p

Request for Proposal

for

Office 365 apps for Enterprise with

Exchange Email Solution

RFP NIT No.:

Jharkhand Bijli Vitran Nigam Ltd (JBVNL)

Engineering Building, HEC, Dhurwa,
Ranchi-834004, Jharkhand, India

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 Table of Contents
DISCLAIMER................................................................................................................................................... 4
1) FACT SHEET ........................................................................................................................................... 5
2) BACKGROUND & OBJECTIVE ................................................................................................................. 8
3) ELIGIBILITY CRITERIA ........................................................................................................................... 10
4) SCOPE OF WORK ................................................................................................................................. 15
5) PRE-BID MEETING & CLARIFICATIONS ................................................................................................ 19
6) PROCEDURE FOR SUBMISSION OF BIDS ............................................................................................. 21
7) BID EVALUATION ................................................................................................................................. 31
8) GENERAL TERMS & CONDITION ......................................................................................................... 35
9) TERMS AND CONDITIONS: APPLICABLE POST AWARD OF CONTRACT ............................................... 38
10) PAYMENT TERMS ................................................................................................................................ 47
11) PROJECT TIMELINE .............................................................................................................................. 49
13) BOQ ..................................................................................................................................................... 52
ANNEXURE I – Proposal Covering Letter ..................................................................................................... 55
ANNEXURE II: Format for Power of Attorney ............................................................................................. 57
ANNEXURE III-Financial Proposal Format ................................................................................................... 59
ANNEXURE-IV- Bank Guarantee Format for Earnest Money Deposit ................................................... 61
ANNEXURE-V- Declaration for not Black Listed ...................................................................................... 64
ANNEXURE VI – Draft Performance Guarantee .......................................................................................... 65
ANNEXURE VII: Pre-Contract Integrity Pact ............................................................................................. 68

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 NOTICE INVITING TENDER

Request for Proposal for Office 365 apps for Enterprise with Exchange
Email Solution

Ref NIT No.:

JBVNL (Jharkhand Bijli Vitran Nigam Limited) is the largest DISCOM utility of Jharkhand State,
incorporated primarily to carry out distribution of electricity to retail and bulk consumers in the
state of Jharkhand. The company started operations on 6th Jan 2014, after the unbundling of
the erstwhile Jharkhand State Electricity Board (JSEB) in the year 2013. The company has a
registered consumer base of around 4.7 million. The company is involved in distribution of
electricity to different categories of consumers like HT, LTIS, DS, NDS, IAS, etc. in 7 electric
supply areas, viz. Ranchi, Dhanbad, Singhbhum, Hazaribagh, Giridih, Dumka and Medininagar.
The JBVNL now invites online Bids from eligible Bidders for Office 365 apps for Enterprise with
Exchange Email Solution . Bidders are advised to note the clauses on eligibility and minimum
qualification criteria to qualify for the award of the contract.

The document can be downloaded from the website Https://jharkhandtenders.gov.in/, in

response to this tender shall be deemed to have been done after careful study and examination
of this document with full understanding of its implications. This section provides general
information about the Issuer, important dates and addresses and the overall eligibility criteria
for the parties. The tender document cost of Rs.11,800/-+GST is to be submitted vide crossed
demand draft on any Nationalized bank in favour of JBVNL, Payable at Ranchi.
Issuer / Address for Bid Submission and Correspondence

General Manager (IT)

Jharkhand Bijli Vitran Nigam Limited
HEC Building, Dhurwa,
Ranchi, Jharkhand - 834004
Email: itcelljbvnl@gmail.com

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 DISCLAIMER

The information contained in this Request for Proposal (hereinafter referred to as "RFP")
document provided to the Bidders, by the Jharkhand Bijli Vitran Nigam Limited, Ranchi,
hereinafter referred to as JBVNL, or any of their employees or advisors, is provided to the
Bidder(s) on the terms and conditions set out in this RFP document and all other terms and
conditions subject to which such information is provided.

The purpose of this RFP document is to provide the Bidder(s) with information to assist in the
formulation of Proposals. This RFP document does not purport to contain all the information
each Bidder may require. This RFP document may not be appropriate for all persons, and it is
not possible for the JBVNL, their employees or advisors to consider the business/investment
objectives, financial situation and particular needs of each Bidder who reads or uses this RFP
document. Each Bidder should conduct its own investigations and analysis and should check
the accuracy, reliability, and completeness of the information in this RFP document and where
necessary obtain independent advice from appropriate sources.

JBVNL, their employees and advisors make no representation or warranty and shall incur no
liability under any law, statute, rules, or regulations as to the accuracy, reliability, or
completeness of the RFP document.

JBVNL may, in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information in this RFP document.

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 1

Fact Sheet

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1) FACT SHEET

S. No. Basic Requirement Specific Requirement

1. Tender Ref No.
Office 365 apps for Enterprise with Exchange Email
2. Name of the Work Solution

General Manager (IT)

Jharkhand Bijli Vitran Nigam Limited
Name & address of the
3. HEC Building, Dhurwa,
issuer of this tender
Ranchi, Jharkhand - 834004
Email: itcelljbvnl@gmail.com
Date of download of
4. As per Tender Notice
tender document
Date for sending Pre-Bid
5. As per Tender Notice
Query
6. Pre-Bid Meeting
Last Date for Submission of
7.
Bids online
Date of Opening of
8.
Technical Bid
Date of Commercial Bid
9. To be Informed latter
opening
General Manager (IT)
Address of Communication
Jharkhand Bijli Vitran Nigam Limited
/ Place of bid Submission /
10. HEC Building, Dhurwa,
Opening of Bids / Contact /
Ranchi, Jharkhand - 834004
Address
Email: itcelljbvnl@gmail.com
Rs. 11,800/- + GST (Rs. Ten thousands only) through
Demand Draft from any Nationalized Bank in favour of
11. Cost of Tender Document
JBVNL payable at Ranchi to be submitted with the
Technical Bid.
Rs.96000/- in form of Bank Guarantee/Demand Draft
Earnest Money Deposit
12. (DD) in favour of JBVNL payable at Ranchi from any
(EMD)
Nationalized bank
Downloaded from Https://jharkhandtenders.gov.in/.
However, in this case, the bidders are required to submit
RFP can be downloaded
13. the tender cost in the form of a demand draft (details
from
mentioned in above para) along with the Proposal.
The entire Bid process will be through e-tendering.
Proposals must remain valid 180 days after the
14. Validity of Proposal
Submission date

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S. No. Basic Requirement Specific Requirement
15. Method of Selection Lowest cost-based selection
Bidders must submit Tender through online and one
additional hard copy of only Technical Bid at JBVNL along
16. Bid Submission with original tender fee (for new bidders) and EMD
within 24 hrs. of submission of last date and time of
online bid submission

Note:
1. JBVNL reserves the right to change any schedule of bidding process. Please visit
Procurement website Https://jharkhandtenders.gov.in/ regularly for the same.
2. Proposals must be received not later than time, date and venue mentioned in the
Fact Sheet. Proposals that are received after the deadline WILL NOT be considered in
this procurement process.

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 2

Background & Objective

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2) BACKGROUND & OBJECTIVE

2.1 ABOUT JBVNL

JBVNL (Jharkhand Bijli Vitran Nigam Limited) is the largest DISCOM utility of Jharkhand State,
incorporated primarily to carry out distribution of electricity to retail and bulk consumers in the
state of Jharkhand. The company started operations on 6th Jan 2014, after the unbundling of
the erstwhile Jharkhand State Electricity Board (JSEB) in the year 2013.

Since inception, the commitment of JBVNL has been to transform itself into a vibrant,
financially independent and consumer friendly utility through means of numerous path-
breaking initiatives. To ensure reliable power supply and to provide best in class service to its
consumers, JBVNL has taken several initiatives like implementation of ERP & SCADA, online
capex monitoring application, SMS based burnt DT reporting, android-based mobile application
(eZy-bZly), facilitating bill payment, new connections, lodging complaints, integrated
Geographical Information System (GIS), Saral-Samiksha (online project monitoring tool),
Suvidha portal, Sashakt (24x7 toll free helpline), Urja Mitra, etc.

2.2 Objective

The main objective of this project is to procure ‘Office 365 apps for Enterprise with Exchange Email Solution ’
for Jharkhand Bijli Vitran Nigam Limited.

Specific Requirements for Email Solutions:

- Reliable and secure email service

- Migration from existing systems

- User-friendly interface

- Scalability and flexibility

- Technical support and maintenance

Specific Requirements for Office 365 Procurement:

- Licensing options

- Integration with current IT infrastructure

- Support and training services

- Cost-effectiveness

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 3

Eligibility Criteria

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3) ELIGIBILITY CRITERIA
The bidder must possess the requisite experience, strength and capability in providing the
services necessary to meet the requirements as described in the tender documents. The bidder
must also possess the technical know-how and the financial wherewithal that would be
required to successfully provide the services for “Office 365 apps for Enterprise with Exchange Email
Solution ” and support services sought by the Jharkhand Bijli Vitran Nigam Limited (JBVNL),
Ranchi, for the entire period of the contract. The bids must be complete in all respect and
should cover the entire scope of work as stipulated in the Tender document.

The Bidder must possess following credentials prescribed as Eligibility criteria. If any bidder fails
to fulfil the Qualification Requirement (QR), bid will be treated as non-responsive, and no
further correspondence/clarification will be taken into consideration for the same.

Note:

1. In case of non-furnishing the requisite documents along with the bid, the bid will be
considered as non-responsive, and bid may be summarily rejected.
2. Irrespective of meeting the above qualification requirements, none of the consulting
companies engaged by JBVNL as on date of publication of this tender can bid for this
tender.
3. All the Qualification conditions to be met by single entity, not Consortiums/Joint
Ventures etc., are allowed. Work Orders, experience certificates on JV / Consortium /
Sub-contract shall not be considered for qualification.
4. This is an Open RFP. Only the authorized partner of Microsoft will be eligible to
participate in the RFP process.
5. No sub-contracting will be allowed under any conditions, whatsoever

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The invitation to proposal is open to all bidders who qualify the Eligibility criteria as given
below:

Technical-Commercial Eligibility Criteria

Sr. Basic Requirement

Criteria Supporting Documents Required
No.
 Certificate of Authorization
required from Microsoft
 Bid specific Manufacturers
Authorized Licensing  Bidder Must be Authorization Form (MAF) /
Solution Provider (LSP) Authorized Licensing Certificate mentioning the Bid
1
Solution Provider (LSP) Ref No. & Date and validity of
of Microsoft
such authorization with OEM
details such as name,
designation, address, e-mail Id
and Phone No.
 Certificate of
incorporation for
Company/ Partnership
Deed / Proprietorship
 The Bidder should have firm self- declaration
existence in India for last
three (3) years.  Certificate from Statutory
 The Bidder shall be auditor / Chartered
2 Legal Entity
solvent at the date of Accountant for existence
Bidding offirm for last five years
 The Bidder shall have
alongwith last three
positive net worth
years balance sheet.
 Certificate from Statutory
auditor / Chartered
Accountant for Solvency
Order issued by the client +
satisfactory certifications work
The Bidder should have executed
completion certificate from the
at least 3 orders of similar nature
of jobs in last 3 years with client to be enclosed hiding
3 Work Experience minimum quantity of 300 user price part (if required).
licenses and migration at any
Govt. Department /PSU / Board /
Council.

