RFP For Kochi Metro Rail.
RFP For Kochi Metro Rail.
RFP For Kochi Metro Rail.
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Tender notice
Tender Inviting Authority
Place of availability of
Tender Documents (RFPs)
KMRL/IT/AE(IT)2013/971, Dtaed18-06-2014
(RFPs)
Address to send
Prebid
queries
Place for Prebid meeting
Place for submission of bids
EMD
Nature of bid process
AGM(F&A), arunkumar@kochimetromail.com
KMRL, Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
Director (System), KMRL, Revenue Tower, 8th Floor, Park
Avenue, Ernakulam -682011
Rs.25000/-, non-refundable, to be paid with the bids,
through demand drafts/bankers cheque favouring Kochi
Metro Rail Limited and payable at Kochi.
Rs.200000/- Refundable, to be submitted along with the
bids either as DD/Bankers Cheque or BG
Two cover system Technical and commercial proposals
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Event
Date deadline
Release of RFP
23-06-2014
07-07-2014
17-07-2014
02-08-2014, 1500 pm
02-08-2014, 1530 pm
Signing of Agreement
LoI+10 days
10-07-2014
proposals
Qualification of Technical
proposal for implementation
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ABBREVIATIONS / DEFINITIONS
KMRL means Kochi Metro Rail limited, the tendering authority
PURCHASER shall mean the KMRL.
SUPPLIER/BIDDER/SI shall mean the person; firm an incorporated entity under provisions
of companies act or corporation to whom the Purchase Order is issued.
SYSTEM Integrator (SI) shall mean individual, firm, or corporation or company which
implements ERP for the corporation in KMRL and to whom the purchase order is issued.
Service provider (SP) also is used to mean the same thing.
ORDER shall mean the Purchase Order and its attachments and exhibits.
Proposal or Response or bid, means the Technical Proposal and the Financial Proposal.
RFP means the Request For Proposal prepared by the Purchaser for the selection of
Bidders.
Assignment / job/project means the work to be performed by the Bidder pursuant to the
Contract.
Sub-Consultant means any person or entity to whom the Bidder subcontracts any part of
the Assignment/job.
BG means the bank Guarantee, submitted by supplier/bidder/consultant required by KMRL
DD means Demand Draft from banks as per conditions indicated in the RFP
EMD means the Earnest Money Deposit or Bid security provided by the bidder along with
the proposal as per conditions in the RFP
IT/ICT means Information and Communication Technologies, including software solutions
PBG means Performance Bank Guarantee, to be provided for contracting as per conditions
in the RFP
ERP, ERP solution means Enterprise Resource Planning solution or commercially off the
shelf software applications, meant for integrating the different processes of an
organization on a single software platform
OEM means the original equipment manufacturer, legal owner of the ERP solution
Project or project services, means the supply and implementation of ERP solution at KMRL
as elaborated in the RFP document
CoE or Centre of Excellence means the mechanism and structure to manage, develop,
modify, customise or implement the ERP system, post the mandatory support period.
LOA (letter of Acceptance) or LOI (letter of Intent) means the formal communication sent
by KMRL to successful bidder, post the completion of evaluation and negotiation, to
proceed to the next step of signing a contract/agreement.
Contractor means the party which has signed the agreement/contract with KMRL to
execute the project.
LLP means the limited liability Partnership firm as defined in the Companies act
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Company or firm or LLP means the entity as defined in the Companies act
Statutory Auditor is An Auditor appointed under the Applicable Laws
Scheduled Bank is as specified in RBI Act, 1934
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DISCLAIMER
The information contained in this Request for Proposal document (RFP) or subsequently
provided to Bidders, whether verbally or in documentary or any other form by or on behalf
of KMRL or any of its employees or advisers, is provided to Bidders on the terms and
conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.
This RFP is not an agreement or an offer by KMRL to the prospective Bidders or any other
person. The purpose of this RFP is to provide interested parties with information that may
be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP
includes statements, which reflect various assumptions and assessments arrived at by
KMRL in relation to the ERP Implementation project. Such assumptions, assessments and
statements do not purport to contain all the information that each bidder may require.
This RFP may not be appropriate for all persons, and it is not possible for KMRL, its
employees or advisers to consider the objectives, technical expertise and particular needs
of each party who reads or uses this RFP. The assumptions, assessments, statements and
information contained in this RFP, may not be complete, accurate, adequate or correct.
Each bidder should, therefore, conduct its own investigations and analysis and should
check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidders may be on a wide range of matters, some
of which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. KMRL accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on the law expressed herein.
KMRL, its employees and advisers make no representation or warranty and shall have no
liability to any person including any bidder under any law, statute, rules or regulations or
tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost
or expense which may arise from or be incurred or suffered on account of anything
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TABLE OF CONTENTS
ABBREVIATIONS / DEFINITIONS..................................................................................................................................... 6
DISCLAIMER ................................................................................................................................................................... 8
1.
INTRODUCTION ................................................................................................................................................... 15
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2.
3.
2.
3.
4.
5.
6.
7.
8.
9.
2.
3.
4.
5.
6.
7.
8.
9.
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2.
3.
4.
5.
6.
7.
8.
9.
COMMERCIAL PROPOSAL FORMATS FOR ERP SOLUTION AND IMPLEMENTATION ................................................. 149
1.
2.
3.
4.
5.
6.
7.
FORMAT FOR BANK GUARANTEE (PBG) TOWARDS PERFORMANCE SECURITY ............................................... 159
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1. INTRODUCTION
1.1.
INTRODUCTION TO KMRL
Kochi Metro Rail Limited (KMRL) is a special purpose vehicle set up by the
Government of India and Government of Kerala with equal equity shares for
implementation of the Kochi Metro Rail Project. KMRL is a company registered
under the Companies Act. The Kochi Metro covers a rout length of 25.6 KM from
Aluva to Petta in the first phase. The project is progressing well and is expected to
be completed in the scheduled time.
1.2.
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1.3.
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knowledge under the CoE (center of Excellence) so that KMRL will be able to
manage the incremental improvements and future expansions of the ERP
solution, on its own.
1.5.
PHASED IMPLEMENTATION
1. KMRL will procure the ERP solution which would best meet its requirements
and implement that in two phases.
2. Phase I of the implementation of the ERP will cover the following functions
a. Finance and accounts
b. Asset management
c. Human Resources, Payroll management and administration
d. Procurement and contracting Management including e-procurement
e. Materials management
f. Business analytics
g. Integration module to integrate other applications
3. Phase II of the implementation will cover the following functions
a. Real estate management
b. Project management
c. Metro operations management
d. Maintenance management
e. Asset Maintenance
f. Government file management
1.6.
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4. The SI will propose an ERP solution along with technical and commercial
proposals for the ERP solution, from reputed OEMs and submit the technical
and commercial bids to implement the proposed ERP solution at KMRL.
5. Each bidder can propose only one ERP solution and propose the
implementation services for that particular ERP solution only
6. KMRL will have the option to negotiate and procure the ERP solution proposed
by the SI, directly from the OEM of the ERP solution.
7. The implementation services for the proposed ERP solution will be contracted
with the successful bidder as per the RFP.
8. The implementation services procured through this bidding process will be
applicable only for the first phase of the ERP implementation
9. The procurement of SI for the second phase of the ERP implementation will be
done separately, through another bidding process, after stabilizing the ERP
solution implemented in the first phase.
1.7.
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4. For the purpose of enabling the bidders to use some of the response formats,
KMRL is circulating the soft copies of the RFP documents. These softcopies
contain both editable version and non-editable versions. In case of any
conflicts or disputes between the content of the RFP documents, the noneditable version of the RFP documents circulated by KMRL and kept as a copy
with the KMRL will be treated as the authentic version.
5. A draft contract with general terms and conditions to be signed with the
successful bidder is provided in Annexure. This may undergo minor changes at
the time of execution
1.8.
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Section 1
Technical Specifications for the Project
2.
2.1.
The scope and characteristics of the ERP solution to be proposed by the bidders to meet
the requirements of KMRL will cover the flowing aspects.
1. Process coverage or the functional units of KMRL
2. User base of the KMRL
3. Solution Capabilities and features
4. Process capabilities for public sector organizations and metro rail corporations,
as established by References
5. The solution Integration
6. Future expansion and future proofing
7. Strategic control over technology, usage, deployment and support services
2.2.
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2.4.
2.5.
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Functions/divisions of KMRL
10
Directorate of Projects
10
14
Directorate of Systems
10
12
Total
34
32
*These are the users who would carry out activities like applying leaves,
checking/updating their own profiles, salary etc the activities related
themselves.
3. The total number of employees for the purpose of payroll will be less than 100
Numbers initially.
4. The number of ERP users who are expected to use the business analytics would
be 10 Numbers.
2.6.
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project management
2.7.
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quality enhancement
b. Deployment of templates and standard accepting mechanisms for the
project deliverables
c. Use of native tool like solution manager for managing project repository,
and project activities
4. Feedback, monitoring and adoption
a. KMRL may use the services independent third party expertise to assess,
review and quality control of the project artifacts and deliverables
b. The SI will institutionalize mechanisms to adopt the feedback and ensure
quality of work, without affecting the project timelines
c. The SI will put together a structure and mechanism for ensuring that all the
key functional areas, users of each of the enterprises are consulted,
feedback adopted and key differences identified, so as to facilitate
standardization as well as user adoption.
5. Training and documentation
a. Training all the users
b. Preparation of user manuals and training manuals
c. Documentation of processes
d. Training the key executives for monitoring the performance and using the
reports effectively
e. Training of KMRL core team on selected ERP solution developmental
aspects
6. Support services
a. Facilitating user adoption
b. Continuous improvement and refinement of the processes, reports
c. Operations of help desk and refresher training.
d. Institutionalizing structures and processes for management of SLA,
strategic control
7. Technical services
a. Sizing the hardware based on the configuration and usage requirements &
suggesting the same in the technical proposal.
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b. Provide support to KMRL to install and commission the hardware and the
ERP at the data center
2.8.
2.9.
CENTRE OF EXCELLENCE
Establishment of centre of excellence (CoE) for ERP with the following
1. Processes and structures for continuous improvement
2. Processes and structures for solution roll out
3. Skills and expertise to maintain support and continuously improve the ERP
solution
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3.
3.1.
3.2.
AUDIT FUNCTION
3.3.
Organization Structure
General Ledger
Accounts Receivable
Accounts Payable
Payments and Reconciliation
Costing
Cash Management
Bank transactions including reconciliation
Budgeting and variance analysis
Assets accounting, physical verification and control
Taxation, duties and levies
Banking
Fund Management
Tracking of funds Utilization
Preparation of utilization Reports
MIS Trial Balance
Insurance for materials and assets at various locations
Cost Centre Accounting
Profit Centre Accounting
Internal Order cost controlling
Project costing
MIS reports
External Consultancy
Audit Trail
Audit of transactions
Pre audit
Statutory audits
1. Procurement
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Indenting
Sourcing
Tendering
Placement of Order (P.O.)
Post Order Placement Activities
Goods receipt
Procure to Pay - Purchase requisition, Purchase order, Receipt, Invoice entry,
Vendor Payment
Inspection
Consignment Management
Procurement of services
Contract Management
Scrap sale
2. Vendor management
Vendor registration
Empanelment of vendors
Service tax registration
Income tax registration PAN,TAN,TIN etc
PF registration
3. Materials management
Material Master
Material accounting
Inventory Management
Material storage
Material issue
MIS reports
4. Asset Management
Asset maintenance
Asset diversion, tagging
Replacement, scrapping and decommissioning
Physical verification and reconciliation
Impairment and sale or disposal of assets.
Business Analytics
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Subcontracting
PROJECT MANAGEMENT
3.5.
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3.6.
BUSINESS ANALYTICS
3.7.
3.8.
Define integration scope between the ERP solution and other application
Set-up data movement
Validation of data movement between source and target system
E-PROCUREMENT
4.
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5.1.
The identification of interfaces, needs for integration and the scheme for
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integration
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5. Testing & Acceptance: The SI shall provide standard functionality test suites for
testing the modules. For software the SI shall prepare the test plan and shall get it
approved by KMRL. Test Data for different scenario (Test Cases) will be prepared in
consultation with the users concerned for testing the modules. The precommissioning tests shall be carried out to assess the following but not limited to:
a. Conformance to the functional requirements,
b. Performance of the system with reference to response time and accuracy,
c. User friendliness.
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Testing of the entire new system, as part of system integration testing. And
testing of the data conversion and migration to the new system, as part of
system integration testing. Integration testing shall be carried out to ensure
cross function modules are integrated and transaction data is flowing across
the modules accurately.
8. Validation: Since the e-procurement system is the one of the most sensitive of the
ERP solution component being implemented, the SI is required to get the
processes, and the configuration validated by a legal expert for compliance to IT
act, evidence act, CVC guidelines, contract act or any such act or guidelines which
impact public procurement.
9. Data Migration: Migration of data in the new system is responsibility of SI. KMRL
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along with SI will jointly decide on what data will be migrated and KMRL will take
the responsibility of collecting and making the data available in digitized form as
per the format suggested by the SI. A detailed plan for data migration is expected
from system implementer during the initial stages of the project, which will include
data to be migrated, templates for upload of data and data
collection/digitization/migration timelines.
Some of the key activities of data migration will be
Populate and migrate all the legacy/ raw/new data element to the ERP
system
Integration testing of the configured system using the populated master and
transaction data
All open transactions and all transactions from the start of financial year of
Usage Ready.
Transactional data for all live projects. The live project data to be populated
based on the agreed TO-BE process requirement.
All the related Master Data and associated drawings, test results etc. as
applicable
11. Most of the data migration will be from the existing systems for financial
management and if required from the system for HR & administration. However
wherever the data has to be captured from physical sources, that activity will be
carried out and the actual work of data entry will be executed by KMRL.
