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Annexure B - National Metallurgical Laboratory

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ANNEXURE – B<br />

Terms & Conditions<br />

for Comprehensive Annual Maintenance Contract for maintenance of Servers,<br />

Computers and Networking Components etc<br />

1. Vendors are advised to visit CSIR-NML and inspect the condition of the listed<br />

machines prior to submitting quotation.<br />

2. AMC vendor will station 2 (two) service engineers (should be a permanent employee<br />

of the vendor/on contract specifically for CSIR-NML deputed by the vendor) at NML,<br />

Jamshedpur, with at least 1(one) CCNA or MCNA or MCSE engineer. Copy of<br />

certificate to be enclosed.<br />

Vendor selected shall ensure the following service norms:<br />

Service availability timings<br />

: 0930 hours to 1730 hours Monday to Friday<br />

& Saturday (if working day of NML)<br />

For Computers/Printers/Scanners related problems standby to be provided<br />

within 4 hours and case to be resolved within 12 hours (herein hours means<br />

office hours)<br />

For Servers/Network Switch/30KVA UPS related problems standby to be<br />

provided within 1 hours and case to be resolved within 8 hours. For other<br />

UPS/CVT related problems case to be resolved within 12 hours (herein hours<br />

means office hours).<br />

3. AMC vendor will ensure that operating system with necessary softwares as available<br />

in ICT-U are loaded.<br />

4. AMC vendor shall provide COMPREHENSIVE AMC for ALL ITEMS as in ANNEXURE-<br />

A including Networking components (Active & Passive), UPS (excluding battery) &<br />

laptops (excluding batteries) . AMC vendor will ensure that the replacement parts are<br />

the same or better configuration as that original of equipments at no extra cost to<br />

NML. In case the same make of component is obsolete, AMC vendor will replace the<br />

defective component with new one that is equivalent/better in configuration in<br />

consultation with his authorized representative.<br />

Offers received on Non-Comprehensive AMC basis will be considered as technically<br />

unresponsive and will not be evaluated.<br />

The obsolescence of components shall not be taken as an excuse for declaring<br />

faulty hardware “Repair Not Possible (RNP)”. In case it becomes impossible to<br />

maintain the hardware due to obsolescence of the technology, the vendor shall<br />

suitably upgrade them without any extra charge. Transportation and safety of<br />

hardware from NML site to repair centre (if required) and vice versa shall be sole<br />

responsibility of the vendor.<br />

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5. AMC vendor shall maintain the Passive components viz. CAT6/Fiber cables, IO<br />

boxes. Patch cords (CAT6 & Fiber), LIU patch panels (punching/ connectorization<br />

/splicing (if required) replacement with NEW passive components (if required),<br />

relaying of CAT6/Fiber cables and change the faulty cables (if required) & saddling of<br />

sagging network cables at no extra cost.<br />

6. Inclusion of items can be done on pro-rata basis:<br />

(a) During the course of AMC tenure, if a new item not in the AMC list (for those case<br />

for which warranty has expired) and needs to be included in the existing list of<br />

item under AMC, of the similar category, then a letter from NML shall be given to<br />

vendor (after any quarter) after which they have to provide maintenance for the<br />

item. The vendor can do necessary changes in their quarterly billing with a copy<br />

of letter from NML for inclusion of Items (if any).<br />

(b) During the course of AMC tenure, if a item needs to be removed from the existing<br />

list of item under AMC, then a letter from NML shall be given to vendor (after any<br />

quarter) after which they have to amend the list and bill for the remaining items only<br />

with a copy of letter from NML for deletion of Items (if any). Deletion or addition of<br />

items should be done with information to Purchase Section. Pl. note that any<br />

deletion of item from the AMC list can only be done based on the approval of Head,<br />

ICTU and the recommendations of the Standing Disposal Committee of NML.<br />

7. The vendor shall provide services at NML Main Building, Burmamines, Magnesium<br />

Pilot Plant, LSTF & MBPP Plant Area / MNP Division, Agrico & Tuiladungari<br />

Dispensary & of the Director, CSIR-NML residence.<br />

8. The vendor should have executed a single order value of such AMC job of not less<br />

than Rs.10,00,000/- (Rupees Ten Lakhs). The company should have the experience of<br />

maintaining a minimum of 500 PCs and Laptops or more with peripherals for more<br />

than three years in any Central Government Departments / Ministries/ Govt.<br />

undertakings/ Corporate offices like Tata Steel & Tata Motors along with<br />

maintenance of switched Ethernet LAN system, other than CSIR-NML Jamshedpur.<br />

9. The vendor should have a registered office at Jamshedpur or should give an<br />

undertaking for creating an office at Jamshedpur before the conclusion of the AMC<br />

