Tender - Part-II-Rack - and - PDU CRIS
Tender - Part-II-Rack - and - PDU CRIS
Tender - Part-II-Rack - and - PDU CRIS
1.2 Bidders are advised to inspect the site to assess the existing setup to make suitable
arrangement for delivery the material at site.
1.3 Bidder/Firm/Company/Concern who has been banned by the Central Government
Department / State Govt. / PSU / DGS&D to do business with government departments
will not be eligible to participate in the tender. The declaration should be given by the
bidder in this regard in the Proforma attached as Annexure - 3.
1.4 As per CRIS I&S policy Non-Disclosure Agreement (NDA) for confidentiality has to be
signed by successful bidder before execution of any work with CRIS, format of NDA is
enclosed at Annexure -5.
1.5 Compliance to Insertion of Rule 144 (xi) in the General Financial Rules (GFRs), 2017 or
Latest
1.5.1 Bidders will submit the certificate for Compliance as per Annexure-12 and Para-34 &
Para-35 of the EGCC of the CRIS which is available on IREPS website in Public
Document Goods and Services, along with their Bid/Offer attached with tender
document, Proforma attached as Annexure - 2.
1.5.2 Bidders may please note that in the event of acceptance of their bid for the compliance
given by them and if the same is found to be false at any stage, the false certificate would
be a ground for immediate termination of contract and further legal action in accordance
with the law.
2.0 COMPLIANCE to MAKE-IN-INDIA POLICY
As per latest circular for Make in India dated 04.06.2020, Following shall be applicable:
2.1 Only ‘Class-I local supplier’ and Class-II local supplier’, as defined under the order No.-
P-45021/2/2017-PP (BE-II) dt. 4th June 2020 issued by Ministry of Commerce and
Industry and reiterated by Railway Board Order No.- 2020/RS (G)/779/2 dt. 12.06.2020,
shall be eligible to bid in this tender. Subsequent OM No. P-45021 dt. 21.06.2017, PP-
Signature Not (BE-II) (E-1588) dt. July 27, 2020, OM No. P-45021/130/2020-PP(BE-II) (E-435185) dt.
Verified
Digitally signed by
PRAKASH CHANDRA Signature of Bidder
Date: 2023.04.13
17:58:26 IST
Page 1 of 19
Reason: IREPS-CRIS
Location: New Delhi
July 9, 2020, OM No. P-45021/102/2019-BE/II/Part(1)(E-50310) dt. March 4, 2021 of Ministry
of Commerce and Industry or Latest shall also be applicable.
2.2 ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content equal to or more than 50%, as defined in the aforesaid
order.
2.3 ‘Class-II local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content more than 20% but less than 50%, as defined in the
aforesaid order.
2.4 ‘Non local supplier’ means a supplier or service provider, whose goods, services or works offered
for procurement, has local content less than or equal to or 20%, as defined in the aforesaid order.
Any offer submitted entity shall not be considered and summarily rejected.
2.5 The margin of Purchase Preference to ‘Class-I local supplier’ shall be 20%, ‘Class-II local
supplier’, ‘Non local supplier’ shall not be eligible for any purchase preference in this tender.
a) The Subject tender is not divisible in nature and the ‘Class-I local supplier’ shall get purchase
preference over ‘Class-II local supplier’ as well as ‘Non local supplier’. Class-II local
supplier’ will not get any purchase preference.
b) The procedure to be followed in this tender shall be as per Para 3 A (c) of the aforesaid order.
2.6 Verification of local content: - As per Ministry of Commerce letter No. P-45021/2/2017-PP(BE-
11) dated 4th June, 2020 and circulated by Railway Board vide letter no 2020/RS(G)/779/2 dated
12.06.2020, the bidders are required to furnish required certificate as defined in Para-9 of the
Railway Board Order No.- 2020/RS (G)/779/2 dated 12.06.2020 is mandatory.
3.0 SAFETY & INDUSTRIAL / LABOUR LAWS
3.1 The successful bidder shall comply with the provision of all laws including Labor laws, rules,
regulations and notifications issued there under from time to time. All safety and labor laws
enforced by statutory agencies and by CRIS shall be applicable in the performance of this
Contract and the Contractor shall abide by these laws.
3.2 The Successful bidder shall ensure regular and effective supervision / control of the personnel
deployed by him and gives suitable direction for undertaking the contractual obligations.
3.3 The Successful bidder shall take all necessary measures to protect the personnel, work and
facilities and shall observe all reasonable safety rules and instructions. CRIS shall not be
responsible for any mishap in any way that may occur during execution of work.
