--o0o-- Please refer to the subject and references cited

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Page 1of 24 Hyderabad – 500004, Telangana State, India.

Phone: (40)23224935, 23226970; Fax: 23227458 Email: mngdirector-tsts@telangana.gov.in

Website: http://www.tsts.telangana.gov.in CIN No: U74900TG2015SGC101517

Lr.No. TSTS/IIP/189/TSDC-FM&MS2019 Dated: 15.06.2020

To

The Prospective bidders

Sir,

Sub: TSTS - Open Competitive Bid for “Selection of System Integrator for Facility Management & Maintenance Services (FM&MS) of Telangana State Data Center (TSDC).” - Corrigendum - Intimation – Reg

Ref: 1. Tender Ref: TSTS/IIP/189/TSDC-FM&MS-REFLOAT/2020, Dt: 03.06.2020.

--o0o--

Please refer to the subject and references cited. TSTS called tender for Tender called for Selection of System Integrator for Facility Management & Maintenance Services (FM&MS) of Telangana State Data Center (TSDC)”. The following amendment/clarification given to the bid document:-

a) Annexure I - Addendum/ Corrigendum

b) Annexure II - Responses to the Queries & Clarifications to the RFP.

c) Annexure III - Revised Pre-Qualification & Technical Qualification Forms.

All other terms and conditions in the RFP remain unaltered.

Yours sincerely, Sd/-

i/c. General Manager

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Page 2of 24

#

RFP Page

No.

RFP Clause

No.

Descripti on

Description as per RFP

Clause Clarifications / Amendment

1. 12 Tender

Call Notice

Time schedule of various tender related events:

Bid Closing date and time 15.06.2020, 03:00 PM

Amended to:

Time schedule of various tender related events:

Last Date/ Time for sale of document:

26.062020, 02:00 PM Bid closing date and time:

26.062020, 03:00 PM Bid opening date and time:

26.062020, 03:30 PM 2. 14 1.4 Roles &

Responsib ilities

Reimbursement of diesel cost shall be done on a Quarterly basis. DCO would be required to submit original bills of the fuel station along with their invoice for reimbursement. SDA shall verify the diesel consumption from the logbook maintained and MIS generated through the BMS. The bidder must ensure that there is an automated system installed which allows for

measurement of the diesel consumed, and this system should also be integrated with the Building

Management System (BMS).

This BMS should provide the overall statistics of the power availability, source of power, etc.

Amended to:

-SDA shall

verify the diesel consumption from the logbook maintained and MIS generated through the BMS.

The bidder must ensure that there is an automated system installed which allows for measurement of the diesel consumed, and this system should also be integrated with the Building Management System (BMS). This BMS should provide the overall statistics of the

power availability, source of power, etc.

- The responsible for Electricity, Diesel & Consumables

management for the entire project period by ITE&C Department of GoTS & GoAP.

3. 17 2.1 ( C )

Pre- Qualificati on criteria ( C )

Point c (Document Required) Work order/ Contract Extract indicating the scope of work along with the Data Center certification details.

The Bidder shall submit a self-declaration for

successful completion for the project.

- The information should be provided as per Form –P3.

Amended to:

Point c (Document Required) Work order/ Contract Extract/

Certificate by the Company Secretary of the bidder indicating the scope of Work.

The Bidder shall submit a self- declaration for successful completion for the project.

4. 17 2.1 ( D )

Pre- Qualificati on criteria ( D )

The bidder must have experience in providing Facility Management &

Maintenance Services in at least Tier II/ Tier III / Tier IV Data Center of Central Government Department/

State Government Department/ PSU/ Govt.

Undertaking projects during any of the last Five financial years in India 2014 -15, 2015-16, 2016-17, 2017-18 &

2018-19)

Amended to:

the bidder must have experience in providing Facility Management

& Maintenance Services in at least Three SDC (Tier II/Tier III / Tier IV) Data Center of Central Government Department/ State Government Department/ PSU/

Govt during in the last ten (10) years as on 31/03/2019, where FMS should be provided for 3 consecutive years.

5. 17 2.1 ( D )

Pre- Qualificati

Point d (Document Required) Work order/ Contract Extract/

Amended to:

Point d (Document Required)

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Page 3of 24 No. No.

on criteria ( D )

indicating the scope of work along with the Data Center certification details.

The Bidder shall submit a self-declaration for

successful completion for the project.

- The information should be provided as per Form –P4

Work order/ Contract Extract/

Certificate by the Company Secretary of the bidder indicating the scope of Work.

The Bidder shall submit a self- declaration for successful completion for the project.