Contract.<br />

10.Copy of Certificates to be enclosed with Quotation:<br />

• Certificate of vendor engineer’s CCNA or MCNA or MCSE to be posted at NML.<br />

• Trade license/ a certificate from your existing client that you have executed such<br />

AMC jobs having the value/volume as mentioned at Sl. No. 8 above.<br />

• Current work order copy issued to vendor by any Central Government<br />

Departments / Ministries/ Govt. undertakings/ Corporate offices like Tata Steel &<br />

Tata Motors maintenance of such AMC job of maintaining 500 Computers,<br />

Servers, Workstation, Printers, and Scanners including LAN system.<br />

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11. The vendor shall maintain the following Spares at NML Main Building at any time for<br />

which the necessary space would be provided by Head, ICTU :-<br />

Items<br />

Qty<br />

1) Almirah with Lock & Key 1 No.<br />

2) New Branded Computer (only CPU) 2 Nos.<br />

3) 15” TFT Monitor 3 Nos.<br />

4) B&W Laser Printer 2 Nos.<br />

5) A4 Scanner 2 No.<br />

6) 400w SMPS 6 Nos.<br />

7) SATA HDD 3 Nos.<br />

8) New Keyboard & Optical Mouse 4 Nos. each<br />

9) Motherboard 945 or equivalent 2 Nos.<br />

10) CMOS battery 12 Nos.<br />

11) 24p non-SNMP switch 2 Nos.<br />

12) Portable Hand Blower 1 No.<br />

13) All Network detection & repairing tools 1 set<br />

LAN tester, Crimping, Punching & Stripping tool<br />

14) Tools for detection & repairing of computers & 2 sets<br />

peripherals<br />

12.Payment will be made against invoice in four equal quarterly installments after<br />

satisfactory report duly signed by Head ICT-U & AMC coordinator, ICT-U.<br />

13. Please provide the following details in the invoice for payment by way of e-mode.<br />

This may please be treated as mandatory:-<br />

i) 11 digit core Banking Account Number<br />

ii) Type of Account (Saving/Current).<br />

iii) Name of Account Holder.<br />

iv) Name of Bank & Branch.<br />

v) IFSC Code Number.<br />

vi) MICR Number.<br />

14.E.M.D. (Earnest Money Deposit):<br />

The bidders must submit an EMD of Rs.1,00,000/- (Rupees One Lakh only) along with<br />

the Bids in the form of Demand Draft / banker cheque of any scheduled Bank drawn<br />

in favour of the Director, <strong>National</strong> <strong>Metallurgical</strong> <strong>Laboratory</strong> payable at Jamshedpur.<br />

Bank Guarantee as per enclosed format of similar amount valid for a period of six<br />

months may also be submitted as EMD. Bids submitted without EMD will not be valid<br />

or considered. Cheques are not acceptable as EMD and the Bids submitted with<br />

cheques as EMD will be not considered. EMD of unsuccessful bidders will be<br />

returned within 3 months of finalization of AMC. However, firms registered<br />

permanently with DGS & D and NSIC who are exempted from payment of EMD will be<br />

allowed exemption. The certificate to this effect should be enclosed along with the<br />

offer, if exemption is claimed.<br />

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15. P.B.G. (Performance Bank Guarantee):<br />

The Successful bidder has to submit a Performance Bank Guarantee (PBG) issued<br />

by any scheduled Bank as per the format enclosed for 10 % of Order Value in favour<br />

of the Director, <strong>National</strong> <strong>Metallurgical</strong> <strong>Laboratory</strong>, Jamshedpur. The PBG should be<br />

valid for a period of two months beyond the validity of AMC Order, i.e. for 14 months.<br />

The PBG should be submitted within one month from the date of issue of order. The<br />

EMD submitted by the successful bidder will be returned soon after receipt of the<br />

PBG.<br />

16. The Director, CSIR-<strong>National</strong> <strong>Metallurgical</strong> <strong>Laboratory</strong>, Jamshedpur reserves the right<br />

to reject any offer or all the offers received without assigning any reason thereof.<br />

17.Applicable Law : The contract shall be interpreted in accordance with Laws<br />

applicable in India and subject to jurisdiction of the court in Jamshedpur,<br />

Jharkhand, India only.<br />

18.Arbitration : All disputes will be referred to Director General, Council of Scientific &<br />

