasting of Indira Sagar Project at Punasa, MP and Sardar Sarovar Project at Kevadia, Gujarat, water accounting in Narmada basin and providing of requisite hydrological and hydrometeorological data to the party states viz. Gujarat, MP, Maharashtra & Rajasthanfor the purpose of study, formulation and monitoring of reservoir regulation and also regulation of water releases from Indira Sagar Project in Madhya Pradesh to Sardar Sarovar Project in Gujarat, as per directives of NWDT Award. Narmada Control Authority is funded by the four party States viz. Gujarat, Madhya Pradesh, Maharashtra and Rajasthan and the expenditure on Hydromet network is shared by them in the proportion of 44:40:15:1 respectively. The fund is placed at the disposal of NCA at the beginning of the financial year on the basis of the Revised Budget Estimate of previous year and the Budget Estimate of the current year. The functions & activities of NCA are regulated & controlled by a body called Narmada Control Authority and its allied subgroups, committee & sub committee, as the case may be.
1.2 Name of the assignment is : OPERATIONALIZATION OF REAL TIME DATA ACQUISITION SYSTEM (RTDAS) &ITS MAITENANCE FOR INFLOW FORECASTING & WATER ACCOUNTING IN NARMADA RIVER BASIN.
1.3
A pre-proposal conference will be held on 02.12.2013 at 11:00 hours at NCA Liaison Office, Room No. 1001, Bhikaji Cama Bhawan, Bhikaji Cama Place, New Delhi.
(Prospective Bidders must send their queries on RFP Document latest by 15.11.2013 to the Client’s representative)
The Client’s representative is: The Chief Engineer, Narmada Control Authority, Narmada Sadan, Scheme No.74, Vijay Nagar,
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24 Client Supplier
1.4 The Client will provide the following inputs and facilities: (i) Space for the installation & commissioning of equipment at the Remote
stations in Narmada basin and the Master Control Centre (MCC) at Indore.
(ii) Wherever puckka building is available at Remote station under the control of NCA, access may be provided at the discretion of client for temporary storage of goods at the risk & cost of the supplier for installation.
(iii) One room (unfurnished office space) for working at MCC, NCA, Indore
1.5 Proposals must remain valid for 180 days after the opening of proposal.
1.6 Clarifications may be requested not later than 15.11.2013
The address for requesting clarifications is: The Chief Engineer,
Narmada Control Authority, Narmada Sadan, Scheme No.74, Vijay Nagar,
The format of the Technical Proposal to be submitted is: Full Technical Proposal
1.9
Training is a specific component of this assignment.
Training in the installation, operation and maintenance of the RTDAS system to be provided to the officials of the client at Indore with some field visits. The field oriented training shall be on both preventive and break down maintenance. Supplier shall furnish the training agenda and the period.
1.10 Amounts payable by the Client to the Supplier shall be on stage basis on the basis of contract price. No variation in Taxes & duties under the contract shall be allowed irrespective of the production of evidence of the actual payment by the Supplier. Client is not authorised for any concession in duty/taxes.
1.11 Supplier shall state total cost in the national currency i.e. in Indian `. The cost will constitute the contract price which will remain firm. No price compensation or any variation will be allowed unless the order is changed in writing for which equitable adjustment shall be made, if necessary, as per the provision contained in Clause 12.1 & 12.2 Section-4 of this document.. The
1.12
Bidder must submit the original and four (4 ) copies (Total 5 copies) of the Technical Proposal, and the Financial Proposal in separate envelopes.
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The Proposal submission address is: The Chief Engineer,
Narmada Control Authority, Narmada Sadan, Scheme No.74, Vijay Nagar,
Indore – 452010, MP, India, Tel. : 0731-2554477 Email: [email protected] Proposals must be submitted not later than the following date and time: 1330 Hrs. on 20.01.2014 The same will be opened at 1630 Hrs. on 20.01.2014 in the presence of Bidder/authorized representative of Bidder, whosoever intend to be present.
1.14
Criteria and point system for the evaluation of Full Technical Proposals are: Points
(i) Specific experience of the Bidders & its consortium members relevant to the assignment: 20 (ii) Adequacy of the proposed methodology and work plan
in responding to the specifications: a) Technical specifications of goods & services and methodology 20 b) Work plan 10 c) Organization and staffing 10
Total points for criterion (ii): 40 (iii) Key professional staff qualifications and competence for the assignment:
a) Equipment installation & system 20 Integration and commissioning b) Network maintenance 10
Total points for criterion (iii): 30 (iv) Suitability of the transfer of knowledge (training) program:
a) Relevance of training program 2 b) Training approach and methodology (Training agenda) 5 c) Qualifications of experts and trainers 3
Total points for criterion (iv): 10 Total points for the four criteria: 100
The number of points to be assigned to each of the above positions or disciplines shall be determined considering the following three subcriteria and relevant percentage weights: 1) General qualifications 30% 2) Adequacy for the assignment 60% 3) Experience in the allied area 10%
Total weight: 100%
1.
The minimum technical score “St” required to pass is: 70 Points
1.15 The single currency for price conversions is: Indian `
1.16 The formula for determining the financial scores is as follows:
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26 Client Supplier
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F is the price of the proposal under consideration.
The weights given to the Technical and Financial Proposals are: T = 0.6 P = 0.4
1.17 The Performance Security shall be 10% of the contract price to be submitted in accordance with Sub-clause 8.2 Section-2.
1.18 Date for commencement of the contract execution shall be reckoned from the date of the signing of the contract agreement with the Client.
1.19 Expected completion date of the contract shall be 9 years reckoned from the date of the signing of the contract unless any time extension has been granted by the Client during the period of the contract implementation
1.20 The following documents shall constitute the part of the contract agreement :
(a) The General Conditions of Contract; (b) The Special Conditions of Contract;
(c) The Schedule of Requirements (d) The Specifications (e) The Financial Bid (f) The Technical Bid (g) Data Sheet (h) Client’s notification of Award (i) Negotiated and Accepted addendums (j) All correspondence with the Bidder during the process of Bid
evaluation before Award of Contract 2.
1.21 Client at his discretion may choose to refer the matter needing his approval to an expert or a third party design aids consultation/opinion without any prejudice to the request of the Supplier seeking approval. In such cases the decision of the Client shall be binding on the Supplier.
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1. GENERAL PROVISIONS 1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in the India.
(b) “Supplier” means any private or public entity that will provide the Goods &Services to the Client under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the Appendices.
(d) “Contract Price” means the price to be paid for the performance of the contract, in accordance with Clause 6;
(e) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1.
(f) “Foreign Currency” means any currency other than the Indian `.
(g) “GC”means these General Conditions of Contract.
(h) “Government” means the Government of India and or/ the State Governments of Madhya Pradesh/Gujarat/Maharashtra/ Rajasthan.
(i) “Local Currency” means the currency of the India, i.e., Indian `.
(j) “Member” means any of the entities that make up the consortium/association, and “Members” means all these
entities.
(k) “Party” means the Client or the Supplier, as the case may be, and “Parties” means both of them.
(l) “Personnel” means persons hired by the Supplier or by any Sub-Contractor and assigned to the performance of the Contract or any part thereof.
(m) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.
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(n) “Services” means the work to be performed by the Supplier pursuant to this Contract.
(o) “Goods” means all the equipments, machinery & other material, assembled or semi assembled, which the supplier is required to supply to the client for the successful performance of the contract.
(p) “Sub-contractors” means any person or entity to whom/which the Supplier subcontracts any part of the supply or the Services.
(q) “In writing” means communications in written form with due signatures.
1.2 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Laws in India.
1.3 Language This Contract is to be executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
1.4 Notices
1.4.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC.
1.4.2 A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC.
1.5 Location The Contract shall be performed at such locations as are specified in Appendix 2.
1.6 Authority of Member in Charge
In case the Bidder consists of a joint venture/ consortium/ association of more than one entity, the Members shall authorize the entity of Principal Supplier specified in the SC to act on their behalf in exercising all the suppliers’ rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.
1.7 Authorized Representa-tives
Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Supplier may be taken or executed by the authorized officials
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29 Client Supplier
.
1.8Taxes and DutiesThe taxes and duties including any local taxes included in the total cost quoted by the successful Bidder forming the contract price shall remain firm and no variation on this account shall be allowed. Client is not authorized for any concession of taxes/duties. The Tax Deduction at source (TDS) shall be effective as per prevalent rates at the time of the payment and the same shall not be reimbursed. However, client shall issue the certificate of such deductions in the prescribed format after the end of the concerned financial year.
1.9 Fraud and Corruption
1.9.1 Definitions
It is the policy that Supplierobserves the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Client: (a) defines, for the purpose of this provision, the terms set forth
below as follows: (i) “corrupt practice” means the offering, receiving, or
soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more Supplier, with or without the knowledge of the Borrower, designed to establish prices at artificial, non-competitive levels;
(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract;
1.9.2 Measures to be Taken
(b) Client will cancel the contract if it determines at any time that representatives of the Client were engaged in any corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract without any prejudice to any other disciplinary & vigilance action to be taken.
(c) Client will sanction a Supplier, including declaring the Supplier ineligible, either indefinitely or for a stated period of time, if it at any time determines that the Supplier has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing the contract;
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30 Client Supplier
1.9.3 Commis-sions and Fees
(d) Client may require the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents with respect to the selection process or execution of the contract. The information disclosed must include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 2.1 Effectiveness
of Contract This Contract shall come into effect on the date the Contract is signed by both Parties and such other later date as may be stated in the SC. The date the Contract comes into effect is defined as the Effective Date.
2.2 Commence-ment of Services
The Supplier shall begin the implementation of the contract not later than the number of days after the Effective Date specified in the SC.
2.3 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SC.
2.4 Modifications or Variations
Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the contract completion period, specifications of the equipments etc. may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.
2.5 Force Majeure
2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible
or so impracticable as to be considered impossible under the circumstances.
2.5.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
2.5.4 Payments During the period of their inability to perform the Contract as a result of an event of Force Majeure, the Supplier shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for demonstrable additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Service after the end of such period.
2.6 Termination 2.6.1 By the
Client
The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause GC 2.6.1. In such an occurrence the Client shall give a not less than thirty (30) days’ written notice of termination to the
Supplier, and sixty (60) days’ in the case of the event referred to in
(e). (a) If the Supplier does not remedy a failure in the performance of
their obligations under the Contract, within 48 hours after being notified or within any further period as the Client may have subsequently approved in writing, client shall have the right reserved for the invokement of Compensation for Supplier’s
delay in performance clause of the contract, forfeiture of Performance Security and recovery of the amount paid, all or any, as deemed fit.
(b) If the Supplier becomes insolvent or bankrupt. (c) If the Supplier, in the judgment of the Client has engaged in
corrupt or fraudulent practices in competing for or in executing the Contract.
(d) If, as the result of Force Majeure, the Supplier is unable to perform a material portion of the Contract for a period of not less than sixty (60) days.
(e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract, in addition to the cost of completed work, Client shall pay the cost of such part of the contract which were ready for execution within 30 days of the date of such termination on the production of evidence. If the Goods were ready for the supply same shall be supplied to the client expressly. If the services were ready for renderence at the site, the same shall be executed by the Supplier at the contract price or client may pay to the Supplier an agreed amount without getting such services executed.
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(f) If the Supplier fails to comply with any final decision reached
as a result of arbitration proceedings pursuant to Clause GC 8 hereof.
2.6.2 By the Supplier
The Supplier may terminate this Contract, by not less than thirty (30) days’ written notice to the Client, such notice to be given after the
occurrence of any of the events specified in following paragraphs (a) through (c):
(a) If the Client fails to pay any money due to the Supplier pursuant to this Contract and not subjected to dispute settlement pursuant to Clause GC 8 hereof within forty-five (45) days after receiving written notice from the Supplier that such payment is overdue.