6. 17 2.1 ( F )

Pre- Qualificati on criteria ( F )

The bidder must have prior experience in implementation of Operations and

Maintenance of Data Center for Central Government Department/ State Government Department/

PSU/ Govt. Undertakings having the project/ contract value during last 3 financial years i.e.(2016-17, 2017-18, 2018-19)

a. Single Project – Rs.15 Crores or

b. Two Projects - Rs.10 Crores of each

or

c. Three Projects – Rs. 5 Crores of each

Amended to:

The bidder must have prior experience in implementation of Operations and Maintenance of Data Center for Central

Government Department/ State Government Department/ PSU/

Govt. Undertakings having the project/ contract value during last 5 financial years i.e.(2014-15, 2015-16, 2016-17, 2017-18, 2018-19).

a. Single Project – Rs.15 Crores.

or

b. Two Projects - Rs.10 Crores of each.

or

c. Three Projects – Rs. 5 Crores of each.

7. 18 2.1 (g) Pre- Qualificati on criteria (g)

The authorization letters on the letter heads of the OEM- (Required for the following OEMs – Vmware, Nutranix HP, Dell, Lenovo Cisco, Netapp, Radware, Fortigate, and Checkpoint). Please refer Form-P7

Amended to:

The authorization letters on the letter heads of the OEM-

(Required for the following OEMs – HP, Dell, Lenovo Cisco, Netapp, Radware, Fortigate, and Checkpoint). Please refer Form- P7.

8. 2.1 ( j ) Pre- Qualificati on criteria ( j )

The Bidder must submit self- declaration letter for back to back agreement with OEM (VMware, Nutanix, HP, Dell, Lenovo, Cisco, Netapp, Radware, Fortigate and Checkpoint) for product support. The bidder must submit agreement with OEM/OEM Authorized partner within 1 month of signing of contract. Beyond that 2% penalty shall be deducted on weekly basis without any cap on the QGR until the submission of the document to TSTS.

Amended to:

The Bidder must submit self- declaration letter for back to back agreement with OEM (HP, Dell, Lenovo, Cisco, Netapp,

Radware, Fortigate and

Checkpoint) for product support.

The bidder must submit agreement with OEM/OEM Authorized partner within 1 month of signing of contract.

Beyond that 2% penalty shall be deducted on weekly basis without any cap on the QGR until the submission of the document to TSTS.

9. 19 2.2 (1) Technical Evaluation criteria (1)

Bidders experience in commissioning and

installation of Tier II/ Tier III / Tier IV Data Center of Central Government Department/ State Government Department/

PSU/ Govt. Undertaking projects in the last ten (10)

Amended to:

Bidders experience in

commissioning and installation of Tier II/ Tier III / Tier IV Data Center of Central Government Department/ State Government Department/ PSU/ Govt.

Undertaking projects in the last ten (10) years as on 31/03/2019.

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Page 4of 24 No. No.

years as on 31/03/2019.

Note: Bidder’s in-house data centres shall not be

considered

Work order/ Contract Extract indicating the scope of work along with the Data Center certification details. – Use Form T1

Note: Bidder’s in-house data centres shall not be considered Work order/ Contract Extract/

Certificate by the Company Secretary of the bidder, indicating the scope of Work – Use Form T1.

- Amended to:

The bidder must have

experience in providing Facility Management & Maintenance Services in Tier II/Tier III / Tier IV) Data Center of Central Government Department/ State Government Department/ PSU/

Govt during in the last ten (10) years as on 31/03/2019.

- Use Form T2.

11. 41 4.34 Electricity, Diesel &

Consuma bles Managem ent at SDC

The Bidder shall be responsible for Electricity, Diesel & Consumables Management for the entire project period. The list of consumables and its approx.

amount claimed by the existing DCO on quarterly basis for last one year is mentioned herewith for reference.

Amended to:

The Electricity, Diesel &

Consumables will be paid for the entire project period by ITE&C Department of GoTS & GoAP.

12. 47 4.38.3 Takeover service levels

A Penalty as .5% per week for first two weeks, 1% per week for every

subsequent week. Subject to a maximum of 10%. Penalty will be

computed on Manpower value of contract.

Amended to:

A Penalty as .25% per week for first two weeks, 1% per week for every

subsequent week. Subject to a maximum of 5%. Penalty will be computed on Manpower value of contract.

13. 4.38.13 Penalties Three consecutive quarterly deductions of more than 50

% of the applicable fee because of any reasons will be deemed to be an event of default and may lead to termination.

Amended to:

Three consecutive quarterly deductions of more than 20 % of the applicable fee because of any reasons will be deemed to be an event of default and may lead to termination.

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Page 5of 24 S.

No

RFP Page

No.

RFP Clause

No.

Description As per RFP Clause Bidder's Request for Amendment / Clarifications

Responses to the Queries

& Clarifications to the RFP.

1. 6 1.4 Roles &

Responsibilities

Scalability in terms of availability of physical space, racks and supporting infrastructure

Kindly clarify if it means that any physical expansion like addition of Racks, Power, cooling, interior works will be under bidder scope .If yes, request same to consider under TSTC scope. bidder will support in terms of design and implementation supervision.

Clarification:

Physical Racks expansion, Power, cooling, interior works will be done by TSTS/ ITE&C and support and planning required by the Bidder.