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  GST Certificate
 Income Tax Return
(Latest 3 years)
4 Other legal documents
 Copy of PAN Copy of the valid documents
 Articles of Association/
Company Registration
A self-declaration thatthe Bidder
has not been blacklisted is to be
The responding firm must not be
submitted (in Annexure-V). In case
blacklisted by any Central/any
it is found after issuing Work Order
StateDepartment/establishments
5 that the concerned organization is
in Indiaat any point of time for
Blacklisting blacklisted by any Central/any
breach of ethical conduct or
State Department/establishments
fraudulent practices.
in India, the work order will be
cancelled.
The Bidder shall submit the
Power ofAttorney of
To be submitted along with
6 Authorization for signing the
Power ofAttorney Technical Bid
Bid in Rs.100.00 Non Judicial
Stamp Paper.
The tenders of following categories
are exempted from deposit of
earnest money subject to the
conditions laid down below:-
a)The State Govt./Govt. of India
undertaking.
b)MSME unit of Jharkhand,
registered with Department of
Industries , Govt. of Jharkhand /
The Earnest Money Deposit of Industrial Area Development
Rs. 96000/- (Rupees Ninety Six Authority, Govt. of Jharkhand, for
tendered item , valid on the due
Thousand only) by wayof
7 Submissionof EMD date of tender and during the
demand draft only, drawn in period of contract. SSI unit of
favour of “JBVNL.” payable at Jharkhand must submit self
Ranchi is to be enclosed. attested or notarized valid copy of
SSI registration certificate for
tendered item, issued from
Department of Industries , Govt. of
Jharkhand / Industrial Area
Development Authority, Govt. of
Jharkhand, failing which, they will
not be considered SSI unit.
To be submitted alongwith
Technical Bid.

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 ISO 9001:2015 Quality Bidder should certified with
8 Valid Certificate
Management System ISO 9001:2015
ISO 27001:2013 Bidder should certified with
9 Information Security Valid Certificate
ISO 27001:2013
Management System
Important: -
a. Bidders must attach the duly filled above Eligibility criteria sheet with their financial
bid, failing which bid may be out rightly rejected without evaluation.
b. Bidders must submit the documents/work orders according to criteria in sequential
manner.
c. Those bidders who qualify in Eligibility criteria will only be considered for evaluation
of their financial bid.
d. Bid will be evaluated based on online uploaded documents; hence Bidders must
ensure that all online uploaded documents are clearly readable otherwise bid may not
be evaluated.
e. The Bidder shall bear all costs associated with the preparation and submission of the
Bid.
f. The response to the RFP should cover the following:
o All pages of this RFP document should be signed by the authorized
signatory and submitted in Technical part.

o Covering letter is to be placed by RFP participants.

o The details of the project executed and Work Order copies along with job
completion certificates from the customers duly attested.

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 4

Scope of Work

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Scope of Work for Office 365 Email Solution.
1. Planning and Assessment

a. Requirements Gathering

 Identify business requirements and objectives.

 Understand the current email environment.
 Define user needs and expectations.

b. Technical Assessment

 Evaluate existing infrastructure.

 Assess network readiness and bandwidth requirements.
 Identify potential integration points with other systems.

c. Licensing and Subscriptions

 Determine the appropriate Office 365 licenses and subscriptions.

 Plan for license procurement and assignment.

2. Design

a. Solution Architecture

 Design the overall architecture of the Office 365 email solution.

 Plan for user identity and access management.
 Design email flow and routing.

b. Security and Compliance

 Implement security measures (MFA, encryption, etc.).

 Ensure compliance with industry standards and regulations (General Data Protection Regulation,
etc.).

3. Migration Planning

a. Migration Strategy

 Choose the appropriate migration method (cutover, staged, hybrid).

 Develop a detailed migration plan and timeline.
 Identify and plan for potential migration risks.

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b. Data Preparation

 Inventory existing mailboxes, distribution lists, and resources.

 Clean up and archive old or unnecessary data.
 Prepare mailboxes for migration.

4. Implementation

a. Environment Setup

 Set up Office 365 packages.

 Configure DNS settings.
 Set up user accounts and assign licenses.

b. Email Migration

 Execute the migration plan.

 Migrate mailboxes, calendars, contacts, and other relevant data.
 Monitor the migration process for any issues.

c. Integration

 Integrate Office 365 with other business applications.

 Configure mobile device access and policies.
 Set up email client configurations (Outlook, mobile apps).

5. Testing and Validation

a. Functional Testing

 Test email functionality (sending/receiving emails, calendar, contacts).

 Verify integration with other systems.

b. User Acceptance Testing

 Conduct user acceptance testing (UAT) sessions.

 Gather feedback and address any issues.

6. Training and Support

a. User Training

 Provide training sessions for end-users.

 Create and distribute user guides and documentation.

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b. Support and Troubleshooting

 Set up a helpdesk or support system.

 Address post-migration issues and provide ongoing support.

7. Post-Implementation Review

a. Performance Monitoring

 Monitor the performance and usage of the Office 365 email solution.
 Optimize settings and configurations as needed.

b. Feedback and Continuous Improvement

 Gather feedback from users and stakeholders.

 Implement improvements based on feedback and performance data.

Deliverables

 Project Plan: Detailed timeline and milestones.

 Technical Documentation: Architecture design, configuration settings, migration plans.
 Training Materials: User guides, training sessions.
 Support Resources: Helpdesk setup, support contacts.
 Post-Implementation Report: Summary of the implementation, issues encountered, and
resolutions.

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 5

Pre-Bid Meeting

5)PRE-BID MEETING & CLARIFICATIONS

5.1 Bidders Queries

a. JBVNL shall hold a pre-bid meeting with the prospective bidders on Date & time and
Address mentioned in Fact Sheet of this document.
b. Scan copy of DD of tender document along with EMD has to submit online.
c. Pre-bid queries of only those bidders will be responded who have registered themselves
on or before response of pre-bid queries is released.
d. Bidders are requested to submit the e-mail address and mobile no. of one authorized
person for all communications along with the registration.

e. The Bidders will have to ensure that their queries for Pre-Bid meeting should reach to
JBVNL by email (itcelljbvnl@gmail.com) (Excel File only. Pdf and image files will not be
considered) on or before last date for sending pre-bid queries mentioned in Fact Sheet
of this document through the e-mail of only authorized representative of the bidder.

f. The queries should necessarily be submitted in the following format:

RFP Reference(s) Content of RFP requiring Points of

S.N.
(Section & Page Number(s) Clarification(s) Clarification/Suggestion
1.
2.

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3.
4.
N

g. JBVNL shall not be responsible for ensuring that the bidder’s queries have been received
by them. Any requests for clarifications post the indicated date and time may not be
entertained by the JBVNL.
h. The purpose of the meeting is to provide Bidder’s information regarding the RFP,
project requirements, and opportunity to seek clarification regarding any aspect of the
RFP and the project. However, the ‘JBVNL’ reserves the right to hold or re-schedule the
Pre-Bid meeting.

5.2 Responses to Pre-Bid Queries and Issue of Corrigendum

a. The Corrigendum (if any) & clarifications to the queries from bidders will be posted on
the website Https://jharkhandtenders.gov.in/.
b. At any time prior to the last date for receipt of bids, JBVNL may, for any reason, whether
at its own initiative or in response to a clarification requested by a prospective Bidder,
modify the RFP Document by a corrigendum.
c. Any such corrigendum shall be deemed to be incorporated into this RFP.
d. In order to provide prospective Bidders reasonable time for taking the corrigendum into
account, JBVNL may, at its discretion, extend the last date for the receipt of Proposals.

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 6

Bid Submission
6)PROCEDURE FOR SUBMISSION OF BIDS
6.1 General:
a. Sealed offers prepared in accordance with the procedure enumerated in the RFP
document should be submitted online at https://jharkhandtenders.gov.in/, not
later than the date and time laid down, at the address given in the schedule for
invitation for BID.
b. EMD of all unsuccessful bidders would be refunded by JBVNL within 60 Days of the
bidder being notified as being unsuccessful. The EMD, for the amount mentioned
above, of successful bidder would be returned upon submission of Performance Bank
Guarantee as per the format provided in Annexure VI.
c. EMD amount is interest free and will be refundable to the unsuccessful bidders without
any accrued interest on it.
d. The bid / proposal submitted without EMD, mentioned above, will be summarily
rejected.
e. The EMD may be forfeited:
i) If a bidder withdraws its bid during the period of bid validity.
ii) In case of a successful bidder, if the bidder fails to sign the contract in
accordance with the terms and condition of this RFP.
f. The tenders will be opened on the date and time indicated in the presence of Bidders
if any present on the occasion. If the date of opening is declared to be a holiday the
tenders will be opened on the next working day or as decided by JBVNL.
g. This tender document is not transferable.

6.2 Site Visit (s)

The bidder may wish to visit and examine the site (s) of the project and obtain for itself, at
its own responsibility and risk, all information that may be necessary for preparing the bid
and entering into the contract. The cost of visiting the site (s) shall be borne by the bidder.
6.3 Instructions to Bidders

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Detailed instruction & documents to be furnished for online bidding.

a. Guidelines for online submission of bids can be downloaded from the website
https://jharkhandtenders.gov.in/
b. Interested bidders can download the bid from the website
https://jharkhandtenders.gov.in/
c. Bidders to participate in the bidding process have to get ‘Digital Signature Certificate
(DSC)’ as per Information Technology Act-2000 to participate in online bidding. This
certificate will be required for digitally signing the bid. Bidders can get the above-
mentioned digital signature certificate from any approved vendors (CA). Bidders, who
already possess valid Digital Certificate, need not procure new Digital Certificate.
d. Bidders must submit their bids online in electronic format with digital Signature. Bids
without digital signature will not be accepted. JBVNL will accept the online bid
documents as authentic and final. This shall be binding to all parties.
e. JBVNL reserves the right to verify, if it desires, the correctness of documentary evidence
furnished by the bidder.
f. Quantity/ location mentioned by JBVNL in this RFP are indicative may vary with ± 20%.
g. Subletting/subcontracting of bid is not allowed at any stage of project. If found,
appropriate action will be taken against the successful bidder.
h. Bids will be opened online as per time schedule mentioned in the Invitation for Bids
(IFB).
i. The SI should not assign or sublet the work and part their off to any other agency in any
form. Failure to do so shall result in termination of contract and forfeiture of
performance Bank Guarantee.
j. Bidders should be ready with the scanned copies of cost of documents & bid security as
specified in the tender document. Before submission of bids online, bidders must
ensure that scanned copies of all the necessary documents have been attached with
bid.
k. Bidders have to submit original Demand Draft towards tender fee & bids security as
mentioned in the RFP during the period & time as mentioned in the RFP failing which
bid will not be accepted. The details of cost of documents, bid security specified in the

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 tender documents should be the same as submitted online (scanned copies), otherwise
bid will summarily be rejected.
l. Uploaded documents of successful bidder will be verified with the original before
signing the agreement. The successful bidder has to provide the originals to the
concerned authority.
m. The JBVNL will not be responsible for delay in online submission of bids due to any
reason, whatsoever.
n. All required information for bid must be filled and submitted online.
6.4 Details of documents to be furnished for online bidding.

