Information technology division visakhapatnam port trust visakhapatnam
SECTION - VII SPECIAL CONDITIONS OF CONTRACT
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SECTION - VIISPECIAL CONDITIONS OF CONTRACT7.1. PREFACE TO SPECIAL CONDITIONS: Special Conditions of Contract shall be read in conjunction with all the conditions specified in the General Conditions of Contract, SCOPE FOR “ERP SOLUTION”, Instructions to tender read with notice inviting tender and any their documents forming part of this tender where ever context so requires Notwithstanding the sub-divisions of the documents into the separate sections and volumes each part shall be deemed to be supplementary and complementary to each other part and shall be read with and into the contract so far as it may be practicable to do so. Special Conditions of Contract along with General Conditions of Contract, Scope of Work / ERP Solution, Bidding Procedure & Instructions to Bidders shall be final and binding. In case of any discrepancies between various sections of the contract, the following order of preference shall be observed: 1) Scope of Work / ERP Solution 2) Bidding Procedure & Instructions to Bidder 3) Special Conditions of Contract 4) General Conditions of Contract 5) Annexures, Appendixes & Forms Between two documents on the same on issue, the document revised or reissued as of the later date shall prevail. All specifications and other documents shall be interpreted in conformity with the general conditions of the contract as supplemented and/or modified by the special conditions of the contract. Wherever it is mentioned in the contract that the bidder/Consortium shall perform certain work or provide certain services, it is understood that the Consortium shall do so at his cost and the cost of the work or services is included in the Contract price. 7.2. CREDENTIALS OF CONSORTIUM FOR ERP SOLUTION: These have been detailed in mandatory conditions given at Appendix # 2. 7.3. SCOPE OF CONTRACT: 7.3.1 Unless otherwise expressly limited in the Section III of tender document or Scope of the Work, the Consortium’s obligations involve supply of hardware, product, implementation, integration, testing, acceptance, achieving go-live, stabilization and stabilization acceptance of the “ERP SOLUTION”, provision of all the “ERP SOLUTION” components and materials as well as performance of all Services, as tendered in this document, & in accordance with the plans, procedures, specifications, and any other documents specified in the Contract and the Agreed and Finalized Project Plan, at no additional cost. 7.3.2 The Consortium shall, unless specifically excluded in the Contract, perform all such work and / or supply all such items, service materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Go-Live Acceptance and stabilization acceptance of the “ERP SOLUTION” as if such work and / or items and Materials were expressly mentioned in the Contract, at no additional cost. 7.3.3 If a work is transferred from the jurisdiction of the Employer to any Successor, while the Contract is in subsistence, the Contract shall be binding on the Consortium and the Successor in the same manner and take effect in all respects as if the Consortium and the Successor were parties there to from the inception and then corresponding office of the competent authority of the Successor will exercise the same powers and enjoy the same authority as conferred to the Employer under the original Contract entered into and the Project Coordinator so appointed shall have the same powers as envisaged in the Contract. 7.4. CONTRACT DOCUMENTS Subject to Clause 6.1.15, all documents forming part of the Contract (and all parts of these documents) are intended to be correlative, complementary, and mutually explanatory. The Contract shall be read as a whole. 7.5. COMMENCEMENT TIME AND TIME DELAYS: The Consortium shall commence work on the “ERP SOLUTION” System within 14 (fourteen) days from date of award of contract. The Consortium shall thereafter proceed with the supply/ development, installation, implementation and integration of the “ERP SOLUTION” System in accordance with the time schedule specified in the Agreed and Finalized Project Plan. The Consortium shall achieve Go-Live Acceptance /stabilization acceptance of the “ERP SOLUTION” System or Subsystem(s) in accordance with the time schedule specified in the Agreed and Finalized Project Plan, or within such extended time to which the bidder/Consortium shall be entitled under Clause 7.25 and 7.26 7.6. ROLE OF CONSORTIUM: 7.6.1 The Consortium has the overall responsibility of implementing ERP Solution in VPT, VPT as per the Scope mentioned at Section II of this document. 7.6.2 The Consortium is responsible for conducting all the Acceptance Tests for the “ERP SOLUTION” in accordance with Clause 6.16 and 6.17 7.6.3 The Consortium shall be responsible for timely provision of all resources, information, and decision making under its control that are necessary to reach a mutually agreed and Finalized Project Plan as per delivery schedule of scope of work. Failure to provide such resources, information, and decision-making may constitute grounds for termination pursuant to Clause 6.6. 7.6.4 The Consortium shall acquire in its name all permits, approvals, and/or licenses from all local, state, or national government authorities or public service undertakings that are necessary for the performance of the Contract. 7.6.5 The Consortium shall comply with all laws in force in India. The laws will include all national, provincial, municipal, or other laws that affect the performance of the Contract and are binding upon the Consortium. The Consortium shall indemnify and hold harmless VPT from and against any and all liabilities, damages, claims, fines, penalties, and expenses of whatever nature arising or resulting from the violation of such laws by the Consortium or its personnel, but without prejudice to Clause 7.9.1. The Consortium shall not indemnify VPT to the extent that such liability, damage, claims; fines, penalties, and expenses were caused or contributed to by a fault of VPT. 7.6.6 The Consortium shall provide the key personnel namely the Project Leader, Module Leaders, Quality Assurance personnel any Specialist/Analysts required as appropriate, need to have sufficient experience as per clause 7.49 (profile of teams) in terms of relevance and number of years required to implement the “ERP SOLUTION”. Should the profile of any personnel be not acceptable to VPT, VPT will require the Consortium to suitably replace such personnel. They are to be assigned to the project on full time basis. 7.6.7 If for any reason beyond the control of the Consortium, there arises a need to replace any personnel, the Consortium shall provide a replacement person of equivalent or better qualification and experience, subject to the written approval of VPT 7.6.8 Neither the Consortium nor its Personnel shall during the term of this Contract, engage in any business or professional activities in India/ Abroad which would conflict with the activities assigned to them under this Contract 7.6.9 The Consortium is responsible for performing and safely storing, timely and regular backups of its data and Software in accordance with accepted data management principles, except where such responsibility is clearly assigned to VPT elsewhere in the Contract. 7.6.10 The Consortium will have primary responsibility for the successful running and stabilization of the “ERP SOLUTION” in accordance with Clause 7.17 7.6.11 In case project gets delayed due to any reason attributed to Consortium, the annual maintenance contract up to the stabilization acceptance of the project shall remain in the scope of the Consortium & no additional payment shall be done. 7.7. ROLE OF VPT: 7.7.1 VPT shall ensure the availability of all information and/or data to be supplied by VPT to the Consortium. 7.7.2 VPT shall be responsible for timely provision of core team and necessary resources, information, and decision making under its control that are necessary to reach an agreed and Finalized Project Plan. 7.7.3 VPT shall provide the office space and other essential facilities upto 50 persons within its premises for the Consortium’s team in accordance with the Agreed and Finalized Project Plan. 7.7.4 VPT shall be responsible for timely provision of resources, like upto 50 PCs and two laser printers, necessary access, and information for the Installation, Commissioning and Go-Live of the “ERP SOLUTION” as identified in the Agreed and Finalized Project Plan, except where provision of such items is explicitly identified in the Contract as being the responsibility of the Consortium. 7.7.5 Unless otherwise specified in the Contract or agreed upon by VPT and the Consortium, VPT shall provide personnel, to properly carry out Commissioning Go-Live (including successful running and stabilization of the system), at or before the time specified in the Agreed and Finalized Project Plan. 7.7.6 VPT will designate appropriate staff for the training courses to be given by the Consortium and shall Endeavour to make all appropriate logistical arrangements for such training as specified in the CC, the Agreed and Finalized Project Plan, or other parts of the Contract. 7.7.7 The maintenance of existing hardware, which is made available to the vendor, shall be the responsibility of VPT. The bidder has to take care of the hardware supplied by them and all the response times, etc. which should meet the application and response time requirements. The hardware to be supplied by the bidder is to be brand new hardware and the bidder is required to certify that no refurbished and counterfeit components are used in the hardware. In case of failure of hardware during the warranty period, the bidder has to replace the same with a new hardware of similar or higher capacity. 7.8. SUPPLY OF PRODUCT, HARDWARE, SERVICES, IMPLEMENTATION, GO-LIVE AND STABILIZATION: 7.8.1 VPT shall appoint a Project Coordinator and notify the Consortium in writing the name of the Project Coordinator within fourteen (14) days of signing of the Contract. VPT may also from time to time appoint some other person as the Project Coordinator in place of the person previously so appointed and shall give a notice of the name of such other person to the Consortium without delay. The Project Coordinator shall have the authority to represent VPT on all day-to-day matters relating to the “ERP SOLUTION” or arising from the Contract. All notices, instructions, orders, certificates, approvals, and all other communications under the Contract shall be given by the Project Coordinator, except as otherwise provided for in this Contract. All notices, instructions, information, and other communications given by the Consortium to VPT under the Contract shall be given to the Project Coordinator, except as otherwise provided for in this Contract. 7.8.2 The Project Coordinator may at any time delegate/revoke to any person any of the powers, functions, and authorities vested in him or her of which due notice in writing will be given. Failure of the Project Coordinator to reject any part of the “ERP Solution” viz., software modules, Equipment, Materials, workmanship etc., or to disapprove any work or materials shall not prejudice the Employer to reject such software module, Equipment, Materials, workmanship etc., or to disapprove such work or materials and to order re-supply of such software module, Equipment & Materials or to pull down, remove or break up such disapproved work at the cost of the Consortium, provided the Consortium fails to comply with the direction and requirement of the Employer therefore. The decision, opinion, certificates or valuation of the Employer in respect of any matter under this Clause shall be final, binding and conclusive. If the Consortium is dissatisfied by reason of any decision, opinion, direction, certificate or valuation of the Project Coordinator, they shall be entitled to refer the matters to the Employer who shall thereupon confirm, reverse or vary such matters. 7.8.3 The Consortium shall appoint the Consortium’s Representative within fourteen (14) days of the signing of the Contract and shall request VPT in writing to approve the person so appointed. The request must be accompanied by a detailed CV for the nominee, as well as a description of any responsibility other than “ERP SOLUTION” responsibilities the nominee would retain while performing the duties of the Consortium’s Representative. If VPT does not object to the appointment within fourteen (14) days, the Consortium’s Representative shall be deemed to have been approved. If VPT objects to the appointment within fourteen (14) days giving the reason therefore, then the bidder/Consortium shall appoint a replacement within fourteen (14) days of such objection in accordance with this Clause. 