2. 18 2.1 ( g ) Pre-

Qualification criteria ( g )

The bidder should be an OEM partner/distributer/service partner to offer support services and AMC for items mentioned in the RFP.

The bidder should be an OEM

partner/distributer/service partner to offer support services and AMC for items mentioned in the RFP.

No change, As per RFP.

3. 18 2.1 ( l ) Pre-

Qualification criteria ( l )

The bidder must have on its payroll at least 300 technically qualified

professionals or more in the area of Data Centres/networking/ systems integration services as on 31.03.2019.

The bidder must have on its payroll at least 2000 technically qualified professionals in the area of Data Centres/ networking/ systems integration services as on 31.03.2019.

4. 18 2.1 ( m ) Pre-

Qualification criteria ( m )

The bidder shall have a valid ISO 20000 or ISO27001 or ISO 9001 certification as on bid calling date.

Request addition of relevant certifications:

- The bidder should hold valid ISO 9001:2008 certificates in IT Infrastructure

- The bidder should hold valid CMMI Level 5 certificates in “IT Infrastructure Management Services”

Bidders experience in commissioning and installation of Tier II/ Tier III / Tier IV Data Center of Central Government Department/ State Government Department/ PSU/ Govt. Undertaking projects in the last ten (10) years as on 31/03/2019.

Note: Bidder’s in-house data centres shall not be considered

Work order/ Contract Extract indicating the scope of work along with the Data Center certification details. –

Use Form T1 - Only Project Cost

Bidders experience in commissioning and installation of Tier III / Tier IV Data Center in the last ten (10) years as on 31/03/2019.

Note: Bidder’s in-house data centres shall not be considered Work order/ Contract Extract indicating the scope of work along with the Data Center certification details.

– Use Form T1

Only Project Cost greater than Rs. 5 Cr and the contract in the last 10 financial years will be considered.

2 Data Centres: 5 Marks 3 Data Centres: 10 Marks

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greater than Rs. 5 Cr and the contract in the last 10 financial years will be considered.

2 Data Centres: 5 Marks 3 Data Centres: 10 Marks

4 Data Centres & Above: 15 Marks

Average Annual Turnover of the company from IT/ITE Services/ ICT/

Tele Communications/ Networking Projects & services in the last 3 Financial Years ending 31 March 2019 by bidder – (Statutory Auditor/ CA certificate) – Use form T3.

100 cr<200 cr: 6 Marks

>=200 cr<300 cr: 8 Marks 300 cr& Above: 10 Marks

Average Annual Turnover of the company from IT/ITE Services/ ICT/ Tele Communications/

Networking Projects & services in the last 3 Financial Years ending 31 March 2019 by bidder – (Statutory Auditor/ CA certificate) – Use form T3.

100 cr<200 400cr<800 : 6 Marks

>=200 cr<300>=800 to 1500 cr: 8 Marks 1500 cr& Above: 10 Marks

Experience in usage of management tools (EMS,NMS, and BMS) and implementation support to TSTS on deployment of new tools if any in project duration- Form T10

Experience in usage of management tools (EMS,NMS, and BMS) and implementation support to TSTS on deployment of new tools if any in project duration

Clarification:

Experience in BMS tools would be considerable for better practice.

8. 21 3.1.7 Transaction

Fee (Corpus fund)

Successful bidder has to pay an amount of 0.04% on quoted value through demand draft in favour of Managing Director, TSTS, Hyderabad, towards corpus fund at the time of concluding agreement.

Successful bidder has to pay an amount of 0.04% on quoted value through demand draft in favour of

Managing Director, TSTS, Hyderabad, towards corpus fund

at the time of concluding agreement.

Standard e-procurement RPP terms and conditions.

9. 22 3.1 (8) Variation in quantities

+/- 25% Please clarify how will this variation clause and to which components

Clarification:

During the contract period any item may get

replaced/added with department committee approval.

10. 27 4.3.8 Basic

Infrastructure Services

Proactive and reactive maintenance, repair and replacement of defective components (physical and other peripheral IT infrastructure) installed at the Data Center through this RFP. The

Bidder will do the regular repair and Maintenance as per the OEMs

recommendation. Any component failed during the operation, to be replaced by the customer.

Clarification:

Department will replace if required.

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cost for repair and replacement shall be borne by the DCO.

11. 27 4.3.9 Basic

Infrastructure Services

Any component (Physical & IT installed at the time of SDC commissioning) that is reported to be faulty / non-functional on a given date should be either fully repaired or replaced by

temporary substitute (of equivalent configuration) within the time frame agreed upon in the

Service Level Agreement (SLA).

All the EOL/EOS and faulty/Non-functional components to be replaced before taking over the new agreement by the chosen bidder.