4.0 STANDARD and SPECIFICATIONS
4.1 All works to be carried out in accordance with relevant Indian Standards and as per Indian
Electricity rule as amended.
4.2 All equipment / components supplied under the Contract shall have proven reliability and shall be
designed, manufactured and installed to meet the specified and / or relevant international or
national standards.
5.0 EVALUTION & ACCEPTANCE OF OFFERS
5.1 Final selection will be made on the basis of overall lowest cost in the ‘Schedule A’ from amongst
the eligible bidders, meeting the qualifying criteria. For the purpose of relative commercial
ranking of offers, all inclusive price for entire scope of the project and offered prices shall be
considered. CRIS reserve the right of selecting or rejecting any bid without assigning any reason.
6.0 SCHEME OF WORK
Signature of Bidder
Page 2 of 19
6.1 The planning shall be finalized in consultation with CRIS and got approved in writing before
commencement of the work. The successful bidder shall be responsible for the execution of the
work in full compliance with approved designs and drawings without any disturbance or
interruption to the services run by CRIS.
7.0 COMPLETENESS OF WORK
7.1 The bidder should be a total solution provider and shall cover the total scope of the Contract. The
bidder shall ensure availability of all technical expertise, manpower resources, availability of
spare parts, logistics support etc. and all the expenses incurred for the same will be borne by the
bidder.
7.2 Completeness of the EQUIPMENT/SERVICES shall also be the responsibility of the bidder. Any
equipment, fittings and accessories which may not be specifically mentioned in the specifications,
but which are usual or necessary for the satisfactory functioning of the equipment (successful
operation and functioning of the EQUIPMENT being bidder’s responsibility) shall be provided
by bidder without any extra cost.
7.3 Bidder must identify a senior level Manager for entire project execution, management and regular
liaison / discussions with CRIS.
8.0 PERIOD OF COMPLETION
8.1 The completion period for the work of supply of Server / Network Rack and metered PDU is
Ninety (90) days from the date of issue of the acceptance letter. Time is the essence of this contract.
The Successful bidder will be required to maintain steady and regular progress to the satisfaction
of the Engineer to ensure that the work is complete in all respects within the stipulated time.
9.0 QUALITY OF MATERIALS AND ERECTION
9.1 All materials used in the work shall be of the good quality & of reputed make confirming to
relevant standards for the purpose specified.
9.2 All work / services carried out shall also be of the best quality acceptable to the CRIS nominated
officer, who shall have the power to reject any material or order for removal of any work done
which in his opinion is faulty or insecure and the successful bidder shall replace the same to the
satisfaction of CRIS.
10.0 INSPECTION AND FINAL ACCEPTANCE
10.1 The successful bidder will be required to furnish such facilities as will be necessary for inspection
of equipment’s before dispatch at his or his associate works/godown/warehouse required for
acceptance. The successful bidder will give sufficient notice regarding the date proposed for
inspection by the inspecting officer of CRIS.
10.2 When the successful bidder completes the work, bidder will offer material/equipment for CRIS
inspection and testing of the material / equipment. Test results shall be recorded and installation
accepted only after CRIS is satisfied about its compliance with the requirements of the technical
specifications.
10.3 The successful bidder shall furnish requisite copies in English language of technical documents,
final drawings if any, preservation instructions, operation and maintenance manuals, test
certificates, spare parts catalogues etc. as necessary to CRIS.
11.0 TOOLS AND SPARES
11.1 The successful bidder shall make his own arrangements for necessary tools and equipment’s not
only during the period of commissioning and testing stage but also during transportation &
handling of various materials / equipment’s covered under this contract. However, electricity
Signature of Bidder
Page 3 of 19
needed for installation, testing and commissioning of equipment will be provided by the CRIS
and no extra charges will be levied.
12.0 DEVIATION
12.1 Deviations from any clauses of the tender papers shall be clearly brought out by the bidder at the
time of submission in his tender offer. Clauses not so commented upon shall be deemed to have
the acceptance of the bidder and shall therefore, be binding on him.
13.0 LIQUIDATED DAMAGES As per CRIS GCC/EGCC
14.0 MODIFICATION
14.1 The Engineer on behalf of the CRIS shall be entitled by order in writing to enlarge or diminish or
reduce the work or make any alteration in their design, character position, site, quantities,
dimensions or in the method of their execution or in the combination and use of material for the
execution thereof or order any additional works to be done or any work not be done and the
successful bidder will not be entitled to any compensation for any increase / reduction in the
quantities of works but will be paid for the actual amount of work done and for approved
materials supplied against a specific order.
