empanelment of agencies to undertake sap development ... sap...empanelment of agencies to undertake...

Date: 14.03.2019

CORRIGENDUM

Empanelment of agencies to undertake SAP development works in OMC

The Final tender schedule vide NIT No. OMC/MAT/E-PROC/04/2019 with e-tender I.D No. 2019_OMC_53838_1 after Pre-bid meeting held on 27/02/2019 is here by amended as detailed below. The last date of online submission of tender is hereby extended till 27/03/2019 up to 05:00PM. The date of opening of techno commercial bid is on 28/03/2019 at 11:00 AM. All other terms & conditions of the tender shall remain unchanged. Interested bidders are requested to visit the website i.e www.tenderodisha.gov.in & www.omcltd.in for revised tender schedule.

Sd/- General Manager (Mat.)

The Odisha Mining Corporation Ltd. (A Gold Category State PSU) Registered Office: OMC House, Bhubaneswar-751001, India Tel: 0674-2377436/2377488/2377430/2377464, Fax: 0674-2395889 CIN : U13100OR1956SGC000313

The Odisha Mining Corporation Ltd. (A Gold Category State PSU)

Registered Office : OMC House, Bhubaneswar-751001, India Tel: 0674-2377400/2377401, Fax: 0674-2396889, 2391629, www.omcltd.in

CIN : U13100OR1956SGC000313

http://www.tenderodisha.gov.in/http://www.omcltd.in/

E-procurement Notice

NIT No. OMC/MAT/E-PROC/04/2019 Dated. 14/02/2019

1. Name of the work Empanelment of agencies to undertake SAP development works in OMC

2. Availability of bid document in Govt. Portal

18/02/2019 after 05:00PM

3. Last date for sending queries to OMC

25/02/2019 up to 05:00PM

4. Pre-bid meeting 27/02/2019 at 11.00AM

5. Uploading of final tender schedule

15/03/2019 up to 05:00PM

6. Last date of online submission of tender in portal

27/03/2019 up to 05:00PM.

7. Submission of EMD The bidder shall have to deposit Rs.50,000.00 (Rupees Fifty Thousand) only through on line as available in www.tendersodisha.gov.in

8. Date of opening of Techno-commercial Bid

28/03/2019 at 11:00AM.

All other details can be seen from the tender document available at Govt. web site i.e www.tendersodisha.gov.in & in OMC website i.e. www.omcltd.in.

OMC reserves the right to reject this tender without assigning any reason thereof.

Sd/-14.02.2019

GENERAL MANAGER (MAT)

The Odisha Mining Corporation Ltd. (A Gold Category State PSU)

Registered Office: OMC House, Bhubaneswar-751001, India Tel: 0674-2377400/2377401, Fax: 0674-2396889, 2391629, www.omcltd.in

CIN : U13100OR1956SGC000313

http://www.omcltd.in/

The Odisha Mining Corporation Limited Empanelment of agencies to undertake SAP development works in OMC

NIT No. 04 dated 14th February, 2019

Glossary of Terms

DSC Digital Signature Certificate EFT Electronic Fund Transfer EMD Earnest Money Deposit FY Financial Year GST Goods and Services Tax GSTIN GST Identification Number GSTR GST Returns GTE General Technical Evaluation IFSC Indian Financial System Code IT Income Tax ITC Input Tax Credit MICR Magnetic Ink Character Recognition MSE Micro and Small Enterprise MSME Micro, Small & Medium Enterprise NEFT National Electronic Funds Transfer NIT Notice Inviting Tender OMC The Odisha Mining Corporation Limited PAN Permanent Account Number PSU Public Sector Undertaking RTGS Real Time Gross Settlement SMS Short Message Service TIA Tender Inviting Authority

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1. Notice Inviting Tender

1.1 The Odisha Mining Corporation Limited invites e-tender for empanelment of Odisha based agencies, experienced in undertaking SAP related implementation and development projects and works, as per the below requirements:

Sl. No.

Domain of expertise

Brief description of required credentials

and experience of the agencies

Time period of empanelment

Location for providing the

services

1 Various modules of SAP – as mentioned in Clause 3.2 of the tender

Experience of implementation and development of projects in SAP modules during last 3 years

3 years OMC office at Bhubaneshwar

1.2 OMC intends to empanel up to 5 (five) such agencies; however, based on the

number of bids received, as well as the quality and experience of the agencies who submit their bids, OMC may choose to empanel a lesser or higher number of such agencies.

1.3 The bids are to be submitted in two parts in two covers, namely: (i) Techno-Commercial Bid – under Cover I and (ii) Price Bid – under Cover II

1.4 The entire bidding process shall be held on the e-procurement portal of the Government of Odisha (www.tendersodisha.gov.in). Bidders should possess compatible & valid Digital Signature Certificate (DSC) of Class-II or Class-III.

1.5 The Techno-Commercial Bid shall not contain any information regarding the Price Bid.

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http://www.tendersodisha.gov.in/



2. Data Sheet and Schedule for the Tender Sl. No. Parameter Name

1. Name of tender Empanelment of agencies to undertake SAP development works in OMC

2. Type of tender Open tender 3. Mode of tender e-tender 4. E-tender site www.tendersodisha.gov.in 5. Earnest Money Deposit

(EMD) Amount: Rs. 50,000/- (Rupees Fifty Thousand only) only as EMD through on line as available in www.tendersodisha.gov.in

Schedule of the tender process 6. Date of publication of NIT 15/02/2019 7. Uploading of final tender

schedule 15/03/2019 up to 05:00PM

8. Last date of online submission of tender in portal

27/03/2019 up to 05:00PM.

9. Opening of Techno-Commercial Bids

28/03/2019 at 11:00AM.

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3. Scope of Services

3.1 OMC intends to empanel agencies having experience in SAP implementation and development for carrying out SAP related development works. The agency should have its office in Odisha. The tenure of the empanelment shall be for 3 (three) years. During the period of the empanelment, OMC shall approach the empanelled agencies as and when any SAP related development work come up in OMC. The professional fees payable for such job shall be determined based on the person day rates of such empanelled agencies. The bidder shall quote person-day rates for such jobs, in response to enquiries that are sent by OMC to the empanelled agencies. For each job, the agency shall be chosen from amongst the empanelled agencies based on the lowest price offer.

3.2 The modules where SAP development work may come up with OMC are as follows: i) ABAP ii) Sales and distribution iii) Materials management iv) Production planning v) FICO vi) HR vii) ESS viii) Fiori ix) Payroll x) Project System

3.3 Subletting The professionals proposed by the agencies during the empanelment should be on the payroll of the agency and should be available to work with OMC, as and when the jobs of OMC come up. The agency is not allowed to subcontract, outsource, sub-let or assign the assigned projects/ jobs to any third party. The replacement of the proposed professionals shall not be normally allowed except in the case of resignation, medical incapacity or demise of such professionals or any other extraneous circumstances beyond the reasonable control of the agency. Such replacement shall be subject to availability of professionals of equivalent or better qualifications and experience. Any replacement of professionals shall be with the written approval of the key contact from OMC. However, the OMC management reserves the right to refuse any such approval without being bound to provide any reason or rationale for such decision.

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NIT No. 04 dated 14th February, 2019 3.4 Terms and tenure of the empanelment:

3.4.1 The overall tenure of the empanelment is for 3 (three) years – there shall be no

rate escalation during this period.

3.4.2 During this time period of empanelment, as and when requirement for SAP development jobs/ projects come up in OMC, OMC shall send enquiries to all the empanelled agencies to submit their offers to take up the jobs. The format for the enquiry to be sent by OMC and response thereof is given in Annexure-7 hereof. The empanelled agency which submits the lowest price offer (to be calculated as a product of person day rates and person days quoted) shall be selected as the agency to take up the job and thereafter issued the work order. In case of insufficient response to any enquiry sent by OMC, OMC reserves the right to send a fresh enquiry to the empanelled agencies.