7.8.4 The Consortium’s Representative shall have the authority to represent the Consortium on all day-to-day matters relating to the “ERP SOLUTION” or arising from the Contract. The Consortium’s Representative shall give to the Project Coordinator all the Consortium’s notices, instructions, information, and all other communications under the Contract. All notices, instructions, information, and all other communications given by VPT or the Project Coordinator to the Consortium under the Contract shall be given to the Consortium’s Representative in writing or, in its absence, its deputy, except as otherwise provided for in this Contract. The bidder/Consortium shall not revoke the appointment of the Representative. 7.8.5 The Consortium’s Representative and staff are obliged to work closely with VPT’s Project Coordinator and act within their own authority, and abide by directives issued by VPT that are consistent with the terms of the Contract. The Consortium’s Representative is responsible for managing the activities of its personnel. 7.8.6 The Consortium’s Representative may, subject to the written approval of VPT (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions, and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Consortium’s Representative and shall specify the powers, functions, and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy of such a notice has been delivered to VPT and the Project Coordinator. 7.8.7 Any act or exercise by any person of powers, functions and authorities so delegated to him or her in accordance with Clause 7.8.6 shall be deemed to be an act or exercise by the Consortium’s Representative. 7.8.8 VPT by notice to the Consortium may object to any representative or person employed by the Consortium in the execution of the Contract who, in the reasonable opinion of VPT, may have behaved inappropriately, be incompetent, or be negligent. Whereupon the Consortium shall remove such person from work on the “ERP SOLUTION”. 7.8.9 If any representative or person employed by the Consortium is removed in accordance with Clause 7.8.8, the Consortium shall, where required, promptly appoint a replacement. 7.9. PROJECT PLAN: 7.9.1 In close cooperation with VPT and based on the Preliminary Project Plan included in the Consortium’s bid, the bidder/Consortium shall develop a Project Plan encompassing the activities specified in the Contract. 7.9.2 The bidder/Consortium shall formally present to VPT the Project Plan in accordance with the Technical Requirements. The Consortium has to specify the strategy and methodology with time frame and the synchronization of various phases of project to ensure completion of project in time. The project plan shall also include a PERT chart describing the activities, resources required on the time for completion. The plan shall also bring out the critical areas needing continuous attention of VPT. The Agreed & Finalized Project Plan should have the same Go-Live date. 7.9.3 If required, the impact on the Implementation Schedule of modifications agreed during finalization of the Agreed and Finalized Project Plan shall be incorporated in the Contract by amendment, in accordance with Clause 7.47. However, the consortium should ensure go-live within nine months from the date of award of contract. 7.9.4 The Consortium shall undertake to supply, install, implement, integrate, commission and ensure the go-live and stabilization of the System in accordance with the Agreed and Finalized Project Plan and the Contract. 7.9.5 The Progress and other reports specified shall be prepared by the Consortium and submitted to VPT in the format and frequency specified in the Agreed and Finalized Project Plan. 7.9.6 Changes to the Project Plan, if required, shall be made with the mutual consent of VPT and the Consortium. 7.10. DESIGN AND DEVELOPMENT: 7.10.1 Consortium shall execute the basic and detailed design and the implementation activities necessary for successful implementation of the “ERP SOLUTION” in compliance with the provisions of the Contract or where not so specified, in accordance with good industry practice. 7.10.2 The Consortium shall be responsible for any discrepancies, errors or omissions in the specifications, and other technical documents that it has prepared, whether such specifications, drawings, and other documents have been approved by the Project Coordinator or not, provided that such discrepancies, errors, or omissions are not because of inaccurate information furnished in writing to the Consortium by or on behalf of VPT. 7.10.2.1 Approval/Review of Technical Documents by Project Coordinator 7.10.2.2 The Consortium shall prepare and furnish to the Project Coordinator the documents as specified in the Technical Requirements for the Project Coordinator’s approval or review. 7.10.2.3 Within twenty one (21) days after receipt by the Project Coordinator of any document requiring the Project Coordinator’s approval, the Project Coordinator shall either return one copy of the document to the Consortium with its approval endorsed on the document or shall notify the Consortium in writing of its disapproval of the document and the reasons for disapproval and the modifications that the Project Coordinator proposes. 7.10.2.4 If the Project Coordinator disapproves the document, the Consortium shall modify the document and resubmit it for the Project Coordinator’s approval. If the Project Coordinator approves the document subject to modification(s), the Consortium shall make the required modification(s), and the document shall then be deemed to have been approved. The procedure set out in Clauses 7.10.2.2 through 7.10.2.3 shall be repeated, as appropriate, until the Project Coordinator approves such documents. 7.10.2.5 The Project Coordinator’s approval, with or without modification of the document furnished by the bidder, shall not relieve the bidder of any responsibility or liability imposed upon it by any provisions of the Contract except to the extent that any subsequent failure results from inaccurate information furnished in writing to the bidder / Consortium by or on behalf of VPT. The bidder shall not depart from any approved document unless the bidder has first submitted to the Project Coordinator an amended document and obtained the Project Coordinator’s approval of the document, pursuant to the provisions of this Clause 7.10.2. 7.11. PRODUCT UPGRADES: 7.11.1 At any point during performance of the Contract, shall technological advances be introduced by the bidder for subsystems originally offered by the bidder in its bid and still to be delivered, the bidder shall be obligated to offer to VPT the latest versions of the available subsystem having equal or better performance or functionality at the same or lesser unit prices, pursuant to Clause 7.47 (Changes to the “ERP SOLUTION”). 7.11.2 During performance of the Contract, the bidder shall offer to VPT all new versions, releases, and updates of the ERP Modules, as well as related documentation and technical support services, within twenty eight (28) days of their availability from the members of bidder to their other clients in VPT’s Country, and no later than twelve (12) months after they are released in the country of origin. In no case will the prices for this Software exceed those quoted by the bidder in the Price Schedule form in its bid. 7.11.3 During the Performance guarantee/warranty Period, unless otherwise specified in the Attachment to the Conditions of Contract, VPT may require the bidder to provide at no additional cost to VPT all new versions, releases within twenty eight (28) days of their availability from the members of Consortium to their other clients in VPT’s country, and no later than twelve (12) months after they are released in the country of origin of the Software. 7.11.4 VPT may at its discretion introduce all new versions, releases or updates of the Software provided that the new version, release, or update does not adversely affect the “ERP SOLUTION” operation or performance or require extensive reworking of the “ERP SOLUTION”. In cases where the new version, release, or update adversely affects the “ERP SOLUTION” System operation or performance, or requires extensive reworking of the “ERP SOLUTION”, the Consortium shall continue to support and maintain the version or release previously in operation for as long as necessary to allow introduction of the new version, release, or update. In no case shall the Consortium stop supporting or maintaining the version or release of the Software in operation for a period not less than that mentioned in clause 7.19. 7.11.5 No unauthorized code: The Consortium shall not offer/supply any software that VPT is not licensed to use, unless the product is activated by a required license key. The Consortium shall also certify that all their products and updates as supplied to VPT shall be free from viruses, worms, Trojans, spy-ware etc. 7.12. INSPECTION AND TESTS: 7.12.1 VPT or its representative shall after providing the Consortium with reasonable advance written notice, have the right to inspect and/or test any components of the “ERP SOLUTION” System, to confirm their good working order and/or conformity to the Contract at the point of delivery and/or at the Project Site. 7.12.2 Should the inspected or tested components fail to conform to the Contract, VPT may reject the component(s), and the Consortium shall within a period of 14 (fourteen) days either replace the rejected component(s), or make alterations as necessary so that it meets the Contract requirements free of cost to VPT. 7.12.3 Installation of “ERP SOLUTION”: As soon as the “ERP SOLUTION” or any of its subsystem has been delivered and installed in accordance with the Agreed and Finalized Project Plan, the Consortium shall so notify VPT in writing. 7.12.4 The Project Coordinator of VPT shall issue an Installation Certificate, stating that the “ERP SOLUTION” or major component or Subsystem (if Installation Acceptance by major component or Subsystem is specified in the Contract), has achieved Installation by the date of the Consortium’s notice under Clause 7.12.3, or notify the Consortium in writing of any defects and/or deficiencies, including, but not limited to, defects or deficiencies in the interoperability or integration of the various components and/or Subsystems making up the “ERP SOLUTION” . The Consortium shall use all reasonable endeavors to promptly remedy any defect and/or deficiencies that the Project Coordinator has notified the Consortium of. The Consortium shall then promptly carry out retesting of the “ERP SOLUTION” or Subsystem and, notify VPT in writing, in accordance with Clause 7.15.3 when it has rectified the defect and/or deficiencies that the Project Coordinator has notified the Consortium of. 7.13. ACCEPTANCE TESTS: 7.13.1 Conference Room Pilot Tests 7.16.1.1 Conference Room Pilot tests of the “ERP Solution” (or Subsystem if specified in the Contract) shall be carried out to check the fulfillment of functional requirements configured as per accepted business blue print. Plan for carrying out the user acceptance tests also shall be arrived at during these tests. 7.13.1.2 These tests shall be carried out against the functional requirements identified in the accepted business blue print. 7.13.1.3 Conference room pilot test certificate shall be issued on successful demonstration of all critical functional requirements and at least 80 % of essential functional requirements as per agreed blue print. 7.13.2 User Acceptance tests 7.13.2.1 User acceptance tests of the “ERP Solution” (or Subsystem if specified in the Contract) shall be completed by the Consortium as specified in the Agreed and Finalized Project Plan 7.13.2.2 VPT shall deploy the operating and technical personnel and all materials and information reasonably required to enable the Consortium to carry out its obligations with respect to Commissioning. Production use (go-live) shall not commence prior to the formal User Acceptance Testing. 7.13.2.3 The User Acceptance Tests (and repeats of such tests) shall be the primary responsibility of the Consortium, but shall be conducted with the cooperation of VPT before Commissioning of the “ERP Solution” (or Subsystem[s] if specified in the Contract), to ascertain whether the “ERP Solution” (or Subsystem[s]) conforms to the Technical Requirements and meets the standard of performance quoted in the Consortium’s bid, including, but not restricted to, the functional and technical performance requirements. The User Acceptance Tests shall be conducted in accordance with the test scripts provided by VPT. At VPT’s discretion, User Acceptance Tests may also be performed on upgrades and new version releases that are added or field-modified after User Acceptance of the “ERP SOLUTION”. 7.13.3 User Acceptance: 7.13.3.1 Subject to Clause 7.13.4 (Partial User Acceptance) below, User Acceptance shall occur in respect of the “ERP SOLUTION”, when the User Acceptance Tests have been successfully completed 7.13.3.2 At any time after any of the events set out in Clause 7.13.2.1 have occurred, the Consortium may give a notice to the Project Coordinator requesting the issue of an User Acceptance Certificate. 