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12. End-User Training - The purpose of end user training is to ensure that all end users
are adequately prepared and able to perform their job functions at usage ready.
Training content will depend on the function performed by the end-user; therefore
several user profiles will be established.
13. Cut Over Strategy: The SI has to evolve & detail a comprehensive cut over strategy
including initial data take on, sequence of data take on, set up of support helpdesk,
helpdesk procedure to minimize business impact of cut over activities.
14. The SI is required to undertake the following to review readiness for Usage
Ready of the ERP system:
a. Facilitate in setting up central help desk for any queries
b. Review the health, usage and performance of the system till it stabilizes
c. Ensuring resolution / Documentation of all issues raised during
implementation
d. Final configuration/ integration, volume and stress testing
e. Switch over to production environment.
15. Declaration of usage ready the system will be declared Usage Ready when
the following tasks/activities are accomplished satisfactorily
a. Acceptance testing
b. Hardware commissioning
c. Data migration
d. Training
e. User creation / role identification
f. Help desk
16. Acceptance of Complete deployment: The ERP system is accepted as complete
Deployment only after successfully generating at least one balance sheet for the
complete operations, for one financial quarter or successfully using the system for
three months after usage ready, whichever is longer.
17. User Adoption Support: The System Integrator shall provide User adoption support
between the period of usage ready and declaration of complete deployment,
by deputing technical and functional consultants at the client site. During this
period the SI will address the following.
a. Hand holding the users to carry out their activities using the ERP system
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1. After launching of the ERP solution or making it complete deployment, the SI will
provide three months of system stabilization services.
2. During this phase, the SI will take up the following
a. Tasks related to bug fixing (if any) in customization made in the system
b. Maintaining back-ups of the implemented system
c. Coordinating with ERP Solution OEM for any base ERP solution related
issues.
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1. Usage Ready means commissioning and integration of all the hardware including
Data Center, Disaster Recovery Center-if applicable, and all the components of the
ERP solution as per the RFP, configured, customized and used successfully by all
the intended users of KMRL for successfully executing all the intended transactions
as in this RFP and as per the SLAs and / or mutually agreeable levels. The Usage
Ready shall come into effect only on approval by KMRL.
2. Declaration of Complete Deployment
a. The Project Managers from the KMRL and SI will jointly initiate the notice
for declaring Complete Deployment after satisfactory completion of all of
the following:
b. All the activities as listed in this RFP
c. After scrutinizing all the inspection reports, audit findings, Contracts,
licensing agreements etc.
d. Satisfactory completion of closing of accounts and generation of complete
balance sheet for one financial quarter, with the ERP solution and approved
by the head of finance and accounts of KMRL
3. The Complete Deployment notice is submitted to the Steering Committee of
KMRL for action.
4. Within fifteen days of receiving the notice the Steering Committee will decide on
the actions to be taken on Complete Deployment.
5. The Complete Deployment event comes into effect only when the Steering
Committee approves the notice for Complete Deployment.
6. In the event that Steering Committee does not approve or suggest further action,
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the notices are reinitiated only after the recommended actions have been
satisfactorily completed.
7. The implementation services for the ERP solution are treated as completed and the
support and maintenance services or the post implementation services starts when
the following are completed
a. Completion of the of user adoption services after the usage ready of the
ERP system
b. Completion and declaration of complete deployment by the steering
committee
c. Completion of the three months of system stabilization support after
complete deployment of the system
5.6.
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5.7.
TECHNICAL SUPPORT
1. The technical support for the ERP solution is meant to ensure OEM support
Ensuring ERP Solution OEM services for system performance, performance tuning,
upgrades etc.
2. Formulation of all policies and procedures related to Basis technology, System
Administration, Data Base Management, applications, archives, network
management & security, back up etc.
3. Prepare requisite system landscape and procedures for smoothly implementing
the ERP. This shall also take into consideration the phased pilots and rollouts.
4. The SI shall assist the KMRL team to perform all authorization-related activities
(activity group, authorizations, profiles, etc.) till the ERP system stabilizes.
5. Assist KMRL to manage the legacy data interfaces, print spools, batch Jobs, printer
configuration etc.
6. Prepare a detailed System administration manual, Data administration manual,
operational manual, User manual which shall be used by KMRL employees to run
ERP enabled production environment. This shall also include how the various
parameters shall be monitored/ tuned in a live system.
7. Finalize the archival policies for all the functional areas. All necessary
configurations shall be done and tested.
8. Prepare requisite system configuration for disaster recovery management and Fail
Over system plan.
9. Round the clock support for trouble shooting in functional and technical area
5.8.
1. Before the completion of the mandatory support and maintenance period for the
ERP solution, the SI will help to create a Center of Excellence for operations
management of the ERP solution at KMRL, both for technical support and
maintenance of the ERP solution
2. The bidder will hand hold KMRL in institutionalizing the CoE.
3. As a part of setting up the CoE, the SI will help KMRL in
a. Creating the right structure for the CoE, including planning for the resources
required for running it
b. Capacity building for the CoE, by training the people on the ERP solution
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j.
Change to ERP standard forms to incorporate standard texts and KMRL logo
and formatted to address the KMRL formats.
k. Conversion Programs developed for migrating Master Data and Open Data
for usage ready from existing applications.
4. Plan for customization/development The SI should plan for following
developments as a part of the normal effort for implementing the ERP Solution.
a. Digital signature integration
b. Integration for different types of online payments
c. Integration of the biometric attendance system
d. Banking transaction integration
e. Input and outputs to the ERP system from pdf reports
f. Documents outputs in pdf formats
g. All the reports required by KMRL
h. The outputs/prints required for external interactions
5. Documentation: The SI shall ensure preparation of complete documentation of all
configuration settings, customized applications, other activities, steps / stages
involved in the implementation including the source code for the customized
product developed for KMRL. The SI shall prepare the business process document,
end-user manual and training document.
6. Solution Documentation - The System Integrator will provide detailed final system
documentation for reference of KMRL. System Integrator shall prepare the final
user manual incorporating all details of all menus and functionality provided by the
system.
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7. Use of the native Project management tool - The SI will use the native project
management tool to record the entire activities of the project including but not
limited to
a. The business design documents with version control review comments
b. The minutes of the meeting
c. System documentation
d. Issue lists, resolutions
e. Training materials
5.10. THE IMPLEMENTATION METHODOLOGY
1. The methodology to be deployed by the SI to implement the ERP solution will have
different work elements and activities. All these activities and the work elements
should coherently focus on achieving the following key results
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migration etc.
f. Training the different stake holders, on a continuous basis
5.11. PROJECT DELIVERABLES
1. It is expected that the project will move from one phase to the next only when the
deliverables of that phase are accepted. Some of the key deliverables which will
signal the successful completion of each of the phases shall be as in the following
table. SI is encouraged to propose any additional deliverable/s for the sake of
comprehensiveness, based on their experience of delivering similar projects, which
can enhance the quality of work.
Major activity/Mile stone
Project Preparation
Business Design
Configuration,
customization
Training
Integration Testing
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DELIVERABLE
Data Migration
2. The SI is required to provide the details of the corresponding deliverables for each
of the mile stones as well as the delivery of priced items at these mile stones. This
mile stone to deliverables & supply listing will be the basis for payments for the
corresponding priced items.
3. Deliverables acceptance criteria
a. The acceptance criteria for each phase is the submission and acceptance of
all deliverables specified for that phase. The formal acceptance by KMRL of
the phase deliverables constitutes completion of the phase and approval to
launch the next phase and invoice KMRL for payment if there is a payment
attached to that milestone.
b. Acceptance criteria for each deliverable will be established in accordance
with the process described in the following paragraphs prior to the
beginning of each phase.
c. SI should provide templates of proposed deliverables. At the onset of each
phase, SI will meet with KMRL Project Manager to review the applicable
templates, tailored to accommodate the needs of the project, and agree on
the scope, format, and content of each of the major deliverables for that
phase. The agreements made during this meeting will be captured in a
Deliverable Review Document (DRD) for each deliverable.
d. KMRL team will give a go ahead to move from one project milestone to the
other project milestone only after the deliverables of a particular project
milestone are accepted by the concerned authority. Hence, the protocol for
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packages, activities, and tasks preferably from the standard ERP solution
implementation Roadmap.
2. Issue Management: An issue is a formally identified matter that may hinder
progress on a project or program and about which no agreement has yet been
reached. Often it can be difficult to determine which questions should be
documented as issues and which can be resolved directly without impeding the
project flow. Those items that require documentation, formal investigation and
approval should be managed as issues and this Issue management methodology
has to be proposed by the SI.
3. Scope Management: Scope of the project will be managed through a formal scope
change management process. Project management is essential to ensure that
changes to the scope of the program do not adversely affect the program
objectives. Change management documentation of project scope and approval
procedures provide a visible decision-making process for the project and provide a
clear audit trail of scope changes and the corresponding cost benefit appraisal and
has to be proposed by the SI in the Project Management Methodology.
4. Project structure: SI is required to propose a Project structure based on their own
experience of successfully implementing similar solution
5. Project Steering Committee: The steering committee would form the apex body on
various issues relating to finalization of Functional Policies and Procedures,
Requirements Definition and other policy issues. The committee will comprise of
the senior executives of KMRL. The steering committee will carry out the following
activities:
a. Mobilize the resources necessary for Project Execution
b. Standardization of processes and procedures across the company
c. Only authority to approve deviations in Scope, Project Time Lines and
Budgets
d. Meets monthly to review project progress & resolve issues, if any
6. Project Manager: The Project Manager assumes overall responsibility for
assignment and ensures that all resources required are made available and
engagement is carried out according to agreed plans. He shall function as
primary channel of communication for all KMRL requirements to
implementation team.
the
the
the
the
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Section 2
Guidelines for proposal preparation and bidding terms
4.
4.1.
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4. Government Regulation
a. The company or the bidder should not have been barred or black listed by
the Central Government, Government of Kerala, the subordinate
organisations or public sector undertakings of government of Kerala, a
statutory authority or the public sector undertakings of the central
government, as the case may be, from participating in any project, and the
bar subsists as on the date of the Proposal, would not be eligible to submit a
Proposal either by itself or through its Associate
b. The bidder or its Associate should have, during the last three years, neither
failed to perform on any agreement, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Applicant or its Associate, nor been expelled from any
project or agreement nor have had any agreement terminated for breach by
such bidder or its Associate.
c. The company should have a Valid PAN number
d. The company should have a Valid Service tax number
5. Criteria related to financial viability.
a. The annual sales for each of the last three financial years (2011-12,2012-13,
2013-14) should be at least Rs.100 crores from IT services business
6. Criteria related to experience in providing services related to the ERP
Implementation and support.
a. The SI must have successfully implemented or provided support services for
the proposed ERP solution at two different customers in India with each of
the customer having at least 100 users for the proposed ERP solution
b. The SI must have successfully implemented the proposed ERP solution or
provided ERP support services, for a Public Sector Company/Government
Organization/government Department in India having at least 100 users for
the proposed ERP solution, other than the services covered under clause 6(a)
above.
7. Criteria related to availability of consultants in adequate capacity
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a. The SI must have a team of at least 100 ERP consultants of the proposed ERP
Solution, on its rolls having experience in implementing all the major
modules/solution components of the proposed ERP Solution collectively.
8. The SI should have an active partnership agreement with the OEM of the
proposed ERP solution to provide implementation services to implement the
ERP solution in India.
9. The SI should have a minimum SEI-CMMi Level 5 certification as on 31.3.2014
4.2.
1. The bidder must fully understand the scope of the ERP solution and services for
implementation as outlined in the RFP. The bidders are expected to examine,
understand and comply with all the instructions, formats, terms & conditions,
solution and services requirements and other information in the RFP documents
before submitting the bids. Failure to furnish all the information required by the
RFP or submission of a proposal not substantially responsive to the RFP in every
respect will be at the bidder's risk and may result in rejection of the proposal of the
bidder.
2. The bidder is required to provide in the Technical Proposal details of how it
proposes the ERP solution as to provide the implementation services to address all
the requirements of KMRL as listed in this RFP.
3. The bidder is expected to understand the complexity of the requirements for an
ERP solution and implementation of the proposed ERP solution at KMRL, the
complete solution and services footprint, the processes and functions of KMRL
while preparing the Technical Proposal.
4. The bidder is expected to bid for the project with a complete understanding that, all
services and deliverables listed in this RFP need to be fulfilled while executing the
project.
5. While the bidder has the freedom in making any assumptions about the processes
and functions of KMRL while interpreting the details given in this RFP, such
assumptions cannot be the basis for any bargaining or different interpretation of
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the solution capabilities of the proposed ERP solution or the processes of KMRL,
during the execution of the project
6. The bidder is expected to bid for the project with a complete understanding that, all
the processes and functions given in the RFP need to be implemented using the
solution components of ERP, and deliver the services, solutions given in the RFP, at
a fixed price, without any provisions for bargaining or for a different interpretation
of the specifications in the RFP and a change in scope, while executing the project.
7. KMRL retains the right of the final say in interpreting the requirements of the ERP
solution capabilities, the processes & operations of KMRL, and the scope of the
Project in terms of the services and deliverables KMRL expects from the SI, as listed
in this RFP.
8. Since a process can be described in different manners, the bidder should clearly
understand that any possible variations to the processes during the Business Design
phase from the way they are specified in the RFP should not be considered as
deviations or extensions to the original process specifications
9. The technical proposals must be complete in all respect and should cover the
entire scope of ERP solution and the project as stipulated in the tender
document.
4.3.
1. The following check lists are provided in the annexure to be filled up and submitted
with the technical proposals
a. Check list for general formats/response
b. Check list for eligibility requirements and the proposal
c. Check list for technical proposal for ERP solution
d. Check list for technical proposal for ERP implementation
2. Each of these check list should be included as the top sheet of the sections on the
respective proposals
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3. The bidders are also requested to indicate in the check list, against the specific
parameters of the eligibility requirements, whether the response qualifies/meets
the requirements as per the bidders own assessment
4. The bidders are requested to indicate in the check list for the technical proposals,
the scores against the respective parameters, as per the bidders own assessment.