3.4.3 In the event that 2 (two) or more empanelled agencies have submitted identical

lowest identical price offers in response to an enquiry sent by OMC, OMC shall hold an auction amongst such tied agencies. The auction shall be held at the office of OMC in Bhubaneshwar and only the tied agencies shall be invited to attend the same, wherein they have to physically submit their revised price offers on their respective letterheads (with company rubber stamp) and in sealed covers. Hence the authorized signatory of the tied agencies are required to attend such auction. The revised price offer to be submitted should be lower than the original price offer; else the revised price offer shall not be considered by OMC for further evaluation. The tied agency who offers the lowest revised price offer in such auction shall be declared to be selected agency and the lowest revised price offer received by OMC during such action shall be the contract price. In the event that the authorized signatory of a tied agency is not present during the auction or the authorized signatory of such agency does not or is unwilling to participate in such auction, the auction would be held amongst the remaining tied agencies and if there is only one remaining tied agency, the latter will be declared as the selected agency, provided that the revised price offer submitted by such agency is lower than that its earlier submitted price offer; in such a case the revised price offer submitted by such agency shall be considered to be the contracted price. In case of a second round of tie between the revised price offers submitted by the tied agencies, the agency with the higher average annual turnover (to be determined by OMC on the basis of the audited financial statements submitted by such agencies as part of their Techno-Commercials Bids during their empanelment process) during the 3 (three) financial years preceding the empanelment i.e. (FY 2015-2016, FY 2016-2017 and FY 2017-2018) shall be declared as the selected agency and the revised price offer submitted by such agency shall be considered to be the contracted price.

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3.4.4 The LOI containing the contract price shall be sent to the Agency. The Agency has to deposit Initial Security Deposit as per the rate mentioned in ISD clause (7), failing which the EMD of such agency may be forfeited by OMC

3.5 Location of the work: The location of the work shall be both the agency’s own offices as well as the OMC office at Bhubaneshwar. Accordingly, bidders should quote their person day charges separately for i) off-site rate - person day rate for work from own office

ii) on-site rate – person day rate for work from OMC office Bhubaneshwar,

which includes travel costs to be incurred to reach the OMC office in Bhubaneshwar, as well stay costs in Bhubaneshwar (if applicable), and any other out of pocket expenses.

3.6 In case the work has to be done at any other locations of OMC outside

Bhubaneshwar, OMC shall arrange for the to and fro travel from Bhubaneshwar to such locations as well as for food and accommodation at the guest houses of OMC at such locations on a free of cost basis. Also any licensing, software and hardware requirements, if any, shall also be provided by OMC.

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4. Instruction to Bidders

4.1 The bidders intending to participate in this tender are required to register on the e-procurement portal of the Government of Odisha (www.tendersodisha.gov.in.) This is a onetime activity for registering on the Government website. During registration, the bidders will be required to attach a Digital Signature Certificate (DSC) to the bidder’s unique user ID. The DSC used should be of appropriate class (Class II or Class III) issued by a registered Certifying Authority. The registration of bidders on the portal shall be free of cost. The registration should be in the name of the bidder, whereas the DSC holder should be the duly authorized signatory of the bidder.

4.2 The tender documents shall be available on the state e-procurement portal and the tender section of the website of OMC (www.omcltd.in/). There shall be no sale of hard copies of the tender documents. Tenders can be accessed by the prospective bidders at the above websites and may be downloaded by them free of cost.

4.3 The bids are to be submitted in two covers, consisting of: (i) Techno-Commercial Bid (under Cover I) and (ii) Price Bid (under Cover II). Both the Techno-Commercial Bid and the Price Bid have to be submitted on the e-procurement portal of the Government of Odisha.

4.4 The authorized signatory of the bidder should be duly authorized by a Power of Attorney authorizing him/her to perform all tasks related to tender submission, including but not limited to sign and submit the bid and to participate in the bidding process on behalf of the bidder. The format for the Power of Attorney is given in Annexure 1 of this tender document. Each page of all scanned documents submitted as part of the Techno-Commercial Bid should be initialed by the authorized signatory of the bidder.

4.5 Eligibility criteria for bidders: The bidders participating in this tender should fulfill the following criteria :

Sl. No. Eligibility Criteria Required Documents 1. The Bidder should be a

company/LLP/Partnership Firm. Copy of Certificate of Incorporation/ registration as the case may be.

2. In case the Bidder is a company, the Company should be registered under Indian Companies Act 1956 / 2013. The company should be primarily providing IT / ICT / ITeS operations in India for the last five financial years as on bid closing date

Copy of the certificate of incorporation issued by the concerned RoC, MOA and Articles of Associations should be attached.

3. Bidder must have a valid PAN No. and GST Copy of GSTIN in Form

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https://omcltd.in/



Registration No. meant for IT Services. REG-06 & PAN 4.. Average Annual Turnover from IT and IT

enabled services during the last three (3) Financial years ending on 31st March 2018 should be at least 50 Lakhs. The Bidder should be a profit-making (at PAT level) company for the last three (3) financial years ending on 31st March 2018

Audited Balance sheet and Profit & Loss statement

5.. The bidder should not have been blacklisted/ debarred from participating in any bid by OMC or any other Government organization during any of the last 3 years.

An undertaking to this effect should be submitted in non-judicial stamp paper duly notarized.

6.. The bidder or any of its Director(s) should not have been convicted by any court of Law for an offence involving moral turpitude in relation to business dealings during the last 3 years

The bidder shall give an affidavit to this effect. The affidavit must be affirmed before the competent judicial authority or duly notarized by the Notary

7.. The bidder shall be a SAP partner and have valid SAP partnership certificate* as on the last date of online submission of tender in portal and shall submit a copy of such certificate as part of its Techno-Commercial Bid.

Copies of relevant SAP Partnership Certificate* ( Refer clause 4.5.1 (ii))

8. The bidder should have a proven track record of successful completion of at least three SAP module implementation or support in State or Central Government organizations/ PSUs /Private organization in India of value not less than Rs. 20 Lakhs during the last 3 years.

Copies of Work Order with Completion Certificate/ Continuation Certificates

9. The bidder should have a minimum strength of 25 Information Technology professionals in its payroll. The company should have registration under the Employees Provident fund act 1952/ State Insurance Act 1948.

Copy of EPF registration certificate, ESI registration certificate, latest EPF challan and list of required no. of employees working with the organization.

10. The Bidder shall have on its payroll at least 4 (four) Sap certified professionals, each one of whom should have at least three years of experience in relevant SAP module, in which they hold the certificate.

CV of the professional to be submitted by the Bidder as per Annexure-5

11. Presence in Odisha for effective support and coordination.

Relevant authenticated document such as Client certification, PO etc. of work executed/executing

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in Odisha has to be attached.

12. The bidder should submit EMD as provisioned in the tender.

Required DD/ BG/ pay order drawn as instructed

4.5.1 Technical Capacity: The bidder shall meet the following technical capacity requirements: i) Experience of having successful completion of at least 3 (three)

projects of SAP module implementation or support during last 5 (five) years, wherein the combined value of the projects (excluding taxes) shall be at least Rs. 20,00,000/- (Rupees Twenty lacs only). The value of the work completed shall be evaluated by OMC based on the work orders and completion certificates submitted by the bidder as part of the Techno-Commercial Bid. The last 5 (five) years shall be mean the period of 5 (five) years as considered from the date of tender publication. For example, if the date of publication of this tender is 5 December 2018, the last 5 (five) years shall mean the period of 6 December 2013 to 5 December 2018.

ii) The bidder shall be a SAP partner and have valid SAP partnership certificate as on the last date of online submission of tender in portal and shall submit a copy of such certificate as part of its Techno-Commercial Bid. * The bidders who has no SAP partner certificate can still apply, but shall not be awarded any mark in the technical evaluation under the technical scoring criteria (Clause 4.24), however, if they qualify for empanelment based on the Combined Score (S) provided for, in Clause 4.20, they would be required to produce the SAP Partner certificate at the time of signing of the Agreement, failing which they will not be considered for empanelment.

iii) The bidder shall have on its payroll at least 4 (four) SAP certified professionals, each one of whom should have at least 3 (three) years of experience in the relevant SAP module, in which they hold the certification. The 3 (three) years of experience shall be considered as on the date of tender publication. The CVs of the professionals are to be submitted by the bidders (as per the format given in Annexure 5) along with copy of the SAP certification of the professionals.