(a) Scanned copies of the following documents to be up-loaded in. pdf format only on the
https://jharkhandtenders.gov.in/ in Eligibility criteria bid envelop/folder.
I. Bank Demand Draft towards Tender fee.
II. Bank Guarantee towards EMD.
III. Eligibility criteria information and supporting documents as specified Eligibility
criteria .
IV. Certificates, undertakings, affidavits as required in Eligibility criteria .
V. Required Annexure.
(b) Scanned copies of the following documents to be up-loaded on the
https://jharkhandtenders.gov.in/ in financial bid envelop/folder.
(i) Duly filled in & digitally signed BOQ (Will be available online in the portal)
(ii) Financial Bid proposal
(c) Scanned copies of all the documents as mentioned under Eligibility criterion and those
mentioned under technical Evaluation
(d) Uploaded documents of successful bidder will be verified with the original before signing
the agreement. The successful bidder has to provide the originals to the concerned
authority on receipt of such a letter, which will be sent though registered post or speed
post or delivered by hand.
(e) Uploaded documents should be digitally singed by the bidders.
6.5 Format & Signing

The RFP shall be submitted in two parts.

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  Eligibility criteria Bid
 Financial Bid
The RFP shall be typed or written in indelible ink and shall be signed by the applicant or a
person or persons duly authorized. Any interlineations, erasures or overwriting shall be
valid only if the person or persons signing the RFP prior to opening of the same initial them.

6.6 Submission of Eligibility criteria bid

a) The bid document should be properly page numbered and appropriately flagged /
tagged; and must contain the list of contents with page numbers. Any deficiency in the
documentation may result in the rejection of the Bid.

b) The Bids prepared by the Bidder and all correspondence and documents relating to the
bids exchanged by the Bidder and the Purchaser, shall be written in English language,
provided that any printed literature furnished by the Bidder may be written in another
language so long the same is accompanied by an English translation in which case, for
purposes of interpretation of the bid, the English translation shall govern.

c) The Tender should be signed on all the pages by the Bidder or his authorised
representative and should be affixed with the bidder’s Seal

d) It shall be deemed that the bidders have done careful study and examination of the
Tender document and has fully understood the implications.

e) The response to the Tender should be full and complete in all respects. Failure to
furnish the requisite information or submission of a proposal not substantially
responsive to the Tender document in every respect will be at the bidder ’s risk and
may result in rejection of the proposal and forfeiture of the EMD.

f) All materials submitted by the bidder become the property of the Purchaser and may
be returned at its sole discretion.

g) All outstation bids should be sent through registered post/speed post/courier.

h) A firm may submit ONLY ONE bid either as a single Bidder on its own, or as a partner in
a Consortium submitting bids in response to these Bidding Documents. Furthermore, a
firm which is a Bidder, whether as a single Bidder or as a partner in a Consortium,

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 cannot be a Subcontractor in other bids.

i) It is proposed to have a Cover System for this tender:

Eligibility criteria Bid – (1 copy) in one cover

6.7 Authentication of Bid

The bid response shall be typed or written in indelible ink. The bid response shall be
signed by the Bidder, or a person or persons duly authorized to bind the Bidder to the
Contract. A letter of authorization shall be supported by a written power-of-attorney
accompanying the bid. All pages of the bid, except for un-amended printed literature,
shall be initiated and stamped by the person or persons signing the bid.

6.8 Validation of interlineations in Bid

The bid shall contain no interlineations, erasures or overwriting except as necessary to

correct errors made by the Bidder, in which case such corrections shall be initiated by
the person or persons signing the bid.

6.9 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid
for the purposes of clarification of the bid, if so desired by the Purchaser. The Purchaser
will in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the Tendering process.

6.10 Language

The Proposal should be filled by the bidders in English language only. If any
supporting documents submitted are in any language other than English,
translation of the same in English language is to be duly attested by the Bidders.
For purposes of interpretation of the documents, the English translation shall
govern.
6.11 Modification and withdrawal of Bids

a) The Bidder is allowed to modify or withdraw its submitted proposal any time prior to
the last date prescribed for receipt of bids, by giving a written notice to the JBVNL.

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 b) After the last date for receipt of bids, no modification of bids shall be allowed.

c) The Bidders cannot withdraw the proposal in the interval between the last date for
receipt of bids and the expiry of the proposal validity period specified in the Proposal.
Such withdrawal may result in the forfeiture of its EMD from the Bidder.

6.12 Proposal Forms

a) Wherever a specific form is prescribed in the Proposal document, the Bidder shall use
the form to provide relevant information. If the form does not provide space for any
required information, space at the end of the form or additional sheets shall be used
to convey the required information.

b) For all other cases, the Bidder shall design a form to hold the required information.

c) JBVNL shall not be bound by any printed conditions or provisions in the Bidder’s
Proposal Forms, packaging document or with extended cable to connect with codec
(according to placement of camera to fix for respective Judges challan.

6.13 Local Conditions

a) Each Bidder is expected to become fully acquainted with the local conditions and
factors, which may affect the performance of the contract and /or the cost.

b) The Bidder is expected to know all conditions and factors, which may have any effect
on the execution of the contract after issue of letter of Award as described in the
bidding document. The JBVNL shall not entertain any request for clarification from the
Bidder regarding such local conditions.

c) It is the Bidder’s responsibility that such factors have been properly investigated and
considered before submitting the proposal. No claim, what-so-ever, including that for
financial adjustment to the contract awarded under the bidding document will be
entertained by the JBVNL. Neither any change in the time schedule of the contract nor
any financial adjustments arising there-of shall be permitted by the JBVNL on account
of failure of the Bidder to know the local laws / conditions.

d) The Bidder is expected to visit and examine and study the location of Govt. offices and

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 its surroundings and obtain all information that may be necessary for preparing the
proposal at its own interest and cost.

6.14 Contacting the Jharkhand Bijli Vitran Nigam Limited, Ranchi

a) Any effort by a Bidder to influence the proposal evaluation, proposal comparison or

contract award decisions may result in the rejection of the proposal.

b) Bidder shall not approach JBVNL officers after office hours and/or outside JBVNL office
premises, from the time of the proposal opening till the time the Contract is awarded.

6.15 Late Bids

a) Bids received after the due date and the specified time (including the extended period
if any) for any reason whatsoever, shall not be entertained and shall be returned
unopened.

b) The bids submitted by telex/telegram/ fax/e-mail etc. shall not be considered. No

correspondence will be entertained on this matter.

c) JBVNL shall not be responsible for any postal delay or non-receipt/ non-delivery of the
documents. No further correspondence on the subject will be entertained.

d) JBVNL reserve the right to modify and amend any of the above-stipulated
condition/criterion depending upon project priorities vis-à-vis urgent commitments.

6.16 Tender Opening

The Proposals submitted up to date and time mentioned in this RFP document by
Proposal evaluation committee authorized by JBVNL, in the presence of such of those
Bidders or their representatives who may be present at the time of opening.
The representatives of the bidders should be advised to carry the identity card or a
letter of authority from the tendering firms to identify their bonafide for attending the
opening of the proposal.

6.17 Tender Validity

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 The offer submitted by the Bidders should be valid for minimum period of 180 days from
the date of submission of Tender.

6.18 Tender Evaluation

a) Each of the responses shall be evaluated as per the criterions and requirements
specified in this RFP.

b) Initial Bid scrutiny will be held, and incomplete details as given below will be treated as
non-responsive. If Proposals.

I. Are found not properly indexed.

II. Are not submitted in as specified in the RFP document.
III. Received without the Letter of Authorization (Power of Attorney)
IV. Are found with suppression of details.
V. With incomplete information, subjective, conditional offers and partial offers
submitted.
VI. Submitted without the documents requested in the checklist.
VII. Have non-compliance of any of the clauses stipulated in the RFP with lesser
validity period.

VIII. All responsive Bids will be considered for further processing as below.
 Tender Committee will prepare a list of responsive bidders, who comply with
all the Terms and Conditions of the Tender. All eligible bids will be
considered for further evaluation by a committee according to the
Evaluation process define in this RFP document. The decision of the
Committee will be final in this regard.
 Tender committee will examine the bids to determine whether they are
complete, whether any computational errors have been made, and whether
the bids are generally in order.
 Arithmetical errors will be rectified on the following basis:

o If there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit

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 price shall prevail and the total price shall be corrected.
o If the Bidder does not accept the correction of the errors, his
proposal will be rejected. If there is a discrepancy between words and
figures, the amount in words will prevail.

c) JBVNL reserves the right to reject any or all proposals based on any deviations.

d) JBVNL also reserves the right to suspend the entire tendering process at any point of
time without assigning any reason whatsoever.

e) The JBVNL may conduct clarification meetings with each or any bidder to discuss any
matters, technical or otherwise.

f) Further, the scope of the tender committee also covers taking any decision with regard
to the Tender Document, execution/ implementation of the project.

g) Proposal shall be opened in the presence of bidder’s representatives who intend to

attend at their cost. The bidders’ representatives who are present shall sign a register
giving evidence of their attendance.

h) Proposal document shall be evaluated as per the following steps.

i. Preliminary Examination of Eligibility criteria documents: The Eligibility criteria

document will be examined to determine whether the bidder meets the
eligibility criteria, whether the proposal is complete in all respects, whether the
documents have been properly signed and whether the bids are generally in
order. Any bids found to be non-responsive for any reason or not meeting the
minimum levels of the performance or eligibility criteria specified in various
sections of this Tender Document will be rejected and will not be considered
further.

ii. Evaluation of document: A detailed evaluation of the bids shall be carried out to
determine whether the bidders are competent enough and whether the technical
aspects are substantially responsive to the requirements set forth in the Tender
Document. Bids received would be assigned scores based on the parameters

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defined under technical Evaluation in section 7 of this RFP. All supporting
document submitted in support of Eligibility Evaluation matrix should comply
the following:-

 Uploaded/submitted Supporting document must be clearly readable.

