WIXLIB

III. BIDDING SYSTEM1. Bids will be submitted in hard copies at NIXI office Delhi. There is no electronic ordigital submission is allowed.2. The bid should be submitted in two parts. Part-I is Technical Bid and Part-II will beFinancial/Commercial bid.3. Technical will contain all the documents/compliance asked in General Term ofconditions along with Technical Compliance, which is to be enclosed in EnvelopeA. Technical Bid will also have unpriced BOM as per Annexure-I. Please do notput Financial Bid/Commercial bid in Technical bid/ Envelope A this would lead tosummary rejection of the bid. The Financial Bid has to be enclosed in Envelope B.4. Financial/Commercial bid will contain schedule of prices as per theFinancial/Commercial Bid format.5. Both Technical and Financial/Commercial bid should be kept in separateenvelope and this envelops should be kept in on large envelope. All the envelopesshould be properly sealed.6. Each page of the tender bid should be signed and sealed by authorized signatory.7. No bid will be accepted post the last date and time mentioned in the tenderdocument. However, NIXI reserves the right to extend the date and time of bidsubmission.3.1 Schedule tableName of Work.IN Registry Data CentreTender Publish Date11-02-2022Last Date for bid submission24-02-2022 15:00Hrs3.2 Assistance to biddersAny queries relating to the tender document and the terms and conditionscontained therein should be addressed to the following email id registry@nixi.in,rajiv@nixi.in, rishab@nixi.in3.3 Bid Evaluation Criteriaa)Tender committee will first evaluate the Technical bid and technical BOM. Theycan seek any clarification/documents/confirmation, should they need the samefor further clarity.b)Financial/Commercial bids of those Bidders whose Pre-Qualification&Technical bids are found suitable by the committee, will be opened.

c) Contract will be awarded to L1 bidder, which will arrive at as perFinancial/Commercial Bid format inclusive of taxes.3.4 Bid Validitya) All the bids (Technical and Financial) will be valid for a period of 75 days fromthe last date of submission of the tender for execution of Contract. This can beextended if so required with the approval of the Competent Authority.b) In exceptional circumstances, prior to expiry of the original time limit, the NIXImay request the bidders to extend the period of validity for a specified additionalperiod beyond the original validity of 75 days. The request and the bidders'responses shall be made in writing/Email. The bidders, not agreeing for suchextensions will be allowed to withdraw their bids.3.5 Modification / Substitution/ Withdrawal of bidsa) No Bid shall be modified, substituted, or withdrawn by the Bidder after the bidsdue date.b) Any alteration/ modification in the bid or additional information suppliedsubsequent to the bid's due Date, unless the same has been expressly soughtfor by the Authority, shall be disregarded.3.6 Rejection of the BidThe bid submitted shall become invalid if: ‐a) The bidder is found ineligible.b) The bidder does not provide all the documents as stipulated in the biddocument.3.7 Right to reject or scrap the processThe Employer reserves the right to accept or reject any Tender, and to scrap/cancel the Tender process and reject all Tenders, at any time prior to the awardof Contract, without thereby incurring any liability to the affected Tenderer orTenderers or any obligation to inform the affected Tenderer or Tenderers of thegrounds for the Employer's action.3.8 Evaluation of Bids.a) The responsive bids will first be evaluated for technical compliance. Nonsubmission of essential documents stipulated will result in a bid liable fordisqualification at technical evaluation stage.b) Bids determined to be substantially responsive will be checked by NIXI for anyarithmetical errors in computation and summation. Where there is discrepancybetween rates/amounts given in figures and in words, the rates/amounts givenin words will prevail.

