West Bengal State Electricity Distribution Company ... - IPDS

I-West Bengal State Electricity Distribution Company Limited

(A Government of West Bengal Enterprise)(I T & Corrtmurrica,tion Cell)

Vidyut Bhavan,gd Floor, C&D BIock, Bidhan Nagar, BIock-DJ, Sec-II, Kolkata-700091Phone No. 033-2358-9665, FAX No. 033-2337-2427 , 033-2358-9244

Website: www.wbsedql._i_D, e-mail: [email protected]

CIN: U40109W82007SGC113473

Memo no. :WBSEDCL/ IT&C/33.10(lpDS)/ 13q Date :.19.03.2018

TO

M/s Last Peak Data Pvt. Ltd.lla, Sarojini Naidu Ssarani (Rawdon Street),

1st Floor, F/L No. -D2, Rawdon Chambers

Kolkata,West Bengal,Pin -700017

Sub:-Letter Of Award (LOA) for Project Management Agency for lpDS Phase-ll, IT Project of WBSEDCL.

Ref:- i. Tender Notice No. IT&C/33.10(lpDS)/2056 dated 21/092017ii. Revised quotation from M/s Last Peak Data Pvt. Ltd dated 12/01/2018

Dear Sirs,

With reference to the above, WBSEDCL is pleased to place this Letter Of Award (LOA) on you for Project Management

Agency for lpDS Phase-ll, lT Project of WBSEDCL as per terms & conditions indicated below:-

SECTION- I

1.1. Contract Price: Total contract value is Rs. 3701000/-(Rupees thirty seven lacs. One thousand only) excludingtaxes. Taxes will be paid extra as per prevailing rate. The contract Price excluding Tax is firm during the entirecontract period. For introduction of any new levy or change of tax rate during the contract period will beconsidered accordingly.

1.2. Period Of Contract: Initial Period of contract shall be 33 (Thirty Three) months from the date of placement oforder.

1.3. Timeschedule :

1.3.1 The entire activity as per scope of work shall start after issue of LOA. Date Of issue Of LOA shallbe considered as zero date.

1.3.2 Total duration of the assignment will be 33 calendar months from the zero date which includes

Sl. No. Description of work Time Schedule

1Preparat`ion of tender document for lTIA 10 (Ten) days.

of IPDS IT, Phase-ll.

2 Project monitoring as PMA 30 (Thirty) months

3 Project closure and other related work 3 (Three) months

Lifi5Effi

West Bengal State Electricity Distribution Company Limited(A Government of West Bengal Enterprise)

(I T & CorrrmIAndcation Cetl)Vidyut Bhavan,Sd Floor, C&D Block, Bidhan Nagar, BIock-DJ, Sec-!I,_ !pl±gt.a.-700091

Phone No.033-2358-9665, FAX No.033-2337-242] , 033-2358-9244Website: www,wbsedcl.in. e-mail: It|t£[email protected]_ri_

CIN: U40109W82007SGC113473

1.4. Taxes, Duties and other levies: The vendor shall be solely responsible for the taxes that may be leviedon the vendor's persons or on earning of any of his employees and shall hold the employerindemnified and harmless against any claims that may be made against the employer. The WBSEDCLshall not take any responsibility whatsoever regarding taxes under Income Tax Act 1961, for thecontractor or his personnel.

1.5. P.F. Code No. :Thevendorshall submit necessary pF code no.

1.6. Acceptance of LOA: The successful vendor shall submit written unconditional acceptance of LOAwithin 15 (Fifteen) days from date of issuance of the same. Submission of conditional acceptance ofLOA shall be treated as non-compliance of this clause.

1.7. Statutory Obligations: Statutory obligations as per law of the land are to be complied.

1.8. Representative of Vendors: The vendor is required to nominate their officials/personnel with whomWBSEDCL will contact on all matters related to this job. The vendor has to specifically furnish toWBSEDCL, the name, designation, mobile no. of such person.

1.9. Communication: The vendor, for communicating with WBSEDCL, for this job may use the followingmodes.FAX-(033) 2337 2427. Telephone -(033) 23242550, 23242551, M.O. No. -7449300249.