4.4.
5. If the bidder intends to use any third party tools or methodology or any proprietary
tools, during the Project, for the purpose of the project, the bidder is required to
confirm that there are no infringements of any Patent or intellectual and industrial
property rights or copy rights as per the applicable laws of relevant jurisdictions.
The bidder is requested to use the Form in the Annexure for providing patent right
confirmation.
6. The OEM of the proposed ERP solution to declare that they are the rightful owners
(copyright, patent rights or Intellectual property right, as the case may be) of the
solution and have the rights/authority to license the solution to KMRL
4.5.
1. The bidder is expected to respond using the specified formats for the response,
wherever applicable. Failure to use the specified formats may result in
disqualification of the proposal.
2. The Technical Proposals must be direct, concise, and complete. Any information not
directly relevant to this RFP should not be included in the proposal. KMRL will
evaluate bidders proposal based upon its clarity and the directness of its response
to the requirements of the project as outlined in this RFP. To assist in the
preparation of proposal, KMRL is making available an electronic version of this RFP.
3. KMRL is also open to any suggestions that the bidder may want to render with
respect to the ERP solution capabilities to be deployed, implementation of the
proposed ERP solution at KMRL, its coverage, and the best practices to be adopted
in the light of their expertise or experience from similar assignments.
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4. Wherever the customer name is asked for, for experience or deliverables, the
bidder is required to provide the name. Not providing the name of the customer
will be treated as incomplete information and will affect the evaluation process.
5. The bidder shall number all the pages of the Technical proposal including the
annexure and other attachments
6. The technical proposal must not contain any price information.
4.6.
1. The technical proposal or the technical bid should address the following points. The
bidder is requested to use the formats provided in the subsequent sections,
wherever applicable
2. Methodology and approach for implementation of the solution in terms of process
design, solution configuration, deliverables, formats for deliverables, the project
standards, the acceptance criteria for the deliverables, , data migration, testing,
user adoption, cut over etc.
3. Project Plan, structure and team the project timelines, resource loading, and
expertise deployed for the project, the mechanisms for review, feedback, risk
mitigation etc.
4. Support and maintenance the approach, methodology, plan, resource loading etc.
4.7.
1. The bill of materials: The Technical proposal for ERP Solution should contain details
of the solution components proposed along with how each of the solution
components would meet the requirements of KMRL. The technical proposal should
address the following:a. Functional coverage of the solution proposed
b. The complete landscape of the solution with modules, integration points etc.
c. How the different processes of KMRL are integrated with the solution
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d. The bill of material of the ERP solution with a list of all the modules, tools
independently priced items along with metrics for licensing (pricing) and total
quantity proposed
e. The rationale for the different solution components and the licensing metrics
f. The rationale for the sizing of the different modules of the ERP
g. How the solution components are sized and their relationship to licensing
metrics
h. The details of third party solutions if any, their description and purpose,
licensing metrics and sizing considerations
i.
The bidders while proposing the ERP solution with detailed bill of materials, as
per the format provided for the Technical proposal, are also required to provide
definitive commitment on how each section of the processes described in the
RFP are addressed by which module/components of the bill of material
2. The solution fitment: The bidders are requested to use the following guideline for
indicating the capability of the ERP solution proposed, against each of the features
listed in the FRS as per Annexure. Response to the each of the line item in the
functional requirements specifications need to be as per the guideline listed in the
table.
Compliance
Guidelines
Response
Standard
Work Around
Customization
Third Party
Not Possible
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a. If and only if the ERP solution proposed by the bidder is capable to support the
specific functionality or the feature is a standard feature in the ERP solution, the
bidder is required to mark Standard against the functionality/specification
b. If the specific functionality or feature could be realized by the ERP solution
proposed by the bidder by modifying the process, i.e. the basic purpose of the
process or feature could be achieved by modifying a standard feature, but
without any customization or development, the bidder is required to mark
work around against the functionality/specification
c. If the ERP solution proposed by the bidder can be customized or modified to
support the specific functionality or the feature the bidder is required to mark
customization against the functionality/specification
d. If the ERP solution proposed by the bidder is not capable to support the specific
functionality or the feature is not available in the ERP solution, the bidder is
required
to
mark
not
available,
not
supported
against
the
functionality/specification
e. The bidder is required to use the functional requirement specification in
Annexure with the RFP for providing the response on the solution fitment.
3. The licensing conditions: The bidders are requested to furnish the details of the
licensing terms, the definitions and the licensing metrics for all the
elements/modules proposed in the bill of materials. The bidders are requested to
provide a copy of the draft licensing agreement to highlight these.
4. References: The bidders are requested to provide the references of the deployment
of the proposed ERP solution for the following types of organisations/businesses by
using the formats provided in the Annexure. The references should be for
deployment which are less than five years old, and are currently active.
a. Deployment of the proposed ERP solution in Metro rail organizations in India
b. Deployment of the ERP solution in Railway organizations
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i.
j.
ERP Application should provide performance statistics for the CPU/ Memory,
database, Application servers
The ERP Application should include tools/ mechanism for System, Database and
performance measurement activities
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along with the proposed ERP solution, at two public sector enterprises or
organisations
4.8.
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The bidder is required to furnish the following details in the Technical Proposal on the
application support services in terms of
1. The list of services to be delivered during the maintenance period
2. The mechanisms to source and monitor the services
3. The escalation mechanisms and the structure for resolution of issues
4. The team structure and resource loading to deliver the services, etc.
5. The resource loading for on-site and remote services
6. The mechanisms and tools to monitor the SLAs
7. The mechanism for corrective actions
8. Minor developments as continuous improvements to facilitate KMRL to get
maximum benefits out of the system
9. Mechanisms to institutionalise the centre excellence (CoE) for ERP support at KMRL
4.10. SUGGESTIONS ON THE DRAFT CONTRACT
1. A draft contract including the standard terms and all the other terms specific to the
implementation of the ERP at KMRL is included in annexure of this RFP. It is
expected that the bidder will be able to execute this contract without any
modifications, in case they are selected for doing so.
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2. However the bidder is requested to indicate as per format Annexure, the changes
the bidder desires to have and the reason for that. This is only a solicitation of
suggestions for change and this must be done as part of clarifications / suggestions
not later.
3. However, it is neither guaranteed that these requests for changes will be accepted
in the final contract nor this process should be construed as any commitment from
KMRL to consider those suggestions.
4. The bidder should not suggest any change to the contract that has financial or
commercial implications during the execution of the contract and is against the
basic spirit of procuring the services for implementation of the ERP Solution.
5. The bidder is also requested not to base the commercial proposal on the
assumptions that the suggestions for changes to the draft contract will be accepted
by KMRL.
4.11. GUIDELINES FOR COMMERCIAL PROPOSAL
1. The commercial proposals for the proposed ERP solution and the commercial
proposal for implementation services will be in two separate forms
2. The commercial proposal for the implementation services will be signed by the
authorised signatory of the SI
3. The commercial proposal for the proposed ERP solution to be signed by the
authorised signatory of the ERP solution OEM
4. The two commercial proposals will be submitted in two separate covers
5. Both the proposals for the ERP solution and the implementation services are
expected to cost for the complete requirements of KMRL as per this RFP.
6. Prices shall be quoted entirely in Indian Rupees.
7. No clauses for price fluctuations due to fluctuation of the Indian currency against
any of foreign currency will be accepted during the period of the contract.
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8. It should be separately and clearly indicated how the local taxes will be applied for
selling these services by a registered entity in India to KMRL which is headquartered
at Ernakulam in the state of Kerala.
3. The bidder is required to provide the price under three separate headings, as given
in the format for commercial proposal
a. Price for Implementation including configuration and development, data
migration etc. as per the RFP, till usage ready and completion of three
months of user adoption services after complete deployment.
b. Price for One year support after user adoption services.
c. Price for second and third year of support
d. Cost of manpower for costing change requests
e. Cost of Man month rates for skill augmentation
4. The following elements will be used as optional elements will be used for
calculating the total value of the commercial bids. However these are not used for
contracting, and will be used as discovered price for managing the contract.
a. Price for second and third year of support will be applicable only if
KMRL extends the period of support and maintenance, beyond the first
year.
b. Cost of manpower for costing change requests will be used for
estimating the cost of change requests, which may arise during
implementation
c. Cost of Man month rates for skill augmentation will be applicable for
the resources deployed as members of the internal team members, as
an when KMRL requests for them. The cost of skill augmentation service
will be for the cost of the person to work at KMRL office inclusive of all
costs of working at the KMRL premise, including employee reimbursable
expenses, if any.
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11. KMRL reserves the right to ask the bidder to submit proof of payment against any
of the taxes, duties, levies indicated. Prices quoted in the bid must be firm and final
and shall not be subject to any change.
12. The Commercial bid should clearly indicate the price to be charged without
any qualifications whatsoever and should include all taxes, duties, fees, levies,
works contract tax and other charges as may be applicable in relation to the
activities proposed to be carried out. It is mandatory that such charges wherever
applicable/payable should be indicated separately as Breakdown of Cost
Components.
13. Prices in any form or by any reason before opening the Commercial Bid should
not be revealed, failing which the offer shall be liable to be rejected. If price
change is envisaged due to any clarification, revised Bid in a separate sealed
cover shall be submitted with prior written permission of the KMRL.
4.15. PAYMENT TERMS FOR IMPLEMENTATION SERVICES
1. The cost of implementation services, including the cost of support for the ERP
Solution, the training, data migration cost etc. will be paid based on the completion
of the key milestones of the project and acceptance of the deliverables associated
with the milestones, by KMRL.
2. The implementation service also includes three months of adoption support after
Complete deployment declaration.
3. At the completion of Project Preparation phase, 15% of the cost of implementation
services will be paid.
4. 35% of the cost of implementation services will be paid after the completion of the
Blueprint phase
5. 25% of the cost of implementation services will be paid at the successful
completion of the Realization phase
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6. 25% of the cost of implementation services will be paid after one annual quarter of
successful operation and successful completion of three months of user adoption
services
7. The charges for the support services will be payable at half yearly periods
4.16. PERIOD OF VALIDITY OF BIDS
1. For the purpose of entering into a definitive contract for the PROJECT services for
KMRL, as proposed by the bidder, the proposals shall be valid for a period of 6 (Six)
months (one hundred and eighty days) from the last date for submission of the
proposals. A proposal valid for a shorter period may be rejected as non-responsive.
2. On completion of the validity period, unless the bidder withdraws its proposal in
writing, it will be deemed to be valid until such time that the bidder formally (in
writing) withdraws his proposal.
3. In exceptional circumstances, at its discretion, KMRL may solicit the bidder's
consent for an extension of the validity period. The request and the responses
thereto shall be made in writing by email.
4. On signing of the contract, the prices quoted in the commercial proposal for
different solution components will be valid for the period of the contract, executed
between the successful bidder and KMRL.
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5.
5.1.
1. All Requests for Clarifications (RFC) on the bidding terms or the specifications or
any statement in this RFP document should be sent in the format provided in this
RFP document.
2. Only those queries sent by the designated contact person of the bidder, as
indicated while acknowledging the receipt of the RFP documents, will be
entertained. Queries sent by anybody else from the bidder organization or its
associates will be not be entertained.
3. All RFCs should be sent by email from email id of the designated contact person of
the bidder from his/her official email id to the email id of KMRL on or before date /
time specified in the RFP. Telephone calls or in person interviews/discussions will
not be accepted/entertained. KMRL will not take the responsibility to acknowledge
the receipt of the queries by email. In no event will KMRL be responsible for
ensuring that bidders inquiries have been received by KMRL.
4. KMRL will share the answers for the queries from each of the bidders, with all the
bidders at the Pre-bid meeting and subsequently through an email communication
to all designated representatives of the bidders.
5. KMRL will attempt to provide reasonable response/answers to all queries
submitted by the potential bidders. However, KMRL makes no representation or
warranty as to the completeness of any response, nor does KMRL undertake to
answer all queries that have been posed by the bidders.
6. KMRL will not be responsible for any queries which any of the bidders claim to have
sent and which did not reach the designated email ids of KMRL.
7. Any queries/clarifications related to the RFP should be sent to the email id listed in
the RFP with the text *The PROJECT - RFC+ may be included in the subject line.
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5.2.
PRE-BID CONFERENCE
1. Pre bid of the bidders shall be convened at the designated date, time and place.
Only those bidders who have downloaded the RFP document from the Official
Website of KMRL, shall be allowed to participate in the Pre bid Conference.
2. A maximum of three representatives of each bidder shall be allowed to participate
on production of an authority letter from the bidder.
3. The purpose of the conference is to provide bidders with information regarding the
RFP and the requirements of KMRL, and to provide each bidder an opportunity to
seek clarifications regarding any aspect of the RFP.
4. During the course of Pre-bid Conference, the bidder will be free to seek
clarifications and make suggestions for consideration of KMRL. KMRL shall
endeavour to provide clarifications and such further information as it may, in its
sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Selection Process.
5. In case of any change in the actual date, time and venue of the Pre-Bid conference
from what is indicated in this RFP, the same will be published on the website of
KMRL.
6. Representatives of the qualified bidders organization may attend the pre-bid
conference at their own cost.
7. The tentative venue for the Pre-bid conference is listed in the RFP
5.3.
1. The following procedure should be followed for bid preparation and submission.
Envelope 1 :
EMD
and
Technical
Proposal
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formats - one set of printed hard copy format and one set of a
non-rewritable CD format. The words Technical Proposal ERP
KMRL shall be written in indelible ink on the CD. The Hard Copy
or
the
printed
copy
shall
have
originals
of
the
Commercial
Proposal
prescribed.