 Supporting document should clearly indicate value of the completed/on-
going project and scope of work/ services should be clearly highlighted.
 Bidders failing to comply any of the above then the Bid will be summarily
rejected.

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 7

Bid Evaluation

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7) BID EVALUATION
For selection of the final Bidder, the following procedure shall be adopted:

i) All the proposals received by JBVNL would be scrutinized with reference to the Eligibility
Criterion. Those bids that fulfill the eligibility criterion as mentioned in RFP shall go for
Technical Evaluation.
ii) Bidders meeting the Technical Evaluation Criteria shall only be considered for financial
evaluation. These Bidders shall be called as ‘Eligible’ Bidders. The Bidders may please note
that mere meeting of the Technical Evaluation Criteria does not entitle any Bidder the right
for award of contract.
iii) Bidders are required to submit all the documents required for technical evaluation along
with the documents mentioned under Eligibility criterion

7.1 TECHNICAL EVALUATION CRITERIA

Sl. Total
Crite Weightag
No ria e Marks
The Bidder should have a turnover of
at-least 2.5 crore in each of last three
Financial years Audited Annual
Accounts/ CA Certificate / Audited 2020-21 10
1 30
Balance Sheet should be provided along 2021-22 10
with the technical Bid to support the 2022-23 10
same. For each Financial year 10 marks will be
given

2 The Bidder should have positive net worth. 10 10

The Bidder should have executed at least 3 orders of similar
nature of jobs in last 3 years with minimum quantity of 300 10 x 3
user licenses and migration at any Govt. Department /PSU (For
/ Board / Council. For each completed order 10 marks will each
3 30
be given. complete
order 10
marks
willbe
given)
4 5 years’ experience in MS office 365 cloud based Email 10 10
solutions
5. MS Office 365 Cloud qualified professionals (More than 5) 10 10
6. The Bidder should have certified with ISO 9001:2015 and 10 10
ISO 27001:2013
Total 100

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The Bidder needs to score at least 80 marks in technical evaluation for qualifying for financial Bid
evaluation.

7.2 Financial Bid Criteria

The financial bids of only those bidders, who have qualified in the Technical evaluation
process, will be opened. The Financial Bids will be opened, in the presence of Bidders’
representatives who choose to attend the Financial Bid opening on date and time to be
communicated to all the Eligibility criteria qualified Bidders. The Bidder’s representatives
who are present shall sign a register evidencing their attendance. The name of Bidder and
Bid Prices will be announced at the meeting.

7.3 For the purpose of L1 (Least Cost Based Selection) evaluation

 Award Criteria: The Criteria for selection will be the lowest cost to JBVNL for the
technically qualified bids from eligible bidders

 In case, if lowest bidder does not accept the award of contract or is found to be
involved in corrupt and/or fraudulent practices the next lowest bidder will be
awarded the contract after price negotiation, if needed.

 The rates of the bid should remain valid for 180 days.

 The bid price will Exclusive of all taxes and levies and shall be in Indian Rupees.

 Any conditional bid would be rejected.

 Errors & Rectification: Arithmetical errors will be rectified on the following basis:
“If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail
and the total price shall be corrected. If there is a discrepancy between words
and figures, the amount in words will prevail”.

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 In the event the composite bid prices are ‘tied’, JBVNL may negotiate further for
L1 price among those bidders for securing and awarding of this project.

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 8

General Terms and Conditions

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8) GENERAL TERMS & CONDITION

8.1. GENERAL INSTRUCTIONS

a. Tendering authority will receive bids in respect of services as set forth in the
accompanying Tender document.
b. All bids shall be prepared and submitted in accordance with terms and conditions of this
Tender Document.
c. The Bidder, in his own interest is requested to read very carefully these instructions and
the terms and conditions as incorporated in General Conditions of Contract and
Technical specification before filling and submitting the Bids.
d. If the bidder has any doubt as to the meaning of any provisions or any portion thereof,
he shall before submit the Bid, may refer the same to the Tendering Authority in writing,
well in time before the specified date of opening of Bids so that such doubts may be
clarified.
e. Submission of the Bid shall be deemed to be the conclusive proof of the fact that the
Bidder has acquainted himself and is in agreement with all the instructions, terms and
conditions governing this Tender document unless otherwise specifically indicated/
commented by him in his Bid.
f. Bids submitted after the time and date fixed for receipt of bids as set out in the
invitation to Bid shall be rejected and returned to the bidders.
g. The works referred herein shall cover the entire scope of the proposal which include
commissioning and erection of equipment including the successful completion of
performance and guarantee tests which the Discom desires to get executed.

8.2 FIELD CONDITIONS

a. The geographical conditions of the JBVNL is not same and have different terrain. The
details of the area covered is mentioned in the table at the Introduction Section.
b. The bidder may in its own interest, before submitting the bid, inspect and examine the
area involved and satisfy it regarding the existing system.
c. For ascertaining the existing system, condition’s etc., the agency may contact the
Tendering Authority.

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 d. No claim from Bidder or Agency for change in the bid or terms & conditions of the
contract shall be entertained on the ground that the conditions are different than what
were contemplated by them at the time of submitting the bids.

8.3 SUCCESSFUL IMPLEMENTATION AND GOOD PERFORMANCE

a. Any work if specifically, not mentioned but reasonably implied for the successful
implementation and good performance of the proposed work is deemed to be included
and has to be executed within the ordered price.

8.4 DEVIATION FROM BID DOCUMENTS

a. The bidder should comply all requirements set out in the bidding document and NO
TECHNICAL and COMMERCIAL Deviation shall be entertained.
b. The Bids with Deviation from the requirement laid down in this document shall be
considered as non-Responsive.
c. The offer must have ‘No Deviation’ certificate as per bid document.

8.5 CONFIDENTIALITY
a. As used herein, the term “Confidential Information” means any information, including
information created by or for the other party, whether written or oral, which relates to
internal controls, computer or data processing programs, algorithms, electronic data
processing applications, routines, subroutines, techniques or systems, or information
concerning the business or financial affairs and methods of operation or proposed
methods of operation, accounts, transactions, proposed transactions or security
procedures of either party or any of its affiliates, or any client of either party, except
such information which is in the public domain at the time of its disclosure or
thereafter enters the public domain other than as a result of a breach of duty on the
part of the party receiving such information. It is the express intent of the parties that
all the business process and methods used by the Bidder in rendering the services
hereunder are the Confidential Information of the Bidder.

b. The Bidder shall keep confidential, any information related to this tender, with the
same degree of care as it would treat its own confidential information. The Bidders
shall note that the confidential information will be used only for the purposes of this
tender and shall not be disclosed to any third party for any reason what-so-ever.

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 c. At all times of the performance of the services, the Bidder shall abide by all applicable
security rules, policies, standards, guidelines and procedures. The Bidder should note
that before any of its employees or assignees is given access to the Confidential
Information, each such employee and assignees shall agree to be bound by the terms
no less onerous than those contained under this tender and such rules, policies,
standards, guidelines and procedures by its employees or agents.
d. The Bidder should not disclose to any other party and keep confidential the terms and
conditions of this Contract agreement, any amendment hereof, and any Attachment or
Annexure hereof.
e. The obligations of confidentiality under this section shall survive rejection of the
contract.

8.6 PUBLICITY

Any publicity by the bidder containing the name of JBVNL should be done only with the
explicit written permission from JBVNL.

8.7 EXECUTION OF CONTRACT

After acknowledgement of the LoA by the selected bidder, a performance security of 10%
of contract value must be deposited in the form of BG of any nationalized /Scheduled
Bank in the name of The GENERAL MANAGER IT, JBVNL, Jharkhand Bijli Vitran Nigam
Limited, Ranchi, with the validity of six months beyond end of contract period and shall
sign the Agreement as intimated by the JBVNL.

8.8 LACK OF COMPETITION

A situation may arise where, after evaluation of Bids, the Tendering Authority may end-
up with one responsive bid only. In such a situation, the Tendering authority reserves
the right to take action as per the prevailing rules.

9) TERMS AND CONDITIONS: APPLICABLE POST AWARD OF CONTRACT

9.1. General Terms and Conditions

9.1.1 The Agency should use all necessary professional skill, care and efficiency in the

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 performance of the work
9.1.2 Agency shall not engage in any action which would adversely affect the
reputation of JBVNL and shall exert good faith efforts to fulfil the commitments
in accordance with the terms of contracts
9.1.3 Agency should maintain a close and continuing relation with the JBVNL
Headquarters, field offices at Electric Supply Area/ Circle/ Division/ Sub-
Divisional level
9.1.4 The Agency shall, in all matters arising in the performance of the Contract
comply with in all respects with, give all notices and pay all fees required by the
provisions of any national or state statute, ordinance or law or any regulation
or by-law of any duly constituted authority
9.1.5 The Agency shall be liable to, and shall indemnify JBVNL in respect of all injury
to person or damage to property resulting from the negligence of the Agency or
its workman.
9.1.6 JBVNL shall neither be responsible for death, accident or injury to the staff
engaged by the Agency during the course of their duties nor be liable to pay
damages or compensation to such person or third parties.
9.1.7 The job covered by this Contract is of a temporary nature.
9.1.8 The Agency should have presence in Jharkhand for local support and shall
deploy adequate manpower to carry out this job.
9.1.9 Any liability arising to JBVNL on account of any omission on part of the
Contractor shall be on the Agency.
9.1.10 The Agency shall be required to perform its duties as per all the terms and
conditions specified in the agreement

9.2 Termination Clause

9.2.1 Termination for Default

A The tender sanctioning authority of JBVNL may, without prejudice to any other remedy
for breach of contract, by a written notice of default of at least 30 days sent to the
supplier/ selected bidder, terminate the contract in whole or in part:

i. If the supplier/ selected bidder fails to deliver any or all quantities of the service
within the time specified in the contract, or any extension thereof granted by
JBVNL; or

ii. If the supplier/ selected bidder fails to perform any other obligation under the
contract within the specified period of delivery of service or any extension granted
thereof; or

iii. If the supplier/ selected bidder, in the judgment of the Purchaser, is found to be
engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or
in executing the contract.

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 iv. If the supplier/ selected bidder commits breach of any condition of the contract.

v. If JBVNL terminates the contract in whole or in part, amount of PSD (Performance

Security Deposit) may be forfeited. The decision on the same shall lie on MD,
JBVNL

1. Delays in performance by the Agency

Performance of the Contract shall be made by the Agency in accordance with the
service level agreement as indicated in tender document.
Any delay by the Agency in the performance of its contract obligations shall render
the Agency liable to penalty as per SLA.
2. Termination for Insolvency

JBVNL may at any time terminate the Contract by giving a written notice of at least
30 days to the supplier/ selected bidder, if the supplier/ selected bidder becomes
bankrupt or otherwise insolvent. In such event, termination will be without
compensation to the supplier/ selected bidder, provided that such termination will
not prejudice or affect any right of action or remedy that has accrued or will accrue
thereafter to JBVNL.