(b) If, as the result of Force Majeure, the Supplier is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
(c) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.
3. OBLIGATIONS OF THE SUPPLIER
3.1 General 3.1.1 Standard
of Perform-ance
The Supplier shall perform the Contract and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Supplier shall always act, in respect of any matter relating to this Contract as faithful advisers to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with third Parties.
3.2 Conflict of Interests
The Supplier shall hold the Client’s interests paramount, without any
consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.
3.2.1 Supplier Not to Ben-efit from Commis-sions, Dis-counts, etc.
The payment of the Supplier pursuant to Clause GC 6 shall constitute the Supplier only payment in connection with this Contract or the Services, and the Supplier shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or in the discharge of their obligations under the Contract, and the Supplier shall use their best efforts to ensure that the Personnel, any consortium member, and agents of either of them similarly shall not receive any such additional payment.
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33 Client Supplier
3.2.2 Prohibition of Conflicting Activities
The Supplier shall not engage, and shall cause their Personnel as well as their Associates and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.
3.3 Confidentiality Except with the prior written consent of the Client, the Supplier and his Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the implementation of contract.
3.4 Supplier’s
Actions Requiring Client’s
Prior Approval
The Supplier shall obtain the Client’s prior approval in writing before
taking any of the following actions: (a) Entering into a subcontract for the performance of any part of
the Services, (b) Supply of goods of different specifications and any additional
equipment at the Supplier cost for the implementation of contract.
(c) Equipment layout for installation at the Remote station and MCC.
(e) Any other action that may be specified in the SC.
4. Supplier’s Personnel
4.1 Removal and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Supplier, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Key Personnel, the Supplier shall provide as a replacement a person of equivalent or better qualifications.
(b) If the Client finds that any of the Personnel have
(i) committed serious misconduct or have been charged with having committed a criminal action, or
(ii) have reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Supplier shall, at the Client’s written
request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Client.
(c) The Supplier shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.
5. Payments to the Supplier
5.1 Payment The total payment due to the Supplier shall not exceed the Contract Price inclusive of all Taxes & Duties.
5.2 Contract Price (a) The price payable would only be in Indian `.
(b) Contract price shall be based on the bid of the Supplier inclusive of the quoted rate of the duties, taxes, foreign exchange parity rate, packing & forwarding charges etc.
5.3 FE variation Supplier’s bid shall specify the Foreign Exchange (FE) Parity rate taken in the bid for the calculation of Indian ` equivalent for the goods & services intended to be imported for the performance of the contract. Notwithstanding any variation in the FE parity rate at the time of the execution of the contract, the quoted rate shall remain firm and no variation shall be allowed.
5.4 Contract price adjustment
Subject to Sub-clause 4.9, Section 2, para 1.10 and 1.11 of Data sheet and Clause 12, Section-4 the prices charged by the Supplier for goods delivered and services performed under the contract shall not vary from the prices specified in the bid of the Supplier.
5.5 Terms and Conditions of Payment
Payments will be made to the account of the Supplier and according to the payment schedule stated in the SC. Unless otherwise stated in the SC, Supplier shall submit his bill for the due payments along with related documents to the client in duplicate. All the payments made to Supplier for various stages of activities from time to time shall be adjusted in one final adjustment bill of the Supplier indicating the previous payments references after the completion on the contract either complete or partial. Client shall capitalize the equipment supplied under the contract in its account after Taking Over of the network. Any payment made against the contract price of the goods & services not taken over shall be recovered from any due payment to the Supplier without any prejudice and argument on treating the contract foreclosed for such part of the contract without restricting the right of the client to forfeit the proceeds of the performance security, if he decides so.
5.6 Interest on Delayed Payments
Though every effort would be made to ensure payments expressly within a reasonable period of time, but in case of delay no interest shall be paid to the Supplier.
6. Good Faith
6.1 Good Faith The Parties undertake to act in good faith with respect to each other’s
rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
7.1 Supplier shall be sole custodian of all goods & services till Taking over of the RTDAS network by the client. He will ensure the safety and security of the same irrespective of its status till such time. However, the client shall have the right to operate and use the data after the installation and energization of the equipment at Remote station and MCC till such time of Taking over and the Supplier shall be in obligation to keep the equipment/stations in operational state without any liability to the client.
8. Settlement Of Disputes
8.1 Amicable Settlement
3.
The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
8.2 Dispute Resolution
Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party to the other Party’s request for such amicable
settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC by issuing a notice to other party of its intention to commence arbitration. No arbitration can be commenced unless such notice is given. Notwithstanding any reference to arbitration herein,
(a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and
(b) the Client shall pay the Supplier any due payments to them.
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36 Client Supplier
Section 4: SPECIAL CONDITIONS OF CONTRACT STANDARDS 1.1 The Goods and services for the system under this contract shall
conform to the standards mentioned in the Technical Specifications, and when no applicable standard is mentioned, the authoritative standard appropriate to the Goods’ Country of
Origin be adopted. Such standards shall be the latest issued by the concerned internationally recognized institution and acceptable to the Client.
1.2 All equipments to be supplied shall be manufactured and all work done shall be executed in the manner set out in the Contract. Where the manner of manufacture and execution is not set out in the Contract the work shall be executed in a proper and workman like manner in accordance with recognized practices.
1.3 The Supplier shall supply the details of the equipments, materials and supplies conforming to the technical specifi-cations and in accordance with the conditions in the Contract so as to accomplish the main objectives of the project.
1.4 Any license, royalty fees and other charges for the supply of design, drawings, diagrams and details of software etc., paid or payable in India or abroad, shall be borne by the Supplier.
PATENT RIGHTS 2.1 The Supplier shall indemnify the Client against all third party claims of infringement of patent, trade mark or industrial design rights arising from use of the Goods or any part thereof in India.
INSPECTION AND TESTS
3.1 The Client or his representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract. A functional and load test shall be carried out at the manufacturers works. Reliability of the equipment shall be demonstrated to the satisfaction of the Inspector or Inspecting Agency appointed by the Client. The Client shall notify the Supplier in writing of the identification of any representatives retained for these purposes.
3.2 The inspection and tests may be conducted on the premises of the Supplier or its associates, at point of delivery and/or at final destination of the Goods. Where conducted on the premises of the Supplier or its associates, all reasonable facilities and assistance including access to drawings and production data shall be furnished to the Inspectors at no charge to the Client. The Supplier shall clearly confirm that all inspection facilities for carrying out various performance tests on the equipments exist at its works and shall be made available to the Inspector or Inspecting agency to check the specifications and reliability of equipments. The test procedures for each type of equipment shall be submitted to the Client in advance. However, the test procedure adopted by the Inspector and results thereof shall be binding.
3.3 Should any inspected or tested Goods fail to conform to the specifications, the Client may reject them and the Supplier shall either replace the rejected Goods or make all alterations necessary to meet specification requirements free of cost to the Client and without affecting the project completion schedule.
3.4 The Client’s right to inspect, test and where necessary, reject
the Goods, after the Goods’ arrival at the sites or installation shall in no way be limited or waived by reason of the Goods having previously been inspected, tested and passed by the Client or its representative prior to the Goods shipment. At the site prior to installation of equipment only the physical verification of the correctness of goods on visual inspection and quantity shall be exercised. The site test of goods shall be exercised after the installation of equipment & data communication to MCC on its energization.
3.5 Network Tests upon completion. : The Supplier shall intimate the Client about the completion of project within a week of its readiness. The Supplier shall give to the Client 21 days notice of the date after which it will be ready to make the tests of completion of the whole network. The test shall be carried out in respect of the capacities, operational and quality requirements of the individual component of the RTDAS network and the network in whole continuously during 30 days.
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3.6 Supplier shall not insist the Client to permit conducting the testing of the network in part for taking over unless client decides so.
3.7 The test results of the individual components of the project and the daily operational performance of the project indicating the success and failure shall be recorded and kept in a manner as deemed fit to the Client. The project shall be tested during its continuous operation for 30 days for Assured Performance in pursuant para 6.19 to Section 6.
3.8 If any part of the Goods/network fails to pass the tests, the Supplier may request such tests to be repeated on the same terms and conditions, subject to acceptance by the Client.
3.9 If the Client and the Supplier disagree on the interpretation of the test results, each shall give a statement of its views to the other within fourteen (14) days after such disagreement arises. The Statement shall be accompanied by all relevant evidence. The Client will review both statements and render a final decision within a further period of fourteen (14) days which shall be binding on the Supplier subject to Clause 22.2.
3.10
If the network or any part of the Goods/Project fail to pass the test on the repetition thereof under Clause 3.8 the Client after due consultation with the Supplier shall be entitled to :
a) Order one further repetition of the tests under the conditions of Clause 3.8; or
b) Reject the Goods or part of the Goods thereof in which event the Client shall have the same remedies against the Supplier as are provided under Clause 3.3; and
c) Issue a taking over certificate, if the Client so wishes, notwithstanding that the network/Goods is not completed. The Contract Price shall then be reduced by such amount as may be determined by the Client.
3.11 The Client shall issue a certificate of successful testing to the Supplier immediately after the test period, provided it passes the test in accordance to Clause 3.7.
3.12 The Project/Goods shall be accepted by the Client when they have been completed in accordance with the Contract, except in minor respects that do not affect the use of the Network/ Goods for their intended purpose, and have successfully passed the tests on completion and a taking over certificate has been issued or deemed to have been issued in accordance with Clause 3.13.
3.13 The Supplier may apply to the Client for a taking over certificate not earlier than 14 days before the Project will, in the Supplier’s opinion, be successfully tested and ready for
commissioning and taking over under 3.12.
The Client shall within a reasonable time after the receipt of the Supplier’s application either :
a) Issue the Taking over certificate to the Supplier stating the date on which the works were complete and ready for taking over, or b) Reject the application giving his reasons and specifying the work required to be done by the Supplier to enable the taking over certificate to be issued.
3.14 It the Supplier fails to remedy a defect or damage pointed out by the Client within a reasonable time, the Client may fix a final time for remedying the defect or damage. If the Supplier fails to do so, the Purchaser may : a) Carry out the work himself, or by others at the Supplier’
risk and cost. The costs incurred by the Client in remedying the defect or damage shall be deducted from the Contract Price, but the Supplier shall have no responsibility for such works; or
b) If the defect or damage is such that the Client has been deprived of substantially the whole of the benefit of the equipment or a part thereof, he may terminate the Contract, in respect of such parts of the equipment as cannot be put to the intended use. The Client shall, to the exclusion of any remedy under Clause 17.1 be entitled to recover all sums paid in respect of such parts of the equipment together with the cost of dismantling the same, clearing the site and returning equipment to the Supplier or otherwise disposing of it in accordance with the Supplier’s instructions.
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40 Client Supplier
3.15 If the defect or damage is such that repairs cannot be expeditiously carried out on the site, the Supplier may with the consent of the client remove from the site for the purposes of repairs any part of the Goods which is defective or damaged, after furnishing suitable guarantee as may be prescribed by the Client. The Supplier shall carry out all such repairs, replacements, reinstatements and other incidental thereon free of cost to the Client.
3.16 If the replacement or renewal is such that they may affect the performance or the works, the Client may request that tests on completion be repeated to the extent necessary. The request shall be made by notices within 28 days after the replacement or renewal. The tests shall be carried out in accordance with Clause 3.5 to 3.7.
3.17 Until the final certificate of commissioning has been issued, the Supplier shall have the right of access to all parts of the equipment and to records of the working and performance of the equipment. Such right of access shall be during the Client’s normal working hours at the Supplier’s risk and cost.