4.5.2 Financial Capacity: The bidder shall meet both the following financial criteria:

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i) The average turnover of the bidder from providing IT and IT enabled services during the last 3 (three) financial years (FY 2015-2016, FY 2016-2017 and FY 2017-2018) shall be at least Rs. 50,00,000/- (Rupees Fifty Lakh only).

ii) The net worth of the bidder in each of the last 3 (three) financial years

(FY 2015-2016, FY 2016-2017 and FY 2017-2018) should be greater than 0 (zero). The definition of net worth shall be as per the Companies Act 2013, i.e.

“the aggregate value of the paid-up share capital and all reserves created out of the profits and securities premium account, after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation;”

Note: Bidder shall submit copies of audited financial statements (consisting of (i) balance sheet, (ii) profit & loss statement and (iii) cash flow statement) of the last 3 (three) financial years, i.e. FY 2015-2016, FY 2016-2017 and FY 2017-2018, along with a certificate from the statutory auditor, certifying the annual turnover of the bidder from providing IT and IT enabled services as well as the net worth of the bidder in the last 3 (three) financial years (i.e. FY 2015-2016, FY 2016-2017 and FY 2017-2018) under consideration.

4.5.3 Other criteria: The bidder shall also meet the following criteria:

i) The bidder shall either be a partnership firm or a company /

corporation incorporated under the Companies Act, 1956/2013 or established by virtue of a law enacted by the Parliament or a LLP registered under LLP Act. Bidding in the form of a consortium is not allowed.

ii) In case a bidder is a registered partnership firm or a limited liability

partnership firm, then the partnership firm must abide by the stipulations as mentioned below:

a) The partnership firm ought to be a registered partnership firm

under the provisions of Partnership Act 1932. The date of registration of the Firm under the provisions of Partnership Act 1932 is the date of entry of the statement recorded in the “Register of Firms”

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b) The deed of partnership ought to be registered under the

Indian Registration Act 1908. c) The partnership firm ought to be in existence & in operation

for at least 3 (three) years prior to the date of notice inviting tender

d) The partnership firm ought to have its own experience as

required in the present tender notice. Experience of individual partners will not be considered as the experience of the partnership firm.

e) The partnership firm ought to have a valid PAN, TAN, GSTIN of

its own & not in favor of any individual partner. f) All conditions of eligibility criteria as stipulated in the tender

notice shall be of the partnership firm & not of the individual partners.

iii) Valid registration: The bidder shall be registered on the e-

procurement portal of the Government of Odisha.

iv) Office in Odisha: The bidders should have an office in Odisha as on the date of tender publication and should submit suitable documentary evidence regarding the same. The bidder should have Odisha based GSTIN registration and submit details of the same.

v) Tax related: The bidder shall have valid PAN, TAN, GSTIN in its name and documents in support of the same should be submitted by a bidder as part of its Techno-Commercial Bid.

vi) The bidder ought not to have been blacklisted by OMC or any government or any government instrumentality or any PSU. The bidder shall submit a self-declaration to this effect, as per the format given in Annexure 2.

4.6 Earnest Money Deposit (EMD)

4.6.1 The Bidder shall furnish, as part of its bid, an EMD of Rs.50,000.00/- (Rupees Fifty Thousand) only to be deposited through on line. Instruction to be followed for on line payment available in e-procurement portal during processing of the tender by the bidder.

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4.6.2 Earnest money deposit (EMD) on submission/ cancellation of bids: EMD as mentioned above only shall be submitted through online in the portal of Govt. of Odisha i.e. at www.tendersodisha.gov.in. The EMD of the rejected bidders will be refunded to the account from where the money has been debited. After financial evaluation, the EMD of bidders other than empanelled bidder will be credited to their respective account through e-procurement portal. After signing of the Agreement with the Preferred Bidders on submission of required Performance Security by the empaneled Bidder, the EMD of the said bidders will be refunded to their respective account through e-procurement portal. In case of cancellation of the tender before bid opening date and time the EMD shall be refunded through e-procurement portal. EMD of the Bidder liable to be forfeited if the bidder withdraws the bid or make any changes to the BID before Finalization of the BID. The EMD of the successful bidder shall be forfeited if he denies to execute the work after their selection as successful bidder. The Bidders, who are exempted to deposit EMD amount due to any exemption granted by Central/State Govt., are required to attach scanned copy of relevant documents evidencing such exemption granted, along with the Techno-Commercial Bid document while submitting online. The bidders, who does not submit EMD amount claiming exemption but does not submit relevant document, is ineligible for bidding.

4.7 Bid validity period: The bid shall initially remain valid and binding on the bidder for at

least 120 (one hundred and twenty) days from the bid due date, as given in the Data Sheet and Schedule for the Tender. Any bid with a shorter validity period shall be rejected by OMC. Under exceptional circumstances, OMC may in writing request the bidders to extend the bid validity period of their bids. A bidder may refuse the request of OMC to extend their bid, without forfeiture of its EMD and the EMD of such bidder will be returned to the concerned bidder. However, such bids will not be evaluated further.

4.8 Issue of corrigendum / amendment: At any time prior to the bid due date, OMC may at its own initiative or in response to a query or clarification requested by a prospective bidder, issue corrigendum/ amendment to the tender documents, which

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shall be freely available for download on its website and also on the e-procurement portal of the Government of Odisha and the same shall also be considered to be part of the tender documents. In order to give bidders a reasonable amount of time to take into account such corrigendum / amendment, OMC may at its own discretion also extend the bid due date.

4.9 Acknowledgement by the bidder: It shall be deemed that by submitting its bid, the bidder has:

i) received all relevant information requested from OMC;

ii) accepted the risk of inadequacy, error or mistake in the information provided

in the tender documents or furnished by or on behalf of OMC relating to any of the matters related to this tender or otherwise;

iii) satisfied itself about the scope of empanelment services being followed by

OMC, to be delivered and the extant conditions and all matters, things and information necessary and required for submitting an informed bid;

iv) acknowledged and agreed that inadequacy, lack of completeness or

incorrectness of information provided in the bidding documents or ignorance of any of the matters shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc. from OMC;

v) agreed to be bound by the undertakings provided by it under and in terms;

and OMC shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to the tender documents or the bidding process, including any error or mistake therein or in any information or data given by OMC.

4.10 Right to accept or reject any/ all bids: Notwithstanding anything contained in the

tender documents, OMC reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof. OMC reserves the right to reject any bid if at any time, a material misrepresentation is made or uncovered, or the bidder does not provide, within the time specified by OMC, any supplemental information sought by OMC for evaluation of the bid, or if the bid is conditional or qualified.

4.11 Language of the bid: The bid and all related correspondence and documents in relation to the bidding process shall be in the English language. Supporting documents and printed literature furnished by the bidder with the bid may be in any

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other language provided that they are accompanied by translations of all the pertinent passages in the English language, duly authenticated and certified by the bidder. Supporting materials, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the bid, the English language translation shall prevail. The English translation of the documents shall be carried out by professional translators and the translator shall certify that he is proficient in both languages in order to translate the document and that the translation is complete and accurate.