1.10. Settlement of Disputes: ln case of any dispute arising out the contract, the same should be settledthrough meeting between the WBSEDCL and the contracting agency at the appropriate level. Thenecessary judicial affairs and/or Court Case shall be exclusively within the jurisdiction of Calcutta HighCourt only.

1.11. Conflict of Interest:

1.11.1 The Vendor shall not have a Conflict of Interest that may affect the Tendering Process. AnyVendor found to have a Conflict of Interest shall be disqualified. In the event ofdisqualification, the Bid Security of the vendor shall be forfeited for the time, cost and effort ofthe Authority including consideration of such Vendor's Proposal, without prejudice to anyother right or remedy that may be available to the Authority hereunder or otherwise.

1.11.2 Any Vendor found to have a conflict of Interest if his near relative is posted as anemployee/officer in any capacity in WBSEDCL, who is associated with the Tender InvitingAuthority.

1.11.3 Any Vendor found to have a Conflict of Interest if any employee of the bidding firm/companyhas or develops a financial or other interest with any employee/officer of WBSEDCL associatedwith the Tender Inviting Authority during execution of the contract.

1.11.4 Any Vendor has a relationship with another Vendor/Vendors, directly or through commonthird parties, that puts them in a position to have access to each-others information about, orto influence the Tendering Process of either or each of the Vendor.

Liji3iia


(I T a Commwi.cafion Cetl)Vidyut Bhavan,3rd Floor, C&D BIock, Bidhan Nagar, BIock-DJ, Sec-lI, Kolkata-700091

Phone No.033-2358-9665, FAX No.033-233]-242] , 033-2358-9244Website: www.wbsedcl.in, e-mail: [email protected]

CI N : u40109W82cO7SGC113473

SECTION-Il : ScoDeof work2.1. Monitoring and coordination Of bidding process :

2.1.1 Assist WBSEDCL in preparation of tender documents for appointment of lT Implementation Agency

for lpDS Phase-II, IT.

2.1.2 Assist WBSEDCL in bidding process (including pre bid meetings etc) and technical evaluation of bids.

2.1.3 Assist the WBSEDCL for placement of Letter of Award and related activities.

2.2. Project planning and lmplementation :

2.2.1 Assisting Discoms in preparation of detailed work implementation schedule in association with ITIA.

2.2.2 Coordination & monitoring of proj.ect implementation activities.

2.2.3 To monitor DPR wise monthly physical & financial progress of the scheme, prepare a consolidated

report & submit to WBSEDCL for onward submission to nodal ageney ie. PFC.

2.2.4 Identification of anticipated bottlenecks in project implementation & preparation of remedial

action plan in consultation with WBSEDCL & lTIA.

2.2.5 Verification of materials and work as per invoices raised by ITIA.

2.2.6 Supervision of flow of fund in dedicated bank account of project to verify creation of asset from

asset register of WBSEDCL.

2.2.7 Assist/recommend WBSEDCL for fund release from Nodal Ageney. The recommendation is to be

supported by a report on expenditure, progress and constraints if any for timely completion of

project.2.2.8 Submit a report to Nodal Ageney, regarding Project Completion and expenditure incurred along

with recommendation in accordance with the guidelines of lpDS.

2.2.9 To assist utility in supervision of flow of funds in dedicated bank account of projects.

2.3. Quality Monitoring :

2.3.1 To prepare a Quality Assurance (QA) plan with the approval WBSEDCL.

2.3.2 Field quality inspection of ongoing/ completed works.

2.3.3 Joint inspection (along with representative of WBSEDCL) of material at site on sample basis i.e. 10%

of major materials (Data Centre and Disaster Recovery Centre Equipment/materials, Modern, DCU

etc.).

2A. MIS & Web Portal up-dation :

2.4.1 Assisting WBSEDCL in timely updation of information on WBSEDCL / PFC / Mop Web portal.

2.4.2 Periodic reporting to the chief Engineer, lT&C cell.

2.4.3 Any other works as may be required to achieve the objectives of the scheme.

2.5. Coordination with Nodal Ageney/ Mop and any other works as may be required to achieve the objectives

of the scheme.