15.0 EMERGENCY WORKS
15.1 In the event of any accident or failure occurring in or about the work or arising out of or in
connection with the construction, completion or maintenance of the work which in the opinion of
the Engineer require immediate attention the CRIS may be its own workmen or other agency
execute or partly execute the necessary work or carryout repairs if the Engineer considers that
the successful bidder is not in a position to do so in time and charge the cost thereof, as to be
determined by the CRIS, to the successful bidder.
15.2 Replacement work will be taken up preferably on holidays only.
16.0 NIGHT WORK
16.1 If the Engineer is satisfied that the work is not likely to be completed in time except by resorting
to night work, he may order the successful bidder to carry out the works even at night without
conferring any right on the successful bidder for claiming any extra payment for the same.
16.2 No claim for idle labor and or idle machinery etc., on any account will be entertained. Similarly,
no claim shall be entertained for business or any loss.
17.0 REPAIRS
17.1 Any damages to walls, doors, equipment’s, painting or any other items belonging to CRIS during
handling and installation shall be set right or repaired to the satisfaction of the CRIS. All
structural frameworks for support of various items of equipment shall be given the final coat of
paints of approved make and colour after the work is completed.
18.0 DISPOSAL OF SURPLUS EXCAVATED MATERIALS
18.1 The successful bidder shall at all times keep the site free from all surplus materials and trash,
which may arise from the works and should dispose of the same as ordered by the Engineer,
failing which it will be done at the cost of the successful bidder and cost will be deducted from
his dues.
18.2 The successful bidder shall leave the site in a clean and tidy condition.
18.3 The successful bidder shall be entirely responsible for all works executed by him until it is finally
taken over by CRIS and he will be liable to make good any damages or loss which may occur to
Signature of Bidder
Page 4 of 19
such work by inclemency of weather, floods etc or due to any other act of God until the work is
taken over.
19.0 PRICES
19.1 Prices shall be written both in words and figures. Prices indicated by the bidder in the tender shall
be firm and fixed. No cost escalation will be allowed on any account.
19.2 The prices shall include Goods and Services Tax (GST).
19.3 Arithmetical errors will be rectified as follows –
19.3.1 In case of discrepancy between unit price in figures and words, the amount stated in words will be
taken as correct.
19.3.2 If there is a discrepancy between the unit price and the total price that is obtained by multiplying
units, the unit price will prevail.
19.3.3 In case of discrepancy between grand total obtained by adding individual items & the grand total
stated, the grand total will be recalculated and the same shall prevail.
19.3.4 In case of discrepancy between the grand total price in figures and words, the grand total will be
recalculated by adding individual items and the same will prevail.
19.3.5 In case of discrepancy between amounts stated in the summary sheet & detailed price bid sheet/s,
the amount stated in detailed price sheets will prevail.
19.3.6 The Price Bid will be treated as inconsistent & non-responsive, in case if more than one type of
discrepancy is observed in the Price Bid. Such price bid/s will be rejected summarily and
considered as intentional misrepresentation and the EMD will be forfeited.
19.4 All rates should be in Indian Rupees.
20.0 QUANTITY OF EQUIPMENT
20.1 The quantity of offered equipment / material may increase or decrease during the currency of the
contract for which charges will be paid as per the rate in Schedule.
21.0 PAYMENT TERMS
21.1 The successful bidder shall submit Performance Bank Guarantee (PBG) as per eGCC, within 21
days from the date of issue of LOA. The validity of PBG should be 3 months beyond the last date
of warranty period from the date of completion and handing over.
21.2 80% of the value of the item of Schedule ‘A’ actually supplied shall be paid on receipt of the
same by consignee in good conditions and upon furnishing the following documents:
i) Certificate of receipt of complete equipment in good conditions by the consignees.
ii) Equipment Inspection certificate by CRIS or its representative.
iii) Confirmation of the validity of PBG of 3% of the value of contract for a period up to 3
months beyond the last date of warranty period from the date of completion and handing
over.
21.3 Balance 20% shall be paid after successful installation, testing, commissioning and handing over
of work to the satisfaction of the consignee. The payment will be made after furnishing the
following documents:
i) Final Certificate of successful commissioning and completion of work by the consignee.
21.4 The bills for payment shall be consigned to Dy. Mgr./Elect.
Signature of Bidder
Page 5 of 19
21.5 Income tax shall be deducted from payment under extent rules and requisite TDS certificate shall
be issued on demand.