Access shall also be granted to any duly authorized representative of the Supplier whose name has been communicated in writing to the Client. Subject to the Clients’
approval, the Supplier may also at its risk and cost make any tests which he considers desirable.
3.18 The Supplier shall not be liable for any defect resulting from designs furnished or specified by the Client provided the defects in the design and specifications have been pointed out along with the suggestions for modifications in writing in advance and the same has not been accepted by the Client for the issue of amendments.
3.19 Nothing in the Clause 3.1 to 3.18 shall in any way relieve the Supplier from any other obligations under this Contract.
PACKING 4.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination and storage there as indicated in the Contract. The packing shall be sufficient to withstand without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods’ final destination and the absence of heavy handling facilities at all points in transit.
4.2 The packing, marking and documentation within and outside the package shall comply strictly with such special requirements as shall be expressly provided for in the Contract and, subject to para 12.1, in any subsequent instructions ordered by the Client.
DELIVERY AND DOCUMENTS
5.1 Delivery and completion of commissioning of the system shall be made by the Supplier in accordance with the terms specified by the Client in the relevant clauses of Contract.
5.2 Supplier shall receive the duly insured Goods either dispatched from within India or abroad, at the destination/site for storage and utilization in the performance of Contract. However, Supplier shall furnish the following documents (2 copies of each) to Client.
a) Copies of Supplier’s Invoice, delivery challan showing Goods description, quantity, unit price, total amount etc. b) Warranty Certificate c) Insurance Certificate d) Inspection Certificate and Report e) Certificate of origin issued by original manufacturer f) Supplier’s Certificate certifying that the defects pointed out during inspection have been rectified
INSURANCE 6.1 The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage at site, delivery, erection and commissioning, and post commissioning its normal working & maintenance in the manner specified in Clause 6.2 till the project is taken over by the Client. All the cost for obtaining the insurance shall be borne by the Supplier. The insurance shall be taken for and on behalf of the Client as the beneficiary. However, Supplier shall bear all the responsibility and liability for obtaining the claims from the Insurance Company and passing the same to the Client in a manner to be mutually decided by the Client and the Supplier.
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42 Client Supplier
6.2 The insurance shall be in an amount equal to 110% of the FOR site of installation price and shall be insured with a bonafied Indian Insurance Company organization located in India and hypothecated in favour of Client, covering goods from “Ware
house to Ware house at final destination” for all supplies
including the supplies to be made from abroad on “All risks”
basis including war risks and strike clauses. For the goods to be supplied from abroad, the insurance at an amount equal to 110% of C.I.F. value shall be done with a reputed insurance company located in eligible countries and acceptable to the Client, up to the port of entry i.e. Mumbai and dock handling there, the further insurance shall be done for the amount in a manner specified above for domestic goods.
6.3 The Supplier shall, take out an accidental insurance policy under the provisions of the Workmen’s Compensation act or
any other law or statutes in force for its workers/staff perfor-ming the services at site including any third party damages.
6.4 Supplier shall provide the certified copies of the insurance cover policies to the Client in all above cases. Client shall not accept such goods which are not under the valid insurance cover on the date of Taking over.
TRANSPORTATION 7.1 Supplier shall be required under Contract to deliver the Goods at SITES of their installation for which transportation shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price.
7.2 For the Goods to be supplied form the abroad, the Supplier shall be responsible for Dock handling and clearing at the Port of unloading as well as inland transportation to final destina-tion, unloading at site, shifting of material to stores/ place of installation. All these shall be arranged and paid for by the Supplier, and cost thereof shall be included in the Contract price.
STORAGE 8.1 The Supplier shall make his own arrangement for the safe and secured storage of goods at the SITES for their installations, commissioning, etc. till its taking over. On the request of Supplier, the Client may consider providing space available with him for storage of Goods in the premises in his possession without any responsibility and liability for the safety and security of Goods.
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43 Client Supplier
8.2 The Supplier shall have the total responsibility and liability for all equipments and materials in his custody stored loose, semi-assembled and/or erected by him at ‘Site’. The Supplier shall
make suitable security arrangements including “employment of security personnel to ensure the protection of all material, equipment and works” at their cost from theft, fire, pilferage
and any other damages and loss, till the ‘Taking over’ by the
client. 8.3 The Supplier shall be responsible for any damage resulting
from his operation. He shall also be responsible for protection of all persons including members of public and employees of the Client and the employees of other Contractors and sub-contractors and all public and private property including structures, buildings, other plants and equipment and utilities either above or below the ground.
INCIDENTAL SERVICES
9.1 The Supplier may be required to provide any or all of the following services : a) Design, Planning and Management for the successful
implementation of the contract. Deployment of a Project Manager at MCC, Indore for the coordination of all activities of the implementation of the contract with the field teams of the Supplier and the client, shall be necessary from the commencement of the execution of contract.
b) Supply of tools required for assembly and/or maintenance of the supplied system; c) Supply of testing and measuring equipments and spare parts
for preventive and breakdown maintenance of the complete system during the operational and maintenance period of 8 years. List of such equipments and spare parts is to be proposed in the bid with unit price of each equipment as optional item. Client reserves the right to purchase only such items as required by him. However, the Supplier shall have to keep the requisite equipment and adequate stock of spare parts and consumable spare parts in quantity with him for the renderence of Contract even if Client does not purchase the same.
d) Conduct of training of the Client’s personnel, on-site, in assembly, installation, commissioning & operation, of supplied goods. This will be done simultaneously during the performance of the Contract. This will not be reckoned as a component of training specified in the schedule of requirements unless theoretical training is imparted to the nominated officials of the Client at Indore ahead of such field training. e) Communication survey at the sites, identification of viable service Provider; f) SIM charges and monthly GSM/GPRS
communication charges to be paid by the Supplier to Service Provider till the ‘Taking over’ of the network by the Client;
g) Insurance and security charges to be paid by Supplier till the Taking over of the network by the Client; h) Documentation charges; i) Any other services required for satisfactory performance of the Contract; j) Any shifting of the location of station subsequent to installation and commissioning of the Project (optional item)
WARRANTY 10.1 The Supplier shall warrant that the Goods supplied under the Contract are new, unused, of the most recent or current models and incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier shall further warrant that all Goods supplied under this contract shall have no defect arising from design, materials or workmanship or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the condition prevalent at SITES in Narmada basin.
PAYMENTS 11.1 In order to facilitate the Client to verify and settle various claims smoothly, Supplier may furnish the detailed cost break-up in advance to client for approval in respect of each equipment and component of the network for which any amalgamated Contract-Price has been quoted in the Supplier’s
Bid. The segregation of the operational and maintenance prices shall be in increasing steps with passing year viz. the maximum price for the ending year of operation & maintenance. The method and conditions of payment to be made to the Supplier, under this Contract, shall be in the following manner:
11.2 i) 20% (twenty percent) of the Contract Price shall be paid within thirty days of signing of Contract, on submission of claim and a bank guarantee from a nationalized bank located in India in the format given in the Bidding document, for equivalent amount by the Supplier, valid until the Taking Over of the network by the Client.
ii) 20% (Twenty per cent) of the Contract price on receipt of the notice for the readiness of the network for its testing subject to the satisfaction of the Client, within 30 days of the commencement of testing of network
iii) 20% (twenty per cent) of the Contract Price after successful
testing and Taking over of the network duly certified by the Client.
iv) 3% (Three percent) of the contract price on the successful
completion at the end of the First year and Second year each of operation & maintenance to the satisfaction of client.
v) 4% (Four percent) of the contract price on successful completion of the Third and Fourth year each of the operation & maintenance to the satisfaction of client.
vi) 5% (Five percent) of the contract price on the successful completion of the Fifth year of operation & maintenance to the satisfaction of client.
vii) 6% (Six percent) of the contract price on the successful completion of the Sixth year of operation & maintenance to the satisfaction of client.
viii) 7% (Seven percent) of the contract price on the successful completion of the Seventh year of operation & maintenance to the satisfaction of client.
ix) 8% (Eight percent) of the contract price on the successful completion of the Eighth year of operation & maintenance to the satisfaction of client.
11.3 The Supplier’s request(s) for payment shall be made to the
Client in writing, accompanied by an Invoice describing, as appropriate, the Goods delivered and Services performed, and by Shipping Documents, and upon fulfillment of other obligations stipulated in the Contract. Supplier shall submit an adjustment bill for all the intermediate payments received by him and any due payment after the ‘Taking over’ of the
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46 Client Supplier
11.4 Payments shall be made promptly by the Client normally within forty five days of submission of an Invoice/Claim by the Supplier. However, any delay in the release of payment beyond the stipulated period, due to any unavoidable unforeseen reasons, shall neither make the Client liable to pay any interest on the Claims nor relieve the Supplier of his obligations in performing the contract.
11.5 Payment denominated in Indian ` shall only be released by account payee cheque or demand draft drawn in favour of the Supplier drawn at Indore or registered office in India..
11.6 No payment shall be made directly to any of the Sub-contractors and Consortium members of the Supplier.
ANY ADDITIONAL ITEM OF GOODS & SERVICES.
11.7 100% (hundred per cent) after the supply of goods or completion of services the inspection and approval from the Client, within 30 days of due inspection on receipt of additional Goods/completion of services.
FINAL ACCOUNT FOR CONTRACT CLOSURE
11.8 Supplier shall submit the final account along with a comprehensive Project completion report indicating the work completed and to be completed for any rectification within 30 days (Defect Liability Period) by him and his due claim within 30 days of the completion of the 8th year period of the operation and maintenance of the network. Client shall examine the same for the settlement of the final account and closing the contract.
CHANGE ORDERS 12.1 The Client may at any time, by a written order given to the Supplier, make change within the General Scope of the Contract in any one or more of the following :
a) drawings, design or specifications, where goods to be furnished under the Contract are to be specifically manufactured for the Client; b) the method of shipment or packing; c) the place of delivery or installation; d) the nature or quantity of Goods or Services to be provided by the Supplier.
12.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier’s Performance of any
part of the work under the Contract whether changed or not changed by the order, an equitable adjustment shall be made in the Contract Price or Delivery Schedule or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within 30 (thirty) days from the date of the Supplier’s receipt
13.1 Subject to Clause 12, no variation in or modification of the terms of the Contract shall be made except by mutual concurrence of parties and in writing.
ASSIGNMENT 14.1 The Supplier shall not assign, in whole or in part his obligation to perform under the Contract, except with the Client’s prior
written consent.
SUB CONTRACTS 15.1 Supplier shall not Sub-contract the whole of the work as envisaged in the Contract to any other sub-contractor. The Supplier shall notify the Client in writing of all Sub-contracts awarded under the Contract, if not already specified in its Bid. A complete background of the past experiences and capabilities or the selected Sub-contracts in respect of each Sub-contract including that of software experts shall be furnished by the Supplier to Client in advance, for his concurrence, before the issue of the firm orders by the Supplier. Such notification, in his original Bid or later, shall not relieve the Supplier from any liability or obligation under the Contract.
15.2 Associates or Consortium Members or Sub-Contractors must belong to acceptable country of origin. In case, during the performance of Contact, country of origin of any Goods and services are disqualified by the Govt. of India for trade and commerce relations before their actual supply, the Supplier shall make viable alternative arrangements for the performance of such parts of the Contract with the concurrence of Client and without any material deviations in the provisions of Contract.
DELAYS IN THE SUPPLIER’S
PERFORMANCE
16.1 Time is the essence of the Contract. Completion of the System and performance of Services shall be made by the Supplier in accordance with the time schedule specified by the Client in his Schedule of Requirement.