12. 29 4.10 Physical

Infrastructure Management &

Maintenance Services

All the devices that will be installed in the Data Centre as part of the physical infrastructure

should be SNMP enabled and shall be centrally and remotely monitored and managed on a

24x7x365 basis. Industry leading infrastructure management solution should be deployed to

facilitate monitoring and management of the Data Centre Infrastructure on one integrated

console. The physical infrastructure management and maintenance services shall include:

1. Proactive and reactive maintenance, repair and replacement of defective components (IT

and Non-IT/ Hardware and Software).

The cost for repair and replacement shall be borne

by the selected bidder.

Kindly clarify if bidder need to deploy DCIM tool for monitoring and managing the physical infrastructure. If yes customer needs to provide API and SDKs of all the devices installed for integration. Our understanding is that all the devices installed in SDC is SNMP enabled.

Kindly confirm as we don’t have any supply scope as a part of this RFP.

Clarification:

Bidder need not to deploy new tools for monitoring purpose. If any new tools require department will take a call

13. 45 4.37 (9) Manpower Criteria

If more than 20% of total manpower is changed within a year then for every additional 10% change of manpower, 2% of QGR will be deducted.

If more than 20% of total manpower is

changed within a year then for every additional 10% change of manpower, 0.5% 2% of QGR will be deducted as penalty.

14. 53 4.38.13 Penalties The total deduction shall not exceed Notwithstanding anything else to the contrary , No change, As per RFP.

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50 % of the QGR the overall penalties including Liquidated damages shall be capped to 5% of the overall contract value and the capping for each month shall be 5% of the monthly invoice.

15. 62 7.13 (6) The bid security may be forfeited

b. in the case of a successful bidder, if the bidder fails:

• To sign the contract in time; or

• To furnish performance security

b. in the case of a successful bidder, if the bidder fails:

• To sign the contract in time on mutually agreed terms and conditions; or

• To furnish performance security

16. 67 8.16 Performance

security

Failure of the successful bidder to sign the contract, proposed in this

document and as may be modified, elaborated or amended through the award letter, shall constitute enough grounds for the annulment of the award and forfeiture of the bid security, in which event the TSTS may make the award to another bidder or call for new bids.

Failure of the successful bidder to sign the contract, proposed in this document and as may be modified, elaborated or amended through the award letter, shall constitute enough grounds for the annulment of the award and forfeiture of the bid security, in which event the TSTS may make the award to another bidder or call for new bids. Before invoking performance security, Supplier shall be given 60 days notice to cure the default.

17. 67 8.12 TSTS’ right to vary quantities at time of award

1 TSTS reserves the right to place any number of staggered orders during the contract period.

2 TSTS reserves the right not to place any supply / purchase order

whatsoever, irrespective of finalization of the L1 bidder.

3 The RFP / contract does not confer any right whatsoever on the bidder/L1 Bidder for demanding TSTS to place order on them.

1 TSTS reserves the right to place any number of staggered orders during the contract period.

or specify minimum guaranteed quantity in case of staggered order

2 TSTS reserves the right not to place any supply / purchase order whatsoever, irrespective of finalization of the L1 bidder.

3 The RFP / contract does not confer any right whatsoever on the bidder/L1 Bidder for demanding TSTS to place order on them.

18. 70 9.5 Performance

security

The performance security shall be payable to the TSTS as compensation for any loss resulting from the

supplier’s failure to complete its obligations under the contract

The performance security shall be payable to the TSTS as compensation for any loss resulting from the supplier’s failure to complete its obligations under the contract. Before invoking performance security, Supplier shall be given 60 days notice to cure the default.

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19. 72 9.1.1 Indemnity The Service Provider shall execute and furnish to TSTS a Deed of Indemnity in favour of the TSTS in a form and manner acceptable to TSTS, indemnifying TSTS from and against any costs, loss, damages, expense, claims including those from third parties or liabilities of any kind

howsoever suffered, arising or incurred inter alia during and after the Contract period out of:

The Service Provider shall execute and furnish to TSTS a Deed of Indemnity in favour of the TSTS in a form and manner acceptable to TSTS, indemnifying TSTS from and against any costs, direct loss, damages, expense, claims including those from third parties or liabilities of any kind howsoever suffered, arising or incurred inter alia during and after the Contract period out of:

20. 74 9.12 Transportation Transport of the goods to the project site(s) shall be arranged by the vendor at his cost.

Request removal of Transportation from scope Clarification:

It is in the part of FM&MS on other items in project as per RFP.

21. 74 9.17 (5) Payment The payments shall be released by the Government on a Quarterly basis, at the end of each Quarter duly deducting penalties if any, on compliance of the services provided by the

Operator/service provider against the SLAs entered, certified by the TPA.

The payments shall be released by the Government on a Quarterly monthly basis in advance, at the end of each Quarter month duly deducting penalties if any, on compliance of the services provided by the

Operator/service provider against the SLAs entered, certified by the TPA.

22. 74 9.17 (7) Payment The Operator/service provider shall be paid Quarterly Guaranteed Revenue after subtracting penalties.

The Operator/service provider shall be paid Monthly Quarterly Guaranteed Revenue in advance after subtracting penalties.

