GOVERNMENT OF INDIA - Information Resource & Facilitation ...
GOVERNMENT OF INDIA - Information Resource & Facilitation ...
GOVERNMENT OF INDIA - Information Resource & Facilitation ...
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1<br />
<strong>GOVERNMENT</strong> <strong>OF</strong> <strong>INDIA</strong><br />
INTEGRATED HEADQUARTERS <strong>OF</strong> MINISTRY <strong>OF</strong> DEFENCE (NAVY)/DNAM<br />
Tele : 00-91-11 23793011 Directorate of Naval Air Materiel<br />
FAX No : 00-91-11-23010388 „A‟ Block Hutments<br />
e-mail : dnam@nic.in New Delhi-110011<br />
India<br />
Invitation of Bids for CONSULTANCY FOR IMPLEMENTATION <strong>OF</strong> PROJECT „NAMS‟<br />
Request for Proposal (RFP) No. AR/0422/NAMS Dated 16 Aug 11<br />
1. Bids in sealed cover are invited from Indian Firms for supply of Consultancy as per the<br />
Terms of Reference listed in Part III of this RFP. Please superscribe the above mentioned<br />
Title, RFP number and date of opening of the Bids on the sealed cover to avoid the Bid being<br />
declared invalid.<br />
2. The address and contact numbers for sending Bids or seeking clarifications regarding<br />
this RFP are given below –<br />
(a) Bids/queries to be addressed to : Directorate of Naval Air Materiel<br />
(b) Postal address for sending the Bids: Directorate of Naval Air Materiel<br />
IHQ MoD (N), Government of India,<br />
A- Block Hutments<br />
Dalhousie Road<br />
New Delhi- 110 011<br />
(c) Name/designation of the contact personnel: Cdr Goutam Banerjee, JDNAM<br />
(d) Tele numbers of the contact personnel: 00-91-11 23793011<br />
(e) e-mail ids of contact personnel: dnam@nic.in<br />
(f) Fax number: 00-91-11-23010388<br />
3. This RFP is divided into five Parts as follows:<br />
Part I – Contains General <strong>Information</strong> and Instructions for the Bidders about the RFP<br />
such as the time, place of submission and opening of tenders, Validity period of<br />
tenders, etc.<br />
Part II – Contains essential details of the items/services required, such as the<br />
Schedule of Requirements (SOR), Technical Specifications, Delivery Period, Mode of<br />
Delivery and Consignee details.<br />
Part III – Contains Standard Conditions of RFP, which will form part of the Contract<br />
with the successful Bidder.<br />
Part IV – Contains Special Conditions applicable to this RFP and which will also form<br />
part of the contract with the successful Bidder.<br />
Part V – Contains Evaluation Criteria and Format for Price Bids.<br />
4. This RFP is being issued with no financial commitment and the Buyer reserves the<br />
right to change or vary any part thereof at any stage. Buyer also reserves the right to<br />
withdraw the RFP, should it become necessary at any stage.<br />
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Part I – General information<br />
5. DIRECTORATE <strong>OF</strong> NAVAL AIR MATERIEL (DNAM), INTEGRATED<br />
HEADQUARTERS <strong>OF</strong> MOD (NAVY) [IHQ MoD(N)/DNAM] hereinafter referred to as Buyer,<br />
is interested in obtaining the Consultancy services of an appropriate Seller (Consultancy<br />
Firm), for implementation of Enterprise Wide Solution called „Naval Aviation Management<br />
System (NAMS)‟. A Brief description of NAMS can be obtained from the Director NAMS at<br />
address at para 12 (b) below.<br />
6. Last date and time for depositing the Bids will be : 11 Oct 11 / 1200 hours<br />
The sealed should be deposited/reach by the due date and time. The responsibility to ensure<br />
this lies with the Bidder.<br />
7. Manner of depositing the Bids<br />
(a) The proposal shall be submitted in two separately sealed envelopes clearly<br />
marked „Technical Bid‟ and „Commercial Bid‟.<br />
(b) These two sealed envelopes should be enclosed in another sealed main<br />
envelope super-scribed on top as “Bid for Consultancy for Project NAMS for Naval<br />
Aviation” along with a letter of authorization comprising of persons authorized and<br />
mandated to clarify queries and negotiate on behalf of the company.<br />
(c)<br />
(d)<br />
No financial data of any sort shall be included in the technical proposal.<br />
Only Technical Proposal envelope shall be opened on the due date and time.<br />
(e) Financial proposals shall be kept sealed in safe custody until the technical<br />
evaluation is complete.<br />
(f) Sealed Bids should be either dropped in the Tender Box marked as “DNAM”<br />
PLACED AT RECEPTION <strong>OF</strong>FICE <strong>OF</strong> „A‟ BLOCK HUTMENTS(Open from 0900h<br />
to 1700h from Monday to Friday) or sent by registered post only (and not by<br />
Courier as no record / priority is maintained for courier) at the address given above so<br />
as to reach by the due date and time. Late tenders will not be considered. No<br />
responsibility will be taken for postal delay or non-delivery/ non-receipt of Bid<br />
documents. Bids sent by FAX or e-mail will not be considered (unless they have been<br />
specifically called for by these modes due to urgency).<br />
8. Opening of Bids<br />
(a) Only the „Technical Bid‟ envelope inside the main envelope shall be<br />
opened on 11 Oct 11 at 1500 hrs by Chairman Tender Opening Committee. (If due<br />
to any exigency, the Bids are not opened on due date, the Technical Bids will be<br />
opened on the next working day).<br />
(b) The „Commercial Bid‟ shall be kept sealed in safe custody until the technical<br />
evaluation is complete.<br />
(c) The Commercial Bids of only those vendors whose Technical Bids meet<br />
the Technical Evaluation Criteria will be opened subsequently. All short-listed<br />
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bidders (whose technical offers are found eligible) would be advised about the date<br />
and time of opening of the Commercial Bid.<br />
9. Location of the Tender Box: RECEPTION <strong>OF</strong>FICE <strong>OF</strong> „A‟ BLOCK HUTMENTS,<br />
DALHOUSIE ROAD, NEW DELHI 110011 (Open from 0900h to 1700h from Monday to<br />
Friday).<br />
Only those Bids that are found in the tender box will be opened. Bids dropped in the wrong<br />
Tender Box will be rendered invalid.<br />
10. Place of opening of the Bids: DNAM<br />
The Bidders may depute their representatives, duly authorized in writing, to attend the<br />
opening of Bids on the due date. Rates and important commercial/technical clauses quoted<br />
by all Bidders will be read out in the presence of the representatives of all the Bidders. This<br />
event will not be postponed due to non-presence of your representative.<br />
11. Forwarding of Bids : Bids should be forwarded by Bidders under their original memo<br />
/ letter pad inter alia furnishing details like TIN number, VAT/CST number, Bank address with<br />
EFT Account if applicable, etc and complete postal & e-mail address of their office. As<br />
mentioned in Para 3 above, a Two-Bid system is to be followed. The proposal shall be<br />
submitted in two separately sealed envelopes clearly marked 'Technical Bid' and<br />
'Commercial Bid'. These two sealed envelopes should be enclosed in another sealed main<br />
envelope super-scribed on top as "Bid for Consultancy for Project NAMS for Naval<br />
Aviation" along with a letter of authorization comprising of persons authorized and<br />
mandated to clarify queries and negotiate on behalf of the company<br />
12. Clarification regarding contents of the RFP:<br />
(a) A prospective bidder who requires clarification regarding the contents of the<br />
bidding documents shall notify to the Buyer in writing about the clarifications sought<br />
not later than 14 (fourteen) days prior to the date of opening of the Bids.<br />
(b) In order to familiarize themselves with the NAMS project and resolution of<br />
queries before submitting their offer, the Bidder may wish to visit / contact the under<br />
mentioned officer after prior appointment on any working day from 1000hrs to<br />
1600hrs, Monday to Friday:-<br />
The Director ILMS (Air) / Project Director NAMS<br />
c/o ILMS (Air), Wellingdon Island, Naval Base<br />
Kochi – 682004<br />
Tele. 0484 -2873700 to 3704<br />
(c) To gain better insight, the Bidder is at liberty to request for visit to aviation units<br />
in Kochi.<br />
(d) The bidder would be required to sign a non disclosure agreement (NDA) prior<br />
to being provided with detailed specifications regarding the project and visit to any<br />
aviation units. The format of the same could be obtained from the Project Director<br />
NAMS.<br />
(e) A „Pre bid Meeting‟ will be held at the office of the Director ILMS (Air), Naval<br />
Base, Kochi - 682004 on 15 Sep 11 at 1030 hrs. It is recommended that all firms<br />
interested in responding to this RFP, attend the meeting in order to obtain better<br />
clarity of the scope of work, terms and conditions and resolve queries if any.<br />
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4<br />
13. Clarification regarding contents of the Bids: During evaluation and comparison of<br />
bids, the Buyer may, at its discretion, ask the bidder for clarification of his bid. The request<br />
for clarification will be given in writing and no change in prices or substance of the bid will be<br />
sought, offered or permitted. No post-bid clarification on the initiative of the bidder will be<br />
entertained.<br />
14. Rejection of Bids: Canvassing by the Bidder in any form, unsolicited letter and posttender<br />
correction may invoke summary rejection with forfeiture of EMD. Conditional tenders<br />
will be rejected.<br />
15. Validity of Bids: The Commercial Bids should remain valid for at least 180 days from<br />
the last date of submission of the Bids.<br />