16.2 An unexcused delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to any or all of the following sanctions: forfeiture of its performance security, invokement of Compensation for Supplier’s delay in
performance, and/or termination of the Contract for default.
16.3 If at any time during performance of the Contract the Supplier or Associates or Sub-contractors should encounter conditions impeding timely completion of the System and performance of Services beyond their control and without any of their fault, the Supplier shall promptly notify the Client in writing of the fact of the delay with evidences with respect to work plan, its likely duration and its cause(s). As far as practicable, after receipt of the Supplier’s notice, the Client shall evaluate the
situation and may at his discretion extend the Supplier’s time
for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.
COMPENSATION FOR SUPPLIER’S DELAY
IN PERFORMANCE
17.1 Subject to Clause 18, if the Supplier fails to successfully complete each portion of the schedule as specified in Section 5 “Schedule of Requirements” of the tender document, the
Client shall, without prejudice to its other remedies under the Contract, deduct from the relevant portion of the Contract price, as Compensation for Supplier’s delay in performance, a sum equivalent to 0.5% of the Contract price for each week or a part thereof of delay until actual completion of satisfactory commissioning of the system, up to a maximum deduction of 10% of the Contract price. Once the maximum is reached, the Client, may consider termination of the Contract.
17.2 Penalty, on 24 hours (or part thereof) basis in the weightage scale, shall be charged to the Supplier in case the system performance is not met in respect of following during the operation and maintenance period of 8 years effective from the next date of the Taking Over.
1) A station, other than Master Control Centre continues to remain ‘fail’ for more than 6 hours in excess of the maintenance time schedule of 48 hours reckoned from the time of the fault communication. A station shall be treated as ‘failed’ if it fails to respond during three consecutive Pseudo
transmission cycle and/or communicates erroneous data (beyond the permissible errors) of either water level or rainfall events or both. The penalty shall be as follows:
Penalty per station for;
P = 0.0002 x N x C
Where :
N = Total number of failure periods of 24 hours or a part thereof for a particular station C = Total Contract value The above penalty shall be applicable in the monsoon period (15th June to 31st October) and beyond the monsoon period, the compensation shall be 50% of the above rates
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49 Client Supplier
2) If the Central Communication System and or the Computer System at Master Control Centre at Indore, continuously remain fail for more than 2 hours in excess of the maintenance time of 2 hours the penalty shall be imposed at the rate of 0.00015 x Contract value of whole project per day or part thereof. Master Control Center shall be considered to have failed when either of the integrated data communication system or server fails.
For failure of other peripherals of the Computer System for more than 48 hours, the penalty, P shall be as under;
P = 0.00005 x N x C Where, N = Total number of failure periods of 24 hours or a part thereof C= Total Contract value of the whole Project
The above Penalty is also subject to satisfying the following conditions that :
If both operational and Hot stand-by units of either Communication System or Server fail, simultaneously, it should be made operational within 2 hours. If one of the units fail, it should be made operational within 24 hours failing whichpenalty will be imposed in a manner stipulated above.
17.3 The total Contract value of whole project as referred in the Clause 17.1 and 17.2 above implies the total Contract price for the whole project for which agreement shall be made. The total amount of penalty shall be calculated on the basis of calculated number of failure days without any upper limit. This amount, due to account of penalty, shall be recovered from the payment due to the supplier on a quarterly basis. Excess amount, if any, shall be paid by the Supplier within 30 days on receipt of the claim from the Client.
TERMINATION FOR DEFAULT
18.1 The Client may, without prejudice to any other remedy for breach of Contract by written notice sent to the Supplier or default, terminate the Contract in whole or in part :
a) if the Supplier fails to successfully commission the system within the time period(s) specified in the Contract, or any extension thereof granted by the Client pursuant to Clause 16; or
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50 Client Supplier
b) if the Supplier fails to perform any other obligation(s) under the Contract.
18.2 In the event, the Client terminates the Contract in whole or in part, pursuant to Clause 18.1, the Client may procure, upon such terms and in such manner as it deems appropriate, Goods similar to those undelivered, and the Supplier shall be liable to the Client for any excess costs for such similar Goods. However, the Supplier shall continue performance of the Contract to the extent not terminated.
FORCE MAJEURE 19.1 Notwithstanding the provisions of Clauses 15, 16 and 17, the Supplier shall not be liable for forfeiture of its performance security, Compensation for Supplier’s delay in performanceor termination for default, if & to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
19.2 For purposes of this Clause, “Force Majeure” means an event
beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable. Such
events may include, but are not restricted to, acts of the Client either in its sovereign or contractual capacity, collapsing of GSM/GPRS network, warsor revolutions, fires, earth quakes, landslides, epidemics, quarantine restrictions and freight embargoes.
19.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Client in writing of such condition and the cause thereof. Unless otherwise directed by the Client in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
TERMINATION FOR INSOLVENCY
20.1 The Client may at any time terminate the Contract by giving written notice to the Supplier, without compensation to the Supplier, if the Supplier, becomes bankrupt or otherwise insolvent, provided that such termination shall not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Client.
21.1 The Client, may, by a written notice sent to the Supplier, terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Client’s convenience, the extent to which
performance of work under the Contract is terminated, and the date upon which such termination becomes effective.
21.2 The Goods that are complete and ready for shipment within thirty (30) days after the Suppliers’ receipt of notice of
termination shall be purchased by the Client at the Contract terms and prices. For the remaining Goods, the Client may elect :
a) to have any portion completed and delivered at the Contract terms and prices; and/or b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and for materials and parts previously procured by the Supplier.
RESOLUTION OF DISPUTES
22.1 The Client and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract. If a dispute arises out of or in connection with the contract or in respect of any defined legal relationship associated therewith or derived there from, the parties agree to submit that dispute to arbitration under the ICADR Arbitration Rules 1996. The Authority to appoint the arbitrator(s) shall be the International Center for Alternative Dispute Resolution (ICADR). ICADR will provide administrative services in accordance with ICADR Arbitration Rules, 1996.
22.2 If, after thirty days from the commencement of such informal negotiations, the Client and the Supplier have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to adjudication/arbitration in accordance with the merit of Contract terms and relevant rules. The Arbitrator shall be an Engineer of repute, retired or in-service, belonging to Central Water Commission/Ministry of Water Resources, Govt. of India or appointed by the ICADR for the purpose, which shall be binding upon the Supplier.
22.3 The language of the Arbitration shall be English and would be convened at the place decided by the Arbitrator. The cost of arbitration, including ICADR charges, if any, shall be borne by the party who choose to refer the matter for arbitration.
RIGHT TO OPERATE AND USE UNSATISFACTORY MATERIALS OR EQUIPMENT
23.1 If after delivery, acceptance and installation and within warranty period, the operation or use of the Goods proves to be unsatisfactory, the Client shall have the right to continue to operate or use such materials or equipment until rectification of defects, errors or commissioning by repair or replacement are carried out by the Supplier.
TOOLS 24.1 As specified in this Document, Supplier shall provide the set of tools and special wrenches required for the assembly, where the equipment is delivered unassembled and such tools as may be necessary and convenient for day to day adjustment or maintenance required in the field. He shall also provide a durable storage box with lock for such tools.
RECOVERIES 25.1 Any sum of money or dues payable to the Supplier including the Performance Security returnable to the Supplier under this Contract shall be appropriated by the Client and shall be set off against any claims of the Client for the payment of the sums of money arising out of or under any other Contract made by the Supplier with the Client. If no such amount, for the purpose of recovery from the Supplier against any claim of the Purchaser is available, such recovery shall be made from the Supplier in a way the Client may deem fit.
GOVERNING LANGUAGE
26.1 The Contract shall be written in the language of the Bid i.e. English. English language version of the Contract shall govern for its interpretation in case of bilingual Contract.
All literature, correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in the same language.
APPLICABLE LAW 27.1 The Contract shall be interpreted in accordance with the laws of India and the courts at Indore, Madhya Pradesh shall have exclusive jurisdiction in all the matters arising under the Contract.
NOTICES 28.1 Any notice given by one party to the other pursuant to the Contract shall be sent in writing or by Fax and confirmed in writing to the Client or the Supplier, as the case may be, at the address specified below :
Fax : (0731) 2553469 Telephone : (0731)2554477, 2575751 Email: [email protected] Supplier : ( To be filled in at the time of signing Contract)
28.2 A notice shall be effective when delivered or on the notice’s
effective date, whichever is later TAXES AND DUTIES 29.1 The Supplier shall be entirely responsible for all taxes, duties
including Customs tariff, stamp duties, license fees and other such levies imposed in India or abroad for the supply of imported Goods.
29.2 For the goods and services, the Supplier shall be entirely responsible for all taxes, duties, license fee, local taxes etc. All custom duties and levies, duties, sales tax payable on components raw materials and any other items used for their consumption in the manufacturing or modules/equipments etc. shall be deemed to be included in the ex works/CIF price in the Contract Price. Any such taxes, duties and levies additionally paid by the Supplier above the rates included in the contract price shall not be reimbursed irrespective of the production of evidence.
29.3 As regards the Indian Income Tax, Surcharge on Income Tax and any other Corporate Tax, the Client shall not bear any tax liability in respect of the Contracts irrespective of the mode of contracting. The Supplier shall be liable and responsible for payment of such tax, if attracted under the provision of the law. Deduction will be made towards Income Tax at Source by the Client at the prevalent rates. Client shall issue a certificate of such deduction at the end of the financial year.
LOCAL CONDITIONS 30.1 It will be imperative on each Supplier to fully inform him-self of all local conditions and factors, conditions of the sites of installations, terrain, climate conditions, distance of river bed from the location of equipment installation, power line, roads, approach, automobile and static noise, high rise structures, cellular signal etc., which may have any effect on the equipment/materials/ the execution of the ‘Works’ covered under
these specifications and documents. In their own interest, the Suppliers are requested to familiarizes themselves with the Income-Tax Act, 1961; the Companies Act, 1956; Custom Act, 1962; Minimum Wages Act, Child Labour Act, Workmen Compensation Act, Electricity Act, etc., and other related Acts as revised from time to time and laws prevalent in India for adherence during the performance of Contract.
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54 Client Supplier
30.2 It must be understood and agreed that such factors have properly been investigated and considered while submitting the proposals. No claim for financial adjustment to any Contract awarded under these specifications and documents will be permitted by the Client; neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by the Client, which are based on the lack of such clear information or its effect on the cost of the supply to the Supplier.
LIABILITY FOR ACCIDENTS AND DAMAGES
31.1 Under the Contract the Supplier shall be responsible for loss or damage to the equipment/ installed system until the same is taken over in accordance with Clause 3.
SUSPENSION OF WORK
32.1 The Client reserves the right to suspend and re-instate execution of the whole or any part of the work without invalidating the provisions of the Contract. Orders for suspension or reinstatement of the work will be issued by the Client to the Supplier in writing. The time for completion of the supplies will be extended for a period equal to the duration of the suspension.
32.2 Any necessary and demonstrable cost incurred by the Supplier as a result of the suspension of the work, will be paid as extra item by the Client provided such costs are substantiated to the satisfaction of the Client. The Client shall not be responsible for any liabilities if suspension or delay is due to some default on the part of the Supplier or his associates or his sub-Contractor.