23. 75 9.22 Subcontracts 9.22 Subcontracts

The Vendor shall notify the TSTS in writing of all subcontracts awarded under this contract if

not already specified in the bidder’s proposal. Such notification, in the original bid or later, shall

not relieve the Vendor from any liability or obligation under the contract.

Subcontract shall be

only for bought-out items and sub- assemblies.

9.22 Subcontracts

The Vendor shall notify the TSTS in writing of all subcontracts awarded under this contract if not already specified in the bidder’s proposal.

Such notification, in the original bid or later, shall

not relieve the Vendor from any liability or obligation under the contract. Subcontract shall be

only for bought-out items and sub-assemblies.

24. 75 9.19 Change orders TSTS may, at any time, by written order given to the Vendor, make

TSTS may, at any time, by mutual consent give a written order to the Vendor, make

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changes within the general scope of the Contract in any one or more of the following

changes within the general scope of the Contract in any one or more of the following.

25. 76 9.24 Liquidated damages

If the Vendor fails to deliver any or all of the goods or perform the services within the time period(s) specified in the Contract, the TSTS shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to, as per the terms indicated in the bid document, until actual delivery or performance, subject to maximum limit. Once the maximum is reached, the TSTS may consider termination of the

contract.

If the Vendor fails to deliver any or all of the goods or perform the services within the time period(s) specified in the Contract, the TSTS shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages Notwithstanding anything else to the contrary , the overall penalties including Liquidated damages shall be capped to 3% of the overall contract value and the capping for each month shall be 3% of the monthly invoice. , a sum equivalent to, as per the terms indicated in the bid document, until actual delivery or performance, subject to maximum limit. Once the maximum is reached, the TSTS may consider termination of the contract.

Service provider should be given 90 days written notice to cure the default failing which may attract termination for which Service provider should be given a notice period for 30 days. In the event of termination TSTS shall pay service provider for goods delivered and services rendered till the date of termination.

26. 76 9.23 Delays in the supplier’s performance

A delay by the Vendor in the

performance of its delivery obligations shall render the vendor liable to the imposition of appropriate liquidated damages, unless an extension of time is agreed upon by TSTS without liquidated damages

A delay by the Vendor in the performance of its delivery obligations shall render the vendor liable to the imposition of appropriate

liquidated damages. Notwithstanding anything else to the contrary , the overall penalties including Liquidated damages shall be capped to 5% of the overall contract value and the capping for each month shall be 5% of the monthly invoice., unless an extension of time is agreed upon by TSTS without liquidated damages

27. 76 9.23 Delays in the supplier’s

A delay by the Vendor in the

performance of its delivery obligations

A delay by the Vendor in the performance of its delivery obligations shall render the vendor

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performance shall render the vendor liable to the imposition of appropriate liquidated damages, unless an extension of time is agreed upon by TSTS without liquidated damages

liable to the imposition of appropriate liquidated damages unless an extension of time is agreed upon by TSTS without liquidated damages

28. 77 9.25 Termination for default

The TSTS, without prejudice to any other remedy for breach of Contract, by written notice of

default sent to the Vendor, may terminate the Contract in whole or in part:

a. if the Vendor fails to deliver any or all the services within the time(s) specified in the

contract, or within any extension b. if the Vendor fails to perform any other obligation(s) under the Contract or

c. If the Vendor, in the judgment of the TSTS has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

The TSTS, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Vendor, may terminate the Contract in whole or in part:

a. if the Vendor fails to deliver any or all the services within the time(s) specified in the contract, or within any extension

b. if the Vendor fails to perform any other obligation(s) under the Contract or

c. If the Vendor, in the judgment of the TSTS has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

Service provider should be given 90 days written notice to cure the default failing which may attract termination for which Service provider should be given a notice period for 30 days. In the event of termination TSTS shall pay service provider for goods delivered and services rendered till the date of termination.

29. 77 9.25 Termination for default

In the event the TSTS terminated the contract in whole or in part, TSTS may procure, upon such terms and in such manner as it deems appropriate, goods or services like those

undelivered, and the Vendor shall be liable to the TSTS for any excess costs for such

similar goods or services. However, the Vendor shall continue performance of the contract to the extent not terminated. TSTS would make the eligible payment for the services rendered by the service provider till the date of such termination after

In the event the TSTS terminated the contract in whole or in part, TSTS may procure, upon such terms and in such manner as it deems appropriate, goods or services like those undelivered, and the Vendor shall be liable to the TSTS for any excess costs for such similar goods or services. Vendor shall be required to bear only the Excess Cost for procurement of goods and/or services similar to those undelivered. The Term “Excess Cost”

as referred herein shall mean cost at which alternative arrangements shall be providing the undelivered goods and/ or services of

equivalent specification to the TSTS under this project minus the cost on which the Vendor

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deducting the penalty if applicable agreed to provide the undelivered goods and/or services under this project. Provided further that the Vendor shall not be liable to Excess Cost in excess of (ten) 10 percent of the price of undelivered goods or services for which such option is exercised by TSTS.

