Limited Tenders for the work of : Web Hosting Space for UGVCL s website. 1
INSTRUCTION TO BIDDER & CONDITIONS OF CONTRACT Web Hosting Space for our website. LIMITED TENDER ENQUIRY NO. :-02/2006 UTTAR GUJARAT VIJ COMPANY LIMITED MEHSANA 2
Objectives:- Our Company requires Web Hosting Space on rent for our routine activities like, Web-mail facility, FTP Accounts, Creating of Sub Domains, Maintaining of Mail Accounts, etc. 1. Scope of work :-Scope of work will include following I. Based on the requirements given by the Company the contractor will have to provide a 3GB Web hosting space having features of 5GB Data transfer/month Capacity on Linux server with C-Panel Control panel & having features of Spam Assassin, web mail POP3, IMAP, SMTP, 10 FTP accounts facility, 10 Sub domains facility, Unlimited Mail accounts handling capability, Installation of PHP scripting, MySQL data base server & AWSTAT or WEBSTAT features. II. The contractor will have to provide 99.7% uptime guarantee for the month invariably. TERMS AND CONDITIONS: 1. The tenderer should thoroughly read all the following clauses before submitting their tender. The original copy of the Commercial terms and conditions duly signed, stamped with company s seal must be submitted along with the bid. 2. PRICE EVALUATION : No price preference shall be given on any account. All tenders will be evaluated on firm price end cost basis, but without loading 3
Sales Tax, unless otherwise mentioned in the tender documents. The parties however will have to give the detailed break-up of the end cost. If more than one party is to be considered for placement of order, they will have to match their end cost with L-1 end cost, who is technically acceptable. UGVCL may go to the price L-2 depending upon the exigency. If UGVCL feels that there is lack of serious competition or any other reasons, UGVCL may negotiate with the L-1 party or re-invite the tender. UGVCL s decision shall be final and binding on all the parties. 3. The estimated cost of tender items is notified in the tender notice. Tenderer has to pay EMD Rs.450/- i.e. @1% of the cost of all their quoted Items. 4. Tender fee (Non-refundable) as notified in the tender notice should invariably be paid by way of Demand Draft or cash; otherwise offer will be ignored out rightly. Indian Postal Orders (IPO s) & Cheques are not acceptable. Demand Draft should be in the name of the Uttar Gujarat Vij Co.Ltd., Payable at Mehsana. The envelope shall be addressed to the Officer On Special Duty of UGVCL and UGVCL will not be responsible for the transit loss or misplacement. Alternatively, the tenderers can pay the tender fee in CASH, UGVCL, Corp. office, Mehsana - Cash counter, and enclose the copy of Money receipt in the EMD cover. Tender fee Demand Draft / Copy of Money fee receipt must be kept in the cover of EMD; otherwise supplier s offer is liable to be rejected. 4
5. IMPORTANT: Bids should reach this office not later than 2.00 P.M. on due Date as specified in the tender notice through RPAD / Speed post only. Please note, that any bid received after the due date and time will not be accepted and the offer will be ignored outrightly. NO LATE TENDER / DELYAED TENDER SHALL BE CONSIDERED. 6. EARNEST MONEY DEPOSIT: E.M.D. of Rs.450/- i.e.@ of 1% of the value of the items offered is payable. The EMD is payable either in Cash or by Demand Draft in favour of the Uttar Gujarat Vij Company Ltd.. on any Scheduled / Nationalized Banks in Mehsana. Cheques are not acceptable. 7. VALIDITES OF THE OFFERS: The offers will have to be kept valid for a period of 120 days from the date of opening of technical bids. In case of finalization of the tender is likely to be delayed, the tenderers will be asked to extend the same without change in the prices or any terms and conditions of the offer. If any change is made, original or during the extended validity period, the offers will be liable for outright rejection without entering into further correspondence in this regard and no reference will also be made. 8. PAYMENT TERMS Payment will be done on monthly basis. Contractor will submit bill at the end of a month for work carried out during the month. Bill 5
will be checked by Engineer-in-charge and proceeded for payment as per procedures of UGVCL. Payment through Bank or Financial Institution on the strength of Power of Attorney to be executed by the supplier to that effect. Tenderer, while quoting should specifically state any one mode of payment chosen by them. They should indicate the name of the Bank / Financial Institution to whom the payment is to be made. Also the Indemnity bond is to be furnished by the supplier as per the prescribed format, which may be obtained from UGVCL. 9. PENALTY : Penalty will be charged as under: As stated in Scope of work if the bidder is not able to maintain 99.7% uptime in any of the month the complete payment for that month will not be paid. 10. POST TENDER CORRESPONDENCE / ENQUIRIES: Any correspondence or enquiry subsequent to opening of Technical and Commercial bids is not desirable, if the same is indulged into, it will be considered for disqualifying the tender. The Tenderer will be required to abstain from pursuing / canvassing the matter, directly or indirectly with any Officers of UGVCL, as otherwise the same would also amount to disqualification of the tender. 11. Security Deposit: a) Within 15 days of receipt of notification of award from the Employer, the successful Bidder, to whom the Work is awarded, 6
shall be required to furnish a Security Deposit for an amount equal to 5% (Five percent) of the total Contract Price towards faithful performance of the Contract in accordance with the terms and conditions specified therein. The guarantee shall be valid up to 90 days after the completion of work the entire contract work. The amount of earnest money would be adjusted against the performance guarantee (Security Deposit). b) The Performance guarantee will be returned to the Contractor without any interest after 90 days of the contract period. c) Security Deposit if paid will be returned on successful completion of the Order and only after the Performance Guarantee Condition is fulfilled 12. Variation in the scope of work The scope of work can be increased or decreased by 25% during the execution or otherwise on the prorate basis by the Engineer-in- Charge. 13. Force Majeure. Force Majeures means any circumstances beyond the control of the parties including: a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo; b) Ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof; 7