The Commercial Proposal shall be submitted in the form of a
printed Hard Copy, in two separate covers
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Envelope 3
All the above envelopes along with the proposal letter should be
put in an envelope which shall be properly sealed. The outside of
the envelope must clearly indicate the name of the project
Request for Proposal for ERP KMRL.+ and addressed to The
Purchaser at the address specified. The package should have the
bidders name and address and the names of primary and
secondary contact persons.
Address
pre-qualification of the
bid, the
2. It is expected that the contents in the printed version and the contents in the CD
are same. In the event of any discrepancy between the printed version and the
contents in the CD, , the printed version shall prevail
3. Signature: The covering letter must be signed with the bidders name and by a
representative of the bidder, who is authorized to commit the bidder to contractual
obligations and has the power of attorney on behalf of the bidder. All obligations
committed by such signatories are liable to be fulfilled and enforceable through
contracts.
4. The Submissions, including complete RFP documents, Proposals etc. in original and
its copy, shall be typed or written in indelible ink and signed by the authorised
signatory of the Applicant who shall initial each page, in blue ink. In case of printed
and published Documents, only the cover shall be initialled. All the alterations,
omissions, additions, or any other amendments made to the Proposal shall be
initialled by the person(s) signing the Proposal. The Proposals must be properly
signed by the authorised representative (the Authorised Representative) as
detailed below:
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c. KMRL is not restricted in its rights to use or disclose any or all of the information
contained in the proposal, and can do so without compensation to the bidder.
KMRL shall not be bound by any language in the proposal indicating the
confidentiality of the proposal or any other restriction on its use or disclosure.
d. KMRL has the right to use the services of external experts to evaluate the
proposal by the bidders and share the content of the proposal either partially or
completely with the experts for evaluation
2. Right to Terminate the Process
a. KMRL reserves the right to accept or reject any proposal, and to annul the
bidding process and reject all proposals at any time prior to award of contract,
without thereby incurring any liability to the affected bidder or bidders or any
obligation to inform the affected bidder or bidders of the grounds for actions
taken by KMRL.
b. KMRL may terminate the bidding process at any time and without assigning any
reason. KMRL makes no commitments, express or implied, that this process will
result in a business transaction with anyone.
c. This RFP does not constitute an offer by KMRL. The bidders participation in this
process may result in KMRL selecting the bidder to engage in further discussions
and negotiations toward execution of a contract. The commencement of such
negotiations does not, however, signify a commitment by KMRL to execute a
contract or to continue negotiations. KMRL may terminate negotiations at any
time without assigning any reason.
3. Amendment of Request for Proposal - At any time prior to the deadline for
submission of proposals, KMRL, for any reason, whether at its own initiative or in
response to clarifications requested by any of the potential bidders may modify the
RFP by the issuance of Addendum/ Amendment and posting it on the Official
Website by amendment notified in writing or by facsimile or email to all bidders
who have received this RFP and such amendment shall be binding on them.
4. Supplemental Information to the Request for Proposals - If KMRL deems it
appropriate to revise any part of this RFP or to issue additional data to clarify an
interpretation of provisions of this RFP, it may issue supplements to this RFP. Any
such supplement shall be deemed to be incorporated by this reference into this
RFP.
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5. The cost of the proposal and bidding process - The bidder is responsible for all costs
incurred in connection with participation in the bidding process, including, but not
limited to, costs incurred in participation in meetings/discussions/presentations,
preparation of proposal, in providing any additional information required by KMRL
to facilitate the evaluation process, and in finalizing a Service Agreement or a
contract or all such activities related to the bid process.
6. Number of Proposals: No bidder or its Associate shall submit more than one
proposal or bid against this RFP. A bidder submitting a bid individually or as an
Associate shall not be entitled to submit another bid either individually or as a
member of any consortium, as the case may be
5.5.
MISCELLANEOUS
1. The Selection Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Kochi shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/or in connection with the Selection Process.
2. KMRL can choose not to proceed with any bidder with respect to one or more
categories of services/requirements outlined in this RFP; and can choose to
suspend the project or to issue a new RFP for this project that would supersede and
replace this RFP.
3. KMRL, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to:
a. suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or modify the dates or other terms and
conditions relating thereto;
b. Consult with any bidder in order to receive clarification or further
information;
c. retain any information and/or evidence submitted to KMRL by, on behalf of
and/or in relation to any bidder; and/or
d. Independently verify, disqualify, reject and/or accept any and all
submissions or other information and/or evidence submitted by or on
behalf of any bidder.
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4. It shall be deemed that by submitting the Proposal, the bidder agrees and releases
KMRL, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/or claims it may have in this respect,
whether actual or contingent, whether present or future.
5. All documents and other information supplied by KMRL or submitted by an Bidder
shall remain or become, as the case may be, the property of KMRL. KMRL will not
return any submissions made hereunder. Bidders are required to treat all such
documents and information as strictly confidential.
6. KMRL reserves the right to make inquiries with any of the clients listed by the
bidders in their previous experience record.
7. This RFP does not commit KMRL to award a contract or to engage in negotiations.
Further, no bidder is entitled for any claims for cost incurred in making the proposal
cost may be incurred in anticipation of award of contract.
8. Timing and sequence of events resulting from this RFP shall ultimately be
determined by KMRL.
9. No oral conversations or agreements with any official, agent, or employee of KMRL
shall affect or modify any terms of this RFP, and any alleged oral agreement or
arrangement made by a bidder with any department, agency, official or employee
of KMRL shall be superseded by the definitive agreement that results from this RFP
process. Oral communications by KMRL to bidders shall not be considered binding
on KMRL, nor shall any written materials provided by any person other than the
authorized representative of KMRL
10. Neither the bidder nor any of bidders representatives shall have any claims
whatsoever against KMRL or any of their respective officials, agents, or employees
arising out of or relating to this RFP or these procedures (other than those arising
under a definitive service agreement with the bidder in accordance with the terms
thereof).
11. This RFP does not commit KMRL to enter into an agreement or similar undertaking
with the bidder or any other organization and KMRL shall have the right to reject or
accept any proposal or offer, or any part thereof (e.g., any component of any
proposed solution) for any reason whatsoever.
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requirements of this RFP. Without limiting generality of the foregoing, the failure to
comply with the technical requirements, and acknowledgment of receipt of
amendments, will be causes for holding proposals non-conforming. In addition,
KMRL will not consider for evaluation proposals that are canned presentations of
promotional materials and that do not follow the format requested in this RFP or
do not appear to address the particular requirements of KMRL as described in
different sections of this RFP or do not appear to address the particular
requirements of KMRL to propose and implement the proposed ERP solution.
5.7.
1. Late bids
a. Bids received after the due date and the specified time for any reason
whatsoever, shall not be entertained and will be rejected without opening.
b. KMRL may, in exceptional circumstances and at its discretion, extend the
deadline for submission of proposals by intimating all bidders who have
received the bid documents from KMRL, through email, in which case all rights
and obligations of the bidders previously subject to the original deadline will
thereafter be subject to the deadline as extended.
2. Withdrawal and modifications of Proposals
a. Modifications of any nature to proposal will not be allowed after the deadline
for proposal submission
b. In case the bidder submits the revised proposal, the revised proposal shall
strictly comply with all the terms and conditions of this RFP.
c. No proposal submitted by the bidders may be withdrawn either partially or fully
in the interval between the deadline for submission of proposals and the
expiration of the validity period.
d. If a bidder intends to withdraw the proposal before the validity period the
bidder can do so by forfeiting the EMD
e. The responses given by the bidders to queries from KMRL during the evaluation
will be considered as part of the proposal
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5.8.
CONFLICT OF INTEREST
1. A bidder shall not have a conflict of interest that may affect the Selection Process or
the ERP implementation project. Any bidder found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, KMRL shall appropriate the
Performance Security, if available, as mutually agreed genuine pre-estimated
compensation and damages payable to KMRL for, inter alia, the time, cost and
effort of KMRL including consideration of such bidders Proposal, without prejudice
to any other right or remedy that may be available KMRL hereunder or otherwise.
2. The bidder shall furnish an affirmative statement as to the absence of, actual or
potential conflict of interest on the part of the bidder due to prior, current, or
proposed contracts, engagements, or affiliations with KMRL. Additionally, such
disclosure shall address any and all potential elements, which would adversely
impact the ability of the bidder to complete the requirements as given in the RFP.
5.9.
DISQUALIFICATION OF BIDS/PROPOSALS
1. The proposal submitted by the bidder is liable to be disqualified under the following
cases. Each of the conditions laid down here are equally important, as indicated by
the consequence of the violation of the condition, which is disqualification of the
entire proposal of the bidder
2. Violation of the technical process
a. Commercial Proposal is submitted along with the Technical proposal
b. The price information, the pricing policy or pricing mechanisms or any
document/information/file indicative of the commercial aspects of the proposal
are either fully or partially enclosed or are part of the Technical Proposal
c. Bidders may specifically note that while processing the Bid documents, if it
comes to KMRLs knowledge expressly or implied, that some bidders may have
compounded in any manner whatsoever or otherwise joined to form a cartel
resulting in delay / holding up the processing of Bid then the bidders so involved
are liable to be disqualified for this contract
d. In case any one party submits multiple Bids , the bidders are likely to be
disqualified, unless additional Bids are withdrawn
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b. If the proposal/bid is disqualified, it will not be processed further and the same
will be communicated to the bidder through email/fax. No further
correspondence from the bidder with the KMRL will be entertained.
c. Documents submitted as a part of the proposal and which have not been
opened will be returned to the bidder.
d. Documents submitted as a part of the proposal and which have been opened at
the time of disqualification will not be returned to the bidder.
e. If the disqualification is for the reasons of fraudulent or corrupt practice, KMRL
has the right to initiate actions to black list the bidder as per the provisions of
the relevant acts/rules
5.10. ENTIRE DOCUMENTS
1. Entire Request for Proposal - The following constitute the entire Request For
Proposal by KMRL
a. The RFP documents supplied by the KMRL
b. The additional conditions if any, supplied by the KMRL on or before the last date
for the submission of the responses by the bidder
c. The clarifications provided by KMRL during the pre-bid phase or before the last
date for the submission of the responses by the bidder.
d. Minutes of the meeting of pre-bid meeting circulated to the bidders by the
KMRL
e. Any official communication through email/fax/post by KMRL sent to all the
bidders during the bidding period or before the last date for submission of the
response by the bidder.
2. Entire proposal by the bidder the following constitute the entire proposal by the
bidder
a. The response by the bidder submitted in the soft copy format in the e-tendering
System.
b. The presentation material submitted by the bidder during the bidder
presentation sessions and the minutes of the meeting thereof.
c. The clarifications provided by the bidder as a part of the proposal against any
queries/requests by KMRL.
d. Minutes of the meeting of the pre-bid meeting
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3. The Communications
a. The communications if any exchanged between KMRL and the bidders related
to the RFP and the bidding process, through emails/fax/post will be part of the
RFP / proposal documents.
b. Only communications sent through email ids of the authorized persons of the
bidders or KMRL and letters signed by the authorized persons will be part of
the official records for the RFPs and the proposals
5.11. AUTHENTICITY OF THE INFORMATION AND RIGHT OF VERIFICATION
1. KMRL reserves the right to verify all statements, information and documents,
submitted by the bidder in response to the RFP. Any such verification or the lack of
such verification by KMRL to undertake such verification shall not relieve the bidder
of its obligations or liabilities hereunder nor will it affect any rights of KMRL there
under.
2. In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof, that
one or more of the eligibility conditions have not been met by the bidder or the
bidder has made material misrepresentation or has given any materially incorrect
or false information, the bidder shall be disqualified forthwith if not yet appointed
as the SI either by issue of the LOA or entering into of the Agreement, and if the
Selected bidder has already been issued the LOA or has entered into the
Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by KMRL without KMRL being liable in any manner
whatsoever to the Selected bidder or SI, as the case may be.
3. In such an event, KMRL shall forfeit and appropriate the Bid Security, if available, as
mutually agreed pre-estimated compensation and damages payable to KMRL for,
inter alia, time, cost and effort of KMRL, without prejudice to any other right or
remedy that may be available KMRL
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directly or indirectly with the Selection Process or the LOA or has dealt with
matters concerning the Agreement or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service of
KMRL, shall be deemed to constitute influencing the actions of a person
connected with the Selection Process; or (ii) save as provided herein, engaging
in any manner whatsoever, whether during the Selection Process or after the
issue of the LOA or after the execution of the Agreement, as the case may be,
any person in respect of any matter relating to the Project or the LOA or the
Agreement, who at any time has been or is a legal, financial or technical
consultant/ adviser of KMRL in relation to any matter concerning the Project
b. fraudulent practice means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of KMRL,
and includes collusive practices among Bidders (prior to or after bid submission)
designed to establish bid prices at artificial, non-competitive levels and to
deprive the purchaser of the benefits of free and open competition;
c. coercive practice means impairing or harming or threatening to impair or
harm, directly or indirectly, any persons or property to influence any persons
participation or action in the Selection Process;
d. Unfair trade practices means supply of goods or services (computer
hardware, software, printers, networking equipment, etc.) different from what
is mentioned in the bid documents, and includes change of parts/components,
use of refurbished/repaired/substandard/ duplicate parts instead of genuine
new parts or change the specifications and/or make of the company for which
the supply order was given by KMRL
e. undesirable practice means (i) establishing contact with any person
connected with or employed or engaged by KMRL with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the Selection Process; or (ii) having a Conflict of Interest; and
f. Restrictive practice means forming a cartel or arriving at any understanding or
arrangement among bidders with the objective of restricting or manipulating a
full and fair competition in the Selection Process.
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6.
EVALUATION OF PROPOSALS
6.1.
1. The bids will be opened on the specified date, time and address in the presence of
bidders representatives who have been authorized to attend the Bid opening
sessions.
2. In the event of the specified date of bid opening being declared a holiday for KMRL,
the Bids shall be opened at the same time and location on the next working day.