c) NIXI shall evaluate the financial bids of eligible bidders to determine the L-1bidder on the basis of lowest total cost of support services for all items in thefinancial/price bid form.3.9 General Instructions for Bidding processBids should be completed in all respects, must be submitted on or before thelast date specified in the schedule of events.The NIXI may, at its own discretion, extend the last date for submission oftenders.All the bids are valid for a period of 75 days from the last date of submission ofthe tender for execution of Contract. It may be extendable.The bid submitted shall become invalid if: a) The bidder is found ineligible.b) The bidder does not provide all the documents as stipulatedin the bid document.c) The bidder has knowingly concealed & misrepresented thefacts for shortlisting.3.10 Tender Fees.The tender fees shall be Rs 10,000/- (Ten Thousand), which shall be enclosedin shape of Demand Draft. In case the same is deposited through NEFT, itsproof shall be enclosed. The NEFT details, in which the Tender Fees is todeposited are as under:A/c Name:- National Internet Exchange of IndiaA/c No. - 629405034094IFSC- ICIC0006294Branch: Nehru Place, New Delhi-110019.IV. EARNEST MONEY DEPOSIT (EMD)Due to the Pandemic conditions prevailing in the country, there is slowdown in economy.Therefore, Ministry of Finance vide their OM No F. 9/4/2020-PPD dated 12-11-2020 hasdecided that no provision regarding Bid Security should be kept in Bid Documents in futureand only provision of „‟Bid Security Declaration‟‟ should be kept in the Bid Documents. It isfurther proposed by Ministry of Finance that the Security Deposit shall also be brought downfrom 10% to 3%. (Copies Enclosed)V. SECURITY DEPOSIT (PERFORMANCE BANK GUARANTEE)a. The successful bidder should arrange to have Performance Bank Guarantee/Security Deposit amounting to 10% of the awarded contract value furnishedwithin 10 days of submission of Letter of Acceptance in the case of contracts, andwithin 10 days of submission of draft Contract Agreement.

b. The notification of award will constitute the formation of the Contract, subjectonly to the furnishing of a Performance Bank Guarantee/ Security Deposit inaccordance with the provisions of this Clause.c. During the warranty period of three years, the party will be responsible for therepair and replacement of the components/ devices, as the case may bed. Subject to any provision elsewhere in the contract regarding forfeiture orappropriation in full or part thereof, the Performance Bank Guarantee/ SecurityDeposit shall be released at the time of expiry of three years of warranty time.e. The Performance Bank Guarantee/ Security Deposit may be either in the formof Demand Draft in favour of NIXI, New Delhi, or as Bank Guarantee in theprescribed format.f. In case Bank Guarantee is furnished as Performance Bank Guarantee/ SecurityDeposit, the same should be valid by more than sixty (60) days after the expiry ofthe warranty period of three years.g. In case Bank Guarantee is furnished as Performance Bank Guarantee/Security Deposit, it should be sent to NIXI by the concerned Bank, and not by thebidder itself.h. The Performance Bank Guarantee/ Security Deposit amount is interest free.i. NIXI has the right to encash/ appropriate the whole amount of PerformanceBank Guarantee/ Security Deposit in accordance with the contract conditions andalso to deduct any amount due from the contractor at the time of thetermination/expiry of the contract.

VI. ELIGIBILITY CRITERIASr. Minimum Eligibility CriteriaSupporting Document1 The Bidder should have a minimum total Self-certified copies of the auditedturnover of Rs. 10 Crores during the last Balance sheet and profit & lossthree financial years. This must be the statement for the last 3individual company turnover and not that of completed financial years withadequate section duly markedany group of companies.and tagged.IIIIIITurnover declaration inINRValid Documents2 The Company should be registeredcompany under Indian company act1956/20133 The Company should have an experience of Valid Documentsat least 5 years in of similar nature ofbusiness as System Integrator.Valid Documents4. The Company should have undertakensingle work of 4 Cr or two works of 2 Cr.5.456.The Company should have successfullydelivered at least one project of similarnature for the Government/ Semigovernment agencies/PSUThe Company should not beblacklisted/barred by central govt./stategovt./public sector units (central/state)The Company should act as the SystemIntegrator and in a position to supply alldevices including installation andcommission.The Company should have certification forISO 27000 and ISO 20000Valid DocumentsSelf-DeclarationSelf-DeclarationValid DocumentsNote: Please enclose the proof in support of the above failing which the tender will not beconsidered and summarily rejected.VII. AWARD OF WORKThe work will be awarded to the empanelled company after obtaining the rate/pricebid from all empanelled agencies at the time of Software development. It is furtheradded that the work will be strictly awarded to the L1 Company out of the empanelled