4.12 Bid to be submitted by bidders: The bid to be submitted by bidders shall consist of the Techno-Commercial Bid and the Price Bid. 4.12.1 Techno-Commercial Bid: Bidders shall have to submit their Techno-

Commercial Bid on the e-procurement portal of the Government of Odisha. The Techno-Commercial Bid should consist of clear and legible scanned copies of all the required documents and should be submitted within the bid due date, as indicated in the Data Sheet and Schedule for the Tender. The Techno-Commercial Bid should contain no Price Bid related information. The Techno-Commercial Bid shall consist of the following:

i) Power of Attorney (as per the format given in Annexure 1) in favor of

the authorized signatory of the bidder who shall also be the DSC holder. Please refer to Clause 4.4 for further details

ii) Proof of payment of EMD; in case of local micro & small enterprise bidders who are exempted from submission of EMD, the bidder should submit a copy of their latest and current valid registration certificate as well as relevant documentary evidence regarding their exemption from payment of EMD. Please refer to Clause 4.6 for further details.

iii) Documents towards fulfillment of eligibility criteria: Please refer to Clause 4.5.1, Clause 4.5.2 and Clause 4.5.3 for further details of documents to be submitted in this regard.

iv) Documents related to the experience, credentials and personal of the bidder as required for determining the Technical Score, Ts of the bidder – please see Clause 4.24.

v) Techno-Commercial Bid checklist as per Annexure 4

4.12.2 Price Bid: The Price Bid shall be submitted online in the e-tender portal of the

Government of Odisha in Cover-II. The Price Bid shall be the person day

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charges for providing the required SAP related services to OMC. Separate person day charges shall be quoted by the bidders for (as per Clause 4.21.2), off-site rate and on-site rate.

4.13 Material deviation

Material deviations in the bids received shall include, inter alia, the following: i) The Techno-Commercial Bid does not contain and/ or is not accompanied by

all of following documents: a) Proof of payment of EMD or exemption related documents. Please

refer to Clause 4.6 for further details. b) Documents towards fulfillment of eligibility criteria; please see Clause

4.5 for details.

ii) Curriculum vitae (as per the format given in Annexure 5) and other requisite documents towards the qualification, experience and other criteria for personnel of the agency, including documentary evidence and certificates towards educational qualifications, experience requirements, certifications and other specific requirements of this tender.

iii) The bid submitted by the bidder is not valid for the minimum bid validity period, as per Clause 4.7.

4.14 Opening of Techno-Commercial Bids: The Techno-Commercial Bids shall be opened

as per the schedule indicated in the Data Sheet and Schedule for the Tender. The Techno-Commercial Bids shall first be evaluated to determine whether they are complete, whether the required documents have been submitted in the correct formats and whether the documents have been properly signed by the authorized signatory and whether the Techno-Commercial Bid is generally in order. It will be determined whether the Techno-Commercial Bid is of acceptable quality, is generally complete and is substantially responsive to the tender documents. For purposes of this determination, a substantially responsive Techno-Commercial Bid is one that conforms to all the terms, conditions and specifications of the tender documents without any material deviations (as defined in Clause 4.13), objections, conditional or reservations.

4.15 A Techno-Commercial Bid which is not substantially responsive, may be rejected by OMC, and may not subsequently be made responsive by the bidder by correction of the material deviations, as defined in Clause 4.13. The responsive Techno-Commercial Proposals shall then be evaluated in detail to determine whether they fulfill the eligibility criteria (as given in Clause 4.5) and other requirements of the tender, such as submission of all the requisite documents as listed in Clause 4.12.

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NIT No. 04 dated 14th February, 2019 4.16 OMC may waive any non-conformity in the Bid that does not constitute a material

deviation, reservation or omission. OMC may request the Bidder to submit information or documentation, to rectify non-material nonconformities in the Technical-Commercial Bid related to documentation requirements. Requesting information or documentation on such non-conformities shall NOT be related to any aspect of the Price Bid. Failure of the Bidder to comply with the request of OMC may result in the rejection of its Bid. OMC, however, is not bound to waive such non-conformity under this Clause.

4.17 If required, OMC may ask bidders to provide clarifications on their bid or provide shortfall documents. The request for clarification and the response shall be in writing.

4.18 Evaluation of Techno-Commercial Bids: The Techno-Commercial Bids received by OMC, shall first be evaluated by OMC to check if they meet the below requirements: i) whether the Techno-Commercial Bid has been properly signed by the

authorized signatory of the bidder;

ii) whether the Techno-Commercial Bid is accompanied by the required EMD or proof of exemption thereof;

iii) whether the bidder has quoted the Bid validity which is not shorter than the

required bid validity period; iv) whether the bidder is qualifying as per the eligibility criteria for bidders, as

per Clause 4.5; and v) Whether the Techno-Commercial Bid is unconditional.

The Techno-Commercial Bids which fulfill the above criteria shall be evaluated further in accordance with the scoring criteria given in Clause 4.24 and a Technical Score, Ts shall be assigned to each such Techno-Commercial Bid. Techno-Commercial Bids which do not fulfill the above criteria shall not be evaluated further and shall not be considered to be technically qualified bids. Techno-Commercial Bids which fulfill the above criteria and which receive a score of 60 (sixty) or higher out of 100 shall be considered to be technically qualified bids. Accordingly the list of technically qualified bidders shall be prepared.

4.19 Opening and Evaluation of Price Bids

4.19.1 The Price Bids of only the technically qualified bidders shall be opened. A

comparative statement shall be prepared detailing each price component in the bid and including all components of the Price Bid, as per Clause 4.12.2.

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4.19.2 In the Price Bid, the bidders shall quote the person day rates for both on-site and off-site. The blended rate to be considered by OMC, for evaluation of the Price Bids are as follows:

Blended rate = On-site rate × 40% + Off-site rate × 60%

It is also specified that the bidder should quote for both on-site and off-site.

4.19.3 The lowest Price Bid (based on the blended rate) received shall be assigned a

Financial Score, Fs of 100. All the other Price Bids (based on the respective blended rates) of the technically qualified bidders shall be assigned a Financial Score, Fs based on the following formula: Fs = 100 X lowest Price Bid received Amount of the Price Bid

Illustration Let the Price Bids which have been received by OMC from technically qualified bidders be as follows:

Sl. No.

Name of bidder

On-site rate per day (Rs.)

Off-site rate per day (Rs.)

Price Bid – blended rate (Rs.)

Ranking Fs

(1) (2) (3) (4) (6) (7) (8) 1 A 2000 1500 1700 L1 100.00 2 B 3000 1000 1800 L3 94.44 3 C 2500 1200 1720 L2 98.84

Thus on the basis of the above, the financial score of each bidder, Fs shall be determined.

4.19.4 In the event that 2 (two) or more technically qualified bidders are found to have the same blended rate, they shall be given the same financial score, Fs as per Clause 4.19.3 above.

4.20 Empanelment of bidders: For each technically qualified bidder, the Combined Score, S shall be calculated as follows:

S = Ts X 70% + Fs X 30% 4.21 The Technical Score, Ts, the Financial Score, Fs and the Combined Score, S shall all be

computed up to two decimal places. During computation the score will be rounded off based on the following logic: with the third digit of 5 (five) or above being rounded up and below 5 (five) being rounded down.

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NIT No. 04 dated 14th February, 2019 4.22 The bidders achieving the top 5 (five) Combined Scores, S shall be empanelled by

OMC. However, based on the number of bids received, as well as the quality and experience of the agencies who submit their bids, OMC may choose to empanel a lesser number of such agencies. In case the Combined Scores of two or more bidders are identical, the bidders will be ranked on the basis of their Technical Scores, i.e. the bidder with higher Technical Score will be assigned a higher rank while identifying the top 5 (five) ranked bidders for empanelment. Example: Let us consider that 8 technically qualified bids have been received by OMC, as below:

Sl. No.

Bidder Technical score

On-site rate (Rs.)

Off-site rate (Rs.)

Blended rate (Rs.)

Financial score

Combined score

Rank Empanelled

1 A 95 10,000 8,000 8,800 70.35 87.61 1 Yes 2 B 90 9,000 8,000 8,400 73.70 85.11 2 Yes 3 C 85 8,500 7,800 8,080 76.62 82.49 3 Yes 4 D 84 8,000 7,735 7,841 78.96 82.49 4 Yes 5 E 81 8,000 7,000 7,400 83.66 81.80 5 Yes 6 F 74 6,500 5,985 6,191 100.00 81.80 6 No 7 G 73 8,900 8,000 8,360 74.06 73.32 7 No 8 H 71 15,000 10,000 12,000 51.59 65.18 8 No

4.23 Issue of notification of empanelment: The empanelled bidders shall be issued a

formal order of empanelment, which they shall have to acknowledge within a period of 7 (seven) days.