9.3 Dispute Resolution Mechanism

In case of any dispute, MD JBVNL shall be the sole authority and his decision on such
matters shall be final.

9.4 Notices
Notice or other communications given or required to be given under the contract shall be
in writing and shall be faxed/e-mailed followed by hand-delivery with acknowledgement
thereof or transmitted by pre-paid registered post or courier. Any notice or other
communication shall be deemed to have been validly given on date of delivery if hand
delivered & if sent by registered post than on expiry of seven days from the date of posting.
9.5 Force Majeure
Force Majeure is herein defined as any cause, which is beyond the control of the selected
bidder or JBVNL which they could not foresee or with a reasonable amount of diligence
could not have foreseen and which substantially affect the performance of the contract,

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such as:
1. Natural phenomenon, including but not limited to floods, droughts, earthquakes,
and epidemics.
2. Acts of any government, including but not limited to war, declared or undeclared
priorities, quarantines and embargos.
3. Terrorist attack, public unrest in work area provided either party shall within 10
days from occurrence of such a cause, notifies the other in writing of such causes.
The bidder or JBVNL shall not be liable for delay in performing his/her obligations
resulting from any force majeure cause as referred to and/or defined above. Any
delay beyond 30 days shall lead to termination of contract by parties and all
obligations expressed quantitatively shall be calculated as on date of termination.
Notwithstanding this, provisions relating to indemnity, confidentiality survive
termination of the contract.
9.6 Failure to agree with Terms and Conditions of the RFP

Failure of the successful bidder to agree with the Terms & Conditions of the RFP shall
constitute sufficient grounds for the annulment of the award, in which event JBVNL may
award the contract to the next best value bidder or call for new proposals from the
interested bidders or invoke the PBG of the most responsive bidder.
9.7 Contract Performance Bank Guarantee

Within 1month after the receipt of notification of award of the Contract from the JBVNL,
the successful Bidder shall furnish Contract Performance Bank Guarantee to the JBVNL,
Ranchi, which shall be equal to 10% of Contract Value and shall be in the form of a Bank
Guarantee Bond/DD from a Nationalized Bank/Scheduled Bank in the Performa given here-
in-after in this document valid for total Contract Period + 180 Days.
The proceeds of the performance guarantees shall be payable to the Purchaser as
compensation for any loss / penalties resulting from the Suppliers failure to complete its
obligations under the contract.
The performance guarantee will be discharged by the purchaser and returned to the
Supplier within 60 days following the date of completion of the Suppliers performance

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obligations, including any warranty obligations under the Contract.
9.8 Statutory Requirements

During the tenure of this contract, nothing shall be done by the Selected Bidder in
contravention of any law, act and/ or rules/regulations, there-under or any amendment
thereof governing inter-alia customs, stowaways, foreign exchange etc. and shall keep
JBVNL indemnified in this regard.

9.9 Right of Monitoring, Inspection and Periodic Audit

The JBVNL reserves the right to inspect and monitor / assess the progress /performance at
any time during the course of the Contract. The JBVNL may demand, and upon such
demand being made, the selected bidder shall provide with any document, data, material
or any other information required to assess the progress of the project. The JBVNL shall
also have the right to conduct, either itself or through any another agency as it may deem
fit, an audit to monitor the performance by the Selected Bidder of its obligations/functions
in accordance with the standards committed to or required by the JBVNL and the Selected
Bidder undertakes to cooperate with and provide to the JBVNL/ any other Consultant/
Agency appointed by the JBVNL, all documents and other details as may be required by
them for this purpose. Any deviations or contravention identified as a result of such
audit/assessment would need to be rectified by the Selected Bidder failing which the JBVNL
may, without prejudice to any other rights that it may have, issue a notice of default.

9.10 JBVNL’s Obligations

JBVNL shall interface with the Selected Bidder, to provide the required information,
clarifications, and to resolve relevant issues as may arise during the execution of the
Contract.
JBVNL shall ensure that timely approval is provided to the selected Bidder, where deemed
necessary, which should include diagram / plans and all specifications related to services
required to be provided as part of the Scope of Work.

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9.11 Information Security

The Selected Bidder shall not carry and/or transmit any material, information, layouts,
diagrams, storage media or any other goods/material in physical or electronic form, which
are proprietary to or owned by the JBVNL, out of premises, without prior written
permission from the JBVNL.

The Selected Bidder shall, upon termination of this agreement for any reason, or upon
demand by JBVNL, whichever is earliest, return any and all information provided to the
Selected Bidder by JBVNL, including any copies or reproductions, both hard copy and
electronic.
9.12 Indemnity

The Selected Bidder shall execute and furnish to the JBVNL, a Deed of Indemnity in favor of
the JBVNL, in a form and manner acceptable to the JBVNL, indemnifying JBVNL from and
against any costs, loss, damages, expense, claims including those from third parties or
liabilities of any kind how-so-ever suffered including patent, copyright, trademark and
trade secret, arising or incurred inter-alia during and after the Contract period out of:
Negligence or wrongful act or omission by the Selected Bidder or it’s team or any Agency/
Third Party in connection with or incidental to this Contract; or Any breach of any of the
terms the Selected Bidder’s Proposal as agreed, the Tender and this Contract by the
Selected Bidder, its Team, or any Agency/ Third Party. The indemnity shall be to the extent
of 10% of project cost in favor
of the JBVNL.

9.13 Prices

Prices quoted must be firm and shall not be subject to any upward revision on any account
what-so-ever throughout the contract period and thereafter it should be valid for next 2
years.

9.14 Conflict of interest

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The Bidder shall disclose to JBVNL in writing, all actual and potential conflicts of interest
that exist, arise, or may arise (for the Vendor the Bidders team) in the course of performing
the Service(s) as soon as practical after it becomes aware of that conflict.

9.15 Severance

In the event any provision of the Contract is held to be invalid or unenforceable under the
applicable law, the remaining provisions of this Contract shall remain in full force and
effect.

9.16 Governing Language

The Agreement shall be written in English language. Subject to below Clause, such language
versions of the Agreement shall govern its interpretation. All correspondence and other
documents pertaining to the Contract that are exchanged by parties shall be written in
English language only.

9.17 “No Claim” Certificate

The Selected Bidder shall not be entitled to make any claim, whatsoever against JBVNL,
under or by virtue of or arising out of, the contract, nor shall JBVNL entertain or consider
any such claim, if made by the Selected Bidder after it has signed a “No claim” certificate in
favour of JBVNL in such form as shall be required by it after the work is finally accepted.

9.18 Publicity

The Selected Bidder shall not make or permit to be made a public announcement or media
release about any aspect of this Contract unless the JBVNL first gives its written consent to
the selected bidder.

9.19 Replacement of onsite Resources:

Except as the Client may otherwise agree in writing, no changes shall be made in the onsite

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 resource.
Notwithstanding the above, the substitution of onsite resource during contract execution
may be considered only based on SI’s written request and due to circumstances outside the
reasonable control of the SI, including but not limited to death or medical incapacity or left
from organization. In such case, SI shall forth with provide as a replacement, a person of
equivalent or better qualifications and experience, and at the same rate of remuneration.
In case Onsite depute personnel leaves the organization than resignation letter and
relieving letter needs to be submitted with a replacement request for the personnel.

9.20 Validity of Agreement

Agreement will be valid for the entire contract period subject to the completion of work
and due performance under contract.

Relationship between the Parties

a. Nothing in the Contract constitutes any fiduciary relationship between the JBVNL and
Selected Bidder/ Bidder’s Team or any relationship of employer employee, principal and
agent, or partnership, between the JBVNL and Selected Bidder.
b. No Party has any authority to bind the other Party in any manner whatsoever except as
agreed under the terms of the Contract.
c. JBVNL will not be under any obligation to the SI except as agreed under the terms of the
Contract.
9.21 No Assignment

The Selected Bidder shall not transfer any interest, right, benefit or obligation under the
contract without the prior written consent of JBVNL.
9.22 Survival

The provisions of the clauses of the Contract in relation to documents, data, processes,
property, Intellectual Property Rights, indemnity, publicity and confidentiality and
ownership survive the expiry or termination of this Contract and in relation to

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 45/ 77

confidentiality, the obligations continue to apply unless JBVNL notifies the Selected Bidder
of its release from those obligations.

9.23 Entire Contract

The terms and conditions laid down in the Tender and all annexure thereto as also the
Proposal and any attachments/annexes thereto shall be read in consonance with and form
an integral part of the Contract. The Contract supersedes any prior contract, understanding
or representation of the Parties on the subject matter.
9.24 Governing Law

This contract shall be governed in accordance with the laws of India.

9.25 Jurisdiction of Courts

The High Court at, Ranchi, Jharkhand has exclusive jurisdiction to determine any
proceeding in relation to the Contract.

9.26 Compliance with Laws

The Selected Bidder shall comply with the laws in force in India in the course of performing
the Contract.
9.27 Notices
A “notice” means:

i) a notice; or
ii) A consent, approval or other communication required to be in writing under
the Contract. All notices, requests or consent provided for or permitted to be
given under this Contract shall be in writing and shall be deemed effectively
given when personally delivered or mailed by pre-paid certified/registered
mail, return receipt requested, addressed as follows and shall be deemed
received two days after mailing or on the date of delivery if personally
delivered.
9.28 Renewal of Licences
All user licences shall valid for one year and further renewal will be made based on
mutual consent subject to satisfactory performance of SI.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 46/ 77

 10

Payment Terms

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 47/ 77

10) PAYMENT TERMS
SI Milestones Activity Document % of contract value
required
1 Supply of Office 365 Supply of Office List of Licenses of 15%
apps for Enterprise 365 apps for Office 365 for
Enterprise Enterprise
2 Installation of Office Installation of On submission of 15%
365 apps for Office 365 apps installation Report
Enterprise for Enterprise of Office 365 for
Enterprise
3 Implementation and Implementation On submission of 15%
Migration of existing and Migration of implementation
Email in Office 365 existing Email in and migration
Email solution Office 365 Email Report of Office
solution 365 Email solution
4 Outlook Configuration Outlook On submission of 15%
of all Email user of Configuration of outlook
JBVNL all Email user of configuration
JBVNL Report of Office
365 Email solution
5 Support Services Depute one Quarterly 40% (On prorata basis is
manpower in Satisfactory 4 quarters after go-
JBVNL HQ for day Performance live/commencement of
to day support report from services i.e. 10% per
and coordination Engineer-in-Charge Quarter)

10.1 Paying Authority:

Sr. Manager (F&A) ADP., JBVNL will be paying authority. Invoice shall be submitted in
triplicate verified by EE(IT)-cum-Engineer-In-Charge and counter signed by GM(IT).
10.2 Source of Fund:
ADP F.Y. 2023-24.
10.3 Engineer-In-Charge:
EE (IT), JBVNL Hq. shall act as Engineer-in-Charge.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 48/ 77

 11

Project Timeline

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 49/ 77

11) PROJECT TIMELINE
The project will be delivered within 3 month from the issuance of Work Order and support
services will be valid upto project completion.