Lifisffi


(I T 8b Cor"runicatton Cell)Vidyut Bhavan,3rd Floor, C&D BIock, Bidhan Nagar, BIo_ck:D_J,_S_e_c-!I± _K_ol!gt.a.-700091

Phone No.033-2358-9665, FAX No.033-2397-242] , 033-2358-9244Website:w_ww.wbsedcl_.jfue-mail:ingc€lI@wbsedc__I±n

CIN: U40109W82007SGC113473

2.6. Project Closure and other related activity :2.6.1. Providing an operational and maintenance manual in consultation with ITIA to be followed after

completion of work.

2.6.2. Assisting in keeping unforeseen circumstances during execution of work.

2.6.3. Preparation of reconciliation statement and closure report.

2.6.4. Assisting taking over the executed work.

SEgrloN -Ill : General terms and conditic2ns3.1. §eneral Terms±

3.1.1 The vendor has to furnish all the information as required regarding their offer.3.1.2 Quotation from any sub-vendor will not be entertained.3.1.3 Any form of consortium will not be allowed.3.1.4 The vendor shall satisfy WBSEDCL with his ability to perform the PMA work.3.1.5 All correspondence, documents and Bid, exchanged between the Vendor and WBSEDCL shall be

written in English language. Failure to comply with this request may disqualify a vendor.3.1.6 The Company reserves the right, to reject any or all the tenders, at its discretion, without

assigning any reason whatsoever.

3.2. Force Maieure3.2.1 The vendor shall be under no liability if the vendor is prevented from carrying out any of the

vendor's obligations by reason of war, Invasion, act of foreign country, hostilities, riots, civilcommotion, mutiny, accident, earthquake, fires, floods, orders and / or restrictions and othercause beyond the reasonable control of the vendor. However, such force majeurecircumstances are to be intimated immediately and to be established subsequently with properdocuments / proofs to the entire satisfaction of WBSEDCL.

3.2.2 WBSEDCL will not take any additional liability towards enhanced taxes, duties and pricevariation due to force majeure condition.

3.3. {;ancellation/Termination Of Order: WBSEDCL shall have the right to repudiate the contract if thework is not been performed as per satisfaction and as per rime Schedule" Clause. The followingcauses may also lead to cancellation of LOA.3.3.1 Non acceptance of LOA as per `'Acceptance" clause.3.3.2 Non submission of performance BG within time.3.3.3 lffailed to perform the project Management Ageney work.3.3.4 ln each abovecases 15 daystermination notice shall be issued priorto termination ofLOA.3.3.5 lf the vendor fails to perform the Project Management Ageney work as pertime schedule or

the performance of the vendor is found to be not satisfactory as per the terms and condition asstipulated in the tender the LOA placed on the vendor may be terminated.

3.4. Performance Guarantee_:The vendor will sumit Bank Guarantee on non-judicial stamp paper of Rs.loo/-by any Schedule Bank in

LijisEffi


(I T a Communiecuton Cell)Vidyut Bhavan,3rd Floor, C&D BIock, Bidhan Nagar, BIock-DJ, See-II, Kolkata-700091

Phone No.033-2358-9665, FAX No.033-233]-242] , 033-2358-9244Website:www.wbsedcl.in,e-mail:[email protected]

CIN: U40109W82007SGC113473

India, as per format enclosed (ANNEXURE-I) for an amount of 10% of the Contract value within 15 days

from the date of placement of LOA to the Chief Engineer, lT&C Cell. No claim shall be made against the

Company in respect of interest on the Performance BG. The Performance Security Deposit is liable to

be encashed in case of noncompliance to the LOA or failure to undertake satisfactory Project

Management Ageney work. The BG shall be valid for 90 (Ninety) days after completion of contract

period with a claim period of further 6 (Six) months.