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NIT No. 04 dated 14th February, 2019 4.24 Technical scoring criteria: The scoring criteria for computation of the Technical Score, Ts is specified below:

Sl. No.

Criteria Max. score

Marking scheme

Documents to be submitted in the Techno-Commercial Bid

Other Requirements

1 Experience of the agency 40 1A Number of jobs successfully

completed in the area of SAP development & implementation.

30 5 marks for each job – maximum of 6 jobs

Work order along with completion certificate

The experience should be in last 5 (five) years from tender publication date.

1B Number of IT professionals on their payroll.

10 • 25 to 50 IT professionals: 5 marks

• > 50 IT professionals: 10 marks

The bidder shall submit Copy of EPF registration certificate, ESI registration certificate, latest EPF challan and required list of employees working with the organization

The professionals should be on the payroll of the bidder.

2 Whether the bidder is a SAP certified partner

20 Bidder should be a SAP certified partner

Copy of partnership certificate to be submitted by the vendor

3 No. of SAP certified professionals of the bidder

40 CV as per the format given in Annexure 5 – should be signed by both the employee and counter-signed by the employer.”

i. The proposed professionals should be on the payroll of the bidder ii. The proposed professionals should have at least 3 years of experience (as on the tender publication date) in the respective SAP module

3A No. of certified ABAP professionals

10 5 marks for each professional maximum of 2 profiles

3B No. of certified SD professionals 10 5 marks for each professional maximum of 2 profiles

3C No. of certified FI/CO professional 10 5 marks for each professional maximum of 2 profiles

3D No. of certified MM/PP professional

10 5 marks for each professional maximum of 2 profiles

Technical Score, Ts 100

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5. Termination of Contract 5.1 Termination by OMC

a) OMC reserves the right to suspend any of the Services and/or terminate this Agreement in the following circumstances by giving 30 days’ notice in writing:

• Agency becomes the subject of bankruptcy, insolvency, winding up, receivership proceedings or

• In case OMC finds illegal use of connections, hardware, software tools that are dedicated to OMC only.

5.2 Termination for Default: b) OMC may without prejudice to any other remedy for breach of contract,

(including forfeiture of Performance Security) by written notice of default sent to the Implementer, terminate the Contract in whole or in part.

• If the Implementer fails to deliver any or all of the services within the time period(s) specified in the Contract, or any extension thereof granted by OMC, or

• If Implementer fails to perform any other obligation under the Contract to the satisfaction of OMC.

5.3 Conditions for Termination c) Upon occurrence of an event of default as set out in above-mentioned

Section 5.2, OMC will deliver a Default notice in writing to the other party, which shall specify the reason of default, and give the other party an opportunity to correct the default within a reasonable period.

d) At the expiry of notice period specified in Section 5.1 unless the party receiving the default notice remedied the default, the party giving the default notice may terminate the Agreement.

5.4 Force Majeure 5.4.1 Any delay in or failure of performance by either party to this contract shall not

constitute default hereunder or give rise to any claims for damages/compensation against said party, if and to the extent caused by matters beyond the control of said party including but not limited to, Act of God, general strikes or other concerned acts of workmen, lock-outs, ordinary severe weather and civil commotion.

5.4.2 Neither party can claim any compensation from the other party on account of Force Majeure event.

6. WARRANTY The Vendor shall extend warranty for a period of 3 months for the service provided by them. If the same work needed within the warranty period the vendor shall carryout the work on free of cost.

5.5 PENALTY:

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5.5.1 If the agency fails to provide service within the original delivery period, penalty will be imposed an amount equivalent @1% of the value of the service order (excluding Taxes) of delayed portion per week or part thereof delay (Seven day week) subject to maximum @10% of the total ordered value excluding Taxes.

5.5.2 If the purchasing authority at any time feels & ascertain that the agency is not in a position to deliver service within the delivery period or taking no steps for completion of the work, it shall be open to the management to cancel the service order.

5.6 WAIVER OF PENALTY: If at any time during the Contract, the agency should encounter conditions impending timely performance of service, the agency shall promptly notify to OMC in writing of the fact of the delay, it’s likely duration and its cause(s). As soon as practicable after receipt of the bidder’s notice, the OMC shall evaluate the situation and may at its discretion waive the penalty on the request of the agency.

7. Initial security deposit:

The empanelled bidders have to deposit Initial Security Deposit as per following rate in shape of DD drawn on any Nationalized/Scheduled Bank, favoring “The Odisha Mining Corporation Limited”, payable at Bhubaneswar within 07(seven))days of issue of LOI before issue of Service order. The Initial Security Deposit shall be kept till the completion of the entire empanelment period for 3 Years.

Amount of Initial Security Deposit shall be:

Rs. 50,000 (Rupees fifty thousand only)

The Initial security Deposit shall be returned after completion of empanelment period to the satisfaction of OMC and on satisfactory compliance of all statutory laws and acts applicable to this work. The Initial security Deposit shall be released on receipt of recommendation from the concerned Sectional Head.

The Initial Security Deposit shall be for due and faithful performance during the empanelment period and is liable for forfeiture in the following cases;

• If the successful bidder denies to undertake the work after issuance of LOI, or • If the successful bidder abandons the work before its completion, or

If the work performed by the successful bidder is not as per the Technical specification as agreed by the Successful Bidder.

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8. Payment Terms

5.7 Payment: 90% payment along with 100% GST shall be made at Head Office against the completion of development and implementation of related work in SAP system and upon satisfactory certification from the authorized representatives of OMC.

5.8 The agency shall submit bill in duplicate as per service order which will be properly certified by the respective user towards performance of the agency and recommendation of concerned HOD.

5.9 Balance 10% payment shall be released at Head Office after successful completion of

service warranty for a period of 3 months from the date of completion of job duly certified by the Section Head.

5.10 TDS under IT Act and any other Act as applicable & statutory deductions as per Govt.

norm shall be deducted from the bills. All bills are to be submitted as per GST Act & Rules as applicable

5.11 The payments shall be made directly to the bank account of the agency.

5.12 GST Clause

i) Bidders should have registration under the GST Act or should submit an undertaking, declaring that their turnover is below the threshold limit specified by GST Act for obtaining registration under the GST Act, and they will get registered under GST Act if their turnover exceeds the threshold limit during the tenure of empanelment with OMC.

ii) The agency whose services are taken by OMC has to raise invoices as required under section 31 of the GST Act and relevant rules made there under.

iii) The invoice should contain the particulars as required under Rule 46 of CGST Rules.

iv) The agency should file the GST Returns as required in the GST Acts, and details of invoice submitted to OMC and GST amount charged thereon should reflect in Form GSTR-2A within a reasonable time, so as to make OMC enable to take Input Tax Credit (ITC) of the GST amount paid against those invoices.

v) If due to any reason attributable to the agency, the input credit of the GST amount paid on invoices raised by the agency is not available to OMC/ or is denied to OMC, then the same will be recovered from the dues of the agency

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or the agency has to deposit an equivalent amount with OMC.

vi) The agency has to comply with all the provisions of the GST Act, and rules and notifications issued there under.

vii) The agency hereby undertakes to indemnify OMC, from any liabilities arising in future due to non-compliance by the agency of the GST Act, rules and any other Acts currently in force and applicable to the agency by OMC.

9. Price Fall clause: The price charged for the services delivered by the agency shall in no event exceed the lowest price at which the agency provides similar services to any person(s)/ organisation(s) including OMC or to the Central Government or State Government departments or any Public Sector undertakings of the Central or a State Government, as the case may be, during the tenure of the empanelment. If any agency reduces its price or provides or even offers to provide the similar services, at a price lower than the rates under this empanelment, to any person or organization during the tenure of the empanelment, the person rates shall be automatically reduced with effect from that date for the subsequent delivery of all services under this empanelment.