7.13.3.3 After receipt of the Consortium’s notice, the Project Coordinator shall within a reasonable period of time: a. Issue a User Acceptance Certificate; or b. Notify the Consortium in writing of any defect for deficiencies or other reason for the failure of the Pre Go-Live Acceptance Tests. 7.13.3.4 The Consortium shall use all reasonable endeavors to promptly remedy any defect and/or deficiencies and/or other reasons for the failure of the User Acceptance Test that the Project Coordinator has notified the Consortium of. Once the Consortium has made such remedies, it shall notify the Purchaser, and the Purchaser, with the full cooperation of the Consortium, shall use all reasonable endeavors to promptly carry out retesting of the “ERP SOLUTION” System or Subsystem. Upon the successful conclusion of the User Acceptance Tests, the Consortium shall notify the Purchaser of its request for User Acceptance Certification, in accordance with Clause 7.13.2.2. The Purchaser shall then issue to the Consortium the User Acceptance Certification, in accordance with Paragraph 6.16.2.3 (a) or notify the Consortium of further defects, deficiencies, or other reasons for the failure of the User Acceptance Test. The procedure set out in this Clause shall be repeated, as necessary, until a User Acceptance Certificate is issued. 7.13.3.5 If the “ERP SOLUTION” or Subsystem fails to pass the User Acceptance Test(s), then VPT may consider terminating the Contract, pursuant to Clause 6.6. 7.13.4 Partial User Acceptance 7.13.4.1 If specified in the Contract, Installation and User Acceptance shall be carried out individually for each identified major component or Subsystem(s) of the “ERP SOLUTION”. In this event, the provisions in the Contract relating to Installation and User Activities, including the User Acceptance Test, shall apply to each such major component or Subsystem individually, and Pre Go- Live Acceptance Certificate(s) shall be issued accordingly for each such major component or Subsystem of the “ERP SOLUTION” subject to the limitations contained in Clause 7.13.4.2. 7.13.4.2 The issuance of User Acceptance Certificates for individual major components or Subsystems pursuant to Clause 7.13.4.1 shall not relieve the Consortium of its obligation to obtain a User Acceptance Certificate for the “ERP SOLUTION” as a whole once all major components and Subsystems have been supplied, installed, tested, and commissioned. 7.14. GO-LIVE AND STABILIZATION: 7.14.1 Go-Live (Commissioning), Go-Live acceptance: 7.14.1.1 After the issue of the User Acceptance Certificates the Consortium will ensure that the “ERP Solution” is rolled out for production (Go-live) in accordance with the timelines specified in the Agreed & Finalized Project Plan. 7.14.1.2 The Purchaser shall deploy the operating and technical personnel and all materials and information reasonably required to enable the Consortium to carry out its obligations under Go- Live as specified in the Agreed & Finalized Project Plan. 7.14.1.3 Different modules rolled out (Go-Live) for production will be operated in an integrated environment as per the agreed & finalized project plan. Up on successful operation of “ERP Solution” in the production environment, Go-Live acceptance certificate will be issued. 7.14.1.4 After issue of Go-Live Acceptance Certificate the Employer shall take over the “ERP Solution” implemented. However, taking over by the Employer no way relieves the Consortium of its obligations under this Contract. Taking over means taking over physical possession and the “ERP solution” shall be operated under the supervision and guidance of the Consortium till Performance Tests are carried out and the Stabilization Acceptance Certificate is issued as per Clause No. 7.14.2 herein below. 7.14.2 Stabilization Period, Stabilization Acceptance Test 7.14.2.1 During the stabilization period, the Consortium shall provide hand holding services (Post Go-Live Support) to the purchaser for optimum utilization of the “ERP SOLUTION”. 7.14.2.2 Stabilization Acceptance tests The Stabilization Acceptance Tests (and repeats of such tests) shall be the primary responsibility of the Consortium, but shall be conducted with the cooperation of the Purchaser after stabilization period of the “ERP SOLUTION”, to ascertain whether the “ERP SOLUTION” meets the standard of performance and complete functionality as desired by the purchaser. The Stabilization Acceptance Tests shall be conducted in accordance with the test scripts provided by the Purchaser. At the Purchaser’s discretion, Stabilization Acceptance Tests may also be performed on upgrades and new version, releases that are added or field-modified. Stabilization Acceptance Test shall be of 21 days. The Stabilization acceptance certificate shall be issued after achieving defined performance levels during stabilization acceptance tests.
a) While VPT insists to meet all the CRITICAL requirement specifications, for any delay in meeting the CRITICAL requirement specifications beyond one month from the User Acceptance Test of the Project and for not meeting such CRITICAL requirement specifications of 20 or more – maximum of 5% of total contract value will be levied as penalty. If it is less than 20 critical requirement specifications, the penalty shall be levied 1/20th of 5% of total contract value multiplied by actual number of critical requirement specifications. b) While VPT insists to meet all the ESSENTIAL requirement specifications, for any delay in meeting the ESSENTIAL requirement specifications beyond two months from Go-Live of the Project and for not meeting such ESSENTIAL requirement specifications of 20 or more – maximum of 3% of total contract value will be levied as penalty. If it is less than 20 ESSENTIAL requirement specifications, the penalty shall be levied 1/20th of 3% of total contract value multiplied by actual number of ESSENTIAL requirement specifications. c) While VPT insists to meet all the DESIRABLE requirement specifications, for any delay in meeting the DESIRABLE requirement specifications beyond three months from Go-Live of the Project and for not meeting such DESIRABLE requirement specifications of 20 or more – maximum of 2% of total contract value will be levied as penalty. If it is less than 20 DESIRABLE requirement specifications, the penalty shall be levied 1/20th of 2% of total contract value multiplied by actual number of DESIRABLE requirement specifications. d) The above penalty is only for delay in providing solution to the Functional & Technical Requirement Specifications in time as per schedule given in the Contract. Even after completion of the time given as above, if the requirements are still not met by the successful bidder, the requirements of VPT will be carried out by another alternative party at risk and cost of the successful bidder. In such an event the entire additional amount incurred by VPT in addition to the penalty levied above will be recovered from the pending bills of the successful bidder and if the same is not sufficient, the Performance Bank Guarantee given by the successful bidder shall also be used to recover the costs incurred by VPT. If the amount is still not sufficient to meet the costs incurred by VPT, the same is to be made good by the successful bidder on notifying the same by VPT in writing to the Leader of the Consortium.
1. Performance Guarantee (PG) for the ERP solution as per criteria defined in this document for the period of One Year for the Implementation services from Stabilization Acceptance. During the performance guarantee period, the System Integrator shall extend all services required including but not limited to the details given in Clause 7.14. 2. In case of ERP Product, the Performance Guarantee shall commence from the stabilization acceptance for the period of one year, however ATS may start from date of installation of ERP Product. The support required is including but not limited to the details given at 7.19.4.1 3. For Hardware, the period of performance guarantee (Warranty) will be for three years from the date of installation. The services required are including but not limited to scope as given at 7.19.4.2. 7.16.2.2 Performance guarantee / warranty / technical support for each element of the ERP Solution, viz.: the ERP software, hardware, and implementation services covering the periods mentioned at 7.19.2.1 for respective items shall be complied with by the bidder. 7.16.2.3 The bidder will guarantee to VPT the performance of the ERP solution for a period as stated above. This Performance Guarantee (PG) will be applicable to all components of the solution including ERP software, hardware and implementation services. 7.16.2.4 VPT will measure the performance of the ERP solution against the Technical parameters and Performance levels as indicated in Annexure# 4. The bidder should provide performance levels at normal and peak load and VPT’s decision in this respect shall be final and binding on all consortium members. 7.16.2.5 The Consortium guarantees that, once the User Acceptance and Stabilization Acceptance Certificate have been issued, the “ERP SOLUTION” represents a complete solution to the Purchaser’s requirements set forth in the Scope of Work and it conforms to all other aspects of the Contract. 7.16.2.6 If, for reasons entirely attributable to the Consortium, the “ERP SOLUTION” does not conform to the Scope of the Work or does not conform to all other aspects of the Contract, the Consortium shall at its cost and expense make such changes, modifications, and/or additions to the “ERP SOLUTION” as may be necessary to confirm to the Scope of Work and meet all functional and performance standards. The Consortium shall notify the Purchaser upon completion of the necessary changes, modifications, and/or additions and shall request the Purchaser to repeat the Stabilization Acceptance Tests until the “ERP SOLUTION” achieves Stabilization Acceptance Tests. 7.16.2.7 If the “ERP SOLUTION” (or Subsystem[s]) fails to achieve Stabilization Acceptance, due to reasons entirely attributable to the Consortium, the Purchaser may consider termination of the Contract, pursuant to Clause 6.6, and forfeiture of the Consortium’s performance security in accordance with Clause 7.25 in compensation for the extra costs and delays likely to result from this failure without prejudice to other rights of employer available under the contract. 7.16.2.8 Further during validity of the above mentioned Performance Guarantee, for non-performance against any of the Technical Parameters (given in the table) VPT will reserve right to levy penalty. A penalty of 2.5% of the total contract value for not meeting the response time as mentioned below and another 2.5% of the total contract value for not meeting the Uptime requirements as mentioned in the table below of Technical Parameters and will notify the bidder accordingly. The decision of VPT in arriving at the penalty will be final, but it will not exceed 5% of total contract value. Uptime Requirement: The System shall have an availability of at least 99.90%. The availability will be calculated based on the following formula: A = (tsh – (tud- tepd)) * 100 / tsh A: Availability (percent) tsh: Total Service Hours tud: Unscheduled Downtime (hours) tepd: Excused Performance Downtime (hours) Service Hours are the standard service hours of 24 hours, 7 days/week minus Scheduled Downtime. Total Service Hours are all the Service Hours in the calendar month Unscheduled Downtime is where the Production Infrastructure is unavailable during Service Hours and outside the Scheduled Downtime. Scheduled Downtime is (a) Planned maintenance, with all such planned maintenance to be agreed in advance by the Service Provider and VPT; and (b) The scheduled back-up windows specified in the operational procedures manual or as otherwise agreed. Excused Performance Downtime (tepd) means the elapsed time for any outage due to the result of an excused performance problem i.e. non availability of raw power provided by VPT after scheduled backup time of UPS working on redundant mode. The Uptime includes the following infrastructural/System uptime collectively: Database uptime, ERP server uptime, Portal Uptime, ERP and other software uptime Other systems effecting ERP uptime. 7.16.3 Annual Maintenance Contract (AMC) / Annual Technical Support (ATS) : Warranty starts from date of Go-Live, for one year or any extension thereof. After completion of warranty, 5 years AMC & ATS is required. The Bidder is required to ensure that the expiry of AMC for hardware supplied by the Bidder is co-terminus with the expiry of ATS. 7.16.4 Detailed scope of Performance Guarantee (Warranty)/AMC/ATS : 7.16.4.1 Annual Technical Support : The ATS Contract should cover the services which the Supplier provides normally under Technical Support and shall include minimally the following support for ERP, RDBMS, EAI products and all other standard third party software wherever applicable: a. All Product upgrades b. User & Technical support on a 24x7 basis. c. Technical Support for integration or installation of any patch or product upgrade with any third party software. d. Periodic site visit. e. Tuning of ERP / Database software.