16. Earnest Money Deposit: Bidders are required to submit Earnest Money Deposit<br />
(EMD) for amount of Rs 5,00,000 (Rupees Five lakh) along with their bids. The EMD may be<br />
submitted in the form of an Account Payee Demand Draft, Fixed Deposit Receipt, Banker's<br />
Cheque or Bank Guarantee from any of the public sector banks or a private sector bank<br />
authorized to conduct government business as per Form DPM-13 (Available in MoD website<br />
and can be provided on request) drawn in favour of „Principal Controller Defence<br />
Accounts(Navy), Mumbai‟. EMD is to remain valid for a period of forty-five days beyond the<br />
final bid validity period. EMD of the unsuccessful bidders will be returned to them at the<br />
earliest after expiry of the final bid validity and latest on or before the 30 th day after the award<br />
of the contract. The Bid Security of the successful bidder would be returned, without any<br />
interest whatsoever, after the receipt of Performance Security from them as called for in the<br />
contract. The EMD will be forfeited if the bidder withdraws or amends, impairs or derogates<br />
from the tender in any respect within the validity period of their tender.<br />
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Part II – Essential Details of Items/Services required<br />
17. Schedule of Requirements. The details of the Services expected from the<br />
Consultant in assisting the Indian Navy is as follows:-<br />
Phase I (Decision regarding Approach)<br />
(a) Understand the processes and functions of various verticals of NAMS through<br />
assimilation of the User Requirement Specifications (URS) and Software / Systems<br />
Requirements Specifications (SRS) Documents, interaction with nominated officers<br />
and visits to essential location(s) if necessary and process / system studies.<br />
(b) Study the existing ILMS (Air) system (its database, entity relationships, workflow<br />
etc.) and advise the Navy on the methodology of interfacing ILMS (Air) to NAMS<br />
with a view to ensure that eventually, a SINGLE-system is available to the users for<br />
carrying out Operations, Maintenance and Logistics functions and maintenance /<br />
administration efforts are optimized. Director ILMS (Air) / Project Director NAMS at<br />
Kochi shall provide assistance for the same.<br />
(c) Carry out analysis of various COTS products (at least five products) available in<br />
the market wrt to their ability to meet the Navy‟s URS/SRS and carry out a GAP<br />
analysis.<br />
(d) Having analysed the various COTS products available in the market, carry out<br />
comparison of “Bespoke / „Ground Up‟ development” (using the latest<br />
platforms/development tools available) vis-à-vis “COTS / Customisation” for<br />
implementing NAMS. Main factors to be considered: Ability to meet user<br />
requirements, time for „roll-out‟, Cost Benefit Analysis, security aspects, Total Cost of<br />
Ownership, support from more than one vendor and Change Management.<br />
(e) Advise / assist the IN in finalisation of the NAMS solution considering the<br />
following aspects – approach to hardware and software selection, training for core<br />
team, design of the system, method of data capture to be followed, testing, roll-out<br />
strategy and plans, user acceptance test parameters and go-live parameters, enduser<br />
training and support.<br />
(f)<br />
Suggest the Hardware architecture for NAMS.<br />
Phase II (Preparation of Draft RFP)<br />
(g) Carry out market survey (through Expression of Interest/Request for<br />
<strong>Information</strong>) and identification of suitable vendors for the chosen approach (Bespoke<br />
or COTS/Customisation).<br />
(h) Prepare the analytical criteria / Qualitative Requirements (QRs) based on which<br />
effective selection of the NAMS platform and the vendor can be carried out.<br />
(j) Prepare draft RFP in the latest DPP / DPM format to include: the detailed<br />
implementation methodology, deliverables and timelines, vendor‟s qualifications /<br />
requirements expected, technical evaluation criteria for vendors, etc.<br />
Phase III (Placing of NAMS Order)<br />
(k) Scrutiny of the bids received in response to the RFP. Technical evaluation of<br />
the bids with respect to the criteria outlined in the RFP. Clarifications to be obtained<br />
Page 5 of 30
from the vendors if required. Visits to the vendors‟ premises if required.<br />
6<br />
(l) Prepare the detailed scripts for POC. The Scripts should be unambiguous,<br />
specific, objective in order that the vendors clearly understand what is expected of<br />
them. Define the parameters to be tested during the „Proof of Concept‟/Field Trials.<br />
(m)<br />
Evaluation of POC. Technical negotiations and resolution of queries.<br />
(n) Comparison of commercial bids based on „Cost benefit analysis‟ and „Total cost<br />
of ownership‟ to arrive at the L1 Firm.<br />
(p)<br />
Contract / Price negotiation.<br />
(q) Framing of the draft Contract as per the current DPP/DPM to include all<br />
relevant clauses pertaining to IT Act, exclusion of malicious content code / security<br />
breach, performance evaluation indicators, long term support (for version upgrades,<br />
re-configuration, network administration, hardware support etc) are included in the<br />
same.<br />
Phase IV (NAMS Implementation post Order):<br />
(r)<br />
(s)<br />
Project management post signing of Contract till the implementation of NAMS.<br />
Incorporation of „Industry Best Practices‟ into the NAMS implementation.<br />
(t) Associate with IN post signing of NAMS contract till „Roll-out‟ to ensure<br />
successful NAMS implementation through:-<br />
(i)<br />
(ii)<br />
Interface / migration of ILMS (Air) to NAMS platform.<br />
Incorporation of Industry best practices / policies.<br />
(iii) Liaison with the NAMS vendor at all stages to ensure optimum „returns‟<br />
for the IN.<br />
(iv)<br />
(v)<br />
Monitoring of vendor performance / compliance.<br />
Mapping the future Road Map to ensure effective utilization.<br />
18. The bidder must offer most of the onsite consultancy primarily at Naval Base, Kochi<br />
with meetings as necessary, at other locations such as IHQ of MoD (Navy), New Delhi &<br />
HQNA, Vasco-da-Gama, Goa.<br />
19. Technical details. The Consultant shall supply the Services as per schedule of<br />
requirements listed above. The Technical Bid (format attached as Appendix A) should<br />
demonstrate the Consultant's knowledge of the project requirements and their<br />
understanding of the requisite tasks set forth in the scope of work and terms of<br />
reference. Provision of the requested information, in full, must be set in the following<br />
sequence: -<br />
(a) A brief description of the firm or academic institution, an outline of its recent<br />
experience on assignments of a similar nature and specifically the firm's work<br />
experience, especially for Defence / PSU / Governmental departments clients. The<br />
experience claimed should be limited to those projects which the firm or institution was<br />
legally contracted to carry out for clients. Assignment(s) completed by individual<br />
experts working privately or through other firms / institutions cannot be claimed as the<br />
experience of your firm / institution. The claimed experience should be substantiated<br />
Page 6 of 30
7<br />
by providing contractual or other evidence as proof. <strong>Information</strong> on the current<br />
workload of the firm / institution in the relevant areas of this assignment should also be<br />
presented.<br />
(b) Understanding of detailed scope of work with regard to Naval Aviation‟s<br />
functioning in the field of Air Operations, Aircraft maintenance and Air logistics.<br />
(c) General approach or methodology which you propose for carrying out the<br />
services, including such detailed information as you deem relevant, the description of<br />
the manner in which the consultants plan to execute the task, approach and work<br />
plan, teams and personnel to be employed, man-months, etc.<br />
(d) Composition of the team which the consultants would provide, together with<br />
CVs of individual team members (Format in Annexure 1 to Appendix A), and the<br />
specific task(s) to which each team member would be assigned. The team leader<br />
should be specifically identified.<br />
(e) Work program including an organization chart, a bar-chart and a staffing<br />
schedule (format in Annexure 2 & 3 to Appendix A). The bar-chart should indicate<br />
estimates of the duration and total man-months that would be provided for each<br />
task. The staffing schedule should indicate clearly the estimated duration and the<br />
probable timing of the assignment of each professional to be used. (Please ensure<br />
that the project plan dovetails with the deliverables / time-frame specified in delivery<br />
schedule along with requisite cushions).<br />
(f)<br />
Any additional information / value addition that you need to disclose / make.<br />
20. In preparing the proposals, the consultants should give particular attention to the<br />
following: -<br />
(a) Members of the team should be only Indian Nationals and should have the<br />
requisite experience especially in India, on similar work.<br />
(b) Majority of the personnel (about 60%) comprising the consultant's team should<br />
be drawn from the permanent staff of the firm.<br />
21. Consultants are at liberty to address any other relevant issue / detail. Additional<br />
sheets, duly authenticated, may be attached to elucidate specifications or clarify specific<br />
issues.<br />
22. As mentioned earlier, in order to familiarize themselves with the NAMS project and<br />