10. Confidentiality, IP Rights & Legal matters

10.1 Dispute Resolution: Any dispute, difference or controversy of whatever nature howsoever arising under, or out of, or in relation, to this tender between OMC and the agency, and so notified in writing by either party to the other party shall, in the first instance, be attempted to be resolved amicably and the parties agree to use their best efforts for resolving all disputes arising under or in respect of this tender promptly, equitably and in good faith. In the event of any dispute between the parties, it is agreed that a discussion shall be held between the agency and OMC within 7 (seven) days from the date of reference to discuss and attempt to amicably resolve the dispute. If such meeting does not take place within the 7 (seven) day period or the dispute is not amicably settled within 15 (fifteen) days of the meeting, the dispute shall be decided by the civil court of competent jurisdiction at Bhubaneshwar within the period as specified under the Law of Limitation.

10.2 Governing law and jurisdiction: This tender shall be construed and interpreted in accordance with and governed by the laws of India, the courts at Bhubaneshwar shall have exclusive jurisdiction over all matters arising out of or relating to this tender.

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10.3 Infringement of Copyright by the Agency: If the agency has chosen to use software

on which, a person other than the successful bidder/vendor has intellectual property rights and such other person disputes the use of the said software for the proposed solution for the OMC, then the OMC would not be held responsible for any legal consequences, liabilities arising out of the same.

10.4 Limitation of liability: Notwithstanding anything contained herein, Agency shall not be liable for any indirect, exemplary, special, punitive, consequential or incidental loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, business and for any claims of any third party claiming through Agency) that may arise out of or result from this Agreement and the aggregate liability of Agency, under this Agreement, shall not exceed the total fees actually received by it under this Agreement as of the date such liability arose.

10.5 Right to risk purchase: If the agency fails to deliver the services as per the agreed schedule with OMC, OMC shall have the right to procure the services from any other agency and recover from the agency all charges/expenses/losses/damages suffered by OMC, at the risk and cost of the agency, after giving 15 (fifteen) days of notice to the agency. This will be without prejudice to the rights of OMC for any other action including termination of the empanelment and forfeiture of the Performance Security.

10.6 Blacklisting:

Blacklisting of a business concern/entity or supplier may be resorted to in following cases:-

(i) If the Proprietor or Partner or Director of the business concern/entity is convicted by a Court of Law, following prosecution under the normal process of Law for an offence involving moral turpitude in relations to business dealings;

(ii) If security consideration of the state i.e. any action that jeopardize the security of the State.

(iii) If there is justification for believing that the Proprietor or Partner or Director of the Concern/entity has been guilty of malpractices such as bribery, corruption, cheating, fraud and tender fixing etc.

(iv) If the business concern/entity refuses / fails to return the OMC’s dues without adequate cause;

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(v) If the business concern/entity is blacklisted by any Department of the Central Government / State Government/Central PSU/State PSU.

(vi) If the business concern/entity is a concern/entity evader of Central / State taxes / duties for which OMC has received notice from the concerned department of Central / State Govt.

(vii) If internal violation of important conditions of contract/agreement.

(viii) If submission of false/fabricated/forged documents for consideration of a tender.

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11. E-tendering Process

11.1 The e-tendering process shall be held on the e-procurement portal of the Government of Odisha (www.tendersodisha.gov.in). All the steps involved starting from hosting of tenders till determination of the empanelled bidders shall be conducted on line on the e-procurement portal.

11.2 There shall be no sale of hard copies of the tender from the offices of OMC. The tenders can be accessed by the prospective bidders on the website (www.tendersodisha.gov.in) and may be downloaded by them free of cost.

11.3 In order to submit a bid, the bidders have to get themselves registered online on the e-procurement portal with valid Digital Signature Certificate issued by any Certifying Authority or their authorized agencies. The online registration of the bidders on the portal will be free of cost and one time activity only. The registration should be in the name of bidder, whereas DSC holder may be either bidder himself or his duly authorized signatory.

11.4 The bidder will have to accept unconditionally the online user portal agreement which contains the acceptance of all the terms and conditions including commercial and general terms and conditions and other conditions, if any, along with on-line undertaking in support of the authenticity of the declarations regarding the facts, figures, information and documents furnished by the bidder on-line in order to become an eligible bidder. No conditional bid shall be allowed / accepted.

11.5 The bidder will have to give an undertaking online that if the

information/declaration/scanned documents furnished in support of the same in respect of eligibility criteria is found to be wrong or misleading at any stage, they will be liable to punitive action.

11.6 The bidder shall have to submit their Techno-Commercial Bid and Price Bid on-line.

The bidders will have to upload a scanned copy of the Techno-Commercial Bid in Cover-I; the Price Bid is to be submitted in Cover-II.

11.7 Procedure for bid submission and payment of EMD 11.7.1 Log on to e-procurement portal: The bidders have to log onto the e-

procurement portal of the Government of Odisha (www.tendersodisha.gov.in) using their digital signature certificate and then search and then select the required active tender from the "Search Active Tender" option. Thereafter the submit button can be clicked against the selected tender so that it opens the "My Tenders" section.

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11.7.2 Uploading of the Techno-Commercial Bid and the Price Bid: The bidders have

to upload the required Techno-Commercial Bid and the Price Bid, as mentioned in the tender document

11.7.3 Electronic payment of EMD: The EMD is to be paid using a single banking

transaction. The bidders have to select and submit the bank name as available in the payment options. A bidder shall make electronic payment using his/her internet banking enabled account with designated banks or their aggregator banks. The payment gateways of the designated banks (State Bank of India/ ICICI Bank, HDFC Bank) is integrated with the e-procurement portal. A bidder having account in other banks can make payment using NEFT/RTGS facility of designated banks. Online NEFT/RTGS payment can be done using internet banking of the bank in which the bidder holds his account, by adding the account number as mentioned in the challan as an interbank beneficiary.

11.7.4 Bid submission: Only after receipt of intimation at the e-procurement portal

regarding successful transaction by bidder, the system will activate the 'Freeze Bid Submission' button to conclude the bid submission process.

11.7.5 System generated acknowledgement receipt for successful bid submission:

System will generate an acknowledgement receipt for successful bid submission. The bidder should make a note of 'Bid ID' generated in the acknowledgement receipt for tracking their bid status.

11.7.6 Settlement of Earnest Money Deposit on submission of bids: The bank will

remit the Earnest Money Deposit on cancellation of bids to respective bidder’s account as per direction received from the tender inviting authority through e-procurement system.

11.7.7 Forfeiture of EMDs: The forfeiture of EMD on submission of bid of defaulting

bidder may be occasioned for various reasons. In case the EMD on submission of bid is forfeited, the e-procurement portal will direct the bank to transfer the EMD value from the Pooling Account of SPC to the registered account of the tender inviting authority, i.e. OMC.

11.8 Technical Parameter Sheet: The Technical Parameter Sheet containing the technical

specification parameters for each tendered item will be in Microsoft Excel format (or any other format) and will be uploaded by OMC during tender creation. This will be downloaded by the bidder and all the required information on this file shall be furnished by the bidder during bid submission. Thereafter, the bidder will upload the same file during bid submission in the General Technical Evaluation (GTE). In case the

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Technical Parameter Sheet is incomplete and not submitted as per the instructions given, the bid shall be summarily rejected by OMC without any further reference to the bidder.

11.9 Price Bid: The price bid containing will be in Microsoft Excel format (or any other

format) and will be uploaded by OMC during tender creation. This will be downloaded by the bidder and will be used to quote the Price Bid, exclusive of applicable taxes & duties etc. Thereafter, the bidder will upload the same Microsoft Excel file during bid submission in cover-II. The Price Bid of the bidders will have no conditions. Any Price Bid which is incomplete and not submitted as per the instructions given shall be summarily rejected by OMC without any further reference to the bidder.