22.0 PERFORMANCE CUM WARRANTY GUARANTEE BOND
22.1 The successful bidder shall warranty the offered Server / Network Rack and metered PDU for
satisfactory performance for a period not less than 36 months from the date of handing over after
successful commissioning against all defects arising out of faulty design, poor workmanship or
supply of defective or substandard materials. The successful bidder should make good all defects
free of cost during the warranty period and replace in accordance with the maintenance
instructions and schedules the defective equipment and parts of such equipment promptly and
satisfactorily.
22.2 The warranty shall specially cover the following: -
22.2.1 Quality, strength and performance of the materials and equipment used.
22.2.2 Safe electrical and mechanical stresses, on all parts of the equipment under all specified
conditions of operation.
22.2.3 Performance figures and other values to be in conformity with the warranty technical particulars.
22.2.4 Prompt service during warranty period for replacement and breakdowns.
22.2.5 Attending to consequential damages to consignment of material supplied and installed due to
defective workmanship, material design etc, in any part from manufacturer’s work.
22.2.6 During this period the successful bidder shall keep available with him an experienced engineer
and necessary equipment to promptly attend to any defect as and when required.
23.0 TERMINATION OF CONTRACT
23.1 The successful bidder shall perform the services and carry out its obligations under the contract
with due diligence and efficiency, in accordance with generally accepted techniques and practices
used in the industry and with professional engineering and standards recognized by national
/international professional bodies. If the performance of the successful bidder is found
unsatisfactory by CRIS, contract can be terminated by giving one month notice.
*****
Signature of Bidder
Page 6 of 19
PART-II
TECHNICAL SPECIFICATION
Signature of Bidder
Page 7 of 19
The CRIS remains open and is working on Saturdays, Sundays and Holidays i.e. 24x7 basis.
2.1 RESPONSE TIME
Response Time is the total time taken by the Successful bidder between registering the
complaint at Help Desk or through telephone / e-mail. Successful bidder shall be in
positioned to reach the site within 4 hours on receipt of the call
2.2 RESOLUTION TIME-
Resolution Time is the total time taken by the Successful bidder between registering the
complaint at Help Desk or through telephone / e-mail and rectifying the fault. This time
includes time taken to reach the site, diagnose, repair / replace the faulty components /
module / device etc. The complaint shall be rectify within 24 hours after receipt of call.
2.3 Penalty
Penalty will be calculated as: -
Sr. Description Unit Rate
a. Response time beyond 4 hrs. on receipt of Per Hour 0.02% of Total Cost
the breakdown call.
b. Rectification time beyond 24 hrs. on Per Hour 0.05% of Total Cost
receipt of the breakdown call.
2.3.1 The penalty will be imposed for delay in rectification / non performance of equipment. The
rate of penalty will be as mentioned above. The total cost for the purpose of penalty
calculation will be “Total Cost” of respective equipment (i.e. Server / Network Rack and
metered PDU) during the warranty period.
2.3.2 The penalty will be imposed subject to a maximum of 10% of the total cost as mentioned
above in Para-2.3.1.
2.3.3 The penalty shall be levied, not by way of penalty but as liquidated damages.
3.0 Technical Compliance of Specification for Server / Network Rack and Metered PUD (To be
shared on OEM Letter Head):
Sr. Description Complied
(Yes/No)
1.0 Server / Network Rack
1.1 42U Server Rack should be 600mm (Width) x 1000mm (Depth)
and 42U Network Rack should be 800mm (Width) x 1000mm
(Depth).
1.2 Rack Frame should be robust and made of welded steel frame that
offers strong and sturdy support for installation of 19" equipment
and accessories. Rack Frame made of Multi Folded Steel Profile
and connected with Horizontal Profiles for Width and Depth.
Depth support channel with adjustable mounting slots.
1.3 Top and bottom Panel with ventilation and cable entry facility with
Brush Panel on both side.
1.4 The 19” mounting angles should be provided 2 Nos. on front and
rear side of the Rack. It should be adjustable full depth. 19”
Mounting Angles made up of Formed Steel 2mm Thickness with
punched 10mm square holes and universal 12.7mm - 15.875mm
Alternating holes format offers for better mounting flexibility and
Signature of Bidder
Page 8 of 19
Sr. Description Complied
(Yes/No)
maximizes usable mounting space.
1.5 Unique U identification notch and U numbering should be
provided on the 19" mounting rails such that these unique numbers
are visible after mounting of the equipment also.
1.6 Each rack should have provision for installation of two PDU to be
connected to the two different UPS sources individually.
1.7 Each rack should have provision for horizontal cable manager,
ground cable with necessary hardware for fixing the ground cable
on the ends. The inner space in these cable managers should be
provided with combination of fiber management Spools and Metal
Hoops.