resolution of queries before submitting their offer, the seller may wish to visit / contact the<br />
under mentioned officer after prior appointment on any working day from 1000hrs to 1600hrs,<br />
Monday to Friday and attend the Pre-Bid Meeting on 15 Sep 11 :-<br />
The Director ILMS (Air) / Project Director NAMS<br />
C/o ILMS (Air), Naval Base<br />
Kochi – 682004.<br />
Tele. 0484 -2873700 (- „3704‟)<br />
23. To gain better insight, the seller is at liberty to request for visit to aviation units in<br />
Kochi. This can be arranged through Director ILMS (Air) / Project Director NAMS.<br />
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24. However, it should be clearly understood that any costs incurred by you for collection<br />
of preliminary information, for preparation of the proposal, for attending the pre-bid<br />
conference or for any subsequent negotiations / meetings will not be reimbursable as a<br />
direct cost of the assignment.<br />
25. The Consultant will also organize PC, Laptops, peripherals and other ancillaries<br />
required for documentation.<br />
26. Pre Qualification Criteria. The invitation for bids is open to all Indian firms only<br />
who fulfill all the pre-qualification criteria as specified in this section. The prequalification<br />
criteria are as follows:-<br />
(a) The bidder should be an Academic Institution or a Company incorporated and<br />
registered in India under the Companies Act, 1956 and<br />
(b) The bidder should have been in operation for a period of at least six years as<br />
on 31 Mar 2011 (enclose certificate of Incorporation issued by Registrar of<br />
Companies); and<br />
(c) The bidder should have competent experience in Consultancy and Program<br />
Management of computerization / EAM / MRO / ERP implementations in Defence /<br />
public sector / Government undertakings; and<br />
(d) The bidder should have successfully completed, within the previous three<br />
years, similar envisaged scope of work, i.e. Consultancy and Project Management for<br />
implementation of EAM/MRO/ERP and Business Process Re-engineering in at least<br />
three projects, out of which at least one should be for Defence / a public sector<br />
undertaking /Central or State Government Organization or a foreign government<br />
organisation ; and<br />
(e) The bidder should have provided / be providing Consultancy and Program<br />
Management for at least three projects with a Project outlay of Rs. 100 Crore or<br />
more and at least two such projects shall be of packaged solution like<br />
EAM/MRO/ERP for a defence / public limited company or Central or State<br />
Government Organization or a Public Sector Undertaking; and<br />
(f) The Team Leader proposed by the bidder should have end-to-end experience<br />
of at least ten years in such work of preparation of such deliverables, preparation of<br />
RFP, techno commercial evaluation matrix, and contract document and finally, project<br />
monitoring during the implementation till the Go-Live stage, and should have headed<br />
the teams for at least two such projects; and<br />
(g) The other team members should have a minimum experience of three years<br />
in anyone of the major areas of work indicated. The team leader and all members<br />
should be Indian Citizens only having the requisite experience preferably in India, on<br />
similar work.; and<br />
(h) In any given stage / phase of the Project, at least 80% of the team earmarked<br />
for that stage/phase should remain unchanged and not more than 50% of the overall<br />
manpower earmarked for the entire project should be changed. This rule would<br />
however not be applicable in case the change is requested by the Navy (for valid<br />
reasons such as incompetence, unsuitability, lack of attendance etc.); and<br />
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(j)<br />
9<br />
The consultancy team should have members to demonstrate the following:<br />
(i) Domain expertise in the field of Military aviation (regular commissioned<br />
technical officer / pilot) or expertise in civil aviation (managerial cadre only) in a<br />
mid management/ higher management capacity for at least 7 years.<br />
(ii) Expertise in distributed database design & administration.<br />
(iii) Risk managing & information security.<br />
(iv) Expertise in design & implementation of wide area network system &<br />
hardware architecture.<br />
(k) Majority of the personnel (about 60%) comprising the consultant's team should<br />
be drawn from the permanent staff of the firm.<br />
27. Additional Pre-Qualification Criterion for Companies (Non Academic<br />
Institutions) Bidding for the Consultancy.<br />
(a) The bidder should have an annual turnover of at least Rs. 100 Crores in each<br />
of the past three years (2008-09, 09-10 and 2010-11). The bidder should have an<br />
average turnover of Rs. 30 crores or more for the past three years in IT related<br />
consultancy / advisory services. The bidders shall submit a certification from its<br />
auditor in respect of this requirement & also latest audited annual accounts of the<br />
organization.<br />
(b) The bidder should have expertise in the field of IT/EAM/MRO/ERP Consultancy<br />
Services and Implementation and should have a minimum of 500 employees working<br />
in these areas as on 31 Mar 2011.<br />
28. Important Note.<br />
(a) Letters of acceptance/award letters / completion certificates from clients / self<br />
certified details for each project claimed for each of the eligibility conditions should<br />
invariably accompany the proposal as supporting documents, in the absence of which,<br />
the offer would not be considered further. The bidders should submit all the above<br />
information in their prequalification proposals, so as to get eligible for technical<br />
evaluation. All documents submitted can be subjected to verification.<br />
(b) The Bidder may form a consortium to bid for the project only for meeting the<br />
requirements listed at para 26(j) above. All other qualification criteria would be<br />
evaluated only with respect to the firm in whose name the bids are submitted<br />
(and not its consortium partner). In case the bidder forms a consortium for this<br />
project, then a certificate from the consortium partner / freelance consultant, if<br />
applicable must be attached stating that “the consortium partner / freelance<br />
consultant has not offered his service to any other firm / institution that is<br />
responding to this RFP”.<br />
29. The other critical requirements are as follows: -<br />
(a) The adequacy and quality of the proposed work plan i.e., the approach and<br />
methodology in responding to the scope of work.<br />
(b) The qualifications, experience and competence of the team of personnel<br />
proposed for the assignment, as per the formats specified. The Team leader and the<br />
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10<br />
majority of proposed personnel should be assigned to the permanent staff of<br />
firm/institution.<br />
(c) CV for all consultants' personnel proposed for the assignment shall be included<br />
with the proposal, as per the format at Annexure 1 to Appendix A.<br />
(d) The consultant firm & its consortium partners (if any) (including its other<br />
group/sister concerns) / Institute will not be eligible to respond to the Tender for<br />
implementation of the NAMS (main) project.<br />
30. Two-Bid System. Bidders are required to furnish clause by clause compliance of<br />
the above pre-qualification criteria and requirements bringing out clearly the deviations from<br />
required criteria, if any. The Bidders are advised to submit the compliance statement in the<br />
following format along with Technical Bid<br />
Para of RFP<br />
Criteria /<br />
requirement -<br />
wise<br />
Specification /<br />
details of<br />
services offered<br />
Compliance to RFP<br />
specification –<br />
whether Yes / No<br />
In case of non-compliance,<br />
deviation from RFP to be<br />
specified in unambiguous<br />
terms<br />
31. Activity, Deliverable, Time Frame and Payment. The entire contract for consultancy<br />
has been divided into four phases. Payments will be made on completion of each of the<br />
phases. The activities that are envisaged to be carried out during these phases along with<br />
the deliverables and the time frames are as follows:-<br />
Phase I (Decision regarding Approach): D(Contract signing date) + 60 days [ = (T1)]<br />
Sl Activity Deliverables<br />
(a)<br />
(b)<br />
Understand the processes and functions<br />
of various verticals of NAMS through<br />
assimilation of the User Requirement<br />
Specifications (URS) and Software /<br />
Systems Requirements Specifications<br />
(SRS) Documents, interaction with<br />
nominated officers and visits to essential<br />
location(s) if necessary and process /<br />
system studies.<br />
Carry out analysis of various COTS<br />
products (at least five products) available<br />
in the market wrt to their ability to meet<br />
the Navy‟s URS/SRS.<br />
„As Is‟ Process Document<br />
Product-wise Analysis Report and the<br />
minimum percentage of<br />
customization that would be required in<br />
each case.<br />
Page 10 of 30
Sl Activity Deliverables<br />
11<br />
(c)<br />
(d)<br />
(e)<br />
Having analysed the various COTS<br />
products available in the market, carry out<br />
comparison of “Bespoke / „Ground Up‟<br />
development” (using the latest<br />
platforms/development tools available)<br />
vis-à-vis “COTS / Customisation” for<br />
implementing NAMS. Main factors to be<br />
considered: Ability to meet user<br />
requirements, time for „roll-out‟, Cost<br />