11.10 The Price Bid to be quoted shall comprise of the following components: Person Day Rate (exclusive of applicable taxes)

On-site rate Off-site rate 40% weightage 60% weightage

11.11 Modification of bids: Modification of the submitted bid shall be allowed online only

before the bid due date. A bidder may modify and resubmit the bid online as many times as he may wish.

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Annexure 1: Format for Power of Attorney

(to be executed on Rs. 100 non judicial stamp paper and to be duly notarized)

Known all men by these presents, we …………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms. (name), …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is presently employed with us and holding the position of ……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our tender against the NIT no. OMC/MAT/E-PROC/04/2019 dated 14th February, 2019 published by the Odisha Mining Corporation Limited for the “Empanelment of agencies for undertaking SAP development works”, including but not limited to signing and submission of all applications, bids and other documents and writings, AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE,…………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2019. For Witnesses ………………………………………………………………….. 1. (Signature, name, designation and address)

2.

Accepted (Signature) (Name, Title and Address of the Attorney)

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Annexure 2: Declaration by the Bidder

(to be executed on Rs. 100 non judicial stamp paper and to be duly notarized)

Sub: Tender No: ____________ I/We confirm that I/we have fully read and understood all the details mentioned in the tender document NIT No.__________& all corrigendum/ addendum/ minutes of the pre-bid meeting issued, if any. I/We accept all terms and conditions mentioned in the tender schedule and I/We declare that I/We or any of our proposed personnel are not black listed as on date by any competent court of Law, forum or any State Government or Central Government or their agencies or any statutory entities or any PSUs. If at any stage the declaration found to be incorrect, I/We hereby agree to be treated as disqualified bidder and I/We have no right to claim for consideration of my/our bid at any stage and the money deposited in form of EMD shall be forfeited.

Signature of the Bidder

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Annexure 3: Mandate Form - on the Letterhead of the Bidder

To

The Odisha Mining Corporation Limited

OMC House, Post Box No. – 34, Unit 5, Bhubaneswar

Odisha – 751001

Sub: Mandate for payment through electronic mode i.e. EFT/NEFT/RTGS

Dear Sir,

We are hereby giving our consent to get all our payments due from The Odisha Mining Corporation Ltd. through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges payable in this regard.

(Please furnish the information in capital letters)

1. Name of the bidder

2. Address of the bidder

PIN Code

IT PAN

E-mail ld Mobile No

Phone FAX No

3. Bank Particulars:

Bank Name

Branch Name

Branch Place

Account No.

Account Type Saving/Current/Cash Credit Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank Enabled * Yes/No

Branch Code MICR Code IFSC Code

* In case of bidders having Bank account in Andhra Bank

4. Effective Date

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NIT No. 04 dated 14th February, 2019 We hereby declare that the particulars furnished are correct & complete. If any transaction is delayed or not effected for incomplete/incorrect information/any other technical reasons, we will not hold the OMC Ltd. responsible.

Date Signature of the Bidder

Certified that the bank particulars furnished are correct as per our record.

Date: Signature of the bank with seal

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12. Annexure 4: Check-list for the Techno-Commercial Bid

(to be enclosed with the Techno-Commercial Bid)

1. Name of the bidder, postal address & registered Office:

2. Type of organization:

3. Contact name & designation of the authorized signatory of the bidder & contact number:

4. Official email, phone, fax:

5. Official website:

Sl. No. Documents to be submitted Complied Documents 1 Signed copy of this check list with stamp 2 Power of Attorney (Ref: Clause 4.12.1 (i)) 3 Proof of payment of EMD / documents related

to exemption from the same (Ref: Clause 4.12.1 (ii))

4 Documents in support of meeting the Technical Capacity - towards requirements of Clause 4.5.1.

5 Documents in support of meeting the Financial Capacity - towards requirements of Clause 4.5.2.

6 Documents in support of meeting the other criteria specified as part of the eligibility criteria - towards requirements of Clause 4.5.3.

7 Bank details for refund of EMD through e-payment (Ref: Clause 4.12.1 (iv))

8 Documents related to the experience, credentials and personal of the bidder, as required for determining the Technical Score, Ts of the bidder (Ref: Clause 4.24)

9 The Techno-Commercial Bid contains no Price Bid related information

Not applicable

Date Signature of the Bidder

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Annexure 5: Format for Submission of Curriculum Vitae (CV)1

Summary:

1. Name of the personnel:

2. Name of Agency:

3. Date of Birth: Citizenship:

4. Education:

College/ University Attended Degree/ Certificate Date Obtained

5. Languages:

6. Employment Record:

From (Year) To (Year) Employer Positions held

7. Details of SAP certifications:

8. List all projects done in last 3 years:

1 to be accompanied by the necessary documentary evidence regarding the qualifications and experience of the professionals as well as their SAP certification.

Color passport size photograph of the personnel

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Sl. No. Details of the Projects worked

Value of the Work

Name of the Client/ Customer

Date

9. Certification:

I. I, the undersigned, certify to the best of my knowledge and belief that: II. This CV correctly describes my qualifications and my experience.

III. I am not currently employed by OMC. IV. In the absence of medical incapacity, I am willing and will be available to deliver

required services at OMC during the tenure of the empanelment and any agreed extension thereof.

V. I, the undersigned, certify that to the best of my knowledge and belief, this curriculum vitae correctly describes me my qualification and my experience.

VI. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged and forfeiture of EMD

Date: To be signed by the personnel and the authorized signatory of the agency

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Annexure 6: Agreement between OMC and Agency for empanellment

Ref: [•] This Agreement (hereinafter called the “Agreement”) is made on this [•] the day of the month of [month], [year].

BETWEEN The Odisha Mining Corporation Limited, an undertaking of the Government of Odisha and having its head office at OMC House, Bhubaneswar-751001 (hereinafter referred to as “OMC”, which expression shall, unless repugnant to or inconsistent with the context, mean and include its successors and assigns) of the first part.

AND M/s. [•], a company incorporated under the provisions of the Companies Act, 1956/2013 or a LLP registered under LLP Act or a firm established in India and having its registered office at [•] (hereinafter referred to as the “vendor” which expression shall unless repugnant to or inconsistent with the context, mean and include its successors and assigns) of the other part. WHEREAS

i. The vendor, in the ordinary course of its business, is engaged in providing SAP based

development and implementation related IT services to its clients, and have been empaneled by OMC vide letter of empanelment no. [•] dated [•];

ii. on the basis of the said empanelment, OMC has enlisted the vendor to undertake

certain, described in Clause 1 (the “Scope of Work”) and thereafter the vendor and OMC have mutually agreed to the terms & conditions as set out here;

iii. the vendor is being engaged to provide the required services for a period of [•] days/

months on the terms and conditions set forth in this Agreement;

NOW THEREFORE THE PARTIES hereby agree as follows: 1. The mutual rights and obligations of the vendor and OMC shall be as set forth in the

tender, in particular:

(a) The vendor shall provide their services in accordance with the provisions as laid down in tender ; and

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(b) OMC shall make payments to the vendor in accordance with the provisions as per the payment clause of the tender.

2. Conditions of Agreement

(a) The time period for delivering the scope of services shall be for a tenure of [•]

([●]) days/ months from the effective date of the Agreement.

(b) The Agreement shall be governed by the laws of India and the courts of Bhubaneshwar shall have exclusive jurisdiction over all disputes arising under, pursuant to and/or in connection with this Agreement

(c) This Agreement has been executed in English, which shall be the binding and

controlling language for all matters relating to the meaning or interpretation of this Agreement

3. Scope of Work of the vendor

The vendor shall carryout the work as mentioned in the broad scope of work mentioned in the tender during the entire period of contract.

4. Location of the work The location of the work shall be the OMC office at Bhubaneshwar and the vendor shall bear any travel costs to be incurred by them to reach the OMC office in Bhubaneshwar, as well stay costs in Bhubaneshwar (as applicable), along with any other out of pocket expenses. Licensing, software and hardware costs, if any, shall be borne by OMC directly. In case the work has to be done at any other locations of OMC outside Bhubaneshwar, OMC shall arrange for the to and fro travel from Bhubaneshwar to such locations as well as for food and accommodation at the guest houses of OMC at such locations on a free of cost basis.