Industrial Research, New Delhi for arbitration. The decision of Director General will<br />

be final and binding on both supplier and CSIR-NML, Jamshedpur.<br />

19.Quotation to be submitted in the format given as per ANNEXURE – C. Failure to<br />

quote for any one item would lead to a technically unresponsive quote and their<br />

offer would be rejected.<br />

20.CST/VAT – The rate of Sales Tax/VAT should be clearly indicated wherever<br />

chargeable. This office is not eligible to issue C or D forms.<br />

21.NML is exempted from Central Excise Duty vide G.O.I. notification No. 10/97 dated<br />

01/03/1997 & the Excise Duty Exemption Certificate may be issued against the ANC<br />

Order if required.<br />

22.Road Permit : Declaration for Transit by Road will be provided on the written request<br />

from the vendor if required.<br />

23.Gate Pass will be issued by the user Division/Section/Unit in whose PIR of the<br />

material exists duly endorsed by the ICTU Division of CSIR-NML, Jamshedpur if<br />

required against the maintenance contract in order to take out the items for<br />

repairing/replacement work and a copy of the same will be sent to the Stores Section<br />

(S&P Division).<br />

24.Lightening, Mouse-Cut, Over voltage (Voltage above 250 volts certified by Electrical<br />

Department of NML) would not come under the purview of comprehensive AMC and<br />

the cost would be borne by CSIR-NML.<br />

25.Basis of Selection :<br />

(i) Selection of the offer will be done on the basis of lowest quoted consolidated<br />

rates/offer as per <strong>Annexure</strong> - C after taking all items into consideration.<br />

(ii) Firms are supposed to quote for all items as per <strong>Annexure</strong> – C so that their offers<br />

can be evaluated. Failure to quote for any one item would lead to a technically<br />

unresponsive quote and their offer would be rejected.<br />

(iii) In exceptional situations the Institute may not like to go for AMC for a particular<br />

Page 4 of 5


item. In such situations the Decision Making Committee may decide to delete one or<br />

more items from <strong>Annexure</strong>-C and then decide the lowest technically suitable quote<br />

as per NML’s requirement.<br />

26. It should be ensured by the vendor that the prices charged from CSIR-NML should not<br />

exceed prevailing market rates charged by the selected firm from other organizations<br />

for similar services offered.<br />

27. Pre-mature termination of contract on unsatisfactory performance:- CSIR-NML would<br />

terminate the contract based on unsatisfactory performance of the vendor.<br />

“Unsatisfactory Performance” would mean (i) Vendor unable to provide permanent<br />

solution to a problem within 15 working days of the lodging of complaint if such<br />

instances occur more than three times in a quarter or six times in a year then<br />

termination would be effected based on the recommendation of Head, ICTU and the<br />

approval of Purchase Committee and the Advisor Management.<br />

Termination/debarring the firm from business would be effected in such cases where<br />

serviceable and performing assets of CSIR- NML have been taken by the<br />

vendor/cannibalized and returned in unserviceable form “Not Fit for Use” or<br />

subsequently not returned even after three persistent reminders then CSIR-NML<br />

would initiate termination/debarring the firm from business for the period as decided<br />

by the Director, CSIR-NML.<br />

28. The contract can be extended beyond one year for a maximum period of six months<br />

or a minimum period of three months if the Decision Making Committee decides to<br />

call the existing lowest quoting firm for a negotiation to maintain the rates as it is as<br />

per AMC or to further lower the rates based on a market survey by the committee or<br />

on the basis of similar AMC order copies of Govt. Organizations/Corporate offices<br />

like Tata Steel/Tata Motors/Tinplate/Timken and then finalize on extension of the<br />

existing contract.<br />

29. Negotiations if at all shall be an exception but will be conducted wherever required<br />

with the lowest evaluated responsive bidder and the Decision Making Committee<br />

would record cogent reasons for conducting a price negotiation meeting.<br />

30. Force Majeure:- In case of an event or situation beyond the control of the<br />

supplier that is not foreseeable, is unavoidable, and its origin is not due to<br />

negligence or lack of care on the part of the supplier. Such events like wars,<br />

revolutions, fires, floods, epidemics, quarantine restrictions, and freight<br />

embargoes, thunderstorms, lightening may be considered as not foreseeable<br />

and unavoidable by the supplier and thus the vendor can approach the force<br />

majeure committee of the Institute for redress.<br />

31. Annual Maintenance Contract Performance Review Committee:- It is also<br />

proposed that the contract would be reviewed for its performance every six<br />

months. Since there is a provision for extension of the contract for a further<br />

period of six months after the completion of tenure of one year thus in such<br />

circumstance any extension beyond the original tenure would be provided on<br />

the basis of the recommendations of the committee as constituted by the<br />

institute. The same committee would also look into cases of Force Majeure as<br />

mentioned above at Clause 30.<br />

(N. K. Singh)<br />

Stores & Purchase Officer<br />

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