3. KMRL will go ahead with bid opening, even if the authorized representatives of the
bidders abstain from these bid opening sessions.
4. Opening of Commercial Proposal The commercial bids of only those bidders who
have scored more than the threshold points as prescribed in the Technical
Evaluation process will be opened.
5. The commercial bids of those who have scored less than the thresh hold points as
prescribed, will not be opened
6.2.
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6.3.
1. During the time of the evaluation of the Technical or/and Financial Bids, KMRL may
seek clarifications from the bidder on specific items in the bids submitted by them.
All such clarifications will be sent to the contact persons indicated in the proposal
either by email or mail.
2. The primary role of clarifications in the evaluation process is to clarify ambiguities
and uncertainties arising out of the evaluation of the bid documents. The
clarifications provide the opportunity for KMRL to state its requirements clearly and
for the bidder to more clearly state its proposal.
3. If such clarifications are oral in nature, they will only be considered in the form of
minutes of the meeting duly signed/agreed to by the all the participants.
4. The bidder has the option to respond or not respond to these queries. If the bidder
fails to respond within the stipulated time period, KMRL has the right to make
assumptions on the Technical or/and Financial Bids submitted by the SI and if such
assumptions lead to disqualification of the Technical or/and Financial Bids, KMRL is
not accountable for these omissions
5. All the responses to the clarifications will be part of the Technical Proposal of the
respective bidders, and if the clarifications are in variance with the earlier
information in the proposal, the information provided in later stages will be the
part of the contract for implementation between SI and KMRL.
6. Evaluations of bids will be only on the basis of information provided by the bidders
in the proposals, or any additional information provided by the bidders against
specific requests for clarifications sent by KMRL during the evaluation process.
7. If any of the responses by the SI to the queries sent by KMRL has commercial
implications, these commercial aspects will not be accommodated in the evaluation
process.
8. Evaluation of the bids will be done in the following sequence
a. Scrutiny of Bid Security and adherence to general guidelines
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The following activities will be carried out as the first step in the bid evaluation process
1. Scrutiny of the EMD/bid security
2. Scrutiny of the documents submitted as per the general guidelines on the following
a. Proposal covering letter
b. Impact of litigation statement
c. Conflict of interest statement
3. Only those bids for which EMD has been submitted and which have the above three
documents in order will be processed further.
4. Assessment of the eligibility of against the conditions listed in the RFP and
compliance of the responses as per the respective formats listed in the Annexure
6.5.
1. The prospective Bidder must comply with general qualifications mentioned in the
RFP. In case the Bidder does not fulfil the eligibility criteria, their bids will be
rejected and shall not be considered for further evaluation.
2. The Bidder(s) will be evaluated on QCBS (Quality cum Cost Based Selection) System.
There will be 30% weightage for Technical Bid and 70% for Commercial Bid.
3. A maximum of 100 points each will be allocated for the Technical proposals for the
ERP solution and the a maximum of 100 points for the technical proposal for
implementation services, based on the assessment responses and compliance to
the requirements of KMRL
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4. If the ERP solution proposed to be implemented by the Bidders scores less than 75
points (cut-off score) out of 100 points in the technical evaluation, the ERP solution
will not qualify and the bidder who has proposed such ERP solution shall not be
considered for the Evaluation of the proposal for ERP implementation.
5. The Bidders scoring less than 70 points (cut-off score) out of 100 points in the
technical evaluation of the ERP implementation services shall not be considered for
next stage of the evaluation process.
6. The Bidders who are shortlisted based upon technical criteria may be asked, if
necessary, to make a presentation on their solution at KMRL, at their own cost.
7. The individual technical scores of the technically qualified Bidders, thereafter, will
be normalized as per the formula below:
(
where:
Tn = Normalized technical score for the Bidder under consideration
Tb = Absolute technical score for the Bidder under consideration
Tmax = Maximum absolute technical score obtained by any Bidder
8. Financial Bids of those who have technically qualified only shall be opened for
further evaluation.
9. The Commercial Offer shall be the sum total of all the price elements.
10. The commercial scores will be calculated as per formula given below:
(
where:
Fn = Normalized financial score for the Bidder under consideration
Fb = The commercial bid value of the Bidder under consideration
Fmin = Minimum commercial Value bid
11. The overall score will be calculated as per the formula given below:
where:
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1. The committee may invite each bidder to make a presentation to the KMRL at a
date, time and venue determined by KMRL to make a presentation of their
Technical Proposal. The purpose of such presentations would be to allow the
bidders to present their methodology, unique capabilities if any, the project
structure, the quality of the project team etc.
2. The presentation of the Technical Proposal should be made by the proposed project
manager of the bidder for this Project of KMRL, with some of the key team
members to support the project manager as part of the presentation team, instead
of the sales representative or the senior executive of the organization.
3. The presentation of the technical proposal would also include the demonstration of
the proposed ERP solution to highlight the technical requirements of KMRL and to
validate the specific technical specifications.
4. The bidders are expected to bear the cost of travel or any other associated cost
incurred for the purpose of making these presentations
6.7.
1. The technical proposal will be evaluated based on the materials provided in the
proposal by the bidders as against the general understanding of what they should
be like to meet the requirements of the project.
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2. The clarifications provided by the bidders during the evaluation process or if any
presentation was organised, the content of the presentation also will be the basis
of technical proposal evaluation.
3. KMRL reserves the right to cross verify the documents/ credentials of the bidder &
related bodies before awarding the contract to the successful bidder
4. The proposal will be evaluated against the following broad heading
6.8.
1. During the time of the evaluation of the Technical Proposal, KMRL may seek
clarifications from the bidders on specific items in the proposal submitted by them.
All such clarifications will be sent to the contact persons indicated in the proposal
either by email for response within a stipulated time period.
2. The bidder has the option to respond or not respond to these queries. If the bidder
fails to respond within the stipulated time period, KMRL has the right to make
assumptions on the technical
1. A maximum of 100 points will be allocated for the technical proposal for the
different parameters listed in the technical proposal requirements for ERP solution,
as per following:
Parameter
Points
5 points
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25 points
4 points
25 points
10 points
15 points
16 points
100 points
2. Out of a possible 100 points, a proposed ERP solution should score a minimum of
75 points to qualify in the technical evaluation.
3. The technical proposal for implementation services of a particular bidder will be
evaluated, only if the ERP solution proposed by that bidder qualifies in the technical
evaluation
4. The bill of materials will be evaluated in terms completeness to address all the
requirements of KMRL and the clarity in terms of mapping the requirements to
specific solution elements.
5. The solution fitment of the ERP solution proposed by the bidder will be evaluated
against the response to the FRS, the references of successful implementation and
on the basis of the demonstration of the solution in the event of organising a
solution demonstration. The following will be the basis of evaluation for this
parameter.
a. KMRL is looking for ERP Solution which would need minimum customization,
if any, the solutions proposed will be rated accordingly the solutions which
need less customization being rated better than the others.
b. The response to the FRS will be scored based on the five types of responses
readily available or standard, work around, needs customization, not
available but met through third party tool, not available/not proposed or
addressed.
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c. Based on the response against the FRS, each line item in the list of
features/capabilities will be allocated a score as below:
Response
Points
Standard
Work Around
Customization
Third Party
Not Possible
d. The total score for each of the bid will be normalised for a maximum
possible score of 25, (the achievable maximum score if all the requirements
were standard features)
6. The licensing terms will be assessed for clarity, transparency and ease of
administration and the relationship to the bill of materials and the metrics.
7. The points for references of deployment will be allocated as below
Response
References of Deployment in
organizations
and
Railway
organisations in India.
Points
Metro rail
operations*
25 points
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9. The strategic requirements will be scored against the following five parameters
with each one carrying a point of 3 each.
a. The ERP solution shall be implemented and maintained by System
Integrators based out of India, without depending on the OEM and should
have at least ten certified partners in India for implementing and maintain
ace/support of ERP.
b. The ERP solution should be able to meet the India specific requirements on
service Tax, TDS etc. and has the facility to provide these changes for
localization on a continuous basis
c. The Proposed Application should support all of the Operating SystemsMicrosoft Windows, UNIX, Linux, MAC
Points
Total score
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16 points
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*e-procurement with tendering for two cover system of procurement for public
procurement, and facility for encryption of bids and digital signature integration.
6.10. SCORING OF THE TECHNICAL PROPOSAL FOR IMPLEMENTATION
1. A maximum of 100 points will be allocated for the technical proposal for
implementation services, as per following details:
Parameter
Customer
references
transport/railway/metro rail sector
Points
from
20
points
(for
four
references, five points for
each)
25 points
10 points
10 points
25 points
5 points
5 points
100 points
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project manager, the, functional consultants and the technical consultants as listed
in the RFP
5. The project plan, structure and resource loading will be assessed for details,
completeness, and adequacy, the adequacy of resources, the risk mitigation plan
and intents to complete the completed in a timely fashion. The project plan will be
assessed for Details of the activities, the resource loading, mechanisms for tracking
issues, the tools used for managing the project etc. Resource Loading for the
project with right type of people and in right numbers at the right time and for the
right duration will be critical for the success of the project at KMRL. The resource
lading parameter will be evaluated based on type of people, the timing, numbers
and duration.
6. Support and maintenance, the approach, methodology, plan, resource loading etc.
for adequacy, adherence to standard practices, completeness etc.
7. The support services are scored based on the resources, the approach for ensuring
easy adoption, continuous improvement mechanisms etc.
8. The proposal for CoE will be assed against the requirements in the RFP and the
expertise the bidders proposed to provide based on its previous experience of
doing so.
6.11. COMMERCIAL PROPOSAL EVALUATION
1. The commercial bids/proposal of only those bidders who meet the eligibility criteria
and qualify in the technical evaluation process will be considered for commercial
evaluation.
2. The commercial bids of only technically qualified bidders will be opened.
3. The evaluation of Commercial Proposals will be done based on the bidders quote
for the services required by KMRL and elaborated in this RFP.
4. If any of the prices of different components or taxes for these components are
bundled together in the Commercial Proposal, unbundling of these prices, i.e.
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allocating prices for individual components during evaluation or during signing the
contract, if awarded the contract, will not be allowed.
5. If the bundling of the price of different services makes it difficult for KMRL to use
them for the purpose of signing the contract, KMRL has the right to reject these
commercial bids, as unresponsive bids.
6. If there are any errors, these will be corrected as per this RFP
a. If the price for any of the services is not explicitly mentioned or mentioned as
zero, it is assumed that the price for that particular element is absorbed in some
other service element for which a price has been quoted, and KMRL has the
right to source services quoted as zero, at no additional price and the quoted
price i.e. at zero.
b. If taxes or any other applicable charges are not indicated explicitly, they are
assumed to be bundled within the prices quoted and unbundling of these
charges will not be entertained either during evaluation or while signing the
contract.
6.12. CALCULATION OF THE VALUE OF THE COMMERCIAL PROPOSAL
1. The summation of the values provided in the Format for commercial response will
be the value of the commercial proposal of the particular bidder.
2. Each element in this Format is expected to be the summation of each of the tables
provided for breakup of the respective price elements
3. The values provided in the break up forms will be used for contracting purpose and
for addressing any changes to the scope of work during the period of contract.
4. Reconciliation between the commercial proposal tables: if there are discrepancies
between the figures in the different tables of the commercial proposals,
reconciliation/correction will be done using the following method.
a. If any of the elements in the main response format higher than the
summation of the corresponding forms for break up, post commercial
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evaluation, the lower value in the corresponding table will be used for
contracting.
b. If any of the element in response form is lower than the summation of the
breakup forms, post commercial evaluation the value provided in the
response form will be used for contracting and the bidder will be required to
readjust the price of different elements of the corresponding table, to
reflect the value provided in response form which was used in evaluating
the value of the bid.
6.13. CORRECTION OF ERRORS
1. Bidders are advised to exercise adequate care in quoting the prices. No excuse for
corrections in the quoted price will be entertained after the proposals are opened.
All corrections, if any, should be performed before submission, failing which the
figures for such items may not be considered.
2. Arithmetic errors in proposals will be corrected as follows: In case of discrepancy
between the amounts mentioned in figures and in words, the amount in words
shall govern. The amount stated in the proposal form, adjusted in accordance with
the above procedure, shall be considered as binding, unless it causes the overall
proposal price to rise, in which case the overall proposal price shall govern
6.14. NEGOTIATION WITH THE ERP SOLUTION OEM AND SIGNING THE CONTRACT
1. KMRL will select the ERP solution proposed by the successful bidder for ERP
implementation services.
2. KMRL will open the commercial proposal of the proposed ERP solution, only after
selection of the successful bidder
3. KMRL will have the rights to negotiate with the ERP solution OEM and sign a
contract directly with the ERP solution OEM, for the supply of ERP solution.
4. If the commercial negotiation with the ERP solution OEM fails, or the ERP solution
OEM refuses to sign the contract to supply the ERP solution directly, KMRL will have
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the right to nullify the complete bid process, without getting into contract with the
successful bidder for ERP implementation services.
6.15. NOTIFICATION OF AWARD AND SIGNING THE CONTRACT
5. KMRL reserve the right to negotiate with the bidder whose proposal for ERP
implementation services has been ranked as successful bidder by the committee on
the basis of price quoted in the commercial proposal and also the other commercial
terms and conditions furnished in the Technical proposal
6. Award of contract for the project: After the completion of the bid evaluation
process and determination of the successful bidder, and completion of the
negotiations if any, as listed in the RFP, a Letter of Award (the LOA) shall be
issued, in duplicate, by KMRL to the successful bidder and the successful bidder
shall, within 7 (seven) days of the receipt of the LOA, sign and return the duplicate
copy of the LOA in acknowledgement thereof. In the event the duplicate copy of
the LOA duly signed by the successful bidder is not received by the stipulated date,
KMRL may, unless it consents to extension of time for submission thereof, cancel
the LOA and the next highest ranking bidder may be considered.