Provide Comprehensive warranty for the supplied systems/subsystems for a period of 3 years from the date of Commissioning. Warrant the tapes, Diskettes, CDs or the media to be free of defects in material and workmanship under normal case for 90 days from the date of Commissioning. During this period, VPT/VPT may return defective media to the Bidder and it will be replaced free of cost. If any document/manual supplied by the supplier is found to be inadequate/ incomplete within the period of the contract, the supplier shall replace/complete such document/manual at their cost within 15 days time. 7.16.4.2.3 The scope under performance guarantee/warranty shall cover to provide services as described below for all the equipment (including Hardware and Software) in this tender to ensure maximum uptime and performance levels of all the servers, SAN storage and switches, Tape Library, Backup system and software in the Landscape of ERP Environment. 7.16.4.2.4 The bidder shall be required to provide the following services based on standards and the best practices to meet or exceed the uptime/performance requirements: A. 24x7x365 Support at Visakhapatnam B. Manpower at On-Site: Adequate number of competent hardware engineers to manage of all the components of the supplied hardware (for Server, Storage & Storage Network, etc.) and software, should be available on site to provide Warranty on 24x7x365 basis. The Manpower should be always available on site during office hours 9AM to 6 PM seven days a week. For rest of the period of the day, the manpower can either be available on site or contacted on telephone. During non-office hours the manpower should reach site within one hour. The concerned service engineers should be associated with the project from installation stage. C. Must have service to support the following: a) Maximum Two (2) hours response time for any reported fault. b) Maximum Twelve (12) hours resolution time to all hardware and OS related issues on High Availability Clusters, SAN storage, Backup System etc. c) Maximum twenty four (24) hours resolution time to all hardware and OS related issues on all stand alone systems D. Purchaser has the right for ask for a change of maintenance personnel citing reasons. The supplier shall arrange a replacement within 3 working days having the same or higher competency level. E. Warranty shall cover the following: a) Repair / Replacement of Hardware and other supplier items inclusive of all types of spare parts including batteries, plastic parts, sprockets, glass items, Picture tubes, Print Heads, etc. Only consumables like printer ribbons, Ink cartridge, etc. are excluded b) Installation / Re-Installation / Maintenance of OS, System software and other supplied software c) Installation of system software, patches, upgrades, service packs etc. d) System Management i. Monitoring, logging and reporting of the equipment operation on 24x7x365 basis. ii. Periodic health checks of the systems and implementing proactive rectification measures. iii. Troubleshooting Servers, OS, SAN and backup related issues. iv. Analyzing and reporting all system related issues. v. Managing user, roles and passwords of all the relevant subsystems, including, but not limited to servers, OS, storage, applications etc. vi. Liaison with various vendors, OEMs, agencies and service providers for equipment maintenance & related work. e) Server Administration Server Administration Functions include following activities for the ERP Environment i. Operating System administration and tuning. ii. OS and software re-installation in the event of system crash/failures iii. Configuring file systems, volumes and apportioning disk space. iv. Ensure proper configuration of server parameters. v. Periodic system performance tuning. vi. Addition, deletion, re-configuration of devices, additional users and printers etc. vii. Implementing security patches on servers at all levels. viii. Orderly start-up and shutdown of servers as per laid down procedures. ix. Security management – Configuring account policy, access rights, password control as per purchaser’s security policy. x. Ensure all critical services are running properly on the servers. Schedule and optimize these services. xi. Maintain lists of all system files, root directories and volumes. xii. Resolving all server related problems. xiii. Escalating unresolved problems to ensure resolution as per the agreed uptime and performance requirements. f) Performance Monitoring and Reporting i. Ensure regular monitoring and maintain a log of the performance monitoring of servers including but not limited to monitoring CPU, disk space, memory utilization, I/O utilization, Central Storage etc. ii. Ensure regular analysis of events and logs generated in the entire sub systems including but not limited to servers, operating systems, databases, applications etc. The system administrators shall also ensure that the logs are backed up and truncated at regular intervals. iii. Undertake appropriate actions in accordance with the results of the log analysis to ensure optimal performance g) Storage Administration i. Management of storage environment to maintain performance at optimum levels on a 24 x 7 basis. ii. To ensure that purchaser is able to take regular and proper backups of all Servers & Storage to protect against data losses. iii. Management of the storage solution including, but not limited to, management of space, volume, RAID configuration, configuration and management of disk array, SAN fabric / switches, tape library etc. as per mutually agreed storage management policy. h) Backup and Restore i. 24 x 7 support for file and volume restoration requests. ii. To help purchaser in regular Backup of operating system, database and application as per stipulated policies and time schedule. iii. Help purchaser in conducting periodic restore operations on backed up data. iv. Assist in backups of volumes, files and database applications whenever required. v. Real-time monitoring, log maintenance and reporting of backup status on a regular basis. Shall ensure prompt problem resolution in case of failures in the backup processes. vi. Regular maintenance of all the media and the backup/storage devices. vii. Provide MIS reports such as weekly reports on backup and restoration (failed reasons), monthly report on planned backup & backups actually taken and Quarterly report on number of restoration drill performed and percentage of success, health status of media and drive. F. Supply during Warranty a) Supply of all system software upgrades and patches. b) Supply of future release of all OS and related system software c) Supply and install Security patches and bug fixes G. The offline support should have a) 24x7x365 national telephonic support b) Access to raise technical assistance request at hardware vendors /supplier website 7.17. GOVERNING LAW: The Contract shall be governed by and interpreted in accordance with the laws of India. 7.18. GENERAL: 7.18.1 There shall be no suspension of work on account of arbitration provided that the obligations of VPT and the Consortium shall not be altered by reasons of arbitration being conducted during the progress of Works. Neither party shall be entitled to suspend the work to which the dispute relates on account of arbitration. 7.18.2 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include the fees of the arbitration(s) as per the rates fixed by the arbitrator from time to time. 7.18.3 The parties agree to comply with the awards resulting from arbitration and waive their rights to any form of appeal insofar as such waiver can validly be made. 7.19. INSURANCE: 7.19.1 The comprehensive insurance and safety of all men and material of the consortium at VPT’s site shall be the responsibility of the Consortium. The comprehensive insurance should cover for full value against loss, damage or destruction by fire, lightning, earth quake, theft, pilferage, nondelivery of package/packages and all other risks including strikes, riots and civil commotions during transit, storage, testing & commissioning and guarantee tests to protect the Employer and the consortium. 7.19.2 The insurance policy shall be tripartite, Employer being the beneficiary. The insurance cover shall remain in full force up to the time the ERP Solution is accepted and Stabilization acceptance Certificate is issued by the Employer. The Consortium shall produce the insurance policy and receipts for the premium at the appropriate time. All money received under any such policy shall be applied in or towards the cost incurred for the damage/deficiency but this provision shall not affect the Consortium liabilities under the Contract. 7.19.3 The Consortium shall maintain in full force and affect all such insurances as above and required by the law for the purpose of the Contract at the cost of the Consortium. 7.19.4 The Consortium shall furnish to the Project Manager and Employer with evidence of such insurance a copy of the issued policy and any cancellation or termination thereof. Should the Consortium default in paying any premium when due, Project Manager or Employer, without prejudice to other remedies set forth in this Agreement shall be at liberty to pay such premium and recover the same from Consortium. 7.19.5 The provisions contained within this clause are not intended to and do not impair or in any manner limit the liabilities or obligation assumed by Consortium as may be set forth more fully elsewhere in the Contract. 7.19.6 The Consortium’s services shall include the filing and pursuance of all insurance claims on behalf of the Employer and the entire Work incidental thereto till realization of Claim. 7.19.7 The Employer shall be the principal holder of the policy along with the Consortium. Employer reserves the exclusive right to assign the policy. 7.19.8 The Consortium shall be responsible for effecting insurance under the Indian Workmen’s Compensation Act and any other insurance in accordance with the Indian laws and regulations at his own cost. 7.19.9 If any Contract work including supplies and services perishes or becomes unserviceable due to any cause whatsoever, including missing, shortage, loss or damage and/or various destructions and risks as at Clause No. 7.19.1 above-said, the Consortium shall on demand by the Employer make replacement at his own cost and in such a way as to avoid disturbances in the general progress of ERP solution implementation. This shall apply irrespective of the question whether or not the risk has passed to the Employer or who shall be responsible for such unserviceable ness as aforesaid. 7.19.10 Upon arrival at Site, all Equipment, Materials, commissioning spares, special tools & tackles, all consumables, etc., the Consortium shall assume custody thereof and remain responsible therefore, until the GO-LIVE acceptance Certificate is issued by the Project Manager. 7.19.11 The Consortium shall, as custodian, be responsible for communicating to the project manager / Employer any shortages, missing, breakages, damages, etc. as soon as they come to his notice without prejudice to his obligation under contract. 7.19.12 The insurance policy obtained by the Consortium shall also cover liability for accidents resulting in death, injury, damage to property of VPT or any third party including employees of third parties’ and / or VPT employees within the premises and precincts of VPT. 7.20. BIDDER TO OBTAIN HIS OWN INFORMATION: 7.20.1 Bidder shall for all purposes and whatsoever reason may be, deemed to have independently obtained all necessary information for the purpose of preparing his tender. The correctness of the details given in the Tender Document is for guideline/ information only, to help the Bidder to prepare his tender. 7.20.2 Bidder shall be deemed to have examined the tender documents and to have obtained his own information in all matters whatsoever that might influence carrying out the implementation of the ERP Solution at the scheduled rates and satisfied himself to the sufficiency of his tender. Any error in description or quantity or omission there from shall not vitiate the contract or release the Consortium from executing the work comprised in the contract according to the scope of work and specifications at scheduled rates. He is deemed to know the scope, nature and magnitude of implementing ERP Solution. 7.20.3 The Consortium shall be deemed to have visited the sites, offices and surrounding areas, to have satisfied himself to the nature of all existing Business processes and also as to the nature and the conditions of available facilities and communications and possible interruptions there to the access and egress from site and to have made enquiries, examined satisfied himself of the sites in respect to requirements for implementing ERP Solution and to have made local independent enquiries on all matters affecting the contract. He is deemed to have acquainted himself his liability for payment of Government Taxes, Customs and Duties and other charges. 