Benefit Analysis, Total Cost of<br />
Ownership, support from more than one<br />
vendor, change management, resource<br />
commitment, Cost etc.<br />
Suggest the Hardware architecture for<br />
NAMS.<br />
Study the existing ILMS (Air) system (its<br />
database, entity relationships, work-flow<br />
etc.) and advise the Navy on the<br />
methodology of interfacing ILMS (Air) to<br />
NAMS with a view to ensure that<br />
eventually, a SINGLE-system is available<br />
to the users for carrying out Operations,<br />
Maintenance and Logistics functions and<br />
maintenance / administration efforts are<br />
optimized<br />
(i) Comparison matrix “Bespoke /<br />
„Ground Up‟ development” vis-à-vis<br />
“COTS / Customisation” and firm<br />
recommendations regarding the<br />
approach best suited for the Navy‟s<br />
requirements.<br />
(ii) Potential benefits (tangible and<br />
intangible) as well as the ROI Navy<br />
would accrue by implementing NAMS.<br />
(ii) Time Lines for implementation of<br />
NAMS considering system design, data<br />
capture, training, testing, and<br />
implementation.<br />
Hardware architecture document<br />
ILMS (Air) migration plan document<br />
On completion of the phase I part payment will be released to the firm.<br />
Phase II (Preparation of Draft RFP) : (T1) + (Time for IN‟s approval for<br />
approach) + 60 days [= T2]<br />
(f) Market survey (through Expression of<br />
Interest/Request for <strong>Information</strong>) and<br />
identification of suitable vendors for the<br />
chosen approach (Bespoke or<br />
COTS/Customisation)<br />
(g) Finalise the NAMS implementation<br />
methodology: System design, method of<br />
data capture, type of training required,<br />
network architecture, testing / Proof of<br />
Concept, user acceptance, period of<br />
support etc.<br />
List of probable vendors with address,<br />
details of contact persons.<br />
NAMS Project Implementation Plan with<br />
time lines.<br />
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(h)<br />
12<br />
Prepare draft RFP in DPP / DPM format<br />
to include: the detailed implementation<br />
methodology, deliverables and timelines,<br />
vendor‟s qualifications / requirements<br />
expected, technical evaluation criteria for<br />
vendors, etc.<br />
Draft RFP<br />
On completion of the phase II part payment will be released to the firm.<br />
Phase III (Placing of NAMS Order) : (T2) + (Time for IN‟s approval for placing<br />
order) + 90 days [= T3]<br />
(i) Scrutiny of the bids received in response<br />
to the RFP. Technical evaluation of the<br />
bids with respect to the criteria outlined in<br />
the RFP. Clarifications to be obtained<br />
from the vendors if required. Visits to the<br />
vendors‟ premises if required.<br />
Short listing of vendors who would be<br />
eligible to participate in the „Field Trials‟ /<br />
Proof of Concept (POC)<br />
(j)<br />
Prepare the detailed scripts for POC. The<br />
Scripts should be unambiguous, specific,<br />
objective in order that the vendors clearly<br />
understand what is expected of them.<br />
POC Scripts<br />
(k) Evaluation of POC. Technical Evaluation Report mentioning<br />
the vendors who are eligible to<br />
participate in the opening of commercial<br />
bids.<br />
(l)<br />
Comparison of commercial bids based on<br />
„Cost benefit analysis‟ and „Total cost of<br />
ownership‟<br />
(m) Contact / Price negotiation -<br />
Comparative statement of bids<br />
(n)<br />
Framing of the draft Contract as per<br />
DPP/DPM to include all relevant clauses<br />
pertaining to IT Act, exclusion of<br />
malicious content code / security breach,<br />
performance evaluation indicators, long<br />
term support (for version upgrades, reconfiguration,<br />
network administration,<br />
hardware support etc).<br />
Draft Contract<br />
On completion of the phase III part payment will be released to the firm.<br />
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Phase IV (NAMS Implementation post Order): T3 + Ideally 18 – 24 months from Order<br />
date<br />
(p)<br />
Associate with IN post signing of NAMS<br />
contract till „Roll-out‟ to ensure<br />
successful NAMS implementation<br />
through:-<br />
(i) Interface / migration of ILMS (Air) to<br />
NAMS platform.<br />
(ii) Incorporation of Industry best<br />
practices / policies.<br />
(iii) Liaison with the NAMS vendor at all<br />
stages to ensure optimum „returns‟ for the<br />
IN.<br />
(iv) Monitoring of vendor performance /<br />
compliance.<br />
(v) Mapping the future Road Map to<br />
ensure effective utilization<br />
Compliance Statement, Project Progress<br />
Reports<br />
Please note<br />
(a) That Contract can be cancelled unilaterally by the Buyer in case items are not<br />
received within the contracted delivery period. Extension of contracted delivery period will be<br />
at the sole discretion of the Buyer, with applicability of LD clause.<br />
(b) All deliverables are amenable to one or more iterations / corrections prior to<br />
acceptance. Additional time sought for these would not normally contribute towards<br />
liquidated damages I penalizations to the consultant but considered for waiver. All<br />
deliverables, once accepted, would become the sole proprietary of the Indian Navy.<br />
(c) All deliverables will be submitted in one soft and three hard copies in industry<br />
standard formats. An executive summary in duplicate will also be submitted by the consultant<br />
at 0+135.<br />
(d)<br />
Assumptions if any would be clearly brought out.<br />
32. INCOTERMS for Delivery and Transportation – (“E” / “F” / “C” / “D” Terms).<br />
Unless otherwise specifically agreed to by the Buyer and the Seller and incorporated in the<br />
contract, the applicable rules & regulations for transportation of goods from foreign countries<br />
will be as per the contemporary version of International Commercial Terms (INCOTERMS)<br />
evolved by International Chamber of Commerce, Paris. Definition of Delivery Period is given<br />
below –<br />
TERMS <strong>OF</strong> DELIVERY<br />
(a) Local Delivery at Site:<br />
(b) C.I.P. Destination:<br />
DATE <strong>OF</strong> DELIVERY<br />
The date on which the delivery is made at the<br />
consignee‟s site mentioned in the contract.<br />
The date on which the delivery is effected at the<br />
destination mentioned in the contract.<br />
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33. Consignee details – Integrated Headquarters Ministry of Defence<br />
(Navy)/Directorate of Naval Air Material, „A‟ Block Hutments, Dalhousie Road, New Delhi –<br />
110011.<br />
Part III – Standard Conditions of RFP<br />
The Bidder is required to give confirmation of their acceptance of the Standard Conditions of<br />
the Request for Proposal mentioned below which will automatically be considered as part of<br />
the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by<br />
the Buyer. Failure to do so may result in rejection of the Bid submitted by the Bidder.<br />
34. Law: The Contract shall be considered and made in accordance with the laws of the<br />
Republic of India. The contract shall be governed by and interpreted in accordance with the<br />
laws of the Republic of India.<br />
35. Effective Date of the Contract: The contract shall come into effect on placement of<br />
purchase order and shall remain valid until the completion of the obligations of the parties<br />
under the contract. The deliveries, supplies and performance shall commence from the<br />
effective date of the contract.<br />
36. Arbitration: All disputes or differences arising out of or in connection with the<br />
Contract shall be settled by bilateral discussions. Any dispute, disagreement or question<br />
arising out of or relating to the Contract or relating to construction or performance, which<br />
cannot be settled amicably, may be resolved through arbitration. The standard clause of<br />
arbitration is as per Forms DPM-7 and DPM-8 (Available in MoD website and can be<br />
provided on request).<br />
37. Penalty for use of Undue influence: The Seller undertakes that he has not given,<br />
offered or promised to give, directly or indirectly, any gift, consideration, reward, commission,<br />
fees, brokerage or inducement to any person in service of the Buyer or otherwise in<br />
procuring the Contracts or forbearing to do or for having done or forborne to do any act in<br />
relation to the obtaining or execution of the present Contract or any other Contract with the<br />
Government of India for showing or forbearing to show favour or disfavour to any person in<br />
relation to the present Contract or any other Contract with the Government of India. Any<br />
breach of the aforesaid undertaking by the Seller or any one employed by him or acting on<br />
his behalf (whether with or without the knowledge of the Seller) or the commission of any<br />
offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter<br />
IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act<br />
enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all<br />
or any other contracts with the Seller and recover from the Seller the amount of any loss<br />
arising from such cancellation. A decision of the Buyer or his nominee to the effect that a<br />
breach of the undertaking had been committed shall be final and binding on the Seller.<br />
Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of<br />
the Seller towards any officer/employee of the Buyer or to any other person in a position to<br />
influence any officer/employee of the Buyer for showing any favour in relation to this or any<br />
other contract, shall render the Seller to such liability/ penalty as the Buyer may deem<br />