agencies. In case, it is found that L1 is unable/fails to perform, the next i.e. L2 will beoffered the work after recording the reasons.VIII. SIGNING OF AN AGREEMENTThe agreement to be signed will cover the general conditions of the contact andscope of work, which is binding of the part of the successful Bidder. The agreementwill be signed by both the parties (seller and buyer) on the stamp of paper of Rs 100/-IX. WARRANTY AND AMC CLAUSEI.All quoted items should be under Three Years on-site comprehensivewarranty from the date of its successful installation and acceptance at the site,including free spare parts, kits etc. During this period, all the parts of theproduct shall be considered as non-consumable and vendor shall have tomaintain all spare parts at no extra cost, if required.II.Vendor must ensure 03 years of AMC (after ending of 3 years‟ warrantyperiod). AMC shall be on the terms and conditions. Vendor may quoteseparately for AMC after the expiry of the warranty period and also enter intoa formal agreement.III.During this period, besides service/maintenance of Hardware & SystemSoftware and all driver software up-gradation, patches shall also be providedat no extra cost.IV.The defects, if any, shall be attended to on immediate basis and replacementpart shall be installed at NIXI location within 4 hours of escalation. In nocircumstances, the NIXI exchange shall be down for more than 4 hours andnecessary replacement will be provided on immediate basis for the same.V.Penalty will be applicable Rs. 2000/- per hour after initial 4 hours for down inNIXI operations due to delay in replacement of parts, limited to Rs. 25,000 perday and further limited to 5 % PO value.VI.The vendor shall ensure that that there is a back-to-back agreement withOEM to meet hardware and software support during this period. (AgreementDocument to be attached)VII.During the period of support / warranty, the vendor shall:

a) Support the entire hardware/software of equipment.b) Diagnose the hardware/software faults and rectify the hardware/softwarefaults detected.c) Repair and replace the faulty parts or part thereof.d) Upkeep the software periodically including implementation of patches, ifrequired.e) Periodically analyse the health of various components of system.f) Vendor shall carry out support activities as per requirement of NIXI.VIII.Repair and Maintenancea) Vendor shall station their Technical Support Engineers (TSEs), if required,for providing services to NIXI at their identified office to meet the criteria ofturnaround time for fault restoration/faulty unit repair etc.b) Vendor shall assign a Support Manager for NIXI, who shall act as a singlepoint of contact for NIXI for handling any service related issues during theagreement period.c) Vendor shall ensure the availability of spare parts at different locations tomeet the criteria of turnaround time for fault restoration/faulty unit repair etc.d) Vendor shall ensure that all the TSEs are competent and responsibleengineers and are capable of giving all types of necessarytechnical/assistance to NIXI representatives in respect of all the hardware andsoftware components of Equipment as well as capable of attendingfaults/resolving problems whenever needed.e) Vendor shall also ensure availability of experts in case of non-rectificationof the faults by TSEs.f) Vendor shall make the arrangements for taking out the faulty items fromNIXI nodes after replacing them with new working spare, during supportperiod.g) Vendor shall bear the entire cost including freight, insurance etc. and otherincidental charges related to replacement of faulty items. It shall also include

any interconnecting cables like power cables, networking cables, fibre cablesetc.h) In case the faulty equipment/card/part is replaced, the replacedequipment/card/part shall become the property of NIXI and the defective willbecome the property of vendor.XI. FORCE MAJEUREDefinition:1. For the purposes of this Contract, “Force Majeure” means an event which isbeyond the reasonable control of a Party. It is neither foreseeable norunavoidable, which has:a) not brought about by or at the instance of the Party claiming to be affected bysuch events.b) caused the non-performance or delay in performance.c) makes a Party‟s performance of its obligations hereunder impossible or soimpractical as reasonably to be considered impossible in the circumstance.d) not involved the contractor's fault or negligence, either in its sovereign orcontractual capacity.2. Force Majeure shall include Acts of God, wars or revolutions, fires, floods,epidemics, quarantine restrictions and fright embargoes including war, riots, civildisorder, earthquake, fire, explosion, storm, flood or other extreme adverseweather conditions, strikes, lockouts or other industrial action.3. Notwithstanding the provisions of clauses contained in this RFS document; thecontractor shall not be liable to forfeit:(a) Security deposit for delay and(b) termination of contract; if he is unable to fulfil his obligation under this contractdue to Force Majeure conditions.4. Whether a “Force majeure” situation exists or not, shall be decided by NIXI and itsdecision shall be final and binding on the contractor and all other concerned.5. The party will be relieved of his obligations during the force majeure period. In theevent that such force majeure extends beyond six months, the agreement will beterminated provided that it is not caused by the negligence or intentional action ofa Party or by or of such Party‟s employee.6. No breach of Contract:The failure of a Party to fulfil any of its obligations hereunder shall not beconsidered to be a breach of, or default under this Contract in so far as suchinability arises from an event of Force Majeure, provided that the Party affected bysuch an event has taken all reasonable precautions, due care and reasonablealternative measures, all with the objective of carrying out the terms andconditions of this Contract.