7.20.4 Any neglect or failure on part of the Bidder in obtaining necessary and reliable information on issues stated in the above clause or any other matters affecting the contract shall not relieve him from any risks or liabilities or the entire responsibility for implementing the ERP Solution at the scheduled rates and time in strict accordance with the contract documents. 7.20.5 Any change in site conditions or technological requirement shall be binding on the Consortium and no extra claim on this account shall be entertained. 7.20.6 The oral agreement or inference from conversation with any officer or employee of the Employer either before, during or after the execution of the contract agreement shall not in any way affect or modify the terms and obligations herein contained. 7.21. SECURITY DEPOSIT (PG BOND): 7.21.1 PERFORMANCE GUARANTEE BOND (PG Bond) The Consortium shall furnish a Performance Bank Guarantee Bond from any scheduled bank (other than cooperative Bank) in India and having a branch at Visakhapatnam as per the enclosed proforma at Appendix # 5B within 21 days from the date of issue of LOA by the Employer, for an amount equivalent to 10% of the value of the order, valid for one month beyond the PG period. The issuing bank should be advised to send a direct confirmation of issue of bank guarantee to the Employer. The P.G. Bond shall be submitted at corporate office of Employer. On satisfactory performance and completion of the order in all respects and duly certified to this effect by the Project Coordinator, Contract Completion Certificate will be issued and the PG bond will be returned to the Consortium. The Employer shall not be liable to the Consortium for any matter or thing arising out of or in connection with the Contract or the implantation of the “ERP Solution” unless the Consortium shall have made a claim in writing in respect there of before issue of the Contract Completion Certificate. 7.21.2 If Consortium or their employees damage, break, deface the property belonging to the Employer or others during the execution of the contract, the same shall be made good by the Consortium at his own expense and in default thereof; the Project Manager may cause the same to be made good by other agencies and recover expenses from the Consortium for which the certificate of the Project Manager shall be final. 7.21.4 The Bank Guarantee for Security Deposit shall be for the due and faithful performance of the Contract and shall remain binding notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the consortium and employer. 7.21.5 Should the extent or the object of the Contract be altered during the execution of the Contract in such a way as to effect an increase or decrease on the Contract Price by more than 10%, the amount in the Bank Guarantee shall be increased or decreased correspondingly. 7.21.6 The Bank Guarantee and any amendment thereto shall be executed on a Non-judicial stamp paper of requisite money value as prescribed by the Statute. 7.21.7 a) All Bank Guarantees for Security Deposit, interest free recoverable advance and other payments and extensions of Bank Guarantees shall be sent in a sealed envelope directly by the Bank through Registered Post to the Director(R&P) i/c, of Visakhapatnam Port Trust. b) Bank Guarantees / Extensions of Bank Guarantees submitted by the Contractors directly will not be admitted. 7.21.8 The Non-judicial stamp paper for the Bank Guarantee should be purchased in the name of executing Bank only. 7.22. FORFEITURE OF SECURITY DEPOSIT (PG BOND): 7.22.1 Whenever any claim against the Consortium for the payment of a sum of money arises out of or under the contract, the Employer shall be entitled to recover such sum by en-cashing in part or whole the P.G. Bond submitted by the Consortium. In the event of the P.G. Bond being insufficient or if no other security has been taken from the Consortium, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Consortium. The Consortium shall pay to the Employer on demand any balance remaining due. 7.22.2 In the event of any breach by the Consortium or any loss or damage suffered by the Employer which in the opinion of the Employer that the loss or damage has arisen due to reasons attributable to Consortium or in the event of the termination of the contract for any such breach, the security deposit given in the form of P.G. Bond is liable to be forfeited. The decision of forfeiture by the Employer shall be final and binding on the Consortium. 7.23. TIME OF PERFORMANCE: 7.23.1 The Zero date of the contract shall commence from the date of award of contract by the Employer. Time period for implementing ERP solution is 15 (fifteen) months (9 Months till Go-live and 6 months of stabilization including the 14 days of initial mobilization) from the date of award of contract. 7.23.2 The Consortium should bear in mind that the stipulated time for completing the scope as per the contract is the essence of the contract, unless such time is extended pursuant to the provisions of this contract. Request for Revision of time after tenders are opened will not receive consideration. The above period of twenty one days for submission of PG Bond is also included within the overall schedule, not over and above the completion time. 7.23.3 The Consortium shall complete the entire work inline with tender specification within the stipulated time frame. No extra time or extension of contract period is allowed unless specifically agreed to in writing by the Employer. The work shall be completed in all respects within a period of fifteen months from the date of award of contract. 7.24. EXTENSION OF TIME: 7.24.1 If, for any special circumstances, an extension of time for implementing ERP Solution is required, then the Consortium shall inform to the Project Manager, within 15 days from the date of occurrence of such circumstances, request with full particulars for extension of time for which he may consider himself entitled in order that such request may be examined. The decision of the Project Manager / VPT, VPT shall be final and binding in this aspect and no additional remuneration shall be payable for the extended period for the scope of work covered under LOA. 7.25. PRICES: 7.25.1 The Consortium should submit their prices separately for each category of supply/service/installation & commissioning as per enclosed price bid format at Form # 8. 7.25.2 The Price quoted by the Consortium shall remain firm and binding during the Contract Period subject to the variations stipulated hereinafter. The Bidder shall perform all his works as envisaged in the Agreement. 7.25.3 Should the actual physical supplies and services are found more than those indicated by the Consortium/bidder in the Price Schedule, the Consortium shall not be entitled for any additional amount from the= Employer. However in the event of decrease in actual supplies/services/installation & commissioning, the Contract Price shall be proportionately adjusted for the decreased supplies/services/installation & commissioning based on the break-up furnished by the consortium as Annexures to the Price Schedule. 7.25.4 The prices to be quoted are intended to provide for all works duly and properly completed in accordance with the General Conditions of Contract and Special Conditions of Contract. Any additional items that are essential or execution and satisfactory implementation of ERP solution shall be deemed to include and cover but not limited to inter-alia, the following: 1) The Prices shall include cost of delivery of all items for successful implementation of ERP solution. Items / Materials delivered by the consortium for which payment was made by the Employer shall remain the property of the Employer whether those are used or not. 2) The delivery terms for all supplies/services shall be on F.O.R. the employer’s site basis. Payment against supplies shall be released nly on receipt and acceptance of material as per payment terms referred at Clause No: 7.34. 3) The prices quoted by the Consortium shall be inclusive of all Taxes, duties, levy etc., imposed by State/Central/Local governments and includes Cenvat (Excise Duty), Service Tax and Education Cess thereon, CST , APVAT wherever applicable, Octroi, entry tax if any, TOT and any other levy applicable as on the date of opening of Technical and Commercial Bid or revision in prices, if any. 4) The bidder has to indicate the amount of APVAT and service tax for which they shall provide relevant documents for enabling VPT to claim Input Tax Credit on APVAT and CENVAT credit on account of service tax. The bidder shall note that the evaluation of the tender shall be made net of Input Tax Credit on APVAT and CENVAT credit on service tax wherever the same are applicable. The Bidder shall also indicate the applicable APVAT rates and corresponding amounts on which such APVAT rates are applicable in the table at the end of “Details of Price Schedule” at Form # 8. 5) The Bidder shall also indicate the amount and percentages of excise duty included in the prices wherever applicable and submit the necessary documents confirming the same. 7.25.5 The prices against installation, testing & commissioning shall be quoted (including all taxes, duties, levies, service tax and education cess thereon etc.) in Indian Rupees and the payment terms are as per Clause No 7.34. The consortium is required to indicate the rates and amounts of taxes, duties, levies, and service tax and education cess thereon etc., included in the price separately. 7.25.6 The Service Tax and education tax thereon shall be paid to the extent the bidder submits the required documents to enable the Employer to claim and obtain CENVAT credit for the same as per the provisions of Service Tax Act. However the payment of service tax and education cess thereon shall be restricted to the total amount as indicated in column (iv) of Price Schedule (Form # 8) 7.25.7 All payments shall be made direct to the bidder or the consortium member on necessary certification by the consortium leader and on compliance of contractual terms & conditions. No LC is envisaged for Rupee payment under the Clause No. 7.25.2 to 7.25.4 above. 7.25.8 In case of shortage/missing/damage/ failure of any material identified at any point of time within the period specified by the Contract including guarantee period, the agency shall supply/replace the same without any financial implication to the Employer. The taxes, duties, clearing & forwarding and other charges incurred by the Employer in this regard shall be recovered from the Consortium’s pending bills and in case no bills are pending the same shall be made good by the Consortium. The Consortium shall accordingly submit the subsequent invoices. 7.25.9 The Consortium shall stand guarantee for the overall performance as per Clause No 7.19.2 including for the supplies made/work done and work to be done by their Consortium members. Towards this guarantee, the bidder/Consortium shall submit a SD/BG for 10% of the Contract Price as per Clause No 7.24 of the tender document. 7.25.10 The cost of all superintendence of labor, materials, tools, equipments, mobilizing and demobilizing equipment, fixtures, transport charges, insurance charges, BG charges, temporary and permanent works, testing, procession and handling of materials, stocking and removal charges of any rejected materials, water and power arrangement and satisfactory maintenance of the same for the full and satisfactory completion of the works intended should also be included in the price. 7.25.11 All fees, duties, royalties, rent and compensation to owner for surface damage or taxes and impositions payable to local authorities in respect of all materials supplied for the work or other duties or expenses for which the Consortium may become liable or may be put to under any provision of the law for the purpose of or in connection with the execution of the Contract including levies payable on all transactions. 7.25.12 Unless otherwise specified in the specification schedule, cost of all leads. 7.25.13 Considering the progress of the works and in order to meet the Contract Schedule, the Consortium shall carry out the works on round the clock if required, duly complying the statutory and site requirements. 7.25.14 Any other activity necessary for the completion of the supply, installation, tests & commissioning of the ERP solution up to guarantee period as per General Conditions of Contract, Special Conditions of Contract if any, and Specifications. 7.25.15 The Consortium has to consider all taxes, duties, levies, etc., applicable for executing this Contract and accordingly, shall indicate the excise duties, all taxes, etc. considered on various supplies and services included in his offer. Non inclusion or omission either declared or not declared on the part of the Consortium shall be construed as inclusive of such duties or taxes in his quoted price as may be applicable as on the Base Date i.e. Date of opening of Technical and Commercial bids or Date of opening of revised price bid, if any, and the same shall not be a reason for reimbursement of the difference in excise duty, all taxes, custom duty, etc at a later date. 7.25.16 All procedures required under statutes, for availing any concessions under relevant tax laws shall be adhered to by the Consortium. 