c) Rebellion, revolution, insurrection, military or usurped power and civil war; d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor. e) Neither party shall be considered to be in default or in breach of his obligations under the Contract to the extent that performance of such obligations is prevented by any circumstances of Force Majeures that arise after the date of the Notification of Award. f) If either party considers that any circumstances of Force Majeures have occurred which may affect performance of his obligations he shall promptly notify the other party. g) Upon the occurrence of any circumstances of Force Majeures the Contractor shall endeavor to continue to perform his obligations under the Contract so far as reasonably practicable. The Contractor shall notify the Engineer-in-Charge of the steps he proposes to take including any reasonable alternative means for performance, which is not prevented by Force Majeures. The Contractor shall not take any such steps unless directed so to do by the Engineer-in-Charge. h) If circumstances of Force Majeures have occurred and shall continue for a period of 180 days, notwithstanding, the Contractor may by reason thereof, having been granted an extension of Time for Completion of the Works, either party shall be entitled to serve upon the other, 30 days notice to terminate the Contract. If at the expiry of the period of 30 days Force Majeures shall still continue, the Contract shall terminate. 14. Contractor s Default: a) If the Contractor is not executing the Works in accordance with the Contract or is neglecting to perform his obligations, there under, as seriously, to affect the Program for carrying out of the Works, the Engineer-in-Charge may give notice to 8
the Contractor requiring him to make good such failure or neglect. b) If the Contractor: i) Has failed to comply within a reasonable time ii) iii) Assigns the Contract or Sub-Contracts the whole of the Works without the Engineer-in-Charge s written consent, or Becomes bankrupt or insolvent, has a receiving order made against him or compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors or goes into liquidation. c) The Engineer-in-Charge may, after giving 15 days notice to the Contractor, terminate the Contract and expel the Contractor from the site. Any such expulsion and termination shall be without prejudice to any other rights or powers of the Employer, or the Contractor under the Contract. The Employer may upon such termination complete the Works himself or by any other Contractor. The Employer or such other Contractor may use for such completion, Contractor s equipment which is on the Site and as he or they may think proper, and the Employer shall allow the Contractor a fair price for such use. d) The Employer shall, as soon as possible after such termination, certify the value of the Works and all sum then due to Contractor as at the date of termination. e) The Engineer-in-Charge shall not be liable to make any further payments to the Contractor until the Works have been completed. When the Works are so complete, the Employer shall be entitled to recover from the Contractor the extra costs, if any, of completing the Works after allowing for any sum due to the Contractor. If there is no such extra cost the 9
Engineer-in-Charge shall pay any balance due to the Contractor. f) The Contractor s liability shall immediately cease when the Employer expels him from the Site without prejudice to any liability there under that may have already occurred. 15. Settlement of Disputes: a) Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to the extent possible, settled amicably between the parties. b) If any dispute or difference of any kind whatsoever shall arise between the Employer and the Contractor, arising out of the Contract for the performance of the works whether during the progress for the works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the empowered officer to be appointed by the Employer, who within a period of thirty (30) days after being requested by either party to do so, shall give written notice of his decision to the Employer and the Contractor. c) Unless as hereinafter provided, such decision in respect of any matter so referred shall be final and binding upon the parties until the completion of the Works and shall forthwith be given effect to by the Contractor who shall proceed with the Works with all 10
due diligence, whether he or the Engineer-in-Charge required arbitration as hereinafter provided or not. d) If after the Empowered Officer has given written notice of his decision to the parties, and no claim to arbitration has been communicated to him by either party within thirty (30) days from the receipt of such notice, the said decision shall become final and binding on the parties. e) In the event of the Empowered Officer failing to notify his decision as aforesaid within thirty (30) days after being requested aforesaid, or in the event of either the Owner or the Contractor being dissatisfied with any such decision, or within thirty (30) days after the expiry of the first mentioned period of thirty (30) days, as the case may be, either party may require that the matters in dispute be referred to arbitration as hereinafter provided. 16. Arbitration All matters, question, disputes, differences and/or claims arising out of and/or concerning and/or in connection and/or in consequences or relating to this Contract whether or not obligations of either of both parties under this Contract be subsisting at the time of such dispute and whether or not this Contract has been terminated or purported to be terminated or completed, shall be referred to the Mutually Agreed Arbitrator under Indian Arbitration Act 1996. The Award of the Arbitrator shall be final and binding on the parties to this Contract. 11
Sr. Particulars SCHEDULE B Quantity No. Hosting Months Space 1. Providing of a 1GB Web 3 GB 12 hosting space having features of 1.66GB Data transfer/month Capacity on Linux server with C-Panel Control panel & having features of Spam Assassin, web mail POP3, IMAP, SMTP, 10 FTP accounts facility, 10 Sub domains facility, Unlimited Mail accounts handling capability, Installation of PHP scripting, MySQL data base server & AWSTAT or WEBSTAT features. Rate/GB/ Month Amount Signature of Contractor Officer On Special Duty UGVCL, Mehsana. 12