7. The notification of award or the issue of LoA will not constitute the formation of the
contract.
8. The successful bidder who has been issued with a LOA is expected to furnish a
Performance Bank Guarantee (PBG) for an amount which is 10% of the contract
value. This Performance Bank Guarantee has to be from any of the state banks or
Nationalized Bank or a Private Bank which is authorized to do business with
Government.
9. The contract between the successful bidder and KMRL will come into force only
upon the bidder furnishing the Performance Bank Guarantee as per conditions laid
out in this RFP and KMRL signing the contract with the successful bidder.
10. If the successful bidder fails to furnish the Performance Bank Guarantee, within the
specified period and subject to specified conditions, KMRL has the right to
withdraw the notification of award/LOA
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11. If the successful bidder tries to alter the Commercial Proposal or the Technical
Proposals, with something which were not part of the proposals and which are in
variance with the basic spirit and letters of the proposals, while signing the
contract, KMRL has the right to withdraw the notification of award and the bidder
will forgo the EMD furnished during the bidding process.
12. If the successful bidder fails to get into a contract with KMRL as per the Commercial
Proposal and the Technical Proposal submitted against this RFP, and all the
commitments made during the evaluation process, KMRL has the right to withdraw
the notification of award and the bidder will forgo the EMD furnished during the
bidding process.
13. Failure of the successful bidder to agree with the Terms and Conditions of the RFP,
the terms as put forward by KMRL and/or the failure to present the Performance
Bank Guarantee within the stipulated period and/or non-fulfilment of the condition
of executing a contract by the successful bidder shall constitute sufficient grounds
for the annulment of the award, and forfeiture of EMD.
14. Expenses for the Contract-The incidental expenses of execution of agreement /
contract shall be borne by the successful bidder.
15. Commencement of Assignment: The SI shall commence the project within fifteen
days of the date of the Agreement, or such other date as may be mutually agreed. If
the SI fails to commence the assignment as specified herein, KMRL may invite the
second ranked SI for negotiations. In such an event, the LOA or the Agreement, as
the case may be, may be cancelled/terminated.
6.16. PERFORMANCE BANK GUARANTEE
1. The successful bidder shall at their own expenses deposit with KMRL, along with
agreement, an unconditional and irrevocable Performance Bank Guarantee (PBG)
from a nationalized bank acceptable to KMRL payable on demand, for the due
performance and fulfilment of the contract(s) by the bidder.
2. This Performance Bank Guarantee will be for an amount equivalent to 10% of value
of the contract(s). All incidental charges whatsoever such as premium, commission
etc. with respect to the performance bank guarantee shall be borne by the bidder.
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3. The Performance Bank Guarantee shall be valid till 3 months after the completion
of the support and maintenance period.
4. Subject to the terms and conditions in the Performance Bank Guarantee, at the end
of support and maintenance period, the Performance Bank Guarantee will lapse.
The Performance Bank Guarantee may be discharged/ returned by KMRL upon
being satisfied that there has been due performance of the obligations of the
bidder under the contract. However, no interest shall be payable on the
performance bank guarantee.
5. In the event of the bidder being unable to service the contract(s) for whatever
reason, KMRL would invoke the PBG. Notwithstanding and without prejudice to any
rights whatsoever of KMRL under the contract in the matter, the proceeds of the
PBG shall be payable to KMRL as compensation for any loss resulting from the
bidders failure to perform/comply with its obligations under the contract. KMRL
shall notify the bidder in writing of the exercise of its right to receive such
compensation within 14 days, indicating the contractual obligation(s) for which the
bidder is in default.
6. KMRL shall also be entitled to make recoveries from the bidders bills, Performance
Bank Guarantee, or from any other amount due to him, the equivalent value of any
payment made to him due to inadvertence, error, collusion, misconstruction or
misstatement.
6.17. COMPLAINTS AND DISPUTE RESOLUTION
1. If any of the bidders have any complaints or reservations on the
bidding/procurement process, the evaluation etc. the competent authority to be
contacted for resolution will be The Additional Chief Secretary-Finance,
Government of Kerala.
2. The decision of the competent authority on the complaints or disputes will be final.
3. Cost of Resolution Each party will bear the cost incurred by them for resolving the
issues.
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Registration
person
Submitted
Yes/No
RFP Page
wher
required
documents
avialble
verification
No.
the
are
for
contact
Eligibility Requirement
Eligibility Criteria
Submitted
Yes/No
Qualification
Yes/No*
Registered in India
Three years of operations
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evaluation
What
has
been
submitted/format used
Possible technical
score*
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*to be indicated based its own assessment of the response by the bidder
Format/response
requirement
Submitted
Yes/No
RFP Page
wher
required
documents
avialble
verification
No.
the
are
for
Technical
proposal
covering letter for ERP
solution
IPR /Solution ownership
declaration
Validation of ERP solution
deployment references
KMRL-Confidential
What
has
been
submitted/format used
RFP
Page
No. wher the
required
documents
are avialble
for
verification
Possible
technical score*
*to be indicated based its own assessment of the response by the bidder
Format/response
requirement
KMRL-Confidential
Submitted
Yes/No
RFP Page
wher
required
documents
avialble
verification
No.
the
are
for
Technical
proposal
covering letter for ERP
Implementation
Declaration
partnership
of
IP/
KMRL-Confidential
Secondary Contact
Name:
Title:
Company Name:
Address:
Phone:
Mobile:
Fax:
E-mail:
We understand that it will be the responsibility of our organization to keep KMRL posted of
any changes in this list of authorized persons and we fully understand that KMRL shall not
be responsible for non-receipt or non-delivery of any communication and/or any missing
KMRL-Confidential
communication in the event reasonable prior notice of any change in the authorized
person(s) of the company is not provided to KMRL.
Information in the RFP, clarifications and any other processes concerning the RFP and
selection shall not be disclosed to any persons not officially concerned with such process.
We understand that misuse of confidential information related to the process by us may
result in rejection of our proposal.
Sincerely,
(Signature)
KMRL-Confidential
Dear Sir,
This is to notify you that our company intends to submit a proposal in response to the RFP
for providing implementation services for the ERP (name of the solution) at KMRL.
We confirm that the information contained in this response or any part thereof, including its
exhibits, and other documents and instruments delivered or to be delivered to the KMRL
are true, accurate, verifiable and complete. This response includes all information necessary
to ensure that the statements therein do not in whole or in part mislead KMRL as to any
material fact in its short listing process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the short listing process or unduly favors our
company in the short listing process, we are liable to be dismissed from the selection
process or termination of the contract during the project, if selected to do so, for providing
implementation services to KMRL.
It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/
firm/organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
Dated this
(Signature)
Day of
201
(In the capacity of)
Duly authorized to sign the RFP Response for and on behalf of:
Sincerely,
KMRL-Confidential
Date
(Seal here)
KMRL-Confidential
Duly authorized to sign the RFP Response for and on behalf of:
Sincerely,
Company Seal
Name
Title
Signature
Date
(Name and Address of Company)
KMRL-Confidential
4. CONFLICT OF INTEREST
(Company letter head)
[Date]
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
Sir,
Sub:
I/We do hereby undertake that there is absence of, actual or potential conflict of interest
on our part as the bidder or any prospective subcontractor due to prior, current, or
proposed contracts, engagements, or affiliations with KMRL.
I/We also confirm that there are no potential elements (time-frame for service delivery,
resource, financial or other) that would adversely impact our ability to complete the
requirements as given in the RFP.
We undertake and agree to indemnify and hold KMRL harmless against all claims, losses,
damages, costs, expenses, proceeding fees of legal advisors (on a reimbursement basis)
and fees of other professionals incurred (in the case of legal fees and fees of professionals,
reasonably) by KMRL and/or its representatives, if any such conflict arises later.
Yours faithfully,
Authorized Signatory
Designation
Company Seal
KMRL-Confidential
Authorized Signatory
Designation
Company Seal
KMRL-Confidential
6. COMPANY INFORMATION
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
KMRL-Confidential
Commercial Information
FY 2012-13
FY 2011-12
FY 2010-11
8. IMPLEMENTATION EXPERIENCE
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
KMRL-Confidential
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
The ERP Implementation Project Information (one form for each project reference duly
certified by authorized signatory).
ERP solution implemented
The name of the solution
The Solution components implemented
The scale of deployment in terms of number of users
The operation areas, functions covered
Client Information
Name of client
Name of the person who can be referred to from Clients' side, with name, designation,
postal address, contact phone, fax number, e-mail id,
Nature of business / operations of client
Project Details
Brief description of the Project
Scope of the Project
Details of services provided
Supporting Documents attached herewith
KMRL-Confidential
9. IMPLEMENTATION EXPERIENCE
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
Sub: the project completion declaration
We confirm that based on the internal documents, the following projects have been
completed as per the respective contracts and billed/invoiced for the services rendered as
per the respective contracts.
The referred Project and contract reference
KMRL-Confidential
10. COMPETENCY
(To be submitted on the Letterhead of the Bidder)
(Place) (Date)
To
The Director (System),
Kochi Metro Rail Limited,
Revenue Tower, 8th Floor, Park Avenue,
Ernakulam -682011
Sub: The competency and expertise
We confirm that based on the internal documents, the following competency or expertise
Certified Consultants Information
Number of the ERP Solution (name of the ERP)
Consultants in the Company
Supporting Documents
Certification by the company auditors/Company Secretary supporting the number of
consultants in the organization
KMRL-Confidential
Sir,
I/We confirm that <name of SI> (SI) is a certified partner to supply the licenses and
provide implementation services of our solution and have due authorization from us to
provide services, to KMRL that are based on our product(s) listed below as per Request for
Proposal (RFP) document relating to the Project of KMRL.
Sr. No.
Product Name
Remarks
Yours faithfully,
Authorized Signatory [In full and initials]:
Designation
OEMs company name
Dated this ___ day of ___201_
Address:
Seal/Stamp of OEM
KMRL-Confidential
KMRL-Confidential
__________________________
Beneficiary: __________________________
Invitation for Bids No: ________________________________________
Date: __________________________
BID GUARANTEE No.: __________________________
Guarantor: ________________________________________________
We have been informed that __________________________ (hereinafter called "the
Applicant") has submitted or will submit to the Beneficiary its bid (hereinafter called "the
Bid") for the execution of ________________ under Invitation for Bids No. ___________
(the IFB).
Furthermore, we understand that, according to the Beneficiarys conditions, bids must be
supported by a bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________
(____________) upon receipt by us of the Beneficiarys complying demand, supported by
the Beneficiarys statement, whether in the demand itself or a separate signed document
accompanying or identifying the demand, stating that either the Applicant:
(a)
has withdrawn its Bid during the period of bid validity set forth in the
Applicants Letter of Bid (the Bid Validity Period), or any extension thereto
provided by the Applicant; or
(b)
having been notified of the acceptance of its Bid by the Beneficiary during the Bid
Validity Period or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the performance
security,, in accordance with the Instructions to Bidders (ITB) of the Beneficiarys
bidding document.
This guarantee will expire: (a) if the Applicant is the successful bidder, upon our receipt of
copies of the contract agreement signed by the Applicant and the performance security
issued to the Beneficiary in relation to such contract agreement; or (b) if the Applicant is
not the successful bidder, upon the earlier of (i) our receipt of a copy of the Beneficiarys
KMRL-Confidential
notification to the Applicant of the results of the bidding process; or (ii) twenty-eight days
after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at
the office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.
_____________________________
[Signature]
KMRL-Confidential
S.
No
Bidding Document
Reference(s) (section
number/ page)
The clarification
required
1
2
Note:
The name of the organization and the date shall appear in each page of such a
document/email in the header or footer portion.
The clarifications to be sent only by email as specified elsewhere in this RFP document
KMRL-Confidential
Sir,
Sub: Authorization for Representation at Bid Opening ERP implementation project of
KMRL
I/We declare and confirm that Mr. /Ms. __________________ has been duly
authorized by us to represent us at the opening of technical and commercial bids. He/She
will be carrying valid photo identification as per below details:
Name as on the ID
ID Number
Designation
KMRL-Confidential
Dear Sir,
This is to notify you that our company intends to submit a proposal in response to the RFP
to supply the ERP (name of the solution) at KMRL.
We confirm that the information contained in this response or any part thereof, including its
exhibits, and other documents and instruments delivered or to be delivered to the KMRL
are true, accurate, verifiable and complete. This response includes all information necessary
to ensure that the statements therein do not in whole or in part mislead KMRL as to any
material fact in its short listing process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the short listing process or unduly favors our
company in the short listing process, we are liable to be dismissed from the selection
process or termination of the contract during the project, if selected to do so, for providing
implementation services to KMRL.
It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/
firm/organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
We also declare that in the event of our ERP solution, being selected for implementation at
KMRL, we are in agreement to negotiate the commercials for the ERP solution and we will
sign the contract for supply of the ERP solution directly to KMRL
Dated this
KMRL-Confidential
Day of
201
Page 129 of 252
(Signature)
Duly authorized to sign the RFP Response for and on behalf of:
Sincerely,
*The Companys name+
Name
Title
Signature
Date
(Name and Address of Company)
Date
(Seal here)
KMRL-Confidential
Dear Sir,
We the ERP solution OEM for the ERP solution (name of the proposed ERP solution) and the
partner (name of the SI) for implementation of the ERP solution, have jointly assessed the
fitment of the ERP solution against the functional requirement statement or FRS, circulated
by KMRL along with the RFP, and in agreement with the fitment statement provided with
the technical response for the ERP solution.
Signed jointly by the authorized signatories of the SI and OEM, with company seals
KMRL-Confidential
This is the bill of material for the ERP solution proposed to be implemented at KMRL.
Serial No.
Solution components
Unit of licensing
No of units proposed
Signed jointly by the authorized signatories of the SI and OEM, with company seals
KMRL-Confidential
KMRL-Confidential
Yes or No
The ERP solution should have all the core modules with required functions as
natively integrated applications on a single interoperable open platform.