SI Milestones Activity Time Period

1 Supply of Office 365 apps for Supply of Office 365 apps 3 Months from Award of
Enterprise for Enterprise Work

2 Installation of Office 365 apps Installation of Office 365

for Enterprise apps for Enterprise

3 Implementation and Migration Implementation and

of existing Email in Office 365 Migration of existing
Email solution Email in Office 365 Email
solution

4 Outlook Configuration of all Outlook Configuration of

Email user of JBVNL all Email user of JBVNL

5 Support Services Depute one manpower 1 Year

in JBVNL HQ for day to
day support and
coordination

The Agency has to submit the plan for customization and rollout of the scope of the work as
per the terms and conditions of the award, escalation matrix etc.. Penalty will be levied for
delay in execution and rollout as per the Penalties given in this Tender document.

11.1 Commencement of Services :- After completion of all activities from 1 to 4 in all

respect, commencement of services will be considered.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 50/ 77

12) Delay in Implementation

12.1 Liquidated damages(LD)

The Agency is expected to meet the timelines as mentioned in this RFP in the normal
course of implementation as per the detailed scope of work. In case of unjustified delay on
any part of the activities, JBVNL will reserve the rights to levy penalties on the Agency. A
penalty of 1% of project cost /week will be levied of delay up to 8 weeks. Any penalties/
liquidated damages, as applicable, for delay and non-performance, as mentioned in this
RFP, will be deducted from the payments for the respective milestones. Once the limit is
reached, the JBVNL / User Department may consider forfeiting PBG and the contract may
be liable for termination, in part or whole, at the discretion of JBVNL and at the risk and
cost of the selected Bidder. If the work is not completed after the 8th week delay, contract /
Order may be cancelled and JBVNL may forfeit performance bank guarantee.

12.2 Service Level Agreement

SLA for Uptime of the solution/ service: As per the current standard Service Level
Agreement for Microsoft Online Services, the SLA must be financially backed with
99.9% uptime. The Service uptime agreement for the proposed solution should have
uptime commitments and have transparent credit calculations in case of uptime not
being met for any service(s).SLA will be applicable during support period.
1. The successful bidder will adhere to the following Service Level Agreements (SLA) related
to support for solution implemented/services provided:
S.No SLA for uptime of the solution Penalty
1 >=99% NIL
2 99 to 97% uptime 0.1 % of total cost
3 97 % to 95 % uptime 0.2% of total cost
4 Below 95% uptime 0.3% of total cost

The uptime will be calculated as per the formula given below:

Uptime (%) = (Sum of total hours during month – Sum of downtime hours during month)

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 51/ 77

X 100 / Sum of total hours during month
Total hours in a month will be taken as: 24hrs* no. of days in respective month

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 52/ 77

 13

BOQ

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 53/ 77

SL Total Price per Unit
Item Total price(INR)
No unit (INR)
1 Office 365 apps for Enterprise(Online and Offline) 300
2 Office 365 Email Solution 300
3 Installation, Migration & other charges 300
Total (excluding GST)
Total (including GST)

Note- Total unit mentioned is only for bidding purpose, actual quantity of licenses will be
intimated after finalization of tender.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 54/ 77

 14

Annexure

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 55/ 77

 ANNEXURE I – Proposal Covering Letter

(A copy to be enclosed with each part of proposal)

Date: ………………
To,
The GENERAL MANAGER IT, JBVNL,
Jharkhand Bijli Vitran Nigam Limited,
HEC Building, Dhurwa,
Ranchi, Jharkhand – 834004
Email: itcelljbvnl@gmail.com
Tel: 0651-2401044
Fax: 0651-2401040

Dear Sir,
We …………………………. (Name of the bidder) hereby submit our proposal in response to notice
inviting tender date ……………. And tender reference no. ……………………. And confirm that:

1. All information provided in this proposal and in the attachments is true and correct to the
best of our knowledge and belief.

2. We shall make available any additional information if required to verify the correctness of
the above statement.

3. Certified that the period of validity of bids is 180 days from the last date of submission of
proposal, and

4. We are quoting for all the services mentioned in the tender.

5. We the Bidders are not under a Declaration of Ineligibility for corrupt or fraudulent
practices or blacklisted by any of the Government agencies.

6. Jharkhand Bijli Vitran Nigam Limited, Ranchi may contact the following person for further
Information regarding this tender:

a. Name and full address of office, Contact No., Email ID, Company Name b.
Name and full address of office, Contact No., Email ID, Company Name

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 56/ 77

7. We are submitting our Eligibility Criteria proposal bid documents and Eligibility criteria bid
documents.
8. The hard copy format is also similarly indexed, flagged and highlighted at relevant places.

Yours sincerely,
Signature & Seal
Full name of signatory
Designation
Name of the bidder (firm etc.)

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 57/ 77

 ANNEXURE II: Format for Power of Attorney

(To be uploaded in as part of Eligibility criteria on stamp paper of value required under law duly
signed by ‘lead bidder’ for the tender and original to be provided along with hard copy of
Eligibility criteria )

Dated: ___________

POWER OF ATTORNEY

To Whomsoever It May Concern

Know all men by these presents, we _________ (name and registered office address of the
Bidder) do hereby constitute, appoint and authorize _________ (Name of the Person(s)),
domiciled at ___________ (Address), acting as ______ (Designation and the name of the firm),
as Authorized Signatory and whose signature is attested below, as our attorney, to do in our
name and on our behalf, all such acts, deeds and things necessary in connection with or
incidental to our Proposal for award of Agreement “Office 365 apps for Enterprise with
Exchange Email Solution .

” as per agreement with JBVNL, vide Invitation for Tender (Tender Document) Document dated
____ , issued by The GENERAL MANAGER IT, JBVNL, Jharkhand Bijli Vitaran Nigam Limited,
Ranchi, including signing and submission of all documents and providing information and
responses to clarifications / enquiries etc. as may be required by Jharkhand Bijli Vitaran Nigam
Limited, Ranchi or any governmental authority, representing us in all matters before Jharkhand
Bijli Vitaran Nigam Limited, Ranchi, and generally dealing with JBVNL in all matters in
connection with our Proposal for the said Project. We hereby agree to ratify all acts, deeds and
things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts,
deeds and things done by our aforesaid attorney shall and shall always be deemed to have
been done by us.

For ---------------------

(Signature & Seal)

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 58/ 77

(Name, Title and Address)

Accept

(Attested signature of Mr._____________________________)

(Name, Title and Address of the Attorney)

Notes:

- To be executed by the Bidder

- The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required the same should be under common seal affixed in
accordance with the required procedure.
- Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a resolution / power of attorney in favour of the
Person executing this Power of Attorney for the delegation of power hereunder on behalf of
the executants(s). Or
- Organizations are having their own POA format (legal document registered on Stamp Paper)

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 59/ 77

 ANNEXURE III-Financial Proposal Format

Tender Reference No.: .....................................................................

To

The GENERAL MANAGER IT, JBVNL,

Jharkhand Bijli Vitran Nigam Limited,
HEC Building, Dhurwa,
Ranchi, Jharkhand – 834004
Email: itcelljbvnl@gmail.com
Tel: 0651-2401044
Fax: 0651-2401040

Sub: Proposal for Office 365 apps for Enterprise with Exchange Email Solution .

Dear Sir,

We, the undersigned, offer to provide above service in accordance with your RFP. Our financial
proposal for project is given as below:

SL Total Price per Unit

Item Total price(INR)
No unit (INR)
1 Office 365 apps for Enterprise (Online and Offline) 300
2 Office 365 Email Solution 300
3 Installation, Migration & other charges 300
Total (excluding GST)
Total (including GST)

OPTIONAL ITEM:

The quoted prices are exclusive of applicable service tax/GST. Any statutory variation and
imposing new tax by government shall be on Discom account.
Note: * We understand that the financial evaluation & Selection of bidder shall be on the
basis of criteria as defined in respective section.
# We understand that optional prices quoted shall not be the deciding factor for
evaluation of L1 bidder and the DISCOM is not bound to consider our quoted price and
shall finalize the optional price which is most competitive and beneficial to the Nigam.

In Words…………………………………………………………………………………………………………Only. This figure

will be used for final financial evaluation.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 60/ 77

Our financial proposal shall be binding upon us subject to any modifications resulting from
contract negotiations, up to the expiration of the validity period of the proposal, i.e. 180
(days).

We undertake in competing for and, if the award is made to us, in executing the above
services, we will strongly observe the laws against fraud and corruption to force in India
namely Prevention of Corruption Act 1988. We understand that you are not bound to accept
any proposal you receive.

Yours faithfully,

(Authorized signatory)

Date:

Name:

Designation:

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 61/ 77

 ANNEXURE-IV- Bank Guarantee Format for Earnest Money Deposit

(To be uploaded in as part of Eligibility criteria on stamp paper of value required under law duly
signed by authorized representative of Bank and original to be provided along with hard copy of
Eligibility criteria )

This Deed of Guarantee executed at ________________ by ______ /____________

(Name of the Nationalized/ Scheduled Bank) having its Head / Registered

office at , a n d h a v i n g o n e o f i t s b r a n c h e s a t Ranchi
( h e r e i n a f t e r referred to as “the Guarantor”) which expression shall unless it be
repugnant to the subject or context thereof include its heirs, executors, administrators,
successors and assigns;

In favour of Chief Executive Officer, Jharkhand Agency for Promotion of information

and technology (JBVNL), Government of Jharkhand, having its office at Engineers Hostel-
I, Dhurwa, Near Goal Chakkar, Ranchi, Jharkhand (hereinafter referred to as “JBVNL”)
which expression shall unless it be repugnant to the subject or context thereof
include its heirs, executors, administrators, successors and assigns;

Whereas Name of the bidder ----------------------------, a Company / partnership firm

/proprietorship concern registered under the -------- (name of the relevant act/law Under
which incorporated) having its registered office at -------------- (hereinafter called
“Bidder” which expression shall unless it be repugnant to the subject or context here of
include its executors, administrators, successors and assigns) has submitted its Proposal for
Office 365 apps for Enterprise with Exchange Email Solution .

”, in Jharkhand vide Invitation for Tender Reference No................. dated issued

by JBVNL Government of Jharkhand (hereinafter referred to as “the Project”).