CERTIFICATE NOT TO AFFECT RIGHT OF CLIENT AND LIABILITY OF SUPPLIER
33.1 No interim payment certificate of the Client nor any sum paid on account by the Client, nor the extension of time for execution of the Supplies granted by the Client shall affect or prejudice the rights of the Client against the Supplier or relieve the Supplier of his obligations for the due performance of the Contract or be interpreted as approval of the works done or of the equipment supplied; and no certificate shall create liability to the Client to pay for alteration, amendments, variations or additional works not ordered in writing by the Client or discharge the liability of the Supplier for the payment of damages whether due, ascertained, or certified or not or any sum against the payment of which he is bound to indemnify the Client nor shall any such certificate nor the acceptance by him of any such paid on account or otherwise affect or prejudice the rights of the Client against the Supplier.
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55 Client Supplier
SUPPLIER’S CO-OPERATION WITH THE CLIENT
34.1 In case where the performance of the installation work by the Supplier affects the operation of the system facilities of the Client, such installation work of the Supplier shall be scheduled to be performed only in the manner stipulated by the Client and the same shall be acceptable at all times to the Supplier.
The Client may impose such restrictions of the facilities provisions to the Supplier such as electricity, water storage space, office accommodations, etc., as he may think fit in the interest of the Client and the Supplier shall strictly adhere to such restrictions and co-operate with the Client. It will be the responsibility of the Supplier to provide all necessary temporary instrumentation and other measuring devices required during start-up and operation of the equipment systems which are installed by him. Supplier shall submit the progress report every month in the manner prescribed by the Client. Supplier shall keep liaison with the Client and attend meetings as prescribed by the Client from time to time.
34.2 The Supplier at all times, shall work in co-ordination with the Client and its staff and offer them all reasonable facilities to become familiar with the installation, operation and maintenance of the equipment.
34.3 In respect of observations of local rules, administrative orders, working hours and the like, the Supplier and his personnel shall co-operate with the Client.
34.4 The Supplier shall adhere to the disciplinary procedure set by the Client in respect of his employees and the workman at site. Supplier shall be in obligation to remove such persons from the sites who, in the opinion of Client, have mis-conducted and provide competent replacement.
FOREIGN FIELD PERSONNEL
35.1 The Supplier shall submit to the Client a complete list of foreign personnel (including necessary data as may be required by the Client) required for the performance of the works in India. Supplier shall also intimate the programme of their visit to India and departure from India during the pendency of the Contract. The Client will have the right to review the list of such personnel and their programme in India. All necessary clearance and completion of formalities which may be required under the prevalent rules and regulations in India or abroad in respect of the visit of foreign personnel to India and their movement within India for the performance of the Contract or otherwise, shall be arranged and borne by the Supplier without any liability to the Client.
36.1 Suitable guards shall be provided by the Supplier for protection of personnel on the job of the installation, maintenance of water level sensor, high rise mast/tower and any other equipments of risks/hazards including electrical fixtures and fittings.
INSTALLATION, TESTING AND COMMISSIONING
37.1 Supplier shall install all equipment with necessary fixtures and fitting as per the latest standards, norms, practice and guidelines given by the Client.
37.2 The installation, testing and commissioning charges quoted in the bid of the Supplier shall include total cost of all construction plants, installation material, fixtures and fitting; all supervisory, skilled and unskilled labour charges including logistic charges for their accommodations, travels etc; charges of all foreign personnel including their travel charges and other logistics charges, etc; transportation charges of men and material to and from the sites of works; camp office charges, etc. Supplier shall manage and arrange all manpower requirements, transportation, etc., for the performance of the Contract without any liability to the Client. Supplier shall ensure the wages payment not less than the prevalent minimum wages at the site of their deployment to the labour of different categories deployed by him. The equipment mast shall be required to be installed at each of G&D & PS category of stations, at least one metre above the observed maximum flood level.
37.3 Supplier shall adhere to the prevalent rules and the orders of Government of India and the concerned State Government issued from time to time in respect of the deployment of labour and supervisory staff from India and abroad.
operation and maintenance including related incidental services & training of Real Time Data Acquisition System (RTDAS) comprising of
10 months
(a) Hydromet & Hydrometeorological equipment with sensors for telemetry measurement of
(i) Rainfall (ii) Water Level (iii) Temperature & Relative humidity
39 26 40
(b) Real Time Data logger/Data control and GSM/GPRS based communication unit equipments with appropriate cables & interface equipment at Remote station
42
(c) GSM/GPRS based Data Communication System capable of receiving data from 42 Remote station with provision of future expansion to a maximum of 80 Remote stations along with operator control terminal with 100% redundancy at Master Control Centre (MCC)
1 lot
(d) Computer equipment for server, work station etc. along with Printers, DVD writer & Player, UPS, Voltage stabilizer, LAN etc. with fixtures & fittings at MCC
1 lot
(e) Software supports for Data communication and the Data Base Management System at MCC
1 lot
(f) Training of the Engineer/Technicians of clients on the job.
LS
(g) Operation & Maintenance of the complete system covered under serial no.1(a) to (e) for a period of 8 years
LS Eight years from the next date of the date of ‘Taking Over’ of
the network by the client.
Note : 1. Technical specification of the goods & services are indicated in section 6. 2. Completion schedule shall be reckoned from the date of the signing of agreement or the order for the commencement of the performance of contract whichever is later to the date of the commissioning for handing over to the client.
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58 Client Supplier
Section - 6 SPECIFICATIONS Objective 1.1 The proposed Real Time Data Acquisition System (RTDAS)
network shall be required to provide the hydrological and hydrometeorological data from the specified Remote Stations (RS) in Narmada basin in automated mode in real time environment to meet the following objectives at the Master Control Centre (MCC) at Indore (M.P). (a) Formulation of volumetric inflow forecast for Indira
Sagar Project(ISP) at Punasa(MP) and Sardar Sarovar Project(SSP) at Kevadia (Gujarat) with lead time of 6 Hours and accuracy of (+)or (-) 20%;
In addition to above, rising trend in volumetric inflow
forecast for Indira Sagar Project and Sardar Sarovar Project shall have to be available with lead time of 24 hours. However, the objective mentioned above shall not be within the scope of work to be executed hereunder.
(b) Data/Information on the precipitation, water level, estimated discharge/release from the stations to be made available to all party states viz. Gujarat, Madhya Pradesh, Maharashtra & Rajasthan through restricted web viewing facility.
1.2 The RTDAS system therefore shall have the utmost reliability of its availability for round the clock round the year operation in automated mode with quality accuracy of data in the Data base server housed in MCC for further processing & analysis for various tasks to be performed. The web view facility for the availability of the summarized hourly data (IST hours) on the assigned website of the client is to be provided with secured limited access by the concerned permitted authority/agency.
Scope of work 2.1 The work envisages the design, supply, installation, testing, commissioning and eight years operation and maintenance of a Real Time Data Acquisition System (RTDAS) network in Narmada basin for the automated communication of data from Remote stations (42 nos.) at the interval of 60 minutes (programmable) in a Pseudo mode to Master Control Centre at Indore with specified reliability and accuracy in performance and its ONLINE storage in server Data Base. Data base shall also have the facility of OFFLINE data storage to perform various tasks. To facilitate secured web viewing a dedicated user friendly web site shall be designed as per the directions of the Client for hosting of data/ graphics etc., data posting & its maintenance by the Supplier. The RTDAS network shall also cater to other tasks both in automated/manual operation mode as assigned hereunder in concerned Sub-clause.
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3.2 The list of the Remote stations indicating their geo-coordinate, river/tributaries, type of requisite data is at Appendix 2.
Climate 4.1 The climate of Narmada basin is tropical and humid with very wide range of temperature variation from season to season. Maximum temperature may go up to 50 degree Celsius.
Logistics 5.0
Airport 5.1 Domestic Airports are at Indore, Bhopal, Jabalpur and Vadodara.
Railways 5.2 Rail heads from the above mentioned places to a few Remote stations are available.
Roads 5.3 Fairly good network of Roads is available in the basin and all the Remote stations are approachable by road.
Hotel & Guest House
5.4 Different categories of Hotels as well as Govt. Guest Houses are available at Indore, Bhopal, Jabalpur& Vadodara. Non-categorized Hotels and the Govt. Guest Houses are available at Remote stations or at nearby locations.
General specifications
6.1 RTDAS network for the transmission of data from Remote stations (RS) to Master Control Centre (MCC) at Indore on GSM/GPRS technology based shall be devised for automated operation at the interval of sixty minutes in Pseudo mode in real time environment with provision of manual operation also to perform various specified tasks as and when required. Therefore, the specifications indicate only the general purpose of the equipment and the minimum operational & quality requirements.
6.2 The Supplier shall prepare his own detailed designs & working drawings for any shop assembly and site installation of equipment. He shall be fully responsible for the correctness and sufficiency of design and ruggedness/ field proven ness of the equipment/system for the faithful implementation of the contract and its outcome acceptable to the client. The bid of the Supplier must specify the useful lifetime of all the equipment to be deployed for the successful performance of the contract under the specified environmental condition and exposures of their installation & working in the network as well as MTBF (expected).
Latest technology 6.3 Supplier shall supply the equipment like sensors, Data logger/Data collection unit (DCU), cellular modems, computers etc. of the latest technology and configuration. If the equipment offered in the bid of the Supplier has become obsolete or out of manufacturing, it would be imperative on the part of the Supplier to propose latest technology/configuration based equipment which must meet the important attributes and specifications of the quoted equipment with some better attributes/configuration at least six days (60 days) ahead of the schedule of its supply for obtaining the concurrence of the client without any variation of its contract price. In case client does not agree to such proposal of modification/amendment, Supplier shall supply the equipment offered in the bid without any prejudice to his liability and responsibility for the successful implementation of the contract.
Contract price adequacy
6.4 Supplier shall be in obligation to supply all such goods and services which will be necessary for the successful implementation of the contract in delivering the assured performance in pursuant to para 6.19. Price of such goods and services for which price was not quoted in the bid of supplier but the same is necessary for the installation and integration of equipment, testing, commissioning and maintenance of network to the satisfaction of the client, shall be treated as included in the bid prices and no extra charges shall be paid on such account. Contract price shall be deemed to be adequate for the fulfillment of the all obligations and responsibilities of the Supplier in the contract.
Use of existing equipment
6.5 Client had installed & operated a satellite telemetry based RTDAS network which is planned to be replaced by the proposed network under this contract. Some of the equipment like solar panels, Evaporimeter etc. are well in working condition which could be used by the supplier under this contract. However, the Supplier shall satisfy himself about the equipments conforming to the specifications and performance criteria as ultimate responsibility for contract performance vests with the Supplier.
6.6 Supplier shall be required to identify the GSM service provider or group of service provider with due reconnaissance of the availability of GSM signals of adequate strength at each of Remote station in the network within 60 days of the signing of the contract agreement. No extension of time may be given for the project completion time for any inordinate delay on this account.
6.7 Supplier shall be in obligation to assist client for obtaining the most cost effective and reliable plan, SIM etc. from the service provider or group of service providers for the communication of data and the voice communication in exigencies. Supplier shall furnish the details of leasing procedure, call drop, traffic congestion, current tariff structure etc. in the bid and coordinate with both client and service provider for optimum fail free communication network.
Ambient temperature
6.8 Ambient temperature range for all covered equipment shall be upto 50 degree Celsius and upto 70 degree Celsius for equipment exposed to sunlight.
Self Supporting Masts
6.9 3 metre high self supporting masts are to be supplied and erected as per the layout approved by the client, for the installation of the equipment at the Remote stations. Supplier shall be required to install all the equipments including battery under this contract, in general, in a NEMA-4 enclosure with locking arrangement mounted on the mast at appropriate levels.
Solar Panel 6.10 72 watt solar panel installed at each of 22 existing stations with 100% redundancy under the possession of the client may be used with proper mounting stand on the tower for power back up. For proposed new stations and optionally for existing stations, the Supplier shall provide solar panel of appropriate capacity for power back up. Again the Supplier shall satisfy himself about the equipments conforming to the specifications and performance criteria as ultimate responsibility for contract performance vests with the Supplier.