7.25.17 The Consortium shall note that the prices quoted for all the items and services listed at Form # 8 (Price Schedule format) shall include scopes listed above. 7.26. TAXES & DUTIES: 7.26.1 The price with rates quoted shall be inclusive of all taxes, duties, service tax and education cess thereon. Service tax and education cess thereon shall be paid subject to the Consortium complying with all the statutory requirements and furnishing the relevant documents, to facilitate VPT to claim the CENVAT credit which inter-alia include copy of Registration certificate from their jurisdiction of Superintendent of Service tax and cenvatable invoices containing the following details: Name, address and the registration number and service tax range of each Consortium member. Name and address of the person receiving taxable service (VPT). Description, classification and the value of taxable service provided. Service tax and education cess payable thereon. However the payment of service tax and education cess thereon shall be restricted to the total amount as indicated in column (iv) of Price Schedule (Form # 8) 7.26.2 Introduction/upward variation in taxes if any applicable after opening of price bid/revised price/revision in price as the case may be (based on which the order on contractor shall be placed) shall be paid by the Employer subject to production of necessary documents by the Consortium. Similarly withdrawal/downward revision in variation in taxes shall be adjusted in the price quoted and benefit shall be passed to the Employer. Fresh taxes & levies, if any, as may be applicable on this contract, shall be reimbursable against documentary proof to be submitted by the Consortium. The bidder has to consider all taxes & duties applicable on this contract. Any omission, or non-inclusion, either declared or not declared, of any taxes and duties that are applicable at the time of submission of price bid/revised price bid /revision in prices shall not be considered as a reason for reimbursement of such taxes and duties at a later date. 7.26.3 During tenure of the contract if any new taxes/duties/levies etc. are imposed or rates undergo changes, as notified by the Government and become applicable to the subject works, the same shall be paid by the Employer on production of documentary evidence in respect of payment of the same. Similarly, benefits accruing to agency on account of withdrawal/reduction in any existing taxes and duties shall be passed on to the Employer. 7.26.4 Variation in the rates of excise duty, sales tax, service tax, education cess and secondary higher education cess thereon after opening the Price Schedule and/or revised Price Schedule as the case may be (based on which the order on Contractor shall be placed) shall be paid by the Employer subject to production of necessary documentary evidence by the Consortium at the time of submission of bill. Similarly withdrawal/ downward revision in excise duty and sales tax shall be adjusted in the price quoted and benefit shall be passed to Employer. However if the Work is delayed for the reasons attributable to the Employer and extension of the Time for Completion is granted, variation in Taxes and Duties enacted during Contractual completion/execution period, the adjustment in contract price shall be allowed within the extended period of the Contract. Similarly, if the Work is delayed for the reasons attributable to the Consortium, variations in Taxes and Duties will not be paid. 7.26.5 The Consortium shall bear and pay all the liabilities in respect of nonobservance of all legal requirements as per various statutory provisions. 7.26.6 VATable invoice shall be submitted by the consortium members duly complying with the procedure and conditions stipulated by tax authorities to facilitate VPT to claim ITC on APVAT for all supplies made from within the State of Andhra Pradesh. Payment of APVAT shall be restricted to the value of APVAT in VATable invoices or the amount of APVAT shown against ITC in the table at (II) of Form # 8 (Price Schedule) whichever is lower. For this purpose the amount of APVAT indicated against different rates in the table at (II) of Form # 8 (Price Schedule) shall be treated separately but total amount of APVAT on various items will be taken as one within the same rate category. 7.26.7 In case of bought-out items outside the State of Andhra Pradesh, the Consortium shall make “Sale in Transit” as per Section 6(2) of Central Sales Tax Act 1956 and all formalities required shall have to be observed by the Consortium. 7.26.8 The adjustment in the Contract Price towards imposition of new taxes or abrogation of existing taxes shall be applicable only if the new tax is enacted or existing tax is abrogated within Contractual delivery/execution period. For any variation due to enactment of new tax or abrogation of existing tax after Contractual delivery / execution period, adjustment in the Contract Price shall not apply. 7.26.9 All formalities required under statutes, for availing any concessions under relevant tax laws shall be adhered to by the Consortium 7.27. DEDUCTION OF TAXES AT SOURCE: 7.27.1 Recovery at source towards income tax calculated at the rate prescribed from time to time under the Income Tax Act 1961 and other relevant sections of Income Tax Act shall be made from the bills of the Consortium and the amount so recovered shall be deposited with the Income Tax Department. Necessary TDS certificate to this effect will be issued to the Consortium in the prescribed pro-forma. 7.27.2 If any other taxes / duties / cess etc are to be recovered at source as per government regulations / Legislation from time to time, the same shall be recovered from the bills payable to the Consortium. Necessary receipt to this effect will be issued to the Consortium in this regard as per the applicable legislation. 7.28. LIQUIDATED DAMAGES: 7.28.1 The Consortium shall stand guarantee for the performance and output as envisaged in the tender specifications. 7.28.2 If the Consortium fails in the due performance of the contract within the time fixed by the contract or any extension thereof and/or to fulfill its obligations in time under the contract or any extension thereof, Consortium shall be liable to pay Liquidated damages to the extent of a sum of 0.5% of the contract value per week or part thereof for which the delay has occurred, subject to a maximum of 10% of the contract value. In assessing such delays, the VPT Project Manager’s decision is final and binding on the Consortium and the VPT Project Manager shall be informing the delays to the Bidder/Consortium from time to time, for which remedial action is required to be taken by the Bidder. 7.28.3 The recovery of Liquidated damages shall not relieve the consortium from its obligations to complete the work or from any of its obligations and liabilities under the contract. 7.28.4 The decision of the employer with respect to clause no. 7.31 is final and binding on the bidder/Consortium. 7.29. OWNERSHIP OF DOCUMENTS AND COPY RIGHTS: 7.29.1 All study documents, data and specification prepared by the Consortium shall be the property of VPT. As and when required or upon termination of the Agreement, the aforesaid documents of all versions shall be handed over to VPT/VPT. Consortium shall take all necessary steps to ensure confidentiality in handling of all the matters pertaining to business process studies, data, specifications, methods and other information developed or acquired or furnished by the Employer by means of this Agreement or in the performance thereof. 7.29.2 The Intellectual Property Rights in the ERP base products and Standard Materials shall remain vested in the owner of such rights. The Purchaser shall be granted non exclusive, and paid up license to use the ERP base products and Standard Materials including modifications thereto for the purposes agreed herein. The Intellectual Property Right of the other elements of the “ERP Solution” shall be exclusively with the purchaser. However the purchaser has rights to transfer the ERP base products licenses to any office of VPT. 7.29.3 The Purchaser’s Contractual rights to use the ERP base products may not be assigned, licensed, or otherwise transferred voluntarily except in accordance with the relevant license agreement and in case of transfer of ERP base products licenses to any office of VPT as given in clause 7.29.2 above. 7.30. TRANSFER OF OWNERSHIP: 7.30.1 Ownership and the terms of usage of the Software and Materials supplied under the Contract shall be governed by Clause 7.32. The vendor shall grant the purchaser a perpetual license to use the software without any additional payment or obligations to enter into a contact for maintenance or support. 7.31. BILLING AND PAYMENT TERMS: 7.31.1 Consortium shall submit on A/c bills as per agreed payment terms with supporting documents for having achieved the designated milestone activities. Bills shall be raised by the Consortium once in a month. All the deliverables completed as per Clause 3.5 and eligible for payment shall be included in the bill for the month. Payments will be made on 15th day on receipt of invoice/bill along with relevant documents complete in all respects for on account bills by the Project Coordinator or his representative appointed by the Project Coordinator. If such payment release day falls on a holiday of the Employer, payment will be released on the next working day. Payment shall be released on submission of the bill with supporting documents duly certified by the Project Coordinator or his representative appointed and after deducting applicable taxes, penalty and other recoverable. Against deduction of statutory taxes, tax deduction certificates where ever applicable shall be issued as per the applicable provisions of the statute. The Project Coordinator may make any corrections or modifications, if required, to any previous bills certified by him. 7.31.2 Payment will be released at each designated stage, subject to: Raising of on A/c Bill by the Consortium Proof of Completion of work as per contract and certification of the same by the Project Coordinator. 7.31.3 All bills/invoices must be raised in INR only and also payments to Consortium will be made only in INR 7.31.4 The members of the Consortium are to submit their Bank Account details for e-payment as per enclosed format as per Appendix # 6 duly signed and certified by authorised signatory of Bank. In respect of payment made through Electronic Fund Transfer mechanism or Direct credit to the supplier’s/contractor’s bank account, the supplier/contractor should intimate discrepancies, if any, within ten (10) days from the date of receipt of intimation letter of payment to them, failing which it shall be presumed that the funds have reached to their bank account and no claims will be entertained after the said ten (10) days. 7.31.5 Contract execution, Billing and Payments shall be carried out from the corporate office of the Employer. All interactions regarding the execution of the contract, submission of bills and correspondence on any matter shall be done with the designated Project Coordinator or designated Manager. 7.31.6 VPT will release payments based on milestones of work completion as indicated in the table below:
7.32. WAIVER: Failure of the Employer to insist upon strict performance of any terms and conditions of the contract will not be deemed a waiver of any rights or remedies that the Employer may have and will not be deemed a waiver of any subsequent default under the terms and conditions of the contract. No right or remedy of the Employer will be exclusive of any other right or remedy and Employer will have all the rights and remedies given under the contract and now or hereafter existing in law or by statute. The shipping or delivery by the Consortium or receiving of or payment by the Employer for the work under this contract, will not be deemed a waiver of any rights for any prior failure by the Consortium to comply with any of the provisions of the contract. 7.33. MEMBERS OF THE EMPLOYER NOT INDIVIDUALLY LIABLE: No Head of the Department, Board member or official or employee of the Employer shall in any way be personally bound or liable for the acts or obligations of the Employer under the contract or answerable for any default or omission in the observance or performance of the acts, matters or things which are herein contained. The Consortium shall not be entitled to any increase on the scheduled rates or any other rights or claims whatsoever by reason of any representation, explanation, statement or alleged understanding, promise or guarantees given or to have been given to him by any person. 7.34. WORKPLACE/FACILITIES FOR CONSORTIUM’S SITE OFFICE: 7.34.1 Suitable workspace in the respective sites/offices may be provided to the Consortium subject to the availability, free of charge. However, providing such space and store is for the smooth execution of contract and non provision of such space does not bind the Employer and make the Employer liable to the Consortium in any manner except as specifically provided in the contract terms. The Employer is not liable for any loss or damage to the Consortium’s equipments as a result of variation in voltage or frequency or interruption in power supply or other loss to the Consortium arising there from. 7.34.2 The Employer will supply electric power 220/440V, 3 phase/single phase, 50 cycles from the nearest established substation free of cost, for the site works and approved site offices. Only one outlet will be provided from the point of supply. 7.34.3 Though efforts will be made by the Employer to maintain regular power supply, the Employer shall not be responsible for any failure in power supply and any consequences arising there from. The Consortium shall obtain the approval of the Project Manager/Employer for installation of machinery and electric power supply connection to them. The contractor shall be responsible for any defect therein. Any defects pointed out by the Employer in the distribution system shall be rectified forthwith to the satisfaction of Project Manager by the Consortium, failing which the power supply may be cut off by the Employer/Project Manager. 7.35. RESIDENTIAL ACCOMMODATION: No Residential Accommodation will be provided by the employer to the staff of Consortium. The same has to be arranged by the successful Consortium at its own cost. 7.36. TRANSPORTATION: 7.36.1 Consortium shall make its own arrangements for movement of human resources and equipment within and outside the sites/units/offices at the various locations covered by the Contract. 7.36.2 The quoted lump sum amount shall also include all expenses towards travel to various places / destinations in India in connection with completion of work. 7.37. CONSORTIUM’S STAFF AND THEIR CONDUCT: 7.37.1 The bidder/Consortium on award of work shall deploy qualified professionals as designated in the scope of the Contract for implementing ERP Solution. At any time in the opinion of the Project Manager, any additional, qualified, experienced engineer is considered necessary; the Consortium without any additional charge shall deploy them. The bidder/Consortium shall ensure to the satisfaction of the Project Manager competent and efficient supervision of the Implementation of ERP Solution. 7.37.2 If any of the Consortium’s employee, in the opinion of Project Manager, be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the Project Manager, undesirable for administrative or any other reasons, for such person(s) to be employed for providing desired services, then at the directions of the Project Manager the Consortium shall at once remove such person (s) from the site (Works). Vacancy so created shall be immediately filled at the expense of the Consortium by a qualified and competent substitute. Should the Consortium be requested to repatriate any person or removed from this contract, he shall do so and shall bear all costs in connection therewith. 7.37.3 The bidder/Consortium shall be solely responsible for the proper behavior of his employees and staff employed by him/deputed by him to provide ERP Solution. The Consortium shall exercise proper degree of control over them and in particular without prejudice to the said generality the Consortium shall be bound to prohibit/prevent any of his employees (as stipulated above) from trespassing or acting in anyway detrimental or prejudicial to the interest of the community or the properties or occupiers of land or properties in the neighborhood. In the event of such trespassing, the Consortium shall be responsible for all consequent claims or actions for damages or injury or any other grounds whatsoever. The decision of the Project Manager upon any matter arising under this clause shall be final. 7.37.4 All Consortiums’ personnel entering the Employer’s premises shall be properly identified by badges of a type acceptable to the Employer which must be worn at all times on the Employer’s premises. 7.37.5 It is made clear that no relationship of employer and employee is created between the Employer and the Consortium’s resident engineers, employees and no claim for employment of any such personnel shall be tenable or entertained 7.38. SECURITY, STATUTORY AND SAFETY REGULATIONS: 7.38.1 The Consortium shall abide by all the safety and security regulations of the Employer in force and promulgated from time to time and other= statutory requirements. The Consortium shall be responsible for the safety of all employees and/or workmen employed or engaged by them on and in connection with the work and shall report to the Employer and= other local authorities concerned all cases of accidents howsoever caused and wherever occurring on the works and shall make adequate arrangements for rendering immediately all possible aid to the victims of the accidents. 7.38.2 The Employer shall not be in any way held responsible for any accident or damages incurred and claims arising there from during the period of installation, testing, commissioning and stabilizing ERP solution. The Consortium shall be responsible for following the provisions of all safety laws and rules made there-under and other statutory requirements at his= own cost. 7.38.3 The Consortium shall arrange to obtain from the Employer the required gate pass for entry and exit to the Employer’s work site and other protected areas for each one of his engineers/specialists, representatives agents, supervisors, workmen and staff as per the Employer’s prescribed procedure and format. Each entry and exit gate pass shall contain the photograph of the person concerned. In the event of loss and/or damage to the gate passes, the Consortium shall pay to the Employer the prescribed penalty before a new entry and exit gate pass can be issued. The Contract shall be governed by the following provisions for enforcing safe custody and proper use of gate passes: 7.38.4 All engineers/specialists, representatives/agents, supervisors, workmen and staff of the Consortium shall posses the entry and exit gate pass issued from the security department on the recommendation of the concerned officer / Engineer. Security department and the concerned officer/ Engineer shall have the right to refuse the entry and exit gate passes to any worker or representatives of the Consortium without assigning any reason. 7.38.5 Permission to enter the Visakhapatnam Port Trust site to any engineers/specialists, representatives/ agents, supervisors, of the Consortium may be suspended or withdrawn at any time by the Security Department or the concerned officer/Engineer without assigning any reason. 7.38.6 The Consortium shall ensure that any entry and exit gate pass issued to their workers or representatives by the Employer is not misused by unauthorized persons for entry into port area or in specified areas inside the port. 7.38.7 It shall amount to breach of rules and regulations regarding entry into the prohibited area by the Consortium in case entry and exit passes issued on their demand are found to be misused by any unauthorized persons. The Consortium and their defaulting employees shall be liable for legal action against them for breach of rules regarding entry into the port area. 7.38.8 Final payment would be made to the Consortium only after all the passes issued by the Security Department are surrendered for cancellation for which ‘No demand certificate’ should be obtained. In case of passes lost/not surrendered for any reason, an amount of Rs.25/- (Rupees twenty five only) for photo passes will have to be paid as penalty before final payments are cleared by Employer. 7.38.9 Entry into Construction areas fenced out and segregated from Operating Units shall be regulated by a procedure separately to be laid by the Employer from time to time. 7.38.10 The Consortium shall register all equipment and all other materials, tools etc., that may be taken inside the Port area in order to facilitate the issue of exit gate permits for such items to be taken out after the completion of work. 7.38.11 The Consortium shall not employ for the purpose of the Work, any person below the age of 18 years. The Employer shall have the right to decide whether any person employed by the Consortium is below the age limit, and to refuse to allow any person, whom he considers to be under-aged to be employed by the Consortium. 7.38.12 Factories Act, 1948: The Consortium shall follow the provisions of Indian Factories Act and all rules made there under from time to time as applicable, and shall indemnify the Employer against all claims of compensations under the provisions of the Act in respect of workmen employed by the Consortium in carrying out the works and against all costs and expenses or penalties that may be incurred by the Employer in connection therewith. 7.39. EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT 1952 & EMPLOYEES STATE INSURANCE ACT 1948: 7.39.1 The Consortium shall ensure strict compliance of provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act 1952 and the schemes framed there under so far as they are applicable to their establishments and agencies engaged by them. The Consortium also required indemnifying the Employer against any loss or claims or penal damages whatsoever resulting out of non-compliance on the part of the Consortium with the provisions of the aforesaid Act and the Schemes framed there under. 7.39.2 The Consortium agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by Employees State Insurance Act, 1948, and the Consortium further agrees to defend, indemnify and hold Employer harmless from any liability or penalty which may be imposed by the Central, State or local authority by reason of any alleged violation by Consortium of the Employees’ State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against the Employer arising under, growing out of or by reason of the work provided for by the Contract whether brought by employees of the Consortium, by third parties or by Central or State Government authority or any political sub-division thereof. 7.39.3 The Consortium agrees to file with the Employees State Insurance Corporation, the Declaration forms and all forms which may be required in respect of the Consortium’s employees whose aggregate remuneration is within the specified limit and who are employed in the work provided or those covered by ESI Act under any amendment to the Act from time to time. 7.39.4 The Consortium agrees to maintain all records as required under the Act in respect of employees and payments. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Consortium’s account. 7.39.5 The Employer shall retain such sum as may be necessary from the total contract value until the Consortium shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid. 7.39.6 Workman’s Compensation and Employees Liability Insurance. 7.40. CONSORTIUM RESPONSIBILITY WITH OTHER AGENCIES: 7.40.1 Without repugnance to any other condition, it shall be the responsibility of the Consortium not to divert or withdraw the people working for ERP solution for any other Service Contract with the Employer. No claim shall be entertained on account of above. 7.40.2 The Consortium shall conform in all respects with the provisions of any statutory regulations, ordinances or byelaws of any local or duly constituted authorities or public bodies which may be applicable from time to time to the consulting services work. 7.41. OTHER AGENCIES AT SITE: The Consortium shall have to execute consultancy services in such place and condition where other agencies will be engaged for other works or similar works etc. No claim shall be entertained due to services/work being executed in the above circumstances. 7.42. PATENTS, ROYALTIES, RENTS AND LICENSES: All charges on account of royalty, tollage, rent, license fee, entry tax or sales tax and/or other duties or any levy on spares and equipment obtained for the ERP implementation or part thereof (excluding those provided by the Employer) shall be borne by the Consortium. 7.43. LIENS: If at any time there should be any evidence or any lien, claim for which the Employer might have become liable, which is chargeable to the Consortium, then the Employer may pay and discharge the same and deduct the amount so paid from any amount which may be or may become due and payable to the Consortium. If any lien or claim remain unsettled after all payments are made, the Consortium shall refund or pay to the Employer the cost of such lien or claim including all payments and reasonable expenses. Employer reserves the right to the same.