proper, including but not limited to termination of the contract, imposition of penal damages,<br />
forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.<br />
38. Agents / Agency Commission: The Seller confirms and declares to the Buyer that<br />
the Seller is the original manufacturer of the stores/provider of the services referred to in this<br />
Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever,<br />
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15<br />
to intercede, facilitate or in any way to recommend to the Government of India or any of its<br />
functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor<br />
has any amount been paid, promised or intended to be paid to any such individual or firm in<br />
respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is<br />
established at any time to the satisfaction of the Buyer that the present declaration is in any<br />
way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged<br />
any such individual/firm, and paid or intended to pay any amount, gift, reward, fees,<br />
commission or consideration to such person, party, firm or institution, whether before or after<br />
the signing of this contract, the Seller will be liable to refund that amount to the Buyer. The<br />
Seller will also be debarred from entering into any supply Contract with the Government of<br />
India for a minimum period of five years. The Buyer will also have a right to consider<br />
cancellation of the Contract either wholly or in part, without any entitlement or compensation<br />
to the Seller who shall in such an event be liable to refund all payments made by the Buyer in<br />
terms of the Contract along with interest at the rate of 2% per annum above LIBOR rate. The<br />
Buyer will also have the right to recover any such amount from any contracts concluded<br />
earlier with the Government of India.<br />
39. Access to Books of Accounts: In case it is found to the satisfaction of the Buyer that<br />
the Seller has engaged an Agent or paid commission or influenced any person to obtain the<br />
contract as described in clauses relating to Agents/Agency Commission and penalty for use<br />
of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary<br />
information/ inspection of the relevant financial documents/information.<br />
40. Non-disclosure of Contract documents: Except with the written consent of the<br />
Buyer/ Seller, other party shall not disclose the contract or any provision, specification, plan,<br />
design, pattern, sample or information thereof to any third party.<br />
41. Liquidated Damages:<br />
(a) In the event of the Seller‟s failure to submit the Bonds, Guarantees and<br />
Documents, supply the stores/goods and conduct trials, installation of equipment,<br />
training, etc as specified in this contract, the Buyer may, at his discretion, withhold any<br />
payment until the completion of the contract. The BUYER may also deduct from the<br />
SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of<br />
the delayed/undelivered stores/services mentioned above for every week of delay or<br />
part of a week, subject to the maximum value of the Liquidated Damages being not<br />
higher than 10% of the value of delayed stores. Thereafter, the Customer will have<br />
right to terminate the supply order in case of such delay beyond 10 weeks, and the<br />
Customer would have the option to execute the project from the market at the firm /<br />
institute‟s risk and cost. The mode and method of such risk purchase would be at the<br />
total discretion of the Customer.<br />
(b) Non Continuation of Consultancy Until Implementation. If the firm / institute<br />
fails to continue to provide the consultancy till implementation of NAMS as given in the<br />
scope of work and deliverables, the Customer will have right to terminate the supply<br />
order, and the Customer would have the option to execute the project from the market<br />
at the firm / institute‟s risk and cost. The mode and method of such risk purchase<br />
would be at the total discretion of the Customer. The bank guarantee would also be<br />
forfeited.<br />
(c) Extension of Time. Any delays / non-performance arising out of / caused by<br />
Force Majeure events or due to reasons not attributable to the consultant, shall not<br />
attract the sanctions mentioned above. If at any time during performance of the<br />
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Contract, the Consultant should encounter conditions impeding timely completion of<br />
the work under the Contract and performance of services, the Consultant shall<br />
promptly notify the customer in writing of the fact of the delay, it‟s likely duration and<br />
its causes. As soon as practicable, after receipt of the Consultant‟s notice, IHQ<br />
MoD(N)/DNAM shall evaluate the situation and may at its discretion or after necessary<br />
approval of the competent authority extend the Consultant‟s time for performance, in<br />
which case the extension shall be ratified by the parties by amendment of the<br />
Contract, if IHQ MoD(N)/DNAM thinks fit and proper according to genuine facts<br />
regarding delay.<br />
42. Termination of Contract: The Buyer shall have the right to terminate this Contract in<br />
part or in full in any of the following cases :-<br />
(a) The delivery of the material is delayed for causes not attributable to Force Majeure<br />
after the scheduled date of delivery.<br />
(b) The Seller is declared bankrupt or becomes insolvent.<br />
(c) The Buyer has noticed that the Seller has 16utilized the services of any<br />
Indian/Foreign agent in getting this contract and paid any commission to such<br />
individual/company etc.<br />
(d) As per decision of the Arbitration Tribunal.<br />
43. Notices: Any notice required or permitted by the contract shall be written in the<br />
English language and may be delivered personally or may be sent by FAX or registered prepaid<br />
mail/airmail, addressed to the last known address of the party to whom it is sent.<br />
44. Transfer and Sub-letting: The Seller has no right to give, bargain, sell, assign or<br />
sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a<br />
third party take benefit or advantage of the present Contract or any part thereof.<br />
45. Patents and other Industrial Property Rights: The prices stated in the present<br />
Contract shall be deemed to include all amounts payable for the use of patents, copyrights,<br />
registered charges, trademarks and payments for any other industrial property rights. The<br />
Seller shall indemnify the Buyer against all claims from a third party at any time on account of<br />
the infringement of any or all the rights mentioned in the previous paragraphs, whether such<br />
claims arise in respect of manufacture or use. The Seller shall be responsible for the<br />
completion of the supplies including spares, tools, technical literature and training aggregates<br />
irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement<br />
of any or all the rights mentioned above.<br />
46. Confidential <strong>Information</strong><br />
(a) The Consultant must agree at all times to treat all Confidential information as<br />
secret and confidential to IHQ MoD(N)/DNAM, and;<br />
(b) The Consultant shall not, save for in consequence of paragraphs (c) and (d)<br />
below, at any time, for any reason, disclose or permit to be disclosed to any person<br />
any Confidential information and the consultant shall not otherwise make use of or<br />
permit any use to be made of any Confidential information by any person.<br />
(c) Without prejudice to paragraph (a) the Consultant may disclose Confidential<br />
information to those of its personnel as needs to know in order to provide the Service.<br />
However, in doing so the Consultant shall at all times ensure that its personnel<br />
involved in providing the Service, or who otherwise come across Confidential<br />
information in the course of their duties are made aware of the nature of the<br />
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Confidential information and do not disclose it or otherwise breach the provisions of<br />
this section.<br />
(d) On termination of the contract (however such termination may arise) the<br />
Consultant shall deliver if so required to the IHQ MoD(N)/DNAM all working papers,<br />
computer disks and tapes or other material and copies provided or prepared by it<br />
pursuant either to the contract or to any previous obligation owed to the IHQ<br />
MoD(N)/DNAM regarding the Project.<br />
47. Intellectual Property. The copyright and any other intellectual property right in any<br />
materials produced in the course of or in consequence of providing the Services shall belong<br />
to IHQ MoD(N)/DNAM absolutely. IHQ MoD(N)/DNAM can use the same anywhere else,<br />
without permission and without paying extra compensation to the consultant.<br />
48. Amendments: No provision of present Contract shall be changed or modified in any<br />
way (including this provision) either in whole or in part except by an instrument in writing<br />
made after the date of this Contract and signed on behalf of both the parties and which<br />
expressly states to amend the present Contract.<br />
49. Taxes and Duties<br />
(a)<br />
General<br />
(i) If Bidder desires to ask for excise duty or Sales Tax / VAT extra, the<br />
same must be specifically stated. In the absence of any such stipulation, it will<br />
be presumed that the prices include all such charges and no claim for the same<br />
will be entertained.<br />
(ii) If reimbursement of any Duty/Tax is intended as extra over the quoted<br />