Evaporimeter 6.11 It is proposed to use existing Evaporimeter at Bargi, Indira Sagar and SardarSarovar Project in case it is compatible and conforming to the contract performance criteria. The Evaporimeter is a Nova Lynx product with potentiometer float and counterweight system for the measurement variation of 250 mm calibrated on 5 volt DC range. The bid of supplier shall specify its integration with the system with some necessary modifications and installation charges.
IBPT Gate Position
6.12 The stations at IBPT in Sardar Sarovar Project shall be required to transmit the Gate position data of the four service gates installed in irrigation Bypass Tunnel (IBPT) which shall be available in the IBPT control room for the digital display. Supplier shall be required to tap the digital signal of the relevant Gate sensor from there for integration with the RTDAS system under the contract along with the data from water level sensors. The control panel is under the process of installation and its details will be furnished to the Supplier at appropriate time during installation process.
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62 Client Supplier
Power backup 6.13 Power backup at Remote stations
6.13 (a)
The complete system at Remote stations shall be operated with DC battery power, backed by the solar panel for charging in automated mode in general. The battery shall be a maintenance free battery of the adequate capacity to cater to the power requirement of the system for at least 30 days without any chargeback up from the solar panel.
Energy budget (b) The bid of Supplier shall specify the energy budget of the system at Remote stations for 30 transmissions a day to MCC and the sensor scanning intervals cable loss etc. The sleep current, transmission current, current required for house keeping of DCU/Data Logger and round the clock readiness of the cell modem. The adequacy of the design for battery capacity shall be the sole responsibility of the supplier to keep the station operational round the clock throughout year.
Battery management
(c) DCU shall have the facility for effective and efficient management of battery power to avoid any unnecessary power drainage from battery.
Power backup at Master Control Centre
6.13.2 Master Control Centre at Indore has a three phase AC mains power supply. However, on single phase, voltage variation from 180 volt to 250 volt AC is encountered. There is a 7.5 KVA HIREL make ONLINE UPS with battery bank available in MCC in operating condition. There is also a 30 KVA DG set in operational condition to support the power back up. Supplier may use these power backups for the implementation of the contract. However, if supplier feels the need of any modification or replacement or provision of any additional line corrective equipment like isolation transformer, voltage stabilizer etc. he can undertake such work. In such a case the bid should include such costs.
Time Synchronization
6.14 Time is the essence of the Real Time Data for stamping and therefore it needs to be followed with exact Indian Standard Time (IST). A GPS Time Code Receiver with 100% redundancy is available at MCC, Indore which can be integrated with the server for the Synchronizing of the timing of all computers in MCC with IST. The time signal can be transmitted from MCC three times in a calendar day during SLEEP period of the network for the synchronization of the real time cock of the DCU/Data logger at Remote stations. Supplier shall specify the procedure of the Time Synchronization of the entire network with IST.
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63 Client Supplier
Data Communication Priorities
6.15 Data logger/DCU shall scan all the sensors at exact full hour of IST and keep the full hour data for transmission in its buffer for pseudo transmission at the interval of 60 minutes. At the assigned time slot it will transmit the data to MCC thrice to avoid data loss due to transmission failure. However, MCC shall record only one successful data transmission ignoring the other data transmissions. Data from all the remote stations shall be required to be received within full hours plus twenty minutes. Pseudo transmission shall be communication priority.
Data Accuracy 6.16 Data accuracy is the most vital pre requisite for meeting the objectives of the network. Supplier shall ensure that the data stored in the Data Logger/DCU and the Data received in MCC must be equal which means the transmission should be completely error free without any distortion in the data packet. However, from time to time sensors data shall be cross checked with manual data observation of the events, which shall be taken in presence of representatives of both Supplier and Client. The manual observation of data for water level, rainfall, temperature and Relative humidity is generally carried out by co-located Gauge post/Gauge, Ordinary Rain Gauge, mercury thermometer and Hygrometer respectively. Considering the possible human error in data observation and the human-machine differences the following criteria, i.e., difference between manually observed and sensor reading shall be followed for determination of data accuracy of concerned sensor. (a) Water level : 5 cm. (b) Rain fall: 10 mm/hr (c) Temperature : + 5 degree Celsius (d) Relative humidity : + 10%
Cable 6.17 The bid of Supplier must include the environment resistant and fire resistant appropriately shielded very low signal/power loss cables and other connections & interfaces as necessary and suitable for the installation of equipment & operationalization of RTDAS. The length of the cable should be kept minimum as far as practicable to avoid cable losses. Any cable needed to be drawn along the ground must be drawn through HDPE/GI conduit pipes of appropriate size and construction, duly embedded at least 30 cm. below the ground with conspicuous indications of its path and the intermediate joints properly by a marker over the ground.
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64 Client Supplier
Environment 6.18 Remote station 6.18.1 The system at Remote stations shall be required to be subjected
to open environment of highly varying humidity ambient temperature, dust, wind storm up to 200 km/hour, lightning etc. Supplier shall ensure the protection & workability of its installed equipment and the system to withstand such rough environmental conditions without any degradation of the network performance. Bid of the Supplier must include all these aspects of protection and its insurance in the cost.
Master Control Centre
6.18.2 Client has a 2 x 5 Ton AC and 1.5 Ton window AC in working condition at MCC which may be utilized by the Supplier to support the conducive environment.
Assured performance
6.19
Data Communication
6.19.1 (a) At least 90% of the Remote station shall provide the valid data to Master Control Centre within fifteen minutes of the commencement of hourly data pseudo transmission cycle and remaining stations in the next 5 minutes. One cycle of the network data polling must be completed within 20 minutes of the commencement of pseudo transmission of hourly data from the first Remote station. (b) Total polling repeatability of hourly data of a Remote station in a day of 24 hours should not be less than 20. Failure period of MCC and the system of service provider shall not be accounted for in these criteria.
(c) Total reception of hourly data of a sensor at MCC from Remote should not be less than 20 in a day of 24 hours.
Data Quality 6.19.2 The data of each sensor should qualify the accuracy criteria as indicated in sub-clause 6.16. The criteria must be met at least in 20 hourly data transmission in a day of 24 hours.
Testing of network for Takeover
6.20 Testing of network on its completion and energization shall be carried out continuously for 30 days as per the mutually agreed test procedure during the mutually decided period in pursuant to sub-clause 6.19
Taking over 6.21 Upon the successful testing of the RTDAS network both the parties shall mutually decide the date of Taking over. Client shall issue the Taking over certificate to the Supplier. Operational & maintenance period shall commence from the next date of the date of Taking over, for a period of eight years.
Protection against Cyber Crime
6.22 Supplier shall make adequate network safety provisions against any cyber crime and unauthorized intrusions on the communication signal or the database /data storage at MCC and remote stations. A proper protocol should be made for the reflection of such malafide activities in its event and the corrective measures.
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65 Client Supplier
Remote station item wise specification
7.00
Data Logger/Data Control Unit (DCU)
7.01 Data logger/DCU integrated with GSM technology based communication system shall be an insitu intelligent unit for the collection of sensed data signal from various sensors, conversion into engineering units and keeping full hours IST data in the transmission queue for transmission at prescribed time slot through GSM / GPRS modem in pseudo mode to Master Control Centre. The data shall be in ASCII format of adequate word size to register the data up to the decimal values of the resolution of the various measurands. The unit shall have adequate hardware configuration and software support to serve as an interface between Hydro-meteorological Sensors and the Communication link & to perform several tasks as stated below : i) Providing necessary electrical power to sensors electronics and conversion of the electrical output signals of the hydrometeorological sensors into quantitative values. ii) Storage of the IST hourly data at the interval of sixty minutes for all parametersin the memory at least of the last 120 days. iii) Updating of the values of sensed physical events for the transmission of instant values on any intermediate command from Master Control Centre. However, pseudo transmission of full hour data shall be at the interval of 60 minutes. Provision for the programming of sensor scan intervals in one minute step should be there. iv) Clock management; v) Battery management by switching on the cell modem transmitter for the minimum time.
v)The unit shall have adequate number of analogue and digital input channels including RS 232 and RS 485 to accommodate the integration of proposed number of Hydrometeorological sensors and importing of data from other source with at least fifty percent redundancy. The interface between the sensors and Data Logger shall be protected against noise and high voltage spikes. vi) The calendar and clock value shall be updated and synchronized with the calendar and clock of Master Control Centre three times in a day, and provisions shall also be there for its local resetting by some external means. There shall also be provisions in the Data Acquisition System communication controller unit to facilitate various tests locally for field installation and maintenance checks as well as for on site data retrieval and processing for sampling of any or all sensors, reference value setting of counters etc with the use of suitable equipments, to be offered by the Supplier. However, necessary software support shall be provided in Data Acquisition module for the automatic setting of the reference value of counters/memory for some selected parameters like water level, rainfall etc. from Master Control Centre, Indore by suitable commands. There shall be provision for the automatic exercise of quality control of the acquired data by limit checking and limited processing of the variation of physical events with time for error logging of data and flagging of erroneous read-outs.
CELLULAR MODEM
7.02 The GSM/GPRS cellular modem shall be a rugged communication device for standard based quad-band Class 10 performance compatible to the network of Service Providers operating in Narmada basin. This should have broad range of interface options including RS-232, USB and Ethernet. The Data Logger shall provide the packet data to modem for transmission. The modem shall operate under the control of the software of Data Logger. This should have the provisions for panel mounting. The transmission speed of packet data shall not be less than 85 kbps. It should have the facility for Short Message Service (SMS). Power requirement 5 V / 12 V DC Operating Environment up to 70° Celsius Internet protocol supported.
WATER LEVEL SENSOR
7.03 It is proposed to use Bubbler type water level sensor for the measurement of water level in the river (GD station) and the Radar type water level sensor in the reservoir at Project Station. The range of measurement shall be water level variation up to 15 m in the river/canal/ pond and up to 30 m in the reservoir.
7.03.1 The equipment shall have a mercury free and nitrogen free pneumatic bubbler apparatus designed for low maintenance for installation at 18 GD stations. The equipment should preferably be a Desiccator free equipment. The unit should have intelligent pumping strategy for a precise water level measurement and the optimization of power consumption. The signal converter shall be supplied in an IP55 indoors and to IP65 outdoors-minimum polycarbonate enclosure and shall comprise a base unit and a programming features, settings and output conditions. Power : 12 V DC Outputs : Serial SDI-12 and 4-20 mA (locally settable without any additional software operation preferably) Accuracy : Accuracy +/-5mm up to 5 metre +/- 10mm from 5 to 15 metre or better. Resolution : 5mm or better Temperature Range : 0°C to 50°C Humidity : 0-100% Non-condensing Local Data Display : LCD to be provided
RADAR WATER LEVEL SENSOR
7.03.2 The water level sensor shall be required to measure the reservoir level at 8(eight) project station category remote stations. The equipment shall be installed at the Non Overflowing rugged (NOF) Section of the Dam with appropriate rugged fixtures and fittings. Measurement range : up to 30 metre Accuracy : +/- 3mm or better Resolution : 1mm Beam width : 12 or better Beam Angle : +/- 6 or better Sensor Technology : Radar Transmitting Frequency: 24 GHz Pulse Radar or better Output : SDI-12/4-20mA Power Requirement : 10 to 15 Vdc Environmental Conditions - Operating temperature : up to 60C - Relative Humidity : 0-100% (non condensing) - Local Data Display : LCD to be provided The Data Logger shall record the water level data at 15 minutes interval for transmission during pseudo transmission cycle
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68 Client Supplier
TIPPING BUCKET RAIN FALL SENSOR
7.04 Standard measuring instrument for the measurement of rainfall.
Rain enters gauge through an 8” orifice. Collected water passes through debris filtering screen and
is funneled into one of two tipping buckets inside the gauge When a given amount of rain water collects, bucket tips
(amount determined by calibration) Tipping causes magnet to pass over proximity switch,
closing it momentarily Second bucket positions under funnel for filling
instantaneously. After rain is measured it exits through rain tubes with
screen covered holes in the base of the gauge. Designed for many years of accurate, trouble free operation Build in level indicator and pre-drilled feet Capable of recording rainfall intensity up to 400 mm/hr. Tipping bucket specification Base material durable and rigid of cast metal, moulded
thermoplastic, FRP or Equivalent. Confirming to WMO/IMD standards
Collector material durable and rigid of thick metal, FRP or equivalent Galvanised iron sheet is not permitted.