7. Measures to be taken:The party affected by an event of Force Majeure shall continue to perform itsobligations under the Contract as far as is reasonably practical, and shall take allreasonable measures to minimize the consequences of any event of ForceMajeure.8.The party affected by an event of Force Majeure shall notify the other Party ofsuch event as soon as possible, and in any case not later than fourteen (14) daysfollowing the occurrence of such event, providing evidence of the nature andcause of such event, and shall similarly give written notice of the restoration ofnormal conditions as soon as possible.9. Any period within which a Party shall, pursuant to this Contract, complete anyaction or task, shall be extended for a period equal to the time during which suchParty was unable to perform such action as a result of Force Majeure.10. During the period of their inability to perform the Services as a result of any eventof Force Majeure, the Contractor, upon instructions by NIXI, shall either: i.Demobilize; or ii. Continue with the Services to the extent possible, in which casethe Contractor shall continue to be paid proportionately and on pro rata basis,under the terms of this Contract.11. In case of disagreement between the Parties as to the existence or extent of ForceMajeure, the matter shall be settled according to Clause XIV.XII. INTEGRITY PACTOf late, it has been realized the importance of Integrity Pact. as the vigilance tool incontrolling corruption in public contracting and procurement. Therefore, Governmenthas issued the instructions to all public offices to insist the party for signing ofIntegrity pact, which will also be counter signed by the purchaser/buyer. The IntegrityPact will be signed after the award of work.On May 18, 2009, Government issued Standard Operating Procedure spelling out allthe details. The copy of the Integrity Pact is placed at Annexure III. which shall besigned and stamped by the bidder as well as NIXI.XIII. PAYMENT TERMSThe payment terms to the party for execution of aforesaid work will be made in thephased manner, which will be decided at the time of awarding of work. The details ofthese terms and conditions including the deadline for the completion of the work willbe clearly mentioned in the Purchase Order so as to avoid any ambiguity arisingthereon.S.No.DetailsFeespayable (%of contractRemarks

12value)5050Delivery of itemsPayable upon deliverySatisfactory completionof installation andcommission with dulycertified by NIXI teamNOTE: The party has to give Security Deposit or Performance Bank Guarantee(PBG) @ 10%, which can be seen in appropriate Clause.XIV. SETTLEMENT OF DISPUTESNIXI has always believed that disputes arising shall be mutually resolved so as tomaintain harmonious relationship with the party. However, in case of any dispute,which is not resolved shall be referred to arbitrator for the settlement who will beappointed by CEO, NIXI.13.1 Amicable Settlement:In case dispute arises between the parties regarding any matter under the contract,either Party of the contract may send a written Notice of Dispute to the other party.The Party receiving the Notice of Dispute will consider the Notice and respond to it inwriting within 30 days after receipt. If that party fails to respond within 30 days, or thedispute cannot be amicably settled within 60 days following the response of thatparty, Clause GC 3.21.2 shall become applicable.13.2 Arbitration:In the case of dispute arising upon or in relation to or in connection with the contractbetween NIXI and the Contractor, which has not been settled amicably, any partycan refer the dispute for Arbitration under the Arbitration and Conciliation Act 1996.i. Arbitration proceedings shall be held in New Delhi and the language of thearbitration proceedings and that of all documents and communications between theparties shall be English.ii. The decision of the arbitrator(s) shall be final and binding upon both parties.iii. The expenses of the arbitrator(s) as determined by the arbitrator(s) shall beshared equally by NIXI and the Contractor. However, the expenses incurred by eachparty in connection with the preparation & presentation of their cases sha

Tender Document Download Start Date 11/02/2022 Pre-Bid Conference 18/02/2022 Tender Submission End (Date & Time) 24/02/2022 15:00 Hrs Technical Bid Opening (Date & Time) 24/02/2022 15:00 Hrs Note: 1. Any tender received by the Employer after the deadline prescribed in submission date will be returned unopened to the Tenderer] 2.