prices, the Bidder must specifically say so. In the absence of any such<br />
stipulation it will be presumed that the prices quoted are firm and final and no<br />
claim on account of such duty/tax will be entrained after the opening of tenders.<br />
(iii) If a Bidder chooses to quote a price inclusive of any duty/tax and does not<br />
confirm inclusive of such duty/tax so included is firm and final, he should clearly<br />
indicate the rate of such duty/tax and quantum of such duty/tax included in the<br />
price. Failure to do so may result in ignoring of such offers summarily.<br />
(iv) If a Bidder is exempted from payment of any duty/tax upto any value of<br />
supplies from them, he should clearly state that no such duty/tax will be<br />
charged by him up to the limit of exemption which he may have. If any<br />
concession is available in regard to rate/quantum of any Duty/tax, it should be<br />
brought out clearly. Stipulations like, the said duty/tax was presently not<br />
applicable but the same will be charged if it becomes leviable later on, will not<br />
be accepted unless in such cases it is clearly stated by a Bidder that such<br />
duty/tax will not be charged by him even if the same becomes applicable later<br />
on. In respect of the Bidders, who fail to comply with this requirement, their<br />
quoted prices shall be loaded with the quantum of such duty/tax which is<br />
normally applicable on the item in question for the purpose of comparing their<br />
prices with other Bidders.<br />
(v) Any change in any duty/tax upward/downward as a result of any statutory<br />
variation in excise taking place within contract terms shall be allowed to the<br />
extent of actual quantum of such duty/tax paid by the supplier. Similarly, in<br />
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case of downward revision in any duty/tax, the actual quantum of reduction of<br />
such duty/tax shall be reimbursed to the Buyer by the Seller. All such<br />
adjustments shall include all reliefs, exemptions, rebates, concession etc. if any<br />
obtained by the Seller.<br />
(b)<br />
Services Tax<br />
(i) If it is desired by the Bidder to ask for Services tax to be paid as extra, the<br />
same must be specifically stated. In the absence of any such stipulation in the<br />
bid, it will be presumed that the prices quoted by the Bidder are inclusive of<br />
Services tax and no liability of Services tax will be developed upon the Buyer.<br />
(ii) On the Bids quoting Services tax extra, the rate and the nature of<br />
Services Tax applicable at the time of supply should be shown separately.<br />
Services tax will be paid to the Seller at the rate at which it is liable to be<br />
assessed or has actually been assessed provided the transaction of Services is<br />
legally liable to Services tax and the same is payable as per the terms of the<br />
contract.<br />
(c)<br />
Octroi Duty & Local Taxes<br />
(i) Normally, materials to be supplied to Government Departments against<br />
Government Contracts are exempted from levy of town duty, Octroi Duty,<br />
Terminal Tax and other levies of local bodies. The local Town/Municipal Body<br />
regulations at times, however, provide for such Exemption only on production<br />
of such exemption certificate from any authorised officer. Seller should ensure<br />
that stores ordered against contracts placed by this office are exempted from<br />
levy of Town Duty/Octroi Duty, Terminal Tax or other local taxes and duties.<br />
Wherever required, they should obtain the exemption certificate from the Buyer,<br />
to avoid payment of such local taxes or duties.<br />
(ii) In case where the Municipality or other local body insists upon payment<br />
of these duties or taxes the same should be paid by the Seller to avoid delay in<br />
supplies and possible demurrage charges. The receipt obtained for such<br />
payment should be forwarded to the Buyer without delay together with a copy<br />
of the relevant act or bylaws/notifications of the Municipality of the local body<br />
concerned to enable him to take up the question of refund with the concerned<br />
bodies if admissible under the said acts or rules.<br />
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Part IV – Special Conditions of RFP<br />
The Bidder is required to give confirmation of their acceptance of Special Conditions of the<br />
RFP mentioned below which will automatically be considered as part of the Contract<br />
concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer.<br />
Failure to do so may result in rejection of Bid submitted by the Bidder.<br />
50. Performance Guarantee. The Bidder will be required to furnish a Performance<br />
Guarantee by way of Bank Guarantee through a public sector bank or a private sector bank<br />
authorized to conduct government business (ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank<br />
Ltd.) for a sum equal to 10% of the contract value within 30 days of receipt of the confirmed<br />
order. Performance Bank Guarantee should be valid up to 60 days beyond the contract<br />
period. The specimen of PBG is given in Form DPM-15 (Available in MoD website and can<br />
be provided on request).<br />
51. Payment Terms for Indigenous Sellers. Stage Payment will be made as per the<br />
table shown in paragraph 31 of Part II, on completion of the stage-wise activities and receipt<br />
and acceptance of the „Deliverables‟ by the Buyer. It will be mandatory for the Bidders to<br />
indicate their bank account numbers and other relevant e-payment details so that payments<br />
could be made through ECS/EFT mechanism instead of payment through cheques,<br />
wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by<br />
Bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD website<br />
and can be given on request).<br />
52. Advance Payments: No advance payment(s) will be made.<br />
53. Paying Authority. Payment by cheque / Electronic fund transfer by Accounts<br />
office(Navy) Mumbai in respect of Indian Firms within 30 days of submission of bills and<br />
following documents:<br />
(i) Ink-signed copy of Commercial invoice / Seller‟s bill.<br />
(ii) CRVs in duplicate.<br />
(iii) Inspection note.<br />
(iv) Claim for statutory and other levies to be supported with requisite<br />
documents / proof of payment such as Customs duty clearance certificate,<br />
Octroi receipt etc as applicable.<br />
(v) Exemption certificate for Customs duty, if applicable.<br />
(vi) Warranty certificate and Certificate of Conformity if applicable.<br />
(vii) Performance Bank guarantee where applicable.<br />
(viii) Details for electronic payment viz Account holder‟s name, Bank name,<br />
Branch name and address, Account type, Account number, IFSC code, MICR<br />
code (if these details are not incorporated in supply order/contract).<br />
54. Risk & Expense clause<br />
(a) Should the stores / documents or any installment thereof not be delivered<br />
within the time or times specified in the contract documents, or if defective delivery is<br />
made in respect of the stores / documents or any installment thereof, the Buyer shall<br />
after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to<br />
the right to recover liquidated damages as a remedy for breach of contract, to declare<br />
the contract as cancelled either wholly or to the extent of such default.<br />
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(b) Any excess of the purchase price, cost of manufacturer, or value of any stores /<br />
documents procured from any other supplier as the case may be, over the contract<br />
price appropriate to such default or balance shall be recoverable from the SELLER.<br />
(c) In case of a material breach that was not remedied within 45 days, the BUYER<br />
shall, having given the right of first refusal to the SELLER be at liberty to purchase,<br />
manufacture, or procure from any other source as he thinks fit, other stores /<br />
documents of the same or similar description to make good:-<br />
(i) Such default.<br />
(ii) In the event of the contract being wholly determined the balance of the<br />
stores remaining to be delivered there under.<br />
55. Force Majeure clause<br />
(a) Neither party shall bear responsibility for the complete or partial<br />
nonperformance of any of its obligations (except for failure to pay any sum which has<br />
become due on account of receipt of goods under the provisions of the present<br />
contract), if the non-performance results from such Force Majeure circumstances as<br />
Flood, Fire, Earth Quake and other acts of God as well as War, Military operation,<br />
blockade, Acts or Actions of State Authorities or any other circumstances beyond the<br />
parties control that have arisen after the conclusion of the present contract.<br />
(b) In such circumstances the time stipulated for the performance of an obligation<br />
under the present contract is extended correspondingly for the period of time of action<br />
of these circumstances and their consequences.<br />
(c) The party for which it becomes impossible to meet obligations under this<br />
contract due to Force Majeure conditions, is to notify in written form the other party of<br />
the beginning and cessation of the above circumstances immediately, but in any case<br />
not later than 10 (Ten) days from the moment of their beginning.<br />
(d) Certificate of a Chamber of Commerce (Commerce and Industry) or other<br />
competent authority or organization of the respective country shall be a sufficient proof<br />
of commencement and cessation of the above circumstances.<br />
(e) If the impossibility of complete or partial performance of an obligation lasts for<br />