1.8 Side Panel shall be covered with steel panels with IS 513 Grade D
standard and it should be tool less installable. The side panels
should be easily detachable with slam lock and it should have
stiffener to provide stiffness.
1.9 Front and Rear doors should be perforated and both front and rear
doors should be at least 65% perforated (Holes).
1.10 Perforated Single Front Door will be Lockable and CAM Lock &
Key should be provided.
1.11 Perforated Dual Rear Door will be Lockable and 3 Point Lock
should be provided.
1.12 Rack should be Castor wheels 4 Nos. (i.e. 2 front wheels with
brake and 2 rear without brake) with adjustable levelers.
1.13 Minimum load bearing capacity supported by castors should be
static load of at least 750 Kg. and minimum load capacity
supported by base frame / levelers should be static load of at least
1350 Kg.
1.14 Rack shall be powder coated with 7 Tank pre-treatment process
meeting ASTM standards. The Powder coating process shall be
ROHS compliant. Powder coating thickness shall be 80 to 100
microns. The color of the powder coat shall be Black.
1.15 100% assured compatibility with all equipment conforming to DIN
41494 / EIA 310-D standard (General industrial standard for
equipment).
1.16 UL Certified or ISO 9001 and 14001
2.0 Metered Rack PDU
2.1 The vertical metered PDU suitable for 42U Rack should provide a
comprehensive view of critical IT equipment power usage, both at
the rack and via remote access and physical access
2.2 The PDUs should be 32A single-phase with IEC industrial plugs.
PDU should have minimum of 24 Nos. of C13 and 6 Nos. C19
socket with IEC 309 input power cord.
2.3 All outlets should provide high retention to avoid accidental
dislodging of power cords and should come with grip technology
for locking IEC power cords. The PDU should meet electrical
compliance and should be CE and ROHS Certified
Signature of Bidder
Page 9 of 19
Sr. Description Complied
(Yes/No)
2.4 The PDU should have monitoring, metering and switching
capability at the Socket level and PDU Level. Following
monitoring parameters should be included: -
a. Voltage (V)
b. Current (A)
c. Power factor
d. Active power (W)
e. Apparent power (VA)
f. Energy consumption (kwh)
g. Sequence Outlets to avoid in-rush current, to ensure equipment
starts in correct order
h. Circuit Breaker Status Monitoring
The metering accuracy should be + 1% compliant to ISO / IEC
standard.
2.5 The PDU should have dual Network Ports: 1 x Gigabit Ethernet
(10/100/1000) and 1 x (10/100 Mbps) connection/IP address.
2.6 The PDU should support the ‘Daisy Chain” of minimum 08 units
to reduce network port requirement and ensure continuous flow of
data on network to monitoring tool / BMS / DCIM even a break in
Daisy Chain occurs.
2.7 The PDU should proactively monitor environmental conditions
within the cabinet like Temperature, Humidity etc. along with door
contact (Required sensors to be provided with rack).
2.8 The PDU should be high temperature grade, operating temperature
up to 60°C.
2.9 The PDU should be capable in integrating with SNMP based
DCIM
The PDU must have a Hot-Swappable controller, so that it can be
replaced without powering off the PDU.
2.10 The PDU should have approvals -- CE, ROHS and IEC 61000-6-2
/ 61000-6-4
3.0 Submittals
i). Proposal Submittals (Along with the bid):
1. Product catalog sheets or equipment brochures.
2. Product guide specifications.
3. Installation information including weights and dimensions of
Server / Network Rack.
4. Installation information including operation of Metered PDU.
ii). Delivery Submittals:
1. Installation manual, which includes instructions for storage,
handling, examination, preparation, installation, and start-up of
Metered PDU.
2. User manual, which includes operating instructions.
*****
Signature of Bidder
Page 10 of 19
Annexure - 1
To,
The Managing Director,
CRIS, Chanakyapuri,
New Delhi, Pin- 110021
Dear Sir,
Your faithfully,
(Name)
for & on behalf of M/s
....................................
(Name of Manufactures)
Note:- This letter of authority should be on the Letter-Head of the manufacturing concern
(OEM) and should be signed by a person competent and having the power of attorney to
bind the manufacturer.
Signature of Bidder
Page 11 of 19
Annexure - 2
(Annexure -12 of CRIS e-GCC)
Certificate from Bidder for compliance (to be uploaded/attached along with their
Bid/Offer)
I have read the clause/Para regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such countries.
(a). I certify that M/s _______________________ (Name of Bidder) is not from such a
country and will not sub-contract any work to a contractor from such countries unless
such contractor is registered with the Competent Authority. I also certify that
M/s _______________________ will not offer any products / services of entity from
such countries unless such entity is registered with the Competent Authority.