The ERP Solution should provide wide range of security features such as single
sign-On (SSO), Multiple Authentication, Authorization and Integrated User
management
The ERP solution should provide implementation, administration and operational
tools seamlessly integrated with the product.
The ERP Solution should be Uni-code Compliant, support N-tier and Internet
architecture, be natively built based on 64 bit operating system and support
application and database clustering and load balancing
The ERP Application shall provide an application architecture which can be
integrated with third party/ legacy applications using the built-in integration tools
The ERP Application should be able to generate report output directly in excel,
PDF, text, XML, HTML or such other file types.
ERP Application should have single sign-on access across applications and should
be intuitive, with easy-to-use user interface that can be accessed via the web
interface.
ERP Application should have ability to provide concise overview of parameters like
configuration changes, infrastructure usage, performance, required maintenance
activities, potential security issues, status of business flows and diagnostic test
results
ERP Application should provide performance statistics for the CPU/ Memory,
database, Application servers
KMRL-Confidential
The ERP Application shall have a built in software to manage application software
backups and restore with Source Control and the solution shall have a built in
software to manage automated database backups and restore
The ERP Application should include tools/ mechanism for System, Database and
performance measurement activities
ERP Application / System should have tools for administration of Configuration
management, Performance tuning, System diagnostics and Capacity planning
The ERP solution should support multiple levels of reporting including
transactional reporting, analytical reporting etc. It should support reporting on
excel sheets as well as format intensive reporting, graphics and will have a facility
to drill down
The ERP solution should come with inbuilt tools for data migration, upgrades etc.
The ERP solution should have provision for handling reporting through a data
warehouse
The ERP Solution should provide application development tools to support the
continuous development/refinement of application
The ERP solution should provide a robust set of communication and reporting
tools and must be able to auto-trigger emails / SMS communications to concerned
as per business rules configured in the system
KMRL-Confidential
KMRL-Confidential
KMRL-Confidential
We would like to declare the following information on our product development, R&D and
training services in India.
Product Name
Product Development Center
Date of Incorporation
Date of Commencement of Business
Address
Number of Employees involved in Development, Delivery
and Service Support of Solutions at the above Center(s)
Dated this ___ day of ___201_
Yours sincerely,
on behalf of *ERP Solution OEMs Name+
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
KMRL-Confidential
The ERP Deployment Information (one form for each project reference).
ERP solution Deployed
The name of the solution
The Solution components implemented
The operation areas, functions covered
The scale and users for the deployment of e-procurement or government file management
(as the case may be) and integration with the core ERP
Client Information
Name of client
Name of the person who can be referred to from Clients' side, with name, designation,
postal address, contact phone, fax number, e-mail id,
Nature of business / operations of client
KMRL-Confidential
KMRL-Confidential
Undertaking on Patent Rights/copy rights for the ERP solution proposed to KMRL
I/We do hereby undertake that he we are the rightful owners of the ERP solution (name of
the solution) being provided by us and is not infringing on any patent or intellectual
property rights as per the applicable laws of relevant jurisdictions having requisite
competence.
I/We also confirm that there shall be no infringement of any patent or intellectual property
rights as per the applicable laws of relevant jurisdictions having requisite competence, in
respect of the ERP solution or any part thereof to be supplied by us. We shall indemnify
KMRL against all cost/claims/legal claims/liabilities arising from third party claim in this
regard at any time on account of the infringement or unauthorized use of patent or
intellectual property rights of any such parties, whether such claims arise in respect of
manufacture or use. Without prejudice to the aforesaid indemnity, we shall be responsible
for the completion of the supplies of the ERP solution including upgrades as and when they
are made available and uninterrupted use of the software solution and/or system or any
part thereof to KMRL and persons authorized by RGUHS, irrespective of the fact of claims
of infringement of any or all the rights mentioned above.
If at a later date it is found that it does infringe on patent rights, I/We absolve and
indemnify KMRL of any legal action.
Yours faithfully,
Authorized Signatory
Designation
KMRL-Confidential
Having examined the bid document, the receipt of which is hereby duly acknowledged, we,
the undersigned, offer to provide the implementation services for the ERP solution (name
of the ERP) at KMRL as required and outlined in the RFP.
We attach hereto the bid technical response as required by the bid document, which
constitutes our proposal.
We undertake, if our proposal is accepted, to provide all the services put forward in this
RFP or such features as may subsequently be mutually agreed between us and KMRL or its
appointed representatives.
We agree for unconditional acceptance of all the terms and conditions set out in the bid
document and also agree to abide by this bid response for a period of six months from the
date fixed for bid opening and it shall remain binding upon us with full force and virtue,
until within this period a formal contract is prepared and executed. This bid response,
together with your written acceptance thereof in your notification of award, shall
constitute a binding contract between us and KMRL
We confirm that the information contained in this proposal or any part thereof, including
its exhibits, schedules, and other documents and instruments delivered or to be delivered
to the KMRL is true, accurate, and complete. This proposal includes all information
necessary to ensure that the statements therein do not in whole or in part mislead KMRL
as to any material fact.
We agree that you are not bound to accept the lowest or any bid response you may
receive. We also agree that you reserve the right in absolute sense to reject all or any of
the products/ service specified in the bid response without assigning any reason
whatsoever.
KMRL-Confidential
It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/
firm/organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
Dated this
Day of
(Signature)
201
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Name of Resource
Designation
1
2
4. RESOURCE LOADING
Team
member
Role
expertise
KMRL-Confidential
and
Expected duration of
involvement
Page 144 of 252
5. PROJECT PLAN
Project activity
Timelines
Number of people
Deliverable
1. Indicate all main activities of the assignment. For phased assignments indicate
activities, delivery of reports, and benchmarks separately for each phase.
2. Duration of activities shall be indicated in the form of a bar chart.
6. DELIVERABLES
1. The list of deliverables
2. The templates for each of the deliverables
3. The acceptance criteria for the deliverables
KMRL-Confidential
KMRL-Confidential
KMRL-Confidential
I/We do hereby undertake that none of the deliverables being provided by us is infringing
on any patent or intellectual and industrial property rights as per the applicable laws of
relevant jurisdictions having requisite competence.
I/We also confirm that there shall be no infringement of any patent or intellectual and
industrial property rights as per the applicable laws of relevant jurisdictions having
requisite competence, in respect services/tools or any part thereof to be supplied by us.
We shall indemnify KMRL against all cost/claims/legal claims/liabilities arising from third
party claim in this regard at any time on account of the infringement or unauthorized use
of patent or intellectual and industrial property rights of any such parties, whether such
claims arise in respect of manufacture or use. Without prejudice to the aforesaid
indemnity, we shall be responsible for the completion of the project of ERP to KMRL,
irrespective of the fact of claims of infringement of any or all the rights mentioned above.
If at a later date it is found that it does infringe on patent rights, I/We absolve and
indemnify KMRL of any legal action.
Yours faithfully,
Authorized Signatory
Designation
Bidders corporate name
KMRL-Confidential
We agree that you are not bound to accept the lowest or any bid response you may
receive. We also agree that you reserve the right in absolute sense to reject all or any if the
products/ service specified in the bid response without assigning any reason whatsoever.
It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/
firm/organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
Dated this
Day of
201
(Signature)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
Seal/Stamp of bidder
I, certify that I am
.
of
the
.,
and
that
who signed the above proposal is authorized to
bind the corporation by authority of its governing body.
KMRL-Confidential
KMRL-Confidential
necessary to ensure that the statements therein do not in whole or in part mislead the
KMRL as to any material fact.
We agree that you are not bound to accept the lowest or any bid response you may
receive. We also agree that you reserve the right in absolute sense to reject all or any if the
products/ service specified in the bid response without assigning any reason whatsoever.
It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/
firm/organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
Dated this
Day of
201
(Signature)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
Seal/Stamp of bidder
I, certify that I am
.
of
the
.,
and
that
who signed the above proposal is authorized to
bind the corporation by authority of its governing body.
KMRL-Confidential
1.
2.
-------
3.
4.
-------------
5.
-----------
6.
7.
Data base
ATS charges for one year
Unit price
No. of units
Total price
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Dated this
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
1.
2.
3.
Base Price
4.
5.
Tax
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Tax
Base price
Tax
Tax
1.
2.
Base price
3.
Implementation
of
procurement system
4.
Training cost
5.
Total price
e-
2.
3.
Total price
1.
2.
3.
KMRL-Confidential
management consultant
4.
5.
Tables C2, C3 and C4 provide the breakup of the price for the respective prices in the
commercial proposal indicated in Table C1. KMRL reserves the right to place item wise work
orders.
KMRL-Confidential
Dated this
Day of
(Signature)
201
(In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
(Name and Address of Company)
KMRL-Confidential
Seal/Stamp of bidder
Dated _________________
To,
KMRL
Dear Sir,
1. In consideration of The Director (System) Kochi Metro Rail Limited (KMRL), having its
office at Revenue Tower, 8th Floor, Park Avenue Ernakulam Kerla, India 682011
(hereinafter referred to as `KMRL', which expression shall, unless repugnant to the
context or meaning thereof, include all its successors, administrators, executors
and assignees)
after
receipt
of
M/s__________________________
the
LOI
having
its
dated
_______________
registered/head
office
with
at
that the CONTRACTOR shall furnish to KMRL a performance guarantee for Indian
Rupees .............. for the faithful performance of the entire CONTRACT.
2. We (name of the bank) ______________________________ registered under the laws
of _________ having head/registered office
at __________________________
without
reference to the CONTRACTOR. Any such demand made by KMRL on the Bank by
serving a written notice shall be conclusive and binding, without any proof, on the
KMRL-Confidential
bank as regards the amount due and payable, notwithstanding any dispute(s)
pending before any Court, Tribunal, Arbitrator or any other authority and/or any other
matter or thing whatsoever, as liability under these presents being absolute and
unequivocal.
forbearance, act or omission on the part of KMRL or any indulgence by KMRL to the
said CONTRACTOR(s) or any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full force
during the period that is taken for the performance of the CONTRACT and all
dues of KMRL under or by virtue of this CONTRACT have been fully paid and its claim
satisfied or discharged or till KMRL discharges this guarantee in writing, whichever is
earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the
constitution of KMRL or that of the CONTRACTOR.
KMRL-Confidential
7. The Bank confirms that this guarantee has been issued with observance of appropriate
laws of the country of issue.
8. The Bank also agrees that this guarantee shall be governed and construed in accordance
with Indian Laws and subject to the exclusive jurisdiction of the Courts of Kochi.
9. Notwithstanding anything contained herein above, our liability under this Guarantee
is limited to Indian Rs. (in figures) ______________ (Indian Rupees (in words)
____________________)
and
our
guarantee
shall
remain
in
force
------------------------(Signature)
Dated.
-------------------------(Signature)
Full name and official
KMRL-Confidential
KMRL-Confidential
ANNEXURE II-FRS
Functional Requirement Specifications
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Functional Requirement - HR
Qualifications should capture the details of name of the examination passed (prior to
joining and after joining) with specialization/Trade, university/Institute, month and
year of passing, percentage of marks obtained, grade/class obtained / Duration of the
course / (With incentive / without incentive) etc.
Previous employment details like name of the organization, position held (designation),
start/end dates, reason for leaving, last salary drawn etc.
Details of spouse in the service of the organization including name, personnel number,
unit where working, designation with provision for automatic updation of records of
the relative as and when it is updated for him by his controlling establishment.
Details of the dependents including relationship, their month and year of birth,
studying in school/college, monthly income/pension amount, Date of updation of data
Details of relatives in the service of the organization including name, personnel
number, unit where working, designation and relationship with provision for automatic
updation of records of the relative as and when it is updated for him by his controlling
establishment.
History of trainings attended (prior to joining and after joining) like name of the course,
name of the Institution, month and year of training, duration of the course in
days/weeks etc.
Awards received (prior to joining and after joining) by the employee including the
name of the award, year of award, in which discipline/field and date of receipt of
award and special status/ privilege, if any, to be given to him for the award.
Date of joining, probation period, date of confirmation in each grade / post/
designation
Details of promotion from one grade / scale / discipline to another including any reappointment through internal selections
Full transfer history of the employee including the past and current location, nature of
transfer (self-initiated / company initiated / against circular), tenure/Deputation, date
of joining and date of relieving at different locations, number of times cancelled but
kept in abeyance etc
Present place of posting including name of the department, cost centre, division etc.
Ability to maintain / update union membership data and processing for deduction of
membership fee through pay-roll processing
History of disciplinary actions against the employee including date of charge, nature of
charge, amount of financial loss to organization, date of punishment and nature of
punishment. This must include Vigilance/ CBI/ Criminal proceedings.
Ability to provide dynamic user defined query/ report facilities based on the defined
user login/security levels for Personnel department as well as for other Users. Views of
information on user-defined criteria like date wise, category-wise, qualification-wise,
experience-wise, male-female, etc. Should support maintenance of statutory registers
(like Form-11, Form-12)/Establishment schedule / muster rolls etc.
Ability to change employment status from full-time to part-time, or part-time to fulltime.
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Ability to send email/notification to the concerned departments like Accounts etc. on
change of employee status
Ability to update a field indicating whether the employee has taken the home lease
facility and link it to the payroll
Ability to track each employees start dates and end dates for each position held /
event during service for user-defined period.
Ability to create/ update organizational chart of all positions and reporting
relationships.
Ability to drill down facilities to access information of the employees at various levels to go from organization level to sub levels like Unit level, department level and
employee level
Ability to provide restricted access to different classes of employee master data
Ability to track, calculate and trend employee participation through Knowledge
Management database.