more than 6 (six) months, either party hereto reserves the right to terminate the<br />
contract totally or partially upon giving prior written notice of 30 (thirty) days to the<br />
other party of the intention to terminate without any liability other than reimbursement<br />
on the terms provided in the agreement for the goods received.<br />
56. Transportation: The following Transportation clause will form part of the contract<br />
placed on successful Bidder –<br />
(a) CIP – The stores / documents shall be delivered to IHQ MoD(N)/DNAM, New<br />
Delhi. Seller will bear the costs and freight necessary to bring the goods to the<br />
consignee.<br />
57. Quality: The quality of the stores delivered according to the present Contract shall<br />
correspond to the technical conditions and standards enumerated as per this RFP.<br />
58. Claims: The following Claims clause will form part of the contract placed on<br />
successful Bidder –<br />
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21<br />
(a) The claims may be presented either: (i) on quantity of the stores / documents,<br />
where the quantity does not correspond to the quantity shown in the Packing<br />
List/Insufficiency in packing, or (ii) on quality of the stores / documents, where quality<br />
does not correspond to the quality mentioned in the contract.<br />
(b) The Seller will settle the claims within 45 days from the date of the receipt of<br />
the claim at the Seller‟s office, subject to acceptance of the claim by the Seller. In<br />
case no response is received during this period the claim will be deemed to have been<br />
accepted.<br />
(c) The Seller shall collect the defective or rejected goods from the location<br />
nominated by the Buyer and deliver the repaired or replaced goods at the same<br />
location under Seller‟s arrangement.<br />
(d) Claims may also be settled by reduction of cost of goods under claim from<br />
bonds submitted by the Seller or payment of claim amount by Seller through demand<br />
draft drawn on an Indian Bank, in favour of Principal Controller/Controller of Defence<br />
Accounts concerned.<br />
(e) The quality claims will be raised solely by the Buyer and without any<br />
certification/countersignature by the Seller‟s representative stationed in India.<br />
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22<br />
Part V – Evaluation Criteria & Price Bid issues<br />
Evaluation Criteria<br />
59. The broad guidelines for evaluation of Bids will be as follows:-<br />
(a) Only those Bids will be evaluated which are found to be fulfilling all the<br />
eligibility and qualifying requirements of the RFP.<br />
(b)<br />
The tenders without EMD will be summarily rejected.<br />
(c) Tenders with incomplete information, subjective and conditional offers as well<br />
as partial offers will be liable for rejection.<br />
(d) Tenders submitted without the enclosures to prove about Bidder's specific<br />
experience in Consultancy project, Order value in Consultancy projects, proposed<br />
work plan, approach and methodology and CVs of experts to be deployed are liable to<br />
rejection.<br />
(e) Tenders with variance / contradiction between technical and commercial bid will<br />
be liable for rejection.<br />
(f) If the offer does not meet the tender requirements, IHQ MoD(N)/DNAM<br />
reserves the right to reject any or all the tenders without assigning any reasons<br />
whatsoever.<br />
(g) Tenders without the signed copy of Tender Documents in the respective<br />
envelopes will be summarily rejected.<br />
(h) In addition to the above rejection criteria, if there is non-compliance of any of<br />
the clauses of this Tender Document, the tenders are liable for rejection. Incomplete<br />
details as above will be treated as a non-responsive offer and the tender is liable for<br />
rejection<br />
(j) The Lowest Bid will be decided upon the lowest price quoted (for the full period<br />
of consultancy) by the particular Bidder as per the Price Format given at Para 66<br />
below.<br />
(k) The Bidders are required to spell out the rates of VAT, Service Tax, etc in<br />
unambiguous terms; otherwise their offers will be loaded with the maximum rates of<br />
duties and taxes for the purpose of comparison of prices.<br />
(l) If there is a discrepancy between the unit price and the total price that is<br />
obtained by multiplying the unit price and quantity, the unit price will prevail and the<br />
total price will be corrected. If there is a discrepancy between words and figures, the<br />
amount in words will prevail for calculation of price.<br />
(m) The Lowest Acceptable Bid will be considered further for placement of contract<br />
/ Supply Order after complete clarification and price negotiations as decided by the<br />
Buyer.<br />
60. Please note that if you combine the functions of consulting with those of an<br />
EAM/MRO/ERP Vendor/Implementation Partner/System Integrator or Hardware<br />
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23<br />
Manufacturer/Supplier or if you are associated with, affiliated to, or owned by a<br />
EAM/MRO/ERP Vendor/implementation Partner or Hardware Manufacturer/Supplier, you<br />
should include in your proposal relevant information of such relationships along with a<br />
statement to the effect that you limit your role to that of consultant and disqualify yourself and<br />
your associates/affiliates from work in any other capacity (including bidding on any part of the<br />
project later) except that of consulting services for any follow-on services of IHQ<br />
MoD(N)/DNAM.<br />
61. A firm will also be excluded from the evaluation if, in the judgment of customer, the<br />
firm has been, or might be, placed in a position where its judgment in the execution of the<br />
project may be biased for a particular OEM or Vendor. Firms which believe such a situation<br />
may exist should<br />
(a)<br />
Not participate; or<br />
(b) Seek guidance from IHQ MoD(N)/DNAM prior to preparing its technical<br />
proposal and enclose a certificate that it would remain unbiased throughout the<br />
conduct of the proposal.<br />
62. Since the selection will be undertaken on a competitive basis, IHQ MoD(N)/DNAM will<br />
not entertain subsequent requests to change the personnel proposed, except in exceptional<br />
circumstances and on specific approval of IHQ MoD(N)/DNAM with persons of similar or<br />
higher qualification, experience and caliber. Delays in the project due to change of personals<br />
will be at the risk and expense of the Consultant.<br />
63. Financial proposals shall be opened and evaluated only after the technical evaluation<br />
has been completed, as mentioned above. All short listed bidders (whose technical offers are<br />
found eligible) would be advised about the date and time of opening of the financial offers.<br />
The price envelopes of only those firms/institutions shall be opened for financial evaluation<br />
that fulfills the technical eligibility requirements specified above. The price envelopes of the<br />
remaining firms/institutions shall remain unopened and will be returned to them after IHQ<br />
MoD(N)/DNAM has issued the supply order to the selected firm.<br />
Price Bid Format<br />
64. Your financial proposal should be submitted in the enclosed format attached as<br />
Appendix B (separately for every phase of the project) in following manner:-<br />
(a) You will quote a lump-sum amount as your fee including all expenditure like<br />
conveyance, incidentals, out-of-pocket expenses, etc to be incurred. The cost should<br />
be inclusive of all taxes and duties and nothing extra shall be payable.<br />
(b) The fee of the consultant shall be inclusive of all costs related to visits to any<br />
location of the Navy if necessary, boarding and lodging, attending meetings,<br />
conferences and making suitable presentations etc. Extended visits to Kochi (for<br />
discussions / interaction with the NAMS Project Team stationed there) and some visits<br />
to Delhi (for technical vetting, contract / price negotiations, presentations to senior<br />
officers, contract signing, project review etc.) would be required. In addition, there may<br />
be a few visits to Headquarters Naval Aviation at Goa.<br />
(c) The lump-sum fee quoted should be roughly justified based on costs to be<br />
incurred by you as an Annexure to the Appendix B. The costs shown should include a<br />
breakdown of the monthly remuneration rate for each professional staff to be assigned<br />
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24<br />
and number of man-days required for each professional to be engaged for the<br />
purpose along with amount in Rupees and a general break-down of other<br />
miscellaneous expenses.<br />
65. Commercial offer as submitted by your firm will be considered in evaluation and<br />
selection of consultants. However, each element of the financial proposal of the selected firm<br />
may be reviewed during contract negotiations, if any, to determine the final contract price.<br />
66. The Price Bid Format is given below and Bidders are required to fill this up correctly<br />
with full details:<br />
(a)<br />
(b)<br />
Basic cost of the item/items:<br />
Item Unit price Qty Total<br />
i. A<br />
ii. B<br />
iii. C<br />
iv. Total of Basic Price<br />
Is VAT extra? If yes, then mention the following:<br />
(i)<br />
(ii)<br />
(iii)<br />
Total value on which VAT is leviable:<br />
Rate of VAT:<br />
Total value of VAT leviable:<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
Is Service Tax extra? If yes, then mention the following:<br />
(i) Total value of Services on which Service Tax is leviable:<br />