However, the Vendor shall continue

performance of the contract to the extent not terminated. TSTS would make the eligible payment for the services rendered by the service provider till the date of such termination after deducting the penalty if applicable

30. 78 9.28 Termination for convenience

TSTS, May at any time by giving 30 days written notice to the Vendor, terminate the Contract, in whole or in part, for its convenience. The notice of termination shall specify that

termination

is for the TSTS’s convenience, the extent to which performance of the SERVICE PROVIDER under the Contract is terminated, and the date upon which such termination becomes effective.

TSTS Either parties , May at any time by giving 30 90 days written notice to the Vendor, terminate the Contract, in whole or in part, for its convenience. The notice of termination shall specify that termination is for the TSTS’s convenience, the extent to which performance of the SERVICE PROVIDER under the Contract is terminated, and the date upon which such termination becomes effective.

In the event of termination by TSTS, Bidder shall be paid for the:

1. Goods delivered;

2. Services rendered;

3. Work in progress;

4. Unpaid AMCs/ Services;

5. Third party orders in pipeline which cannot be cancelled despite Bidder's best efforts;

6. Unrecovered investments till the date of termination.

31. 79 9.33 Taxes and

duties

The vendor shall be entirely

responsible for all taxes, GST, duties, license fee Octroi, road permits etc.

incurred until delivery of the contracted Goods/services at the site of the user or as per the terms of tender document if specifically mentioned. However, any

The vendor shall be entirely responsible for all taxes, GST, duties, license fee Octroi, road permits etc. incurred until delivery of the contracted Goods/services at the site of the user or as per the terms of tender document if specifically mentioned. However, any new taxes introduced by GoI / GoTS during validity

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new taxes introduced by GoI / GoTS during validity of the contract it will be applicable to both parties (i.e.

Supplier/Purchaser).

of the contract it will be applicable to both parties (i.e. Supplier/Purchaser). Any increase or decrease in the rates of the applicable taxes, duties or any new levy on account of changes in law shall be to the account of TSTS.

32. 79 9.35 (f) Employees 1. Promptly on reasonable request at any time during the exit management period, the Successful Bidder shall, subject to applicable laws, restraints and regulations (including

those relating to privacy) provide to TSTS/ ITE&C Dept. a list of all employees (with job titles and communication address) of the Successful Bidder, dedicated to providing the services at the commencement of the exit management period;

2. To the extent that any Transfer Regulation does not apply to any employee of the Service Provider, TSTS or Replacement Successful Bidder may make an offer of

employment or contract for services to such employee of the Successful Bidder and the Successful Bidder shall not enforce or impose any contractual provision that would prevent any such employee from being hired by TSTS or any Replacement Service Provider.

1. Promptly on reasonable request at any time during the exit management period, the Successful Bidder shall, subject to applicable laws, restraints and regulations (including those relating to privacy) provide to TSTS/

ITE&C Dept. a list of all employees (with job titles and communication address) of the Successful Bidder, dedicated to providing the services at the commencement of the exit management period;

2. To the extent that any Transfer Regulation does not apply to any employee of the Service Provider, TSTS or Replacement Successful Bidder may make an offer of employment or contract for services to such employee of the Successful Bidder and the Successful Bidder shall not enforce or impose any contractual provision that would prevent any such employee from being hired by TSTS or any Replacement Service Provider.

33. 84 9.39 Liquidated Damages for Absence / non- availability of the manpower at site

In case of any delay in deployment/

absence of the desired manpower and non- replacement of resource as per the tender requirements, penalty will be levied on the FM & MS service provider @ 1.5 times of the manpower cost on daily basis on the proposed cost per each resource. Manpower

In case of any delay in deployment/ absence of the desired manpower and non- replacement of resource as per the tender requirements, penalty will be levied on the FM & MS service provider @ 1.5 0.25% times of the manpower cost on daily basis monthly on the proposed cost per each resource. Manpower attendance should be submitted to TSTS and TPA on

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No. No.

attendance should be submitted to TSTS and TPA on monthly basis

monthly basis

34. 87 Section 10 Bill of Material Checkpoint Equipment Require Account ID/MAC ID/Previous Licenses Certificate to generate and enable support with OEM

Details already available in RFP at Section 10.

35. 88 Section 10 Bill of Material McAfee Require Grant Number to enable support As per RFP BOM not available.

36. 88 Section 10 Bill of Material Trend Micro Require Previous License Certificate Details already available in RFP at Section 10.

37. 88 Section 10 Bill of Material For All IT Assets (Software) Require License Certificate, CSI No., Contract ID etc. to generate and enable support with OEM

As per RFP BOM not available.

38. 88 Section 10 Bill of Material Exadata Require Serial Number, CSI No. to generate and enable support with OEM

Details already available in RFP at Section 10

39. 90 Section 10 Bill of Material RSA Require Previous License Certificate As per RFP BOM not

available.