Or
(b). I certify that M/s _______________________ (Name of Bidder) is not from such a
country and has been registered with the Competent Authority. I also certify that
M/s _______________________ has products/services of entity from such countries and
these entity/entities are also registered with the Competent Authority. I also certify that
M/s _______________________ has sub-contracted some work to a contractor from such
countries and that such contractor registered with the Competent Authority.
I hereby certify that M/s _______________________ (Name of Bidder) fulfills all requirements
in this regard and is eligible to be considered.
I hereby acknowledge that in the event of acceptance of my bid on above certificate and if the
certificate is found to be false at any stage, the false certificate would be a ground for immediate
termination of contract and further legal action in accordance with the Law.
Signature of Bidder
Page 12 of 19
Annexure - 3
DECLARATION REGARDING BLACKLISTING / NON-BLACKLISTING
Bidders may please note that in the event of acceptance of their bid for the compliance given by
them and if the same is found to be false at any stage, the false certificate would be a ground for
immediate termination of contract and further legal action in accordance with the law.
Signature ___________________________
Name ___________________________
Capacity in which Signed: ___________________________
Name & address of the firm: ___________________________
___________________________
Date:
Signature of Bidder with seal.
Signature of Bidder
Page 13 of 19
Annexure - 4
To,
The Managing Director,
Centre For Railway Information Systems
Chanakyapuri,
New Delhi – 110021
Sub: - Tender for supply of 42U Server / Network Rack and Metered Rack PDU for
CRIS Data Centre.
Ref.: - Tender No. 2023_CRIS_ELECT_02, dt. 13/04/2023
Dear Sir,
Having examined the Technical Specifications given in tender document, we are offering
following make & model of Sever / Network Rack and metered PDU, which are compliant to the
Technical Specifications as mentioned in the Tender.
Description
Server / Network Rack Make :
Load Capacity (On Castors) :
Load Capacity (On Levelers) :
Warranty on Server / Network Rack :
32A Single-Phase, Vertical Metered PDU Make :
C13 Socket Quantity :
C19 Socket Quantity :
Warranty on PDU :
We further confirm that there are no deviations and we will execute the work in accordance with
technical specifications, terms and conditions stipulated in Tender Document.
Signature of Bidder
Page 14 of 19
Annexure - 5
Confidentiality / Non-Disclosure Agreement [Format]
THIS NON-DISCLOSURE AGREEMENT is made on dd/mm/yyyy
By and between
Centre for Railway Information Systems incorporated / registered under the Companies
Act,1956/2013/ the societies registration Act,1860 having its registered / corporate office at
Chanakyapuri, New Delhi-21 (hereinafter referred to as “Consignee” which expression shall
unless repugnant to the context or meaning thereof, includes its successors, administrators and
permitted assigns) of the first part.
And
..................... (Name of Bidder) incorporated/registered under the ….….. (Name of the Act)
having its registered/corporate office at ……………… (herein referred to as “Vendor” which
expression shall unless repugnant to the context or meaning thereof, includes its successors,
assigns, administrators, liquidators and receivers) of the second part.
WHEREAS
Vendor is a services organization hired by CRIS for <Scope of work> of CRIS vide
communication No. ………… dated ……....
Both Consignee and Vendor have given their irrevocable consent to fully comply the
aforesaid Guidelines and any amendments thereof without any reservations.
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements
contained herein, the parties agree as follows:
1. Definitions :-
The term “Confidential Information” shall include, without limitation, all information and
materials, furnished by either Party to the other in connection with Work assigned to
Vendor having PO No. .............................................................. including information
transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic
media, and including all proprietary information, customer & prospect lists, trade secrets,
trade names or proposed trade names, methods and procedures of operation, business or
marketing plans, licensed document know-how, ideas, concepts, designs, drawings, flow
charts, diagrams, quality manuals, checklists, guidelines, processes, formulae, source
code materials, specifications, programs, software packages, codes ,Information classified
as Confidential by Consignee and other intellectual property relating to Consignee.