(ii) Rate of Service Tax leviable:<br />
(iii) Total value of Service Tax leviable:<br />
Is Custom Duty Exemption (CDE) required ? If yes, then mention the following:<br />
(i) Custom notification number under which CDE can be given(Enclose a<br />
copy):<br />
(ii) CIF value of stores to be imported:<br />
(iii) Rate of Customs Duty payable:<br />
(iv) Total amount of Customs Duty payable:<br />
Octroi / Entry taxes if any:<br />
Any other Taxes / Duties / Overheads / Other costs:<br />
Grand Total:<br />
(Sanjeev Dureja)<br />
Captain<br />
Director Naval Air Materiel<br />
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25<br />
Appendix A<br />
(Refers to Para 19 of IHQ MoD(N)<br />
letter AR/0422/NAMS dt 16 Aug 11)<br />
TECHNICAL PROPOSAL FORMAT<br />
(Please sign all pages of the completed bid form, including enclosures)<br />
We would like to clearly state that we qualify for this work as our firm meets all the eligibility<br />
criteria indicated by you in the 'Instructions for Consultants'. The details are as under:-<br />
Sl. Item Compliance<br />
Yes/No<br />
1. Name of bidding organisation<br />
2. Academic institution or a Company<br />
3. In operation for a period of at least<br />
six years as on 31 Mar 2011<br />
4. Successfully completed, within the<br />
previous three years, similar<br />
envisaged scope of work, in at least<br />
three projects, out of which at least<br />
one should be for Defence / a public<br />
sector undertaking /Central or State<br />
Government Organization or a<br />
foreign government organisation<br />
5. Provided / be providing Consultancy<br />
and Program Management for at<br />
least three projects with a Project<br />
outlay of Rs. 100 Crore or more<br />
and at least two such projects shall<br />
be of packaged solution like<br />
EAM/MRO/ERP for a defence /<br />
public limited company or Central or<br />
State Government Organization or a<br />
Public Sector Undertaking<br />
6. Team Leader proposed by the<br />
bidder should have end-to-end<br />
experience of at least ten years<br />
7. Team members should have a<br />
minimum experience of three<br />
years in their respective areas of<br />
specialisation.<br />
8. Statement that at any stage / phase<br />
of the Project, at least 80% of the<br />
team earmarked for that<br />
stage/phase would remain<br />
unchanged and not more than 50%<br />
of the overall manpower earmarked<br />
for the entire project would be<br />
changed<br />
9. The consultancy team demonstrates<br />
Related<br />
Page<br />
No. in your<br />
Technical<br />
Bid<br />
Supporting<br />
Documents<br />
Page 25 of 30
Sl. Item Compliance<br />
Yes/No<br />
expertise in the relevant area of<br />
specialisation.<br />
10. Majority of the team has been drawn<br />
from the permanent staff of the firm.<br />
11 Annual turnover of at least Rs. 100<br />
Crores in each of the past three<br />
years (2008-09, 09-10 and 2010-11).<br />
The bidder should have an average<br />
turnover of Rs. 30 Crores or more<br />
for the past three years in IT related<br />
consultancy / advisory services<br />
12 Have a minimum of 500 employees<br />
working in these areas as on 31 Mar<br />
2011.<br />
13. Certificate from the consortium<br />
partner / freelance consultant (if<br />
applicable) attached, stating that the<br />
consortium partner / freelance<br />
consultant has not offered his<br />
service to any other firm / institution<br />
that is responding to this RFP.<br />
26<br />
Related<br />
Page<br />
No. in your<br />
Technical<br />
Bid<br />
Supporting<br />
Documents<br />
We understand that if the details given in support of claims made above are found to be<br />
untenable or unverifiable or both, then our bid may be rejected without any reference. We further<br />
clearly understand that IHQ MoD(N)/DNAM is not obliged to inform us of the reasons for rejection<br />
of our bid.<br />
Address and Contact Nos:<br />
Authorised Signatory<br />
Name, designation, Postal and Email address and telephone no. of the authorized<br />
signatory<br />
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27<br />
Annexure 1 to Appendix A<br />
(Refers Para 19 (d) of IHQ MoD(N) letter AR/0422/NAMS dt 16 Aug 11)<br />
CV FORMAT<br />
1. Proposed position for this project (only one candidate should be nominated for each position) :<br />
2. Name:<br />
3. Date of birth:<br />
4. Nationality:<br />
5. Personal (Residential address, Telephone no. and E-maiI ID)<br />
6. Official (Address, Telephone no. Fax no., E-maiI ID)<br />
7. Education (the years in which various qualifications were obtained must be stated) :<br />
8. Other training:<br />
9. Membership in professional societies:<br />
10. Areas of main work experience:<br />
11. States in India where work experience has been acquired:<br />
12. Employment record (Starting with present position, list in reverse order every employment held<br />
and state the start and end dates of each employment. Clearly distinguish if the consulting firm was<br />
either (a) your "employer" i.e. You are/were a regular full-time employee of the consulting firm or (b) a<br />
"client" i.e. you are/or have worked as a consultant or an adviser with the consulting firm):<br />
(a) Duration:<br />
(b) Employer:<br />
(c) Position held and description of duties:<br />
(d) Detailed Tasks Assigned (In this column, list tasks one by one and support each task by<br />
project experience in the right hand side column.):<br />
(e) Work undertaken that best illustrates capability to handle the tasks assigned (In this<br />
column, list project name, location, year, position held, i.e. Team Leader, Assistant, etc. and<br />
exact duties rendered and time spent on each project. Bring out the qualification as per<br />
eligibility condition).<br />
13. Personal/Permanent Employment Status Certification (Please follow the following format exactly.<br />
Omission will be treated as noncompliance. Please indicate Yes / No)<br />
(a) I am a free lance consultant / adviser, not in the regular employment of the Consultant firm<br />
or associated firm.<br />
(b) I am a regular full-time employee of the Consultant or associated<br />
14. I, the undersigned, confirm that to the best of my knowledge, this CV correctly describes me,<br />
my qualifications, and my experience.<br />
15. I understand that any willful mis-statement in this CV may lead to my disqualification or<br />
dismissal, if engaged.<br />
16. I have not offered my services to any other firm / institution that is responding to this<br />
RFP.<br />
Signature of Consultant and Date of Signing: Day Month Year<br />
COUNTERSIGNED (AUTHORIZED SIGNATORY of the bidding firm)<br />
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28<br />
Annexure 2 to Appendix A<br />
(Refers Para 19 (e) of<br />
IHQ MoD(N) letter AR/0422/NAMS dt 16 Aug 11)<br />
STAFFING SCHEDULE<br />
Note: Personnel in the employment of the Consultant, and those to be engaged from outside<br />
may be grouped separately.<br />
Page 28 of 30
S.<br />
N.<br />
29<br />
Annexure 3 to Appendix A<br />
Refers Para 19 (e) of<br />
IHQ MoD(N) letter AR/0422/NAMS dt 16 Aug 11)<br />
Deliverables Time line and number of persons<br />
Phase I: decision regarding approach (60 days)<br />
Effort in<br />
personmonths<br />
M1 M2 M3 M4 M5 M6 M7 M8-<br />
M36<br />
(Rate per<br />
person<br />
month) X<br />
(Personmonths)<br />
a. As-Is Process document<br />
b. Product -wise analysis report and the minimum<br />
%age of customization that would be required in<br />
each case<br />
c. 1. Comparison matrix “Bespoke / Ground-up<br />
development” vis-à-vis “COTS / Customization”<br />
and firm recommendations about best suited<br />
approach<br />
2. Potential benefits (Tangible and intangible) and<br />
RoI that will be accrued<br />
3. Implementation timelines<br />
d. Hardware architecture document<br />
e. ILMS (Air) migration plan<br />
Phase II: Preparation of draft RFP (60 days)<br />
e. List of probable vendors with contact details<br />
f. NAMS project implementation plan with timelines<br />
g. Draft RFP<br />
Phase III: Placing of NAMS order (90 days)<br />
h. Vendor shortlist for PoC<br />
j. PoC scripts<br />
k. Technical evaluation report<br />
l. Comparative statement of bids based on TCO and<br />
cost benefit analysis<br />
m. Contract and price negotiation<br />
n. Draft contract<br />
Phase IV: NAMS implementation post order (24 months)<br />
p. Compliance statement, project progress reports<br />
Total<br />
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30<br />
Appendix B<br />
(Refers to Para 64 of IHQ MoD(N) letter AR/0422/NAMS dt 16 Aug 11)<br />
COMMERCIAL PROPOSAL FORMAT<br />
1. We, the undersigned, offer to provide consultancy services in accordance with your Terms<br />
of Reference and other conditions mentioned in the above tender. We also accept, without any<br />
deviation, the terms and conditions of the above tender. Our lumpsum fee for the above services<br />
including all the anticipated cost, taxes and levies would be Rs (Rupees<br />
_____________________ Only). (Taxes and levies to be shown separately also).<br />
2. The breakdown of the cost (as per details specified in para 64) as calculated by us is<br />
attached as Annexure to this Appendix.<br />
3. We understand clearly that you are not bound to accept any proposal you receive.<br />
4. We also understand that incomplete offers would be summarily rejected.<br />
5. We agree to keep this financial offer open for 180 days from date of opening of the<br />
technical offer.<br />
Name Stamp<br />
(Please sign all pages of the completed bid form)<br />
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