40. 90 Section 10 Bill of Material Lenovo Require MTM (Machine Type-Model No.)

Details

Details already available in RFP at Section 10.

41. 100 Form-P10 Declaration for Back to Back OEM Warranty

we will submit the back-to-back OEM warranty/ AMC

agreement from HP, Dell, Lenovo, Cisco, Netapp, Radware, VMware, Nutranix and Checkpoint for this RFP to TSTS within 30 days for the contract signing. Failing which, we have agreed that TSTS shall impose 2% penalty of Contract value on weekly basis without any cap on the QGR until the

submission of OEM support contract specifically against this tender. I further certify that I am competent officer in my company to make this declaration.

we will submit the back-to-back OEM warranty/

AMC

agreement from HP, Dell, Lenovo, Cisco, Netapp, Radware, VMware, Nutranix and Checkpoint for this RFP to TSTS within 30 days for the contract signing. Failing which, we have agreed that TSTS shall impose 2%

penalty of Contract value on weekly basis without any cap on the QGR until the submission of OEM support contract

specifically against this tender. I further certify that I am competent officer in my company to make this declaration.

42. NA NA Limitation of

Liability

Clause not present in RFP (Request addition)

Notwithstanding anything to the contrary elsewhere contained in this or any other contract between the parties, neither party shall, in any event, be liable for

(1) any indirect, special, punitive, exemplary, speculative or consequential damages,

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Page 15of 24

No. No.

including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages;

(or)

(2) damages relating to any claim that arose more than one year before institution of adversarial proceedings thereon.

Subject to the above and notwithstanding anything to the contrary elsewhere contained herein, the maximum aggregate liability of bidder for all claims under or in relation to this Agreement, shall be, regardless of the form of claim(s), shall be limited to contract value.

43. NA NA Variance in

Minimum Wages

Clause not present in RFP Service Provider undertakes that it is compliant to State minimum wages act at the time of execution of the Agreement and the

commercials are accordingly factored. In the event there is a change to the State minimum wages act or if the Customer wants the Service Provider to comply to some other minimum wages act including but not limited to Central minimum wages act or the existing minimum wages act is repealed by another act, then in such cases, Customer will support Service provider with change request for additional cost incurred by Service Provider for complying to new minimum wages. Service provider will not ask for Change request for any changes that is within 8% increase year on year from the State minimum wages as on the date of contract sign off.

44. NA NA Arbitration Clause not present in RFP If the dispute cannot be settled by mutual discussions within the thirty (30) day period, either party may refer the matter to a panel of three arbitrators. Each party shall choose one arbitrator, both of whom shall elect the third

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Page 16of 24

No. No.

arbitrator who shall be the presiding arbitrator.

The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996 or any of its subsequent amendments. The arbitration proceedings shall be in English and the venue of arbitration shall be Bangalore, India.

45. NA NA Risk and Title Clause not present in RFP The risk, title and ownership of the products shall be transferred to the customer upon delivery of such products to the customer

46. NA NA Pass through

Warranties

Clause not present in RFP Since Bidder is acting as a reseller of third products, Bidder shall “pass-through” any and all warranties and indemnities received from the manufacturer or licensor of the products and, to the extent, granted by such

manufacturer or licensor, the Customer shall be the beneficiary of such manufacturer’s or licensor’s warranties and indemnities. Further, it is clarified that Bidder shall not provide any additional warranties and indemnities with respect such products.

47. NA NA SNR(Site not

Ready)

Clause not present in RFP Customer hereby agrees to make the site ready as per the agreed specifications, within the agreed timelines. Customer agrees that bidder shall not be in any manner be liable for any delay arising out of Customer's failure to make the site ready within the stipulated period, including but not limited to levy of liquidated damages for any delay in performance of Services under the terms of this Agreement. In case the SITE is not ready for a continuous period of 30 days, milestone payment related to installation will be released to vendor based on the SNR report, also if there is any additional warranty cost due to continuous site not readiness for 30 days, same will be borne by the customer

48. NA NA Saving Clause Clause not present in RFP Bidder's failure to perform its contractual responsibilities, to perform the services, or to

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No. No.

meet agreed service levels shall be excused if and to the extent Bidder performance is effected, delayed or causes non-performance due to Customer's omissions or actions whatsoever.

49. NA NA Deemed

Acceptance

Clause not present in RFP Services and/or deliverables shall be deemed to be fully and finally accepted by Customer in the event when Customer has not submitted its acceptance or rejection response in writing to Bidder within 15 days from the date of installation/commissioning or when Customer uses the Deliverable in its business, whichever occurs earlier. Parties agree that Bidder shall have 15 days time to correct in case of any rejection by Customer.

50. NA NA Right to

terminate for non-payment

Clause not present in RFP Vendor shall have the right to terminate the agreement in case any undisputed invoices are unpaid for a period more than 60 days from submission.