Rim material gun metal / brass or equivalent Collecting funnel close to 200 mm internal diameter Bucket size 0.5 mm equivalent rainfall Depth from rime to Funnel <175 mm Range 0 to 100 mm per 15 minutes Resolution <0.25 mm Accuracy < 5% or better for upto 400 mm/ hours
precipitation rate. Tip detector reed switch preferably double reed switch
with varistor protection Tip detector output 50 ms, limits between 10 and 100 ms
switch closure Output pulsed output to DCU/Data Logger Data logger shall record the pulse counts in cumulative manner for conversion in engineering units. Data logger shall record the Rainfall data at 15 minutes interval for transmission during Pseudo transmission cycle. Supplier shall provide adequate protection and safeguard against the abrupt counter resetting to zero or abrupt jumps of data.
7.05 Air Temperature The instrument shall provide electrical output signal proportional to the ambient air temperature. All parts shall be made of corrosion resistant material. It shall be unaffected by condensation and should be resilient to air borne pollution. The instrument shall be according to appropriate standards by WMO, IMD, ISO or BIS equivalent. Supplier shall clearly specify the standard adopted. Sensor type : Platinum resistance or better or equivalent Operational : -5° Celsius to +60° Celsius Range Accuracy : within + 0.1° Celsius in the entire working range Resolution : 0.1° Celsius Response time : 10 Secs or lesser Self aspirated : To ensure continuous supply of air. Free from turbulence, water droplets and Radiation Accessories : All accessories for mounting the instrument e.g. special cross arm clamps or flag, if any, shall be provided. The sensor shall be unaffected by condensation and should be resistant to airborne pollution
Relative Humidity Range : 0 - 100% RH Accuracy : +3% or better Resolution : 1% Sensor type : Capacitive/solid state Response time : 10 Secs or lesser
MASTER CONTROL CENTRE
8.0
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70 Client Supplier
GSM/GPRS COMMUNI-CATION
8.01 The Data transmitted from the Remote station shall be received at Master Control Centre, located at Indore, MP, India. The communication front head computer (1 + 1) shall be a latest configuration computer to facilitate the ONLINE/OFFLINE data transfer to Server through appropriate LAN. The Cell Modem shall also have 100% redundancy. There should be a facility to synchronize the time and calendar date of entire network thrice in a day on the time signal from the existing GPRS Time Code Receiver. There should be a facility for the calling of the instantaneous/historical data from the Remote Station at any time beyond the pseudo transmission cycle period. The value of water level and rainfall at Remote station can be set from MCC through appropriate command. The facility should also be there for the report generation and graphical presentation of data series in the front head computer. The computer must have the storage capacity for five years at least in the hard disk. One Laser Printer (black & white) shall be provided with the PC. There shall be a work station in the Communication room for report generation and analysis of network performance.
COMPUTER & PERIPHERALS
8.02 There shall be computers in the work stations as follows : 1. Servers : 2 Nos. (1 + 1) 2. Work Stations : 2 Nos. 3. Laser Printer : 1 No. Black & White A3 size (high speed) 4. Laser Printer : 1 No. Colour A4 size (high speed) All the computers/work stations/peripherals shall be of latest generation & configuration. The computers & work stations shall be loaded with latest version of licensed Operating System Software having compatibility to support Database Management Software (DBMS) and Water Management Software..
8.03 Features of Data Base Management Software The Data Base Management Software (DBMS) shall performfour main functions : Communications (telemetry) management Data Logger configuration and management Data collection & storage to DBMS in Time series for
retrieval, display, report generation, editing through association work station on LAN for processing and analysis.
Data dissemination (DBMS, serial, TCP/IP, email, SMS) Display Software Smart/Web View Software application for the presentation of the summary of the acquired full hour IST data Smart/Web View is a Windows application used to
display, graph, map and export collected data, and to view Remote Station configuration information.
Limited and restricted web viewing by permitted officers/ agency. To facilitate the above, Supplier shall design a dedicated web site as per the directions of the Client about requisite features and upload it on internet with connectivity to Database Management Software for data updation and data display and maintain it during the contract period. Open Database Connectivity (ODBC) The database shall be compliant to Open Database Connectivity (ODBC) by providing a tool for exporting and importing data to/from other databases Communication Management Each Remote Station managed by the DBMS has an associated communications profile. Furthermore, every communications medium has a set of configurable parameters that allow the user to customize the behaviour of the communications channel The following elements can be customized to best fit the data needs of an organization : Station Configuration Data Message Configuration (output message formats) in
ASCII form. The supplier shall provide data message configuration not more than 160 characters for a particular data message from a Remote station. The configuration could be:
StartDestination codeStation codeLog timeData Packet with sensor IDCRC checkEOT Data Collection/storage Multiple Data Broadcast Pipelines DBMS shall be provided with the following features :
i) High degree of flexibility in retrieval, display, report generation and editing.
ii) Concurrent multi-user support in batch as well as interactive modes.
iii) Data integrity and protection through appropriate procedures.
iv) Interface to higher level languages for interfacing application programmes to data base
v) Rapid/strong validating capabilities for the data obtained as a result of automatic poll, demand poll or manual data entry, or prior to committing to archives. Temporal consistency checks of the data by comparing the data obtained from the same location on earlier data acquisition cycle can be exercised to avoid any unreasonable variation in the value recorded after each data acquisition cycle. Erroneous data shall need to be flagged.
vi) Menu driven and easy to use, non-procedural user interface for data base definition, creation and for query.
vii) Centralizing and structuring of all hydrometeorological and physical data ‘Master file’ information.
viii) Report generator for generating various reports from data base
ix) Complete set of utilities for maintaining the data base such as archive recovery, help, back up etc.
x) It should have facility for manual data entry in multi-user mode.
Training 8.04 Supplier shall be required to provide adequate training to the
officers (10 in no.) as nominated by the client in order to make them abreast of the intricacy of the technology of the equipment in respect of their installation, operation, preventive and breakdown maintenance. The training shall be divided into two components viz. theoretical training at Indore and On the Job training at the sites of the network under implementation.
8.04.1 Training shall be given to 10 officers connected to the implementation of the project. The training shall contain the theoretical details of the intricacies of equipment technology, followed by the field visit for On the Job training in respect of the installation & calibration procedure & functioning, testing, fault & detection & rectification procedure, preventive maintenance and onsite minor repairs etc. The handouts in both hard and soft copies and the video recording of training in DVD shall be provided.
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73 Client Supplier
Cost of training 8.04.2 The bid of the Supplier should consider only the training charges excluding the Travelling cost in India, per diem charges of trainee officials and accommodation charges.
Training Schedule
8.04.3 The bid of the Supplier must specify a broad training agenda for both the components of training. The training shall ordinarily be required to be completed within the prescribed completion time as indicated in Section-5 under Schedule of Requirement for which Supplier shall inform the Tentative Schedule at least 45 days in advance about their readiness to undertake the work. However, the period of the conduction of Training shall be mutually decided by the parties.
8 years Operation & Maintenance
8.05 The operation & maintenance of the equipments and fittings of the whole network, ensuring their optimumly fail free smooth functioning, shall be carried out in a comprehensive manner by the Supplier for 8 years from the next date of the Taking Over. Supplier shall be under the obligations to provide quality data by keeping all the stations in the network including MCC in perfectly operational condition. In case of failure Supplier shall promptly substitute the faulty equipment with spare equipment for a minimal failure of data communication. Supplier shall ensure the maintenance of adequate stock of spare equipment for such emergency replacement till the rectification and re-instatement of original equipment through his at least three field maintenance team, positioned at Mandla, Hoshangabad and Barwani and a Central maintenance team at Indore. Supplier shall ensure the positioning of a Project Manager at MCC for the co-ordination with the client and field maintenance teams. Project Manager shall keep the site wise history sheet of the equipment maintenance and log of data communication. He will also ensure the functioning and maintenance of website for web viewing.
Scope of Maintenance
8.05.1 The scope shall cover all equipments including the stand by equipment fitting & fixture supplied and/or used by the Supplier under the implementation of the contract. The maintenance shall be carried out by regular preventive maintenance and the prompt breakdown maintenance for which supplier shall keep adequate stock of spares for replacement repairs, testing and measuring facilities with workshop support, dedicated maintenance team with viable transportation means. The preventive maintenance and breakdown maintenance at the station or in workshop shall be effected in the manner so as not to let any Remote Station remain fail for more than 48 hrs. The Communication and Computer equipments shall not remain fail for more than 2 hours in case both working and Hot standby units fail simultaneously.
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In case one unit fails, it must be made operational within 24 hours of fault detection. Supplier shall maintain the dedicated website for web viewing of data with its regular up-dation. Suppliershall keep a very close vigil on the overall working of the system and coordinate liaison with the Client upto the management levels. Visit of maintenance team to each station once in a month during non-monsoon period and twice in a month during monsoon period for preventive maintenance shall be imperative to ensure the effective maintenance for fail free performance of the system. The maintenance shall be carried out in accordance with the standard methods and cautions.
Maintenance Schedule & Procedure
8.05.2 The bid of the Supplier must specify the broad Maintenance Schedule & Procedure which may be further detailed at the time of the commencement of the first year of operation and maintenance with mutual concurrence of the parties.
Compensation for Supplier’s delay
in performance
8.05.3 Supplier shall be liable to compensate the Client for any non performancein accordance with the stipulated provisions under ‘Compensation for Supplier’s delay in performance’ clause as
outlined under clause 17.2, Section-4. 8.05.4 Supplier shall replace free of cost such equipments or
components of the system including the existing ones put to use by the supplier, which are susceptible to perpetual failures in operational or quality performance in the opinion of Client. Replacement will be done by the equipments/ components of the system of either same specification or of improved design and specifications.
Operation & Maintenance Manual (Documentation)
8.06 Supplier shall provide ten copies of installation, operation and maintenance manuals of each equipment, an overview of the complete RTDAS network with necessary maps, layouts, wiring and fault detection flow chart etc.
Documentation cost
8.06.1 The bid of the Supplier should specify the cost of such elaborate documentation, if any, under the incidental services.