3.5. Arbitration & Legal Jurisdiction:

3.5.1. During execution of this contract, if any dispute arises thereby, shall be settled amicablybetween WBSEDCL and yourself to the extent possible.

3.5.2. All disputes or differences in respect of which the decision if any has not become final shall besettled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act -1996 or any statutory modification thereof. The venue of Arbitration shall be Kolkata only.

3.5.3. The necessary legal affairs and / or court case shall be exclusively within the jurisdiction ofCalcutta High Court only.

3.6. Liquidated damage:

lf the contractor shall fail to complete the work of respective package within the time prescribed

herein or extended time for completion, then the contractor shall pay to the Company a sum

amounting to half percent(1/z%) of the total contract price as liquidated damage for such default for

every week or part of a week which shall elapse between the time prescribed or extended time as the

case may be and the date of completion of the work subject to a maximum of ten percent(10%) of thetotal contract price of respective package. The Company may, without prejudice to any other method

of recovery, deduct the amount of such damages from any money in their hand due or which may

become due to the contractor or from the Performance Bank Guarantee. The payment or deduction of

such damages shall not relieve the contractor from his obligation to complete the work or from any

other of his obligations and liabilities under the contract.

3.7. Risk Purchase / Performance: if the vendor fails to deliver the service as per the satisfaction ofWBSEDCL, WBSEDCL shall be entitled to execute the job through the best and nearest substituteavailable elsewhere on the account and at the risk of the contracting ageney or to cancel the contractand the contracting ageney shall be liable to compensate for any loss or damage which WBSEDCL maysustain by reason of such failure on the part of the Contracting Agency.

3.8. Extension of period of Assignment:Extension of Time Schedule as referred in clause no. 2.2 may be considered in case if the proj.ect work

is extended beyond the contract period in the event of delay(s) not attributable to the vendor.

WBSEDCL may consider for payment of contract fee on mutually agreed terms.

LijEsffi


(I T & Corrmu"j,ca,fion Cetl)Vidyut Bhavan,rd Floor, C&D BIock, Bidhan Nagar, BIock-DJ, Sec-I_I: !pl±gt.a_-700091

Phone No.033-2358-9665, FAX No.033-2337-2427 , 033-2358-9244Website: www.wbsedcl.ir]_, e~mail: if±€[email protected]

CIN: U40109W82007SGC113473

3.9. Limitation of liability :Except in cases of gross negligence or willful misconduct:

3.9.1. neither party shall be liable to the other party for any indirect or consequential loss or damage,loss of use, loss of production, or loss of profits or interest costs, provided that this exclusionshall not apply to any obligation of the vendor to pay liquidated damages to WBSEDCL, and

3.9.2. the aggregate liability of Vendor to WBSEDCL, whether under the Order, in tort, or otherwise,shall not exceed the amount specified in the Contract Price. Provided that this limitation shallnot apply to the cost of repairing of replacing defective equipment/solutions, or to anyobligation of the vendor to indemnify WBSEDCL with respect to patent infringement.

3.10. Submission Of bills for payment :Bills in triplicate as per terms of payment is to be submitted to the Chief Engineer, lT&C Cell for

payment.

3.11. Terms of pavment:3.11.1 Payment will be released only after submission of Performance Bank Guarantee.3.11.2 No mobilization Advance will be paid.

3.11.3 Payment schedule :

clause no. Phase ActivityPaymentSchedule

Milestone

3.11.3.1

Preparation ofBid Document 5% of order On approval of the tender

Tenderpreparation value. document and successful opening

Document of price bid.

3.11.3.2Evaluation of Tender 50/oof order On successful evaluation of tenderBids evaluation value and placement of order for ITIA.

3.11.3.3

Data CentreandDisasterRecoveryCentre

Successful

5% of Ordervalue

On successful installation andInstallation andCommissioning commissioning of all the Hardware

and Software at Data Centre andat Data CentreandDisaster Disaster Recovery Centre and

certification of Data Centre andRecovery Centre Disaster Recovery Centre ln-by ITIA. Charge.

3.11.3.4 Go-liveGo-live of 10TOwns 5% of Ordervalue On successful Go-Live declaration

of 10 Towns and acceptance by

PFC.