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Page 18of 24 Revisied PQ Forms

Form-P3 – Bidder’s experience

Place: _______________________

Date: Bidder’s signature and seal

The bidder should have commissioned and installed at least Three Data Centers in the last ten (10) years as on 31/03/2019.

Note: Bidder’s in-house data centers shall not be considered

Note: Submit Work order/ Contract Extract/ Certificate by the Company Secretary of the bidder indicating the scope of Work. The Bidder shall submit a self-declaration for successful completion for the project.

Do not submit more than 3 project experiences, if more than 3 project experiences are submitted, only the first 3 project experiences would be considered for evaluation.

Details Description

Name of the Project Project Start Date Project End Date

Name of the City/State (Client) Address of the client

Contact details of the client with Phone no and mail- ID

Scope of Work of the Project

Work order/ contract extract/ Certificate by the Company Secretary of the bidder and self- declaration submitted.

Yes/ No

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Page 19of 24 Place:

Date:

Bidder’s signature and seal The bidder must have experience in providing Facility Management & Maintenance Services in at least Three SDC (Tier II/Tier III / Tier IV) Data Center of Central Government Department/ State Government Department/ PSU/ Govt during in the last ten (10) years as on 31/03/2019, where FMS should be provided for 3 consecutive years.

Note: SubmitWork order/ Contract Extract/ Certificate by the Company Secretary of the bidder indicating the scope of Work. The Bidder shall submit a self-declaration for successful completion for the project.Do not submit more than 3 project experiences, if more than 3 project experiences are submitted, only the first 3 project experiences would be considered for evaluation.

Yes/ No

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Page 20of 24 The bidder must have prior experience in implementation of Operations and Maintenance of Data Center for Central Government Department/ State Government Department/ PSU/ Govt. Undertakings having the project/ contract value during last 5 financial years i.e.(2014-15, 2015-16, 2016-17, 2017-18, 2018-19).

Note: Submit Work order/ Contract Extract indicating the scope of work along with the Data Center certification details. The Bidder shall submit a self-declaration for successful completion/ work in progress for the project.

S.No Project Name & Details Year Project/ contract value

Place: _______________________

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Page 21of 24 Form-P7 – Manufacturer Authorization (Required for the following OEMs – HP, Dell, Lenovo, Cisco, Netapp, Radware, Fortigate, on respective OEM letter heads)

The authorization may be in the form of a letter, memorandum or certificate regularly granted by the manufacturer to its channel partners, authorized solution providers, system integrators, distributors, etc. or a specific letter issued for Company Name ________________________ Tender Ref.

TSTS/IIP/189/TSDC-FM&MS-REFLOAT/2020 Dated______.purposes of this tender. Such communication should include statements / undertakings from the said manufacturer to the following effect.

a. The said bidder is authorized to submit quotes and negotiate the manufacturer’s products and services on behalf of the manufacturer.

b. Warranty & Support in respect of the goods and services manufactured by the said manufacturer shall be honored by that manufacturer.

Note:

1. The letter should be signed by an Authorized person of the manufacturer.

2. The authorization letters must be on the OEM letter heads.

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Page 22of 24 To,

The Managing Director

Telangana State Technology Services Limited, 2^nd Floor, HACA Bhavan, Opp. Assembly, Nampally, Hyderabad, Telangana, 500004, India

Sir,

We, M/s ______________ (Name of the Bidder) having registered office at ________________

have carefully gone through the Terms & Conditions contained in the RFP Document ( Tender Ref.

No. TSTS/IIP/189/TSDC-FM&MS-REFLOAT/2020) and confirmed that, we will submit the back-to- back OEM warranty/ AMC agreement from HP, Dell, Lenovo, Cisco, Netapp, Radware, and Checkpoint for this RFP to TSTS within 30 days for the contract signing. Failing which, we have agreed that TSTS shall impose 2% penalty of Contract value on weekly basis without any cap on the QGR until the submission of OEM support contract specifically against this tender. I further certify that I am competent officer in my company to make this declaration.

Yours faithfully,

(Signature of the Bidder) Printed Name

Designation Seal

Date:

Business Address:

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Page 23of 24 Form-T1

Place: _______________________

Bidders experience in commissioning and installation of Tier II/ Tier III / Tier IV Data Center in the last ten (10) years as on 31/03/2019.

Note: Submit Work order/ Contract Extract/ Certificate by the Company Secretary of the bidder indicating the scope of Work along with the Data Center certification details. The Bidder shall submit a self-declaration for successful completion/ work in progress for the project.

Yes/ No

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Page 24of 24 Form-T2

Place: _______________________

The bidder must have experience in providing Facility Management & Maintenance Services in Tier II/Tier III / Tier IV) Data Center of Central Government Department/ State Government Department/ PSU/ Govt during in the last ten (10) years as on 31/03/2019.

Note: Submit Work order/ Contract Extract indicating the scope of work along with the Data Center certification details. The Bidder shall submit a self-declaration for successful completion/ work in progress for the project.

Work order/ contract extract and self-declaration

submitted. Yes/ No