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BHOPAL
INDORE
KHARGON
VADODARA
BHARUCH
SURAT
KHANDWA
BETUL
HOSHANGABAD
NARSINGHPUR
JABALPUR
P R A D E S HM A D H Y A
M A D H Y A P R A D E S H
R A J A S T H A N
G U J A R A T
G U J A R A T
DINDORI
KATNI
HARDA
Jam
ner R
NARMADA
Amarkantak
73o 74o 75o 76o 77o 78o 79o 80o 81o
73o 74o 75o76o 77o 78o 79o 80o 81o
23o
22o
21o
23o
22o
21o
50 kmSCALE:
10 10 20 40300
M C C
BARWANI
STATIONS PROPOSED UNDERSTRENGTHENED RTDAS NETWORK IN NARMADA BASIN
M A H A R A S H T R A
ZONE-6
ZONE-5
ZONE-4
ZONE-3
ZONE-2
ZONE-1
R-1
MANDLA R-2
R-3
R-4
R-5
R-6
R-7
R-8
R-9
R-10
R-11
R-12
R-13
R-14
R-15
R-16
R-17 R-18
RN-2
RN-3
RN-5
RN-4
RN-6RN-7
RN-8
RN-10
RN-9RN-12
RN-17
RN-11
RN-14RN-18
RN-13
RN-21
RN-22
RN-1
RN-16
RN-19
LEGEND
BASIN BOUNDARY
ZONE BOUNDARY
DISTRICT HEAD QTRS
EXISTING STATIONS
PROPOSED STATIONS
INDORE
ABBREVIATIONS
R : EXISTING RTDAS STATION
RN : PROPOSED RTDAS STATION
WL : WATER LEVEL
RF : RAINFALL
AT : AMBIENT TEMPERATURE
RH : RELATIVE HUMIDITY
EV : EVAPORATION
GP : GATE POSITION
RN-15
NARMADA CONTROL AUTHORITYREGIONAL OFFICE : INDORE
STATIONS PROPOSED UNDER
STRENGTHENED RTDAS NETWORK
IN NARMADA BASIN
RN-20
GULF
OF
CAMBAY
RN-24
RN-23
76 Client Supplier
Appendix-2
LIST OF STATIONS IN RTDAS NETWORK
A. Remote Stations Project Stations (PS) category RS:
S No. ID No. NAME OF STATION PARAMETERS TO BE OBSERVED
Section 7. Technical Proposal - Standard Forms TECH-1 Technical Proposal Submission Form TECH-2 Bidders & Consortium Members Organization and Experience
A Organization B Experience
TECH-3 Clause by clause commentary on the stipulated specifications & term
of contract with respect to the offer and deviations TECH-4 Curriculum Vitae (CV) for Proposed Key Professional Staff TECH-5 Work Schedule The forms are as follows:
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[Location, Date] To: The Chief Engineer, Narmada Control Authority, Narmada Sadan, Scheme No.74, Vijay Nagar, Indore – 452010, MP, INDIA Contact No.0731-2554477 Dear Sirs:
We, the undersigned, offer to provide the services for operationalization of Real Time Data Acquisition system (RTDAS) & its maintenance for inflow forecasting & water accounting in Narmada river basin in accordance with your Request for Proposal dated ………….and our
Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and requisite Bid security and a Financial Proposal sealed under a separate envelope. We are submitting our Proposal in association with: [Insert a list with full name and
address of each associated Consortium Members] We hereby declare that all the information and statements made in this Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification. We undertake, if our Proposal is accepted, to initiate the services related to the assignment not later than the date indicated in Paragraph Reference ……….of the Data Sheet. We understand you are not bound to accept any Proposal you receive. We remain,
Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:
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each associate for this assignment. The description of each of the consortium Members organization constituting the eligibility criteria to bid, be given separately along with the copy of MOU]
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82 Client Supplier
TECH-3 : Clause by clause commentary on the stipulated specifications & term of contract with respect to the offer and deviations
Clause by clause commentary on the specifications and the terms of contract with respect to the offer in the bid indicating the section, clause reference, compliance and deviations. In case of deviations justifications be furnished.
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TECH-4 : CURRICULUM VITAE (CV) FOR PROPOSED KEY PROFESSIONAL STAFF
1. Proposed Position[only one candidate shall be nominated for each position]: 2. Name of Firm[Insert name of firm proposing the staff]: 3. Name of Staff[Insert full name]: 4. Date of Birth: Nationality: 5. Education[Indicate college/university and other specialized education of staff member, giving names
of institutions, degrees obtained, and dates of obtainment]: 6. Membership of Professional Associations: 7. Other Training[Indicate significant training since degrees under 5 - Education were obtained]: 8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 9. Languages[For each language indicate proficiency: good, fair, or poor in speaking, reading, and
writing]: 10. Employment Record [Starting with present position, list in reverse order every employment held
by staff member since graduation, giving for each employment (see format here below): dates of
employment, name of employing organization, positions held.]: From [Year]: To [Year]:
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Client Supplier 84
11. Detailed Tasks Assigned
[List all tasks to be
performed under this
assignment]
12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned [Among theassignments in which the staff has been involved,
indicate the following information forthose assignments that best
illustrate staff capability to handle the tasks listed under point 11.] Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
13. Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year Full name of authorized representative:
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Client Supplier 87
FIN-1 : FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date] To, The Chief Engineer, Narmada Control Authority, Narmada Sadan, Scheme 74, Vijay Nagar, Indore - 452 010 (M.P.) INDIA Tel : 0731-2554477 Dear Sirs: We, the undersigned, offer our price bid for the “Operationalization of RTDAS for
Inflow forecasting & Water Accounting System in Narmada River Basin” in accordance with your Request for Proposal dated ………………and our Technical Proposal. Our
attached Financial Proposal is for the sum of [Insert amount(s) in words and figures1].
This amount is firm for all the items included in Fin-2 and also inclusive of following : (a) Foreign Exchange parity rate (if any) (b) Custom duty categories of goods under prevent duty/taxes rules be also mentioned (c) Excise duty (d) Sales tax (e) VAT (f) Local taxes. (g) Packing & forwarding charges up to the respective sites of installation Our Financial Proposal shall be binding upon us up to expiration of the validity period of the Proposal, i.e. before the date indicated in Paragraph Reference 1.5 of the Data Sheet and any unconditional extended period of bid validity accorded by us subsequently.
No commissions or gratuities have been or are to paid by us to agents relating to this Proposal and Contract execution. We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:
1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.
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Client Supplier 88
FIN-2 : SUMMARY OF COSTS S.No. Description No.
of Unit
Total Amount in `
1 Design, supply, installation, testing, commissioning, operation and maintenance including related incidental services & training of Real Time Data Acquisition System (RTDAS) comprising of
(a) Hydromet & Hydrometeorological equipment with sensors for telemetry measurement of (i) Rainfall (ii) Water Level (iii) Temperature & Relative humidity
39 26 40
(b) Real Time Data logger/Data control and GSM/GPRS based communication unit equipments with appropriate cables & interface equipment at Remote station
42
(c) GSM/GPRS based Data Communication System capable of receiving data from 42 Remote station with provision of future expansion to a maximum of 80 Remote stations along with operator control terminal with 100% redundancy at Master Control Centre (MCC)
1 lot
(d) Computer equipment for server, work station etc. alongwith Printers, DVD writer & Player, UPS, Voltage stabilizer, LAN etc. with fixtures & fittings at MCC
1 lot
(e) Software supports for Data communication and the Data Base Management System at MCC
1 lot
(f) Training of the Engineering/Technicians of clients on the job.
LS
(g) Operation & Maintenance of the complete system covered under serial no.1(a) to (e) for a period of 8 years w.e.f. the next date of the date of its Taking over by the Client
LS
Note : 1. The Bidder must provide chart of various stages of the completion of work like
PERT – CPM CHART. 2. Out of the Lump sum cost quoted by the Bidder the individual component of
incidental services may be indicated separately. 3 The quoted cost shall be inclusive of all duties, taxes, forwarding, transportation,
man power cost at the prevalent rates. 4. The tax deduction at source at the prevalent applicable rate shall be effected at the
time of payment for various stages.
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Client Supplier 89
S E C T I O N 9
S T A N D A R D F O R M O F C O N T R A C T
I. Form of Contract II. Advance payment of Security Form – Model III. Performance Security Form – Model
I. Form of Contract This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of [month], [year], between, on the one hand, [name of client] (hereinafter called the “Client”) and, on the other hand, [name of Supplier] (hereinafter called the “Supplier”) or
a joint venture/consortium/association consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Supplier’s obligations under
this Contract, namely, [name of Supplier] and [name of Supplier] (hereinafter called the “Supplier”).]
WHEREAS The Client is desirous that certain Goods and ancillary services should be provided by the Supplier for the operationalization including design, supply, installation, testing, commissioning and maintenance of Real Time Data Acquisition Network in Narmada basin and training to the technical officials of NCA thereon, and has accepted a Bid by the Supplier for the supply of those Goods and Services in the sum of (Contract Price in Words and Figures) (hereinafter “The Contract Price”).
NOW THIS AGREEEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement works and expressions shall have the same meaning as are respectively assigned to them in the conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz. :
(a) The General Conditions of Contract; (b) The Special Conditions of Contract;
(c) The Schedule of Requirements (d) The Specifications (e) The Financial Bid (f) The Technical Bid (g) Data Sheet (h) Client’s notification of Award (i) Negotiated and Accepted addendums (j) All correspondence with the Bidder during the process of Bid evaluation before
Award of Contract 3. In consideration of the payments to be made by the Client to the Supplier as hereinafter mentioned, the Supplier hereby convenants with the Client to provide the Goods and Services and to remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Client hereby convenants to pay the Supplier in consideration of the provisions of the Goods and Services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
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Client Supplier 91
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with respective laws the day and year first above written.
Signed, Sealed and Delivered by the
said __________________________________ (For the Client)
in presence of ____________________________
Signed, Sealed and Delivered by the
said __________________________________ (For the Supplier)
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Client Supplier 92
II ADVANCE PAYMENT SECURITY FORM - MODEL
WHEREAS ______________________ (name of Supplier) hereinafter called ““The Supplier” has undertaken in pursuance of Contract No.
___________________dated ________to design, supply, transport, install and commission Real Time Data Acquisition Network in Narmada basin called “the
Contract”.
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank Guarantee issued by a nationalized Bank for sum specified therein as advance payment in accordance with the Contract.
AND WHEREAS we have agreed to give the said guarantee :
We hereby affirm that we are guarantors and responsible to you, up to a total of (amount of the guarantee in works and figures) and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand for the sum specified therein, without requiring you and your right to recover any amount due to you from us shall not be affected or suspended by any reason including that any dispute or disputes with regard to the liability under the Contract have arisen or there are any proceedings pending before any Tribunal or Arbitrator or Court with regard thereto or in connection therewith. The amount of this guarantee shall be payable to the account of Narmada Control Authority on a Nationalized Indian Bank. It is fully understood that this guarantee is effective from the date of the said contract and that we __________________ Bank undertake not to revoke this guarantee during its currency without the consent in writing of the Client.
THIS GUARANTEE is valid until the ____ date of _______________. The claim can be made within 30 days of the last date of the validity thereafter. If further extension to this guarantee is required and if this is agreed to between the Client and Supplier, the same shall be extended to such required periods on receiving instructions from _____________________ on whose behalf this guarantee is issued. _____________________
Signature and seal of the Guarantor Date : _____________ Address : ___________________________
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Client Supplier 93
III PERFORMANCE SECURITY FORM - MODEL
WHEREAS ______________________ (name of Supplier) hereinafter called ““The Supplier” has undertaken, in pursuance of Contract No.
___________________dated ________to design, supply, install, test and commission Real Time Data Acquisition System in Narmada basin hereinafter called “the Contract”.
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank Guarantee by a Nationalized Bank for the sum specified therein as security for compliance with the Supplier’s performance obligations
in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee :
THEREFORE WE hereby affirm that we are guarantors and responsible to you, on behalf of the Supplier, up to a total of ______________(amount of the guarantee in works and figures) and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of _______________(amount of Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.
THIS GUARANTEE is valid until the ____ date of _______________. The claim can be made within 30 days of the last date of the validity thereafter. _____________________
Signature and seal of the Guarantor Date : _____________ Address: ___________________________