Whereas in terms of the Invitation for Tender Reference No and dated (hereinafter
referred to as Tender Document) issued by JBVNL, the Bidder is required to furnish to
JBVNL an unconditional and irrevocable Bank Guarantee for an amount as mentioned in
this RFP as Earnest Money Deposit and the Guarantor has at the request of the Bidder
agreed to provide such Guarantee being these presents:

Now this Deed witnessed that in consideration of the premises, we, Bank hereby
agree, declare, undertake, and guarantee as follows:

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 62/ 77

1) We as primary obligor hereby irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfilment and compliance of the terms and conditions
of the tender by the said Bidder and unconditionally and irrevocably undertake to
pay forthwith to JBVNL an amount not exceeding INR ……………………………….. (INR
……………………… only) without any demur, reservation, recourse, contest or protest and
without reference to the Bidder, if the Bidder has failed to comply with and fulfil all
or any of the terms and conditions contained in the tender. A letter from JBVNL
stating that the Bidder is in default in the due and faithful fulfilment and
compliance with the terms and conditions contained in the tender shall be final,
conclusive and binding on the Bank, in respect of the forfeiture of the Earnest Money
Deposit and the amount due and payable under this Guarantee.

2. This Guarantee shall remain in full force and effect for a period of 180 (One
hundred and Eighty) days from the(Proposal Due Date).

3. Subject to clause 1 above, any claim for payment under this Guarantee shall be in
the form of a written declaration by JBVNL.

4. We .................... Bank further agree that JBVNL shall be the sole judge as
regards the determination as to whether the Bidder is in default of due and
faithful fulfilment and compliance of the terms and conditions contained in the
Tender and the decision of JBVNL in this regard shall be final and binding on us,
notwithstanding any differences between JBVNL and the said Bidder and/or any
dispute between JBVNL and the Bidder pending before any Court, Tribunal,
Arbitrator or any other authority.
5. JBVNL shall have the full liberty without affecting in any way the liability of the
Bank under this Guarantee from time to time to vary any other terms and conditions
of the said Tender document or to extend the time frame for completion of bidding
process or the period of fulfilment and compliance with the terms and conditions
contained in the said Tender document by the said Bidder or to postpone for any
time and from time to time any of the powers exercisable by it against the said
Bidder and either to enforce or forbear from enforcing any of the terms and
conditions contained in the said Tender document or the securities available to
JBVNL and the bank shall not be released from its liability under these presents by
any exercise by JBVNL of the liberty with reference to the matters aforesaid or by
reason of time being given to the said Bidder or any other forbearance, act or
omission on the part of JBVNL or any indulgence by JBVNL to the said Bidder or of any
other matter or thing whatsoever which under the law relating to sureties would but

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 63/ 77

 for this provision have the effect of releasing the Bank from its such liability. Any
notice by way of request, demand or otherwise hereunder shall be sent by courier or by
registered mail to the Bank, addressed as aforesaid. We undertake to make the
payment on receipt of your notice of claim on us addressed to (name of Bank along
with branch address) and delivered at our above branch that shall be deemed to have
been duly authorized to receive the said notice of claim.

7. It shall not be necessary for JBVNL to proceed against the said Bidder before
proceeding against the bank and the Guarantee herein contained shall be
enforceable against the bank, notwithstanding any other security which JBVNL may
have obtained or obtained from the said Bidder, shall at the time when proceedings
are taken against the bank hereunder, be outstanding or unrealized.
8. We _________________ Bank lastly undertake not to revoke this guarantee during
its currency except with the previous express consent of JBVNL in writing and agree
that any change in the constitution of the Bank or the said Bidder shall not discharge
our liability hereunder.

9. The Bank declares that it has the power to issue this guarantee and the
undersigned have full powers to do so on behalf of the Bank.

Date _______ day of __________ 2018

Signature of the Issuing / Authority with seal

CORPORATE SEAL
for Bank

Note: A covering letter of confirmation is also to be given by the bank along with this bank
guarantee.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 64/ 77

 ANNEXURE-V- Declaration for not Black Listed
(To be uploaded in as part of Eligibility criteria duly signed by ‘lead bidder’ for the tender and
original to be provided along with hard copy of Eligibility criteria )

Date

To,

The GENERAL MANAGER IT, JBVNL,

Jharkhand Bijli Vitran Nigam Limited,
HEC Building, Dhurwa,
Ranchi, Jharkhand – 834004
Email: itcelljbvnl@gmail.com
Tel: 0651-2401044
Fax: 0651-2401040

Dear Sir,

Ref.: Tender No.

I / We .......... hereby confirm that our firm has not been banned or blacklisted by any
government organization/Financial institution/Court /Public sector Unit /Central
Government.
Signature of Bidder ...................................................................................... Place:
Name ............................................................................................................Date:

Designation .......................

Seal

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 65/ 77

 ANNEXURE VI – Draft Performance Guarantee

(To be issued by a Bank)

This Deed of Guarantee executed at ————————— by ———————— (Name of the

Bank) having its Head/Registered office at —————————————— (hereinafter referred
to as “the Guarantor”) which expression shall unless it be repugnant to the subject or context
thereof include its heirs, executors, administrators, successors and assigns.
In favour of The GENERAL MANAGER IT, JBVNL of Jharkhand Bijli Vitran Nigam Limited, Ranchi,
having its office at HEC Building, Dhurwa, Ranchi, Jharkhand – 834004 (hereinafter called
“GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi” which expression shall unless it be repugnant to
the subject or context thereof include its heirs, executors, administrators, successors and
assigns);

Whereas M/s _________. A company formed under ____________ (specify the applicable law)
and having its registered office at ____________ has been, consequent to conduct and
completion of a competitive bidding process in accordance with the letter of requirements
document No._______________ dated __/__/2018 issued by GENERAL MANAGER IT, JBVNL,
JBVNL, Ranchi, and selected M/s ___________ (hereinafter referred to as the Bidder) for the
Agreement by GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi as more specifically defined in the
aforementioned Document including statement of work and the Agreement executed
between the GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi and Bidder. The Agreement
requires the Bidder to furnish an unconditional and irrevocable Bank Guarantee for an amount
of Rs._____ /- (Rupees ____________________________________only) by way of security for
guaranteeing the due and faithful compliance of its obligations under the Agreement.

Whereas the Bidder approached the Guarantor, and the Guarantor has agreed to provide a
Guarantee being these presents:
Now this Deed witnessed that in consideration of the premises, we, _______Bank hereby
guarantee as follows:

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 66/ 77

1. The Bidder shall implement the Project, in accordance with the terms and subject to the
conditions of the Agreement, and fulfil its obligations there under
2. We, the Guarantor, shall, without demur, pay to GENERAL MANAGER IT, JBVNL, JBVNL,
Ranchi, an amount not exceeding Rs. _______________ (Rupees
_________________________________ only) within 7 (seven) days of receipt of a
written demand therefore from GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi stating
that the Bidder has failed to fulfil its obligations as stated in Clause 1 above.
3. The above payment shall be made by us without any reference to the Bidder or any
other person and irrespective of whether the claim of the GENERAL MANAGER IT,
JBVNL, JBVNL, Ranchi is disputed by the Bidder or not.
4. The Guarantee shall come into effect from______ (Start Date) and shall continue to be
in full force and effect till the earlier of its expiry on ________ (Expiry Date) (both dates
inclusive) or till the receipt of a claim, from the Jharkhand Bijli Vitaran Nigam Limited,
Ranchi, Government of Jharkhand under this Guarantee, which is one month after the
expiry of performance guarantee, whichever is earlier. Any demand received by the
Guarantor from GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi prior to the Expiry Date
shall survive the expiry of this Guarantee till such time that all the moneys payable
under this Guarantee by the Guarantor to GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi.
5. In order to give effect to this Guarantee, GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi
shall be entitled to treat the Guarantor as the principal debtor and the obligations of the
Guarantor shall not be affected by any variations in the terms and conditions of the
Agreement or other documents by GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi or by
the extension of time of performance granted to the Bidder or any postponement for
any time of the power exercisable by GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi
against the Bidder or forebear or enforce any of the terms and conditions of the
Agreement and we shall not be relieved from our obligations under this Guarantee on
account of any such variation, extension, forbearance or omission on the part of
GENERAL MANAGER IT, JBVNL, JBVNL, Ranchi or any indulgence by GENERAL MANAGER
IT, JBVNL, JBVNL, Ranchi to the Bidder to give such matter or thing whatsoever which

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 67/ 77

 under the law relating to sureties would but for this provision have effect of so relieving
us.
6. This Guarantee shall be irrevocable and shall remain in full force and effect until all our
obligations under this guarantee are duly discharged.
7. The Guarantor has power to issue this guarantee and the undersigned is duly authorized
to execute this Guarantee pursuant to the power granted under ______________.

In witness, whereof the Guarantor has set its hands hereunto on the day, month and year first
here-in-above written.

Signed and Delivered by ____________ Bank by the hand of Shri_______________ its

Authorized Signatory ____________.

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 68/ 77

 ANNEXURE VII: Pre-Contract Integrity Pact

1. GENERAL

1.1. This pre-bid contract Agreement (hereinafter called the Integrity Pact) is
made on …. .................................... Day of the month ..................................... 2024

between, the Government of Jharkhand acting through Shri……………………. (Name &

Designation of the officer, Department) Government of Jharkhand (hereinafter
called the “TENDERING AUTHORITY”, which expression shall mean and include,
unless the context otherwise requires, his successors in the office and assigns) and
the First Party, proposes to procure (name of the Stores/Equipment/Work/Service)
and M/s .. represented by Shri..................... (hereinafter called the
“BIDDER/Seller”, which

expression shall mean and include, unless the context otherwise requires, his
successors an permitted assigns) and the Second Party, is willing to offer/ has offered.

2) WHEREAS the BIDDER is a Private Company/Public Company/ Government

Undertaking/ Partnership firm, constituted in accordance with the relevant law in the
matter and the TENDERING AUTHORITY is a Ministry/Department of the Government,
performing its function on behalf of the Government of Jharkhand.

2. OBJECTIVES

NOW, THEREFORE, the TENDERING AUTHORITY and the BIDDER agree to enter into
this pre-contract agreement, hereinafter referred to as Integrity Pact, to avoid all
forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the Contract to be
entered into with a view to:-

2.1. Enabling the TENDERING AUTHORITY to obtain the desired

Stores/Equipment/Work/Service at a competitive price in conformity with the
defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and

2.2. Enabling BIDDERs to abstain from bribing or indulging in any corrupt practices in
order to secure the contract by providing assurance to them that their competitors will
also abstain from bribing any corrupt practices and the TENDERING AUTHORITY will

JHARKHAND BBIJLI VITARAN NIGAM LIMITED Pg 69/ 77

commit to prevent corruption, in ay form, by its official by following transparent
procedures.