2. Protection of Confidential Information. With respect to any Confidential Information
disclosed to it or to which it has access, Vendor affirms that it shall:
a) Use the Confidential Information as necessary only in connection with scope of Issued
Purchase Order/Work Order and in accordance with the terms and conditions contained
herein;
b) Maintain the Confidential Information in strict confidence and take all reasonable steps to
enforce the confidentiality obligations imposed hereunder, but in no event take less care
with the Confidential Information that the parties take to protect the confidentiality of its
own proprietary and confidential information and that of its other clients;
Signature of Bidder
Page 15 of 19
c) Not to make or retain copy of any details of products and/or services, prototypes,
business, Proposals and any confidential information without written consent from
consignee,
d) Not disclose or in any way assist or permit the disclosure of any Confidential Information
to any other person or entity without the express written consent of the Consignee; and
e) Return to the Consignee, or destroy, at Consignee’s discretion, any and all Confidential
Information disclosed in a printed form or other permanent record, or in any other
tangible form (including without limitation, all copies, notes, extracts, analyses, studies,
summaries, records and reproductions thereof) immediately on (i) expiration or
termination of this agreement, or (ii) the request of consignee therefore.
f) The Vendor shall use only the best possible secure methodology to avoid confidentiality
breach, while handling audit related data or any confidential information for the purpose
of storage, processing, transit or analysis including sharing of information with
consignee.
g) Not to engage or appoint any non-resident/foreigner to undertake any activity related to
Information Security Audit. In case of information security audits for Government/
critical sector organization, only the man power declared to CERT-In shall be deployed to
carry out such audit related activities.
h) Not to discuss with any member of public, media, press, any or any other person about
the nature of arrangement entered between the Vendor and the consignee or the nature of
services to be provided by Vendor to the consignee.
i) Make sure that all the employees and/or consultants engaged to undertake any audit on its
behalf have signed the mandatory non-disclosure agreement.
3. Onus:- Auditor shall have the burden of proving that any disclosure or use inconsistent
with the terms and conditions hereof falls within any of the foregoing exceptions.
4. Permitted disclosure of audit/Project related information:- The Vendor may share
audit /Project information with CERT-In or similar Government entities mandated under
the law as and when called upon to do so by such agencies with prior written information
to the Consignee.
5. Exceptions:- The Confidentiality obligations as enumerated in Article 2 of this
Agreement shall not applying following cases:
a) Which is independently developed by Vendor or lawfully received from another source
free of restriction and without breach of this Agreement; or
b) After it has become generally available to the public without breach of this Agreement by
Vendor; or
c) Which at the time of disclosure to Vendor was known to such party free of restriction and
evidenced by documents in the possession of such party; or
d) Which Consignee agrees in writing is free of such restrictions.
e) Which is received from a third party not subject to the obligation of confidentiality with
respect to such Information;
6. Remedies:- Vendor acknowledges that any actual or threatened disclosure or use of the
Confidential Information by Vendor would be a breach of this agreement and may cause
immediate and irreparable harm to consignee or to its clients; Vendor affirms that
damages from such disclosure or use by it may be impossible to measure accurately; and
injury sustained by Consignee / its clients may be impossible to calculate and compensate
Signature of Bidder
Page 16 of 19
fully. Therefore, Vendor acknowledges that in the event of such a breach, consignee shall
be entitled to specific performance by Vendor of its obligations contained in this
Agreement. In addition, Vendor shall compensate the consignee for the loss or damages
caused to the consignee actual and liquidated damages which may be demanded by
consignee. Liquidated damages not to exceed the Contract value. Moreover, consignee
shall be entitled to recover all costs of litigation including reasonable attorneys’ fees
which it or they may incur in connection with defending its interests and enforcement of
contractual rights arising due to a breach of this agreement by Vendor. All rights and
remedies hereunder are cumulative and in addition to any other rights or remedies under
any applicable law, at equity, or under this Agreement, subject only to any limitations
stated herein.
7. Need to Know:- Vendor shall restrict disclosure of such Confidential Information to its
employees and/or consultants with a need to know (and advise such employees and/or
consultants of the obligations assumed herein), shall use the Confidential Information
only for the purposes set forth in the Agreement, and shall not disclose such Confidential
Information to any affiliates, subsidiaries, associates and/or third party without prior
written approval of the consignee. No information relating to consignee shall be hosted or
taken outside the country in any circumstances.
8. Intellectual Property Rights Protection:- No license to a party, under any trademark,
patent, copyright, design right, mask work protection right, or any other intellectual
property right is either granted or implied by the conveying of Confidential Information
to such party.
9. No Conflict:- The parties represent and warrant that the performance of its obligations
hereunder do not and shall not conflict with any other agreement or obligation of the
respective parties to which they are a party or by which the respective parties are bound.
10. Authority:- The parties represent and warrant that they have all necessary authority and
power to enter into this Agreement and perform their obligations hereunder.
11. Governing Law:- This Agreement shall be interpreted in accordance with and governed
by the substantive and procedural laws of India and the parties hereby consent to the
jurisdiction of Courts and/or Forums situated at New Delhi
12. Entire Agreement:- This Agreement constitutes the entire understanding and agreement
between the parties, and supersedes all previous or contemporaneous agreement or
communications, both oral and written, representations and under standings among the
parties with respect to the subject matter hereof.