3.11.3.5 Go-live Go-live of 10 5% of OrderOn successful Go-Live declaration

of 10 Towns and acceptance by

'ijisiffi


(I T & Communication Cell)Vidyut Bhavan,3'd Floor, C&D BIock, Bidhan Nagar, BIock-DJ, Sec-II, Kolkata-700091

Phone No.033-2358-9665, FAX No. 033-233]-242] , 033-2358-9244Website:yyww.wb_s±ei;d!£JjiLe~mail:[email protected]

CI N : U40109W82007SGC113473

clause no. Phase ActivityPaymentSchedule

Milestone

TOwns value PFC.

3.11.3.6 Go-liveGo-live of 10 5% of Order On successful Go-Live declaration

TOwns value of 10 Towns and acceptance byPFC.

3.11.3.7 Go-liveGo-live of 10TOwns 5% of Ordervalue

On successful Go-Live declaration

of 10 Towns and acceptance byPFC.

3.11.3.8 Go-liveGo-live of 9 5% of Order On successful Go-Live declaration

Towns value of 9 Towns and acceptance by PFC.

3.11.3.9Equal monthlyPayment

Equal monthlypaymentofthe50%oftheordervalue1/33th of To be paid on monthly basis after

50% of the certification by the Controlling

order value Officer.

3.11.3.10 Final paymentClosure of the 10% of the To be paid after receiving grant

Project order value from PFC and closure of the project

3.12. WBSEDCL personnel for liaisonControlling Officer : Additional Chief Engineer, lT&C Cell.Supervising Officer : Superintending Engineer, lT&C Cell.

Site Officers: Respective Regional Manager/ Divisional Manager / DE (Technical)/ AE (Technical) /

Station Managers.

Paying Authority: - Sr. Manager (F&A), Establishment Corporate, WBSEDCL will be the paying

authority.

3.13. Enclosure:3.13.1. Annexure -I : Format of Performance Bid Guarantee3.13.2. Annexure -11 : List of IPDS Towns

aithfully,

;cti:(D. DasguELta ) -

Chief Engineer, IT&C Cell

WBSEDCL

ANNEXURE -I

PROFORMA FOR BANK GUARANTEE FOR CONTRACT PERFORMANCEITo be stamped in accordance with Stamp Act)

Bank Guarantee No.Ref No.

ToThe West Bengal State Electricity Distribution Company Limited,Vidyut Bhavan, Salt Lake,DJ Block, Sector-ll,Kolkata -700 091 (India).

Dear Sir,

with its Registered/Head Office at

Date :

In consideration of West Bengal State Electricity Distribution Company Limited (hereinafter referred to as WBSEDCL) whichexpression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns havingawarded to M/s(hereinafter referred to as the 'Contractor') which expression shall unless repugnant to the context or meaning thereof, include

valued

(Scope of Contract) and the Contractor having agreed to provide athe faithful performance of the

i`ts successors, administrators, executors and assigns, a Contract by issue of Order No._datedat forContract Performance Guarantee

original order), against Contract to WBSEDCL.

We

Order No. date ...,,................ (reference of

(Name and Address) havinghereinafter referred to as the `Bank') which expression shall, unless

its Head Office atrepugnant to the cont®ct or meaning thereof include its

successors, administrators, executors and assigns do hereby guarantee and undertake to pay WBSEDCL, on demand any and allas aforesaid at any time upto (day/month/year) without any

demur, reservation: contest recourse or protest and or without any reference to the Contractor. Any such demand mademoneys payable by the Contract to the extent of

WBSE.DCL on the Bank shall be concliisive and binding notwithstanding any difference between WBSEDCL and the Contractoror any dispute pending before any before any Court, Tribunal or any other Authority. The Bank undertakes not to revoke thisguarantee during its currency without previous consent of WBSEDCL and further agrees that the guarantee herein containedshall continue to be enforceable till the WBSEDCL discharges this guarantee.