3. COMMITMENTS OF THE TENDERING AUTHORITY

The TENDERING AUTHORITY commits itself to the following:-

3.1. The TENDERING AUTHORITY undertakes that no official of the TENDERING
AUTHORITY, connected directly or indirectly with the contract, will demand, take
promise for or accept, directly or through intermediaries, any bribe, consideration,
gift, reward, favour or any material or immaterial benefit or any other advantage
from the BIDDER, either for themselves or for any person, organization or third party
related to the contract in exchange for an advantage in the bidding process, bid
evaluation, contracting or implementation process related to the contract.

3.2. The TENDERING AUTHORITY will, during the pre-contract stage, treat BIDDERs
alike, and will provide to all BIDDERs the same information and will not provide
any such information to any particular BIDDER which could afford an advantage to
that particular BIDDER in comparison to the other BIDDERs.

3.3. All the officials of the TENDERING AUTHORITY will report the appropriate
Government office any attempted or completed breaches of the above commitments as
well as any substantial suspicion of such a breach.In case any such preceding
misconduct on the part of such official(s) is reported by the BIDDER to the TENDERING
AUTHORITY with the full and verifiable facts and the same prima fade found to be
correct by the TENDERING AUTHORITY, necessary

disciplinary proceedings, or any other action as deemed, fit, including criminal

proceedings may be initiated by the TENDERING AUTHORITY and such a person shall
be debarred from further dealings related to the contract process. In such a case
while an enquiry is being conducted by the TENDERING AUTHORITY the proceedings
under the contract would not be stalled.

4. COMMITMENTS OF BIDDERS

The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair means an illegal activities during any stage of its bid or during any pre-contract
or post-contract stage in order to secure the contract or in furtherance to secure it
and in particular commit itself to the following:-

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4.1. The BIDDER will not offer, directly or through intermediaries, any bribe,
gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the TENDERING
AUTHORITY, connected directly or indirectly with the biding process, or to any person,
organization or third party related to the contract in exchange for any advantage in
the bidding, evaluation, contracting and implementation of the contract.

4.2. The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage, or
inducement to any official of the TENDERING AUTHORITY or otherwise in
procuring the Contract of forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with the Government for
showing or forbearing to show favour or dis-favour to any person in relation to the
contract or any other contract with the Government.

4.3. The BIDDER further confirms and declares to the TENDERING AUTHORITY that the
BIDDER in the original Manufacture/Integrator/Authorized government sponsored
export entity of the stores and has not engaged any individual or firm or company
whether Indian or foreign to intercede, facilitate or in any way to recommend to the
TENDERING AUTHORITY or any of its functionaries, whether officially or unofficially
to the award of the contract to the BIDDER, nor has any amount been paid, promised
or intended to be paid to any such individual, firm or company in respect of any such
intercession, facilitation or recommendation.

4.4. The BIDDER, either while presenting the bid or during pre-contract negotiations
or before signing the contract, shall disclose any payment he has made, is committed
to or intends to make to officials of the TENDERING AUTHORITY or their family
members, agents, brokers or any other intermediaries in connection with the contract
and the details of services agreed upon for such payments.

4.5. The BIDDER will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.

4.6. The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.

4.7. The BIDDER shall not use improperly, for purpose of competition or personal gain,
or pass on to others, any information provided by the TENDERING AUTHORITY as

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 part of the business relationship, regarding plans, technical proposal and business
details, including information contained in any electronic data carrier. The BIDDER
also undertakes to exercise due and adequate care lest any such information is
divulged.

4.8. The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.

4.9. The BIDDER shall not instigate or cause to instigate any third person to commit
any of the acts mentioned above.

5. PREVIOUS TRANSGRESSION

5.1. The BIDDER declares that no previous transgression occurred in the last three
years immediately before signing of this Integrity Pact with any other company in any
country in respect of any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India that could justify
BIDDER’s exclusion from the tender process.

5.2. If the BIDDER makes incorrect statement on this subject, BIDDER can be
disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.

6. EARNEST MONEY (SECURITY DEPOSIT)

3) Every BIDDER while submitting commercial bid, shall deposit an amount as specified in
RFP as Earnest Money/Security Deposit, with the TENDERING AUTHORITY through any
of the following instruments:

(i) Bank Draft or a Pay Order in favour of ........................

(ii) A confirmed guarantee by an Indian Nationalised Bank, promising payment of

the guaranteed sum to the. ( T E N D E R I N G A U T H O R I T Y ) - - - - - - - - - - - - on
demand within three working days without any demur whatsoever and without
seeking any reasons whatsoever. The demand for payment by the TENDERING
AUTHORITY shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the RFP).

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 6.2. The Earnest Money/Security Deposit shall be valid upto a period of two years or
the complete conclusion of the contractual obligations to the complete satisfaction of
both the BIDDER and TENDERING AUTHORITY, including warranty period, whichever is
later.
6.3. In the case of successful BIDDER a clause would also be incorporated in the
Article pertaining to Performance Bond in the Purchase Contract that the provisions of
Sanctions for violation shall be applicable for forfeiture of Performance Bond in case of
a decision by the TENDERING AUTHORITY to forfeit the same without assigning any
reason for imposing sanction for violation of this Pact.

6.4. No interest shall be payable by the TENDERING AUTHORITY to the BIDDER on Earnest
Money/Security Deposit for the period of its currency.

7. SANCTIONS FOR VIOLATIONS

4) Any breach of the aforesaid provisions by the BIDDER or any one employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall
entitle the TENDERING AUTHORITY to take all or any one of the following actions,
wherever required:-

(i) To immediately call off the pre contract negotiations without assigning any reason
or giving any compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.

(ii) To forfeit fully or partially the Earnest Money Deposit (in pre-contract stage)
and/or Security Deposit/Performance Bond (after the contract is signed), as
decided by the TENDERING AUTHORITY and the TENDERING AUTHORITY shall not
be required to assign any reason therefore.

(iii)To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.

(iv)To recover all sums already paid by the TENDERING AUTHORITY, and in case of the
Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending
Rate while in case of a BIDDER from a country other than India with interest thereon
at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from
the TENDERING AUTHORITY in connection with any other contract such outstanding
payment could also be utilized to recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by
the TENDERING AUTHORITY, along with interest.

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(vi)To cancel all or any other contracts with the BIDDER and the BIDDER shall be liable to
pay compensation for any loss or damage to the TENDERING AUTHORITY resulting from
such cancellation/rescission and the TENDERING AUTHORITY shall be entitled to
deduct the amount so payable from the money(s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the
Government of Jharkhand for a minimum period of two years, which may be further
extended at the discretion of the TENDERING AUTHORITY.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middlemen
or agent or broken with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the TENDERING AUTHORITY with the BIDDER, the same shall not be
opened.

(x) If the BIDDER or any employee of the BIDDER or any person acting on behalf of
the BIDDER, either directly or indirectly, is closely related to any of the officers
of the TENDERING AUTHORITY, or alternatively, if any close relative of an officer
of the TENDERING AUTHORITY has financial interest/stake in the BIDDER’s firm, the
same shall be disclosed by the BIDDER at the time of filling of tender. Any failure to
disclose the interest involved shall entitle the TENDERING AUTHORITY to rescind the
contract without payment of any compensation to the BIDDER.

The term ‘close relative’ for this purpose would mean spouse whether residing
with the Government servant or not, but not include a spouse separated from the
Government servant by a decree or order of a competent court; son or daughter or step
son or step daughter and wholly dependent upon Government servant, but does not
include a child or step child who is no longer in any way dependent upon the
Government servant or of whose custody the Government servant has been deprived
of by or under any law; any other person related, whether by blood or marriage, to the
Government servant or to the Government servant’s wife or husband and wholly
dependent upon Government servant.

(xi)The BIDDER shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
TENDERING AUTHORITY, and if he does so, the TENDERING AUTHORITY shall be entitled
forthwith to rescind the contract and all other contracts with the BIDDER. The BIDDER
shall be liable to pay compensation for any loss or damage to the TENDERING
AUTHORITY resulting from such rescission and the TENDERING AUTHORITY shall be
entitled to deduct the amount so payable from the money(s) due to the BIDDER.

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5) The decision of the TENDERING AUTHORITY to the effect that a breach of the
provisions of this pact has been committed by the BIDDER shall be final and conclusive on
the BIDDER. However, the BIDDER can approach the Monitor(s) appointed for the
purposes of this Pact.

8. FALL CLAUSE

The BIDDER undertakes that he has not supplied/is not supplying similar
product/systems or subsystems/services at a price lower than that offered in the
present bid in respect of any other Department of the Government of Jharkhand or PSU
and if it is found at any stage that similar product/systems or sub systems/services was
supplied by the BIDDER to any other Department of the Government of Jharkhand or a
PSU at a lower price, then that very price, with due allowance for elapsed time, will be
applicable to the present case and the difference in the cost would be refunded by the
BIDDER to the TENDERING AUTHORITY,. If the contract has already been concluded.

9. INDEPENDENT MONITORS

9.1. The TENDERING AUTHORITY will appoint Independent Monitors (hereinafter

referred to as Monitors) for this Pact.

9.2. The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this Pact.

9.3. The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.

9.4. Both the parties accept that the Monitors have the right to access all the
documents relating to the project/procurement, including minutes of meetings.
The Monitor shall be under contractual obligation to treat the information and
documents of the BIDDER/Subcontractor(s) with confidentiality.

9.5. As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the TENDERING AUTHORITY.

9.6. The Monitor will submit a written report to the designated Authority of
TENDERING AUTHORITY/Secretary in the Department/within 8 to 10 weeks from the
date of reference or intimation to him by the TENDERING AUTHORITY/BIDDER and,
should the occasion arise, submit proposals for correcting problematic situations

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10. FACILITATION OF INVESTIGATION

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the TENDERING AUTHORITY or its agencies shall be entitled to examine all
the documents including the Books of Accounts of the BIDDER and the BIDDER shall
provide necessary information of the relevant documents and shall extend all possible
help for the purpose of such examination.

11. LAW AND PLACE OF JURISDICTION

This Pact is subject to Indian Law, the place of performance and jurisdiction shall be
the seat of the TENDERING AUTHORITY.

12. OTHER LEGAL ACTIONS

The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the any other law in force
relating to any civil or criminal proceedings.

13. VALIDITY

13.1. The validity of this Integrity Pact shall be from the date of its signing and extend
up to 2 years or the complete execution of the contract to the satisfaction of both the
TENDERING AUTHORITY and the BIDDER/Seller whichever is later. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the
signing of the contract.

13.2. If one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact shall remain valid. In such case, the parties will strive to come to an agreement
to their original intentions.

(x) The parties hereby sign this Integrity

Pact at ........................ on .......................

TENDERING AUTHORITY BIDDER

Name of the Officer

Designation

Witness Witness

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