Changes of location of site/offices in VPT’s ownership do not invalidate the contract and Consortium has no claim for any compensation for such changes. 7.45. OTHER TERMS AND CONDITIONS: 7.45.1 The Consortium is required to enter into agreement after submission of Initial Security deposit/PG bond in lieu of security deposit as the case may be. 7.45.2 Should the Employer at any time require the Consortium to do any work beyond what is provided under this agreement, the Consortium shall undertake to do such additional work for an additional remuneration to be mutually agreed upon? 7.45.3 The Employer may make modifications/revisions/changes/deletions in the scope of work from time to time and the Consortium shall comply the same with. 7.46. PROFILE OF TEAMS: The Consortium has to deploy a specialized and trained team for the successful and timely completion of the Project. It is therefore desirable that the key personnel in the team have the following minimum qualification and work experience. a) Project Manager: Two (2) ERP implementation cycle experiences, which include Implementation experience in any Shipping/Port/Logistics organization b) Change Management Lead: One (1) project experience in ERP led Change management. c) Functional Integration Lead: One (1) ERP implementation cycle experience on different modules of the offered product suite, which includes implementation experience in any Shipping/Port/Logistics organization. d) Functional Leads: One (1) ERP implementation cycle experience on the offered product suite which includes India localization experience in the relevant modules. e) Technical Leads – Interfaces: Minimum One(1) ERP implementation cycle experience for the offered product which includes experience with implementing interfaces to VB/Oracle based legacy applications. f) Technical Leads – Database Management: Minimum One (1) full cycle experience with the same ERP product suite and localization requirements. The consortium shall submit the details of experience as per the format in Form # 5 and Form # 6.
(a) Brief description of the Change; (b) Impact on the Time for Achieving Stabilization Acceptance; (c) Estimated cost of the Change; (d) Effect on Performance Guarantees (if any); (e) Effect on any other provisions of the Contract. 7.47.2.2 The pricing of any Change shall be as far as practicable, calculated in accordance with the rates included in the Contract. If the nature of the Change is such that the Contract rates are inequitable, the parties to the Contract shall agree for a mutually acceptable price for valuing the Change. 7.47.3 Changes Originating From Consortium If the Consortium proposes a Change pursuant to Clause 7.47.1.2, the Consortium shall submit to the Project Coordinator a written “Application for Change Proposal,” giving reasons for the proposed Change and including the information specified in Clause 7.47.2.1. Upon receipt of the Application for Change Proposal, the parties shall follow the procedures outlined in Clauses 7.47.2.1 and 7.47.2.2, except that the words “Change Proposal” shall be read, for the purposes of this Clause 7.47.3 as “Application for Change Proposal.” 7.48. Licensing Options: The bidder shall indicate the licensing options for different software products and custom developed solutions very clearly in the bid. Initially the license required for ERP product, including the Port Operations will be 400 users, out of which, about 100 users are for Port Operations. The number of users shall be capable of scaling upto 500 users in the immediate future, if required. The details of the different licensing options with minimum number of users with the base product/ package, incremental additions and unlimited options, if any shall be indicated in the Technical Conformance Check List under the Technical Bid. Corresponding price details shall be filled in the Price Bid. The source codes of the software solution except for standard software products would be handed over to the VISAKHAPATNAM Port Trust. Any component used in the development for which source code cannot be transferred should be clearly mentioned. The maintenance and licensing options for the source codes of the software shall also be indicated in the bid. *** Annexure#1: Visakhapatnam Port Trust: An overview Safe in the protective shadow of the Dolphin’s nose hill and Ross Hill promontories, the Port of Visakhapatnam located almost midway between Kolkata and Chennai on the East Coast of India, has been serving a vast hinterland since 1933. From a tiny port of 3 lakh tonnes capacity, the port has emerged as a multi commodity large sized port by handling 65.50 million tonnes of traffic in 2009-10. The need for development of a port in this natural bay was spelt by the British Rulers as far back as 1858 and the first detailed report “Vizag the Port of Central Provinces” was published in 1877. This proposal however, was temporarily frozen due to the advent of the first world war. It was only in 1914 that the proposal for construction of harbour at Visakhapatnam was initiated by the then Bengal Nagpur Railways. During 1922, Bengal Nagpur railway revived the proposal of Col. H. Cartwright Reid of British Admiralty for construction of an Inner Harbour. The actual construction commenced in 1927 and the port, which was only a road stead port till then, was opened to ocean traffic on 7th October, 1933 with the arrival of a passenger ship S.S. JALADURGA. The Port was formally inaugurated by his excellency Lord Willingdon, the then Viceroy and Governor General of India on 19th Dec. 1933. The Saga of the construction of the harbour particularly forming of entrance channel, sinking of two old ships `JANUS and WELLESDON’ to form breakwater instead of building a wall in the sea were all feats in engineering and are subjects of discussion even today. Mr.W.C. Ash and Mr.D.B. Ratternberry were the engineers who played prominent role in construction of this beautiful harbour. The Port was constructed at a cost of Rs.3.78 crores and when it was opened, the port had 3 berths viz., EQ.1, EQ.2, EQ.3 with initial throughput of 1.3 lakh tonnes in 1933. The port administration had passed through different departments and Ministries of the Government of India till the transfer of its day-to-day control to the Port Trust in February, 1964 under the Major Port Trusts Act, 1963 as shown below: RAILWAY BOARD COMMERCE DEPARTMENT COMMUNICATIONS DEPARTMENT WAR TRANSPORT DEPARTMENT WAR (DEFENCE) DEPARTMENT BENGAL NAGPUR RAILWAY MINISTRY OF TRANSPORT 1964-FEB TRUST, UNDER MPT ACT. SPECIAL FEATURES OF THE PORT An ISPS compliant Port The lone Indian Port to have three International certifications ISO 9001 - Quality Management System ISO 14001 - Environmental Management System OHSAS 18001 - Occupational Health & Safety Assessment System
The only port in India and first of its kind in South Asia to have a Cavern facility for LPG – a mined rock Cavern at a depth of 200 mtrs. below sea level (capacity: 60,000 T) National Safety award for outstanding performance in Industrial Safety - Winner – 2002, 2006 & 2007 (Gold) Runner-up – 1999, 2000, 2001 & 2003 Green-tech Award for outstanding achievement in environment management Gold – 2003-04, 2007 & 2009 Silver – 2002-03 & 2006-07 Bronze – 2005-06 Green-tech Safety Award in Service sector Silver - 2006 & 2007, 2008 and 2009 Bronze – 2005 ADVANTAGES OF VISAKHAPATNAM PORT # Tranquil deep water berths to handle cape size vessels, Suez max and VLCC’s
# Quality service at optimum cost # Responsive and transparent administration # Dedicated facilities for bulk handling # Excellent rail-road connectivity ensuring faster transportation of cargo to the service area # Additional Link Road connecting National Highway is operational # Harmonious industrial relations # Excellent communication facilities # Availability of open/covered storage # Ambitious expansion plans with emphasis on modernization # Can fulfill the role of Nodal Port on East coast by acting as a distribution Center to other ports on east Coast / Ports of neighbouring countries PORT FACILITIES
PERMISSIBLE VESSEL DIMENSIONS
DETAILS OF BERTHS A. INNER HARBOUR -NORTHERN ARM EAST SIDE(in mtrs.)
* Awarded to BOT Operator M/s. Vizag Sea Port Private Limited @ On raising tide of 0.85 mtrs. A. INNER HARBOUR - NORTHERN ARM - WEST SIDE
@ On raising tide of 0.85 mtrs. * Subject to maximum 225 m. at one of two berths
CARGO HANDLING EQUIPMENT
DETAILS OF THE PORT CRAFTS
CONTAINER HANDLING FACILITIES One deep draft container terminal of 449 m. LOA, 16.5 mtrs. Dredged depth – The deepest in the country. Capable of accommodating main line container vessels upto 14.9 mtrs. draft Paved container yard – 17 hectares Two Nos. Panamax RMQC and planning for Four Nos. post-panamax cranes Two Nos. RTGC and planning for eight Nos. RTGC Four Nos. Reach stackers 16 Nos. ITV Facility to handle 132 Reefer Plug Points with 1250 KVA backup generator Two Railway sidings inside the terminal with full rake of 45 wagons capacity Excellent road and rail connectivity High-Tech IT Driven vessel planning and Yard management system (Navis Sparcs) On line container tracking Real time updation of data by using radio data terminals with the latest spread spectrum technology Ousting priority for container vessels and facility for fixed berthing windows Operating regular and scheduled Boxtrans service between Delhi – Vizag CFS facilities by CONCOR and also at CWC warehouse Two Private CFS in operation and two more likely to be commissioned M/s VCTPL notified by the Customs as International Transshipment Terminal STORAGE FACILITIES
MECHANISED HANDLING FACILITIES
LIQUID BULK HANDLING FACILITIES
FACILITIES FOR TRANSPORTATION OF CARGO TO THE HINTER LAND The port owns, operates and maintains 200.06 k.m. of track length. There are 12 sidings and 17 open terminals (11 in Eastern sector and 6 in Western sector) in the port railway system. In addition the port has 85 kms. of road network. An additional link road connecting the operational area with National Highway No.-5 is operational with effect from 15.12.2006. SHORE RECEPTION FACILITIES The Port is providing reception facilities for waste oil and garbage from ships through authorized licensees in addition to a 100 tonne capacity masonry tank to provide reception facilities to port crafts under MARPOL Regulation 73/78. PERFORMANCE INDICATORS
COMMODITY – GROUP WISE TRAFFIC HANDLED (lakh tonnes)
THE PLANS The anticipated traffic by 2011-12 is 78 million tonnes necessitating augmentation of port capacity. In accordance with the National Maritime Development Policy formulated by the Govt. of India for augmentation of port facilities, the following thrust areas have been identified by the Port and proposals have been formulated. Download 5.41 Mb. Share with your friends:
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