WBSEDCL shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to timeextend the time for performance of the Contract by the Contractor. WBSEDCL, shall have the fullest liberty, without affectingthis guarantee to postpone from time to time the exercise of any powers vested in them or of any right which they might haveagainst the Contractor and to exercise the same at any time and any manner, and either to enforce or to forbear to enforce anycovenants, contained or implied in the Contract between WBSEDCL and the Contractor or any other course of remedy or securityavailable to WBSEDCL. The Bank shall not be released of its obligations under this presents by any exercise by WBSEDCL ofits liberty with reference to the matters aforesaid or any of them or by reason or any other acts of omission or commission onthe part of WBSEDCL or any other indulgence shown by WBSEDCL or by any other matter or thing whatsoever which under thelaw would but for this provisions have the effect of relieving the Bank.The Bank also agrees that WBSEDCL at its option shall be entitled to enforce this guarantee against the Bank as a Principaldebtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guaranteethat WBSEDCL may have in relation to the contractor's liabilities.Notwithstanding anything contained herein above our liability under this guarantee isin force up to and includingM/s.

restricted to and shall remainand shall be extended from time to time for such period, as may be desired by

to whose behalf this guarantee has been given.All rights of WBSEDCL under this guarantee shall be forfeited and the Bank shall be relieved and discharged from all liabilitiesthere-under unless the WBSEDCLenforce a claim under this guarantee against the Bank within three months from the abovementioned date or from the extended date.

Dated thisMwfness ..

(Signature)

(Name)

(Official address)

2018 at

(Signature)

(Name)

(Designation with Bank Stamp)

Attorney as per Power of

Attorney No.Date

Annexure-11

Sl. No. List of Towns Under IPDS Phase-II, IT Scheme1 Sonamukhi2 Nabadiganta Industrial Town area3 New Barrackpore4 Rajarhat-Gopalpur5 Nalhati6 Januria7 Daihat8 Tufanganj9 Mathabhanga10 Mirik11 Baidyabati12 Bansberia13 Bhadreswar14 Dankuni15 Rishra16 Tarakeswar17 Uttaapara-Kotarang18 Bally19 Uluberia20 Howrah21 Haldibari22 Mekhliganj23 Mal24 Old Malda25 Taherpur26 B arrackpur C antorment27 Bhatpara28 Garulia29 Halischar30 Kanarhati31 Khardah32 North Barrackpore33 North Dundun34 Panihati35 Chandrakona Tour36 Khirpai37 Ftharar38 Ramjibanpur39 Belda40 Panskura41 Egra42 Jhalda43 Raghunathpur44 Beldanga45 Dalkhola46 Pujali47 Joynagar Maj ilpur48 Rajpur Sonarpur & KMC49 Cooper's Camp (NA + OG)

Lifiiffi


(I T & Corrmunieation Cell)Vidyut Bhavan,3rd Floor, C&D BIock, Bidhan Nagar, BIock-DJ, Sec-II, Kolkata-700091

Phone No. 033-2358-9665, FAX No. 033-233] -2427 , 033-2358-9244Website: www.wbsedcl._io, e-mail: [email protected]

CI N : U40109W82007SGC113473

Memo no. :WBSEDCL/IT&C/80/ !9q Date :19.03.2018

Copy forwarded for information and necessary action please to :-

1) The Executive Director, lT, WBSEDCL.

2) The GM (F&A). Corporate, WBSEDCL

3) The Additional chief Engineer, lT&C cell, WBSEDCL.

4) TheAddl GM(F&A), Corporate lT, WBSEDCL

5) The ln-Charge, Rajarhat Data Center, WBSEDCL, for follow up action for the execution of the job at Rajarhat DC.

6) The Manager(F&A), EC, WBSEDCL.

7) The ln-Charge, Berhampore Disaster Recovery Center, WBSEDCL, for follow up action for the execution of the job at

Berhampore DRC.

8) The Asst. Manager (HR&A), lT& C cell, WBSEDCL

9) Mr.Daipayan Basu, Project Leader, M/s TCS.

ch,efE2efi:A\¥WBSEDCL

Page 8

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