5. Payment Terms Payment: 90% payment along with 100% GST shall be made at Head Office against completion of development and implementation in SAP system and satisfied certification from the authorized representatives of OMC. The agency shall submit bill in duplicate as per service order which will be properly certified by the respective user towards performance of the agency and recommendation of concerned HOD.

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Balance 10% payment shall be released at Head Office after successful completion of service warranty for a period of 3 months from the date of completion of job duly certified by the Section Head. TDS under IT Act and any other Act as applicable & statutory deductions as per Govt. norm shall be deducted from the bills. All bills are to be submitted as per GST Act & Rules as applicable The payments shall be made directly to the bank account of the agency.

6. Commencement Date/ Effective Date: The commencement date/ effective date of the agreement shall be [●].

7. Taxes and duties: i) The fees specified at Clause 4 above is exclusive of GST.

ii) GST & all other taxes, levies and duties, shall be additionally borne and paid

by OMC along with each payment/ invoice at the prevailing rates. iii) Income tax may be deducted by OMC as per existing statutory rules and TDS

certificate shall be issued by OMC. iv) The tax invoice must be raised in accordance with section 31 of the GST Act

and relevant rules made thereunder. v) The invoice should contain the particulars as required under Rule 46 of CGST

Rules.

viii) The vendor should file the GST Returns as required in the GST Acts, and details of invoice submitted to OMC and GST amount charged thereon should reflect in Form GSTR-2A within a reasonable time, so as to make OMC enable to take Input Tax Credit (ITC) of the GST amount paid against those invoices.

ix) If due to any reason attributable to the vendor, the input credit of the GST amount paid on invoices raised by the vendor is not available to OMC/ or is denied to OMC, then the same will be recovered from the dues of the vendor or the vendor has to deposit an equivalent amount with OMC.

x) The vendor has to comply with all the provisions of the GST Act, and rules and

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notifications issued thereunder.

xi) The vendor hereby undertakes to indemnify OMC, from any liabilities arising in future due to non-compliance by the vendor of the GST Act, rules and any other Acts currently in force and applicable to the vendor by OMC.

8. Performance Security: The vendor has to submit Performance Security after award

of LOI or Purchase order as per the amount prescribed in tender clause number.

9. Restrictions on sub-contracting/ out-sourcing/ sub-letting/ assignment: The overall responsibility of undertaking the work lies with the agency and the agency is not allowed to subcontract, outsource, sub-let or assign the assigned projects/ jobs to any third party. The replacement of the proposed professionals shall normally not be allowed except in the case of resignation, medical incapacity or demise of such professionals or any other extraneous circumstances beyond the reasonable control of the agency. Such replacement shall be subject to availability of professionals of equivalent or better qualifications and experience. Any replacement of professionals shall be with the written approval of the key contact from OMC side. However, the OMC management reserves the full right to refuse any such approval without being bound to provide any reason or rationale for such decision.

10. Responsibilities of OMC:

The responsibilities of OMC shall include the following:

i) Provide all necessary infrastructure support, as may be required from time to time for the personnel deployed by the vendor.

ii) Furnish all requisite data, information, documents and drawing as required by the vendor to carry out their scope of work.

11. Responsibilities of the vendor:

i) The vendor’s personnel shall be used for providing work/ services as specified

by OMC in this agreement. In case any personnel of the vendor is found not capable/ useful to OMC, the vendor shall with draw him/her from service and arrange for replacement immediately within 15 days’ time at their own cost.

ii) The vendor shall be responsible for any physical damage to equipment, property and third party liabilities caused by acts on part of its deployed manpower at the premises of OMC. All equipment shall be used only for the purpose of carrying out legitimate business of OMC and shall not be put into any other use.

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iii) The manpower deployed by the vendor shall maintain office decorum. They shall be courteous, polite and cooperative with the personnel of OMC and other vendors/ suppliers appointed by OMC. The vendor should verify the character antecedents before deploying any person at OMC.

iv) OMC reserves the right to deduct amount from the Performance Security as

may be considered reasonable for unsatisfactory services or delay in providing of services. However, OMC will discuss with the vendor before taking any decision in this regard.

v) The vendor shall be responsible for PF, gratuity and all other statutory dues in

respect of the manpower deployed by it for the delivery of the services, even such manpower are deployed full time for the work of OMC.

vi) Medical or any other allowances payable to the personnel or sub-contractors

deployed will not be borne by OMC. It will be the responsibility of the vendor. vii) For the personnel deployed at OMC premises, the vendor shall keep with

them, their present and permanent address with contact details, educational and technical qualification details, specimen signature, and two passport size photographs and furnish these details/information to OMC, as and when required by OMC.

12. Limitation of liability The aggregate liability of the vendor shall be limited to one time the charges/ fees paid by OMC under this agreement.

13. Price Fall clause The price charged for the services being delivered by the vendor shall in no event exceed the lowest price at which the vendors provides identical services to any person(s)/ organisation(s) including OMC or to the Central Government or State Government departments or any Public Sector undertakings of the Central or a State Government, as the case may be, during the period till the completion of the entire scope of services under the agreement. If the vendor reduces its price or provides or even offers to provide the same services, at a price lower than the price under the agreement, to any person or organization during the currency of the agreement, the price of the contract shall be automatically reduced with effect from that date for the subsequent delivery of all services under the contract shall be amended accordingly.

14. Right to risk purchase: If the vendor fails to fulfill the terms and conditions of the contract, OMC shall have the right to procure the services from any other party for the execution/ completion of the scope of services under the contract and recover

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from the vendor all charges/expenses/losses/damages suffered by OMC, at the risk and cost of the vendor, after giving 15 (fifteen) days of notice to the vendor. This will be without prejudice to the rights of OMC for any other action including termination of the contract.

15. Confidentiality The vendor shall maintain strict confidentiality of all documents and information made available by OMC, in respect of the execution of this contract. Similarly, OMC shall maintain strict confidentiality of all documents, drawings, design and other technical information submitted by the vendor and shall not pass on any information to any agency/ organization except to those who are directly connected with the execution of this contract.

16. Penalties for Non-Performance

16.1 Penalties

In case of delay in completion of services, a penalty equal to 1% (one per cent) of the contract price (excluding taxes and duties) per week subject to a maximum 10% (ten per cent) of the contract value will be imposed and shall be recovered from payments due. However in case of delay due to reasons beyond the control of the vendor, suitable extension of time may be granted. GST on penalty shall be recovered in addition to the Penalty amount. Invoice for such penalty amount shall be issued by OMC.

16.2 Termination by OMC

The Agreement may be terminated by OMC under any or all of following situations:

i) if the performance of the vendor is found to be non-satisfactory and falls

below the expectations of OMC; or

ii) if the vendor resorts to unfair practices; or iii) if the vendor provides false information; or

iv) if the vendor fails to meet targets as agreed mutually or as per the agreed

timelines; or

v) if OMC, in its sole discretion and for any reason whatsoever, decides to terminate this contract; or

vi) if the vendor becomes insolvent, bankrupt, winds up business or goes into liquidation.

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In case of the any of the above scenarios, the vendor shall be given an official written warning and asked to improve their performance within a period of 30 (thirty) days from the date of such notice, failing which OMC may terminate the contract after serving a 30 (thirty) days written notice for termination of contract, without any further reference to the vendor and also appropriate the Performance Security of the vendor forthwith.

16.3 Cessation of Rights and Obligations Upon termination of this contract pursuant or upon expiration of this contract, all rights and obligations of the parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality, (iii) the vendor’s obligation to permit inspection, copying and auditing of their accounts and records and (iv) any right which a party may have under applicable law.

16.4 Cessation of Services Upon termination of this contract by written notice of either party to the other, the vendor shall, immediately upon receipt of such notice, take all necessary steps to bring the services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purp