13. Amendments:- No amendment, modification and/or discharge of this Agreement shall be
valid or binding on the parties unless made in writing and signed on behalf of each of the
parties by their respective duly authorized officers or representatives.
14. Binding Agreement:- This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and permitted assigns.
15. Severability:- It is the intent of the parties that in case any one or more of the provisions
contained in this Agreement shall be held to be invalid or unenforceable in any respect,
such provision shall be modified to the extent necessary to render it, as modified, valid
Signature of Bidder
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and enforceable under applicable laws, and such invalidity or unenforceability shall not
affect the other provisions of this Agreement.
16. Waiver:- Waiver by either party of a breach of any provision of this Agreement, shall not
be deemed to be waiver of any preceding or succeeding breach of the same or any other
provision hereof.
17. Survival:- Both parties agree that all of their obligations undertaken herein with respect
to Confidential Information received pursuant to this Agreement till the completion of
work order dd/mm/yyyy (Last date of annual maintenance contract), awarded vide Work
Order No. ........................, if awarded annual maintenance contract extended for further
period, than this NDA also stands extended for the extended period or execution of a
definitive agreement between the parties.
18. This Agreement is governed by and shall be construed in accordance with the laws of
India. In the event of dispute arises between the parties in connection with the validity,
interpretation, implementation or alleged breach of any provision of this Agreement, the
parties shall attempt to resolve the dispute in good faith by senior level negotiations. In
case, any such difference or dispute is not amicably resolved within forty-five (45) days
of such referral for negotiations, it shall be resolved through arbitration process, wherein
both the parties will appoint one arbitrator each and the third one will be appointed by the
two arbitrators in accordance with the Arbitration and Conciliation Act, 1996. The venue
of arbitration in India shall be (please choose the venue of dispute resolution as the city)
or where the services are provided. The proceedings of arbitration shall be conducted in
English language and the arbitration award shall be substantiated in writing and binding
on the parties. The arbitration proceedings shall be completed within a period of one
hundred and eighty (180) days from the date of reference of the dispute to arbitration.
WHEREFORE, the parties acknowledge that they have read and understand this Agreement and
voluntarily accept the duties and obligations set forth herein.
CRIS Representative: Vendor/OEM Representative
(With Organization Seal): (With Organization Seal):
Name: Name:
Designation: Designation:
Signature: Signature:
Date: Date:
Witness 1: Witness 2:
Name: Name:
Designation: Designation:
Signature: Signature:
Date: Date:
Signature of Bidder
Page 18 of 19
Annexure - 6
The following check list is intended to help the Tenderers for ensuring the completeness while
submitting the offer. An incomplete offer is liable to be rejected. Tenderers are advised to go
through the tender document carefully and should submit the following documents / items (The
list is indicative only).
CHECK LIST
Sr. Description Submitted /
Not Submitted
1. Document in support of sufficient financial capacity
as per Para-1 in Standard Financial Criteria of
Eligibility Conditions of Part-I.
2. Document in support of proof of technical experience
as per Para-1.1 in Standard Technical Criteria of
Eligibility Conditions of Part-I.
3. Document in support of proof of Company Existence
as per Para-1.2 in Standard Technical Criteria of
Eligibility Conditions of Part-I.
4. Authorization letter/certificate of OEM as per Para-1.3
in Standard Technical Criteria of Eligibility
Conditions of Part-I. Proforma for authority from
OEM's is enclosed at Annexure-1 in Tender Part-II.
5. Declaration in compliance to Para-1.3 of Special
Condition of Contract, Part-II is submitted duly signed
and stamp (Proforma enclosed at Annexure-3 in
Tender Part-II).
6. In compliance to Para-1.5 of Special Condition of
Contract, Part-II Annexure-12 is required to signed
and submit (Performa of Annexure-12 of CRIS e-
GCC is enclosed at Annexure-2 in Tender Part-II).
7. In compliance to Make-In-India clause given in Para-2
a certificate is required to signed and submit as
mentioned in Para-2.6 of Special Condition of
Contract, Tender Part-II.
8. Certificate for compliance of Technical Specifications
in Tender Part-II is required to signed and submit
(Format attached in Annexure-4 in Tender Part-II).
9. Submittals for compliance as per Para-3/i) of
Technical Compliance of Specifications in Tender
Part-II is required to submitted along with the offer.
This list is not exhaustive, other documents as required in tender document should also be
submitted along with the bid.
Signature of Bidder
Page 19 of 19