Transaction / Process / Activity Requirements
Training
Ability to incorporate the Induction Plan (a plan of abut 3-4 weeks during which the
newly joined employees move across all departments and understand their working)
Ability to enter the evaluation results in the system of the individual induction reports
prepared by the employees at the end of the Induction Programme
Ability to check whether the employees have crossed the expected benchmark score in
their evaluation results by the evaluation committee
Ability to provide a Training Needs Requirement Form to employees online which can
be filled in the system and the results can be collated for analysis
Ability of the Corporate HR to prepare a comprehensive Training Plan in the system
based on inputs on training needs
Ability to perform a comprehensive skills gap analysis using Skills Gap Form for nonexecutives on a periodic basis by each department
Ability to plan, maintain and track Training Schedules for executives and nonexecutives
Ability to collect training feedback online
Ability to capture details of the On-the-Job trainings
Ability to automate the workflow of training requisitions, approvals etc
Ability to evaluate cost of individual trainings and validate the same with the training
budget line item
Ability to capture details of discipline (channel)-wise, program-wise courses conducted
monthly, quarterly, half-yearly, yearly and cumulative
The system should be able to send training notices /remainders at pre-determined
time lines to participants via email/SMS etc.
Ability to maintain external certifications obtained by staff
Performance Management
Ability to capture all details of the Performance Appraisal Forms in the system
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Functional Requirement - HR
Ability to enable workflows between Employees, evaluators and reviewers in a step by
step fashion
Ability to link promotion eligibility based on performance ratings and disciplinary
actions for employees
Ability to setup goals / performance expectations for individuals at the beginning of the
year and even in mid-year (optional)
Ability to maintain the appraisal ratings and feedback in the system for the current
year
Support to generate reminder letters/e-mail to the employees/ appraising authorities
in case of non-submission of appraisal reports etc.
The system shall store the results of the employees performance evaluation such as
Start and End Date for evaluation, Manager, Total Score, Employee Development
Information, Comment
Ability to archive appraisal ratings and feedback in the system for previous years
Recruitment
Ability to interface with Govt. authorities for intimation of vacancies for sanctioned
strength of trainees under Apprenticeship Act
Ability to arrive at vacancies to be reserved for SC / ST / OBC / Physically disabled
categories
Ability to raise the indent / Manpower Requisition Form (MRF) in the system
Ability to introduce workflow based approval system for the MRF / indent
Ability to maintain applicant database in the system
Ability to connect the online application link (at the company website) to the central
applicant data base
Ability to conduct first level of screening in the system by matching against key words
of educational, skill requirements mentioned in the indent
Ability to gather the list of Candidates from the Govt. Authorities registered with KMRL
Ability to enter the details of short listed candidates who respond to advertisement on
the basis of age, qualification, experience etc.
Ability to schedule interviews of the shortlisted candidates and enter interview results
/ comments in the system
Ability to generate Interview Call Letter
Ability to receive online approval from
Ability to generate Appointment Letter
Ability to update and maintain the recruitment tracker on employees joining / not
joining after appointment letter is issued
Ability to generate a report in a prescribed format to list the receivables from Board of
Apprenticeship as mentioned above
For Training & Development Scheme, an approval note on the list of positions, job
specifications, is generated. The system should support in generating this and also have
the ability to route the approval workflow to the concerned authorities
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Ability
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c)No. of days taken to respond to an applicant etc.
Ability to maintain temporary posts as per requirements
Joining & Relieving
Ability to capture information of the Joining Form and transfer the data towards
maintenance of Employee master
Ability to generate unique Employee Code
Ability to apply and submit resignation online in the system
Ability to generate Dues Report for the employee and show any outstanding amount in
any category / department from the system
Ability to generate No Dues Certificate / Clearance to the employee
Ability to capture and archive relevant details from Exit Interview
Attendance & Leave Management
Ability to integrate attendance punch card system with the HR module of the ERP
Ability to enter and modify attendance data of employees directly in the system when
punch cards are not operating
Ability to link up attendance with salary processing / financials
Ability to apply and approve leave online
Automate the leave approval workflow of the employee through the concerned
approving authorities
Ability to maintain and update the leave database for employees
Ability to scan / capture details of medical certificates with relevant Leave Record of
the employee
Ability to maintain updated leave balances against individual employees
Ability to link wage / salary cut due to excess leave taken by employees
Ability to record time stamp of records entered and prevent back dated entries
LTC availing and Claim
Ability to auto verify names of dependents (from employee master)
Ability to validate the mode of travel with the employee's eligibility on the same based
on his grade / seniority etc.
Ability to route the application form through the concerned approving authorities as a
workflow
Ability to send the verification form to Finance Department on a workflow after due
approvals (may be multi-level if required) from HR
Ability to verify the submission and enter remarks / comments and approve / reject the
settlement form
Ability to capture application for advance
Ability to check and verify eligibility criteria of dependents and prepare eligibility list
online
Ability to send auto alert to concerned departments on availing of LTA by an employee
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Ability to apply and send online the application for loan in the system to HR
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Ability to generate a sanction note and its approval online in the system
Ability to intimate Accounts section on remittance of instalments after due processing
by the financial institution
Ability to introduce workflow based approval system for the housebuilding/maintenance loan
Ability to avail interest subsidy on loan as per corporate policy
Ability to process applications and necessary approvals for loans in the system
Increments
Ability to maintain and update the scale of pay for different categories of employees of
the organization
Ability to generate list of employees due for increment (preferable one month earlier)
Ability to calculate the increments as per the scale of pay for employees who have
served for 12 months - as business rule
Ability to send auto alert/e-mail to the concerned departments on change of pay-scale
of the employee
Ability to generate increment letters for employees from the system
Leave Encashment
Ability to configure necessary business rules for leave encashment in the system for
different categories of employees
Ability to raise Leave Encashment Application in the system and this should flow by
workflow to concerned HR personnel
Ability of the approved applications to flow online to Finance / Accounts section for
suitable disbursement
Medical claim & Medical Reimbursement
Ability to maintain and update a master of approved hospitals / health clinics/Insurer
etc.
Ability to raise a Form to intimate the company regarding the admission in a hospital
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Functional Requirement - HR
Promotion and Pay Fixation
Ability to configure time-based and vacancy-based promotion policies and salary
fixation
Ability to introduce a workflow based approval process if required
Ability to generate Promotion Order in the system
Ability to capture minimum attendance criteria, performance rating and seniority and
qualification criteria for vacancy-based promotion
Ability to prefer optional fixation against pay fixation online
Ability to generate a list of employees due for promotion (based on tenure of service
and any other business rule which can get updated time to time)
Ability to generate a Pay Fixation Statement as per pre-defined business rule, in case
employee has selected Pay Fixation
Personal Accident Claim
Ability to send the form online to the Safety Officer and after approval to HR - through
workflows
Ability to store / capture details of fitness certificate, medical certificate etc.
Ability to raise note in case of accidents which happen within the factory premises
Ability to send the note to accounts after approval for payment and to time office /
leave function for updating leave
Vehicle & Estate Management
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Ability to raise and send Travel Forms online from different departments
Ability to record daily trips and reconcile with contract / payment settlement
Confirmation and Placement of Trainees
Ability to generate a confirmation note on completion of probation of trainees
Ability of the system to generate a report / generate alerts to remind HR about
completion of probation period of trainees at least 1 day before
Ability to generate Confirmation Letters to confirmed trainees
Ability to extend probation period of trainees if found required
Ability to generate a list of all trainees who have completed 1 year in the organization
Ability to send the names and PR forms to different departments
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Ability to process travel requisition including capture of settlement details against the
specific requisition
Reporting / Document Outputs / MIS Requirements
Report of Recoverables from salary
Report on new joinees, resignees and retirees
Reports of employees based on the categorisation of Length of Service, Age,
Qualification, etc
Attendance Report - normal, overtime, unauthorized absence, late arrival, punch
recorder output
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List of applications and processing status for availing benefits - lease, LTC etc.
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Ability to provide for various terms and conditions etc. in the Purchase order
Ability to capture payment terms in distinct parametric form e.g. full / part / advance,
mode of payment, address to release the payment etc.
Ability to capture inspection requirements, acceptance criteria, etc. in PO
Ability to check for budget allocation when generating a Purchase order / Purchase
Proposal
Ability to capture Tolerances on Quantity ordered and received.
Ability to generate Purchase order without a quotation / offer ( emergency PO / RC /
Repeat Order)
Ability to generate PO with a unique number (unit / dept or other relevant criteria)
Ability to generate purchase orders with quantity but no delivery schedule (contracts)
Ability to compare offered rates with estimates and / or Last PO rate and report
variances
Ability to generate release orders against an open PO as and when material is required
Ability to generate dummy Purchase Orders
Ability to distribute order quantity amongst multiple vendors against one RFQ
Ability to capture Purchase Order acknowledgement and Planned delivery date given
by the vendor in the system
Ability to query on Purchase order history by vendor, item code, PO number, indent no.
etc.
Ability to link the Purchase orders to rate contracts for view and analysis
Ability to generate automatic reminders to vendors for delivery on time, expiry of L.C.
Ability to track payment / refund status against PO
Ability to track Bank Guarantee against advance and EMD against PO in terms of value,
receipt and validity and raise alerts whenever required
Ability to amend / cancel a Purchase Order, item wise
Ability to create Rate contracts and agreements to schedule deliveries
Ability to follow-up on the vendor for order delivery
Ability to make ATs (Acceptance to Tender) with provisional rates.
Ability to create a Purchase Order and Service Order against one Indent.
Ability to execute cash purchase (direct purchase) in case of emergency on the basis of
approved local purchase indent
Ability to generate MRR (Material Receipts) to acknowledge accepted quantity of
materials
Ability to integrate with stores functions (inward) from Purchase Receipts
Ability to integrate with Material Testing Department functions / QA functions for input
materials purchased
Ability of the Material Testing Lab to automatically receive online intimation on
requirement of sampling and testing and elimination physical MAN (Material Arrival
Note) which is prepared and sent
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Ability to send alerts and reminders for delivery failure and gather vendor feedback
Ability to view the status (Financial payments) of an order post receipt of goods from
the vendors
New Vendor Development
Ability to account for samples of materials from new vendors for material testing
(could include 3rd party inspection)
Ability to capture / communicate the test results of the materials of the new vendor
Ability to attach the technical report with the new vendor development record
Ability to incorporate Vendor Rating based on configurable parameters of evaluation
Once Vendor Rating is done, the Vendor Rate should appear clearly on the Vendor's
Master Record and in all online views / reports
Purchase Receipts
Ability to record material / service receipts fully / partially against open purchase /
work orders in appropriate formats
Ability of the system to update physical stock and stock valuation as per organizations
policies on posting receipts
Ability to consider tolerance levels (+ve and -ve) to be setup for each material / each
vendor / vendor-material combination in posting receipts
Purchase Invoice Verification
Ability to verify vendor invoices online in terms of material specification / quality
requirements, quantity, delivery schedules, payment terms, other conditions
Ability to record the vendor liability in the books of the company by posting the vendor
invoices
Purchase Returns
Ability to reject purchased materials because of quality test results
Ability to raise debit notes
Ability to create return orders for other purposes
Budgeting
Ability to categorize revenue budgets for works/material purchase etc.,
Ability to support purchase department budgeting activities
Ability to perform analysis of budget allocation and actual money spent for purchase
activities
Ability to capture annual requirement plan
Reporting / Document Outputs / MIS Requirements
Detailed Purchase Transactions / Purchase Register
List of Active vendors
List of Emergency Direct and Local Purchase
List of indents raised for excess material
Details of existing rate contracts and open orders on the same
Vendor Rating Report
Possible Vendor-Item Sourcing Options
Details of existing rate contracts and open orders on the same
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Ability to group all items based on parameters like Engineering, Stationeries etc.
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Ability to trace the indent to the indenter, department, shop floor etc. with the audit
trail with regard to date
Ability to track on indents raised per user dept / cost centre , buyer group/person
Ability to convert indent to a final stage by indenter, after this further modifications by
indenter is restricted.
Ability to specify whether items in the indent are proprietary or not and accordingly
link proprietary certificate for proprietary items (same is true for Quality inspection
specific items and relevant quality certificate)
Ability to track the status of an indent from indent raising to approval, receipt of
offers, placement of order, LC status, material in transit, receipt at stores, inspection,
stock charging and payment
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Ability for online budget monitoring and display of budget status during indent stage
and accordingly display alerts / messages on exceeding the budget.
Provision to use multibudget codes for certain group of items
Without sufficient budget indents cannot be raised.
Ability to track items critical to Operation, critical to quality, insurance spares, having
shelf life, etc for stock level and raise alarm for indenting.
Ability to raise indents automatically for items reaching re-order level with generation
of alerts.
Ability to provide a facility to the indenter for adding any remarks/description, Special
instruction on Packing req, inspection req, sample submission (free/chargeable), legal
transit needs, delivery scheduling, test certificate req, Pre-dispatch inspect
Ability to specify whether Sample is to be submitted with offer or after placement of
order and attach sample approval criteria to the indent.
Ability to prepare an estimate based on standard cost data, past purchase and latest
applicable taxes and duties ( ED, Cess, entry Tax, etc), transport cost, etc giving landed
cost.
Ability to choose the mode and type of tendering.
Ability to identify existence of rate contracts at the indenting stage and link it
accordingly with the indent.
Ability to indent and track a free trial / paid trial item and record the performance.
Ability to create a purchase requisition / Indent from an existing requisition
Visibility of inventory of the items.
Ability to track Purchase requisitions at various stages of approval hierarchy and
consolidate the requirements based on material groups or other relevant criteria.
Ability to automatically book the department budget with actual value, upon
placement of Approved Tender / Finalized contract
Ability to specify whether Sample is to be submitted with offer or after placement of
order and attach sample approval criteria to the indent.
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Reporting / Document Outputs / MIS Requirements
Material Arrival Note (MAN)
Material Received Report (MRR)
Material rejection Note
Material returned to Party (MRP)
Material Rejection for Destroyal
Stored Rejection Report (SRR)
Stock available statement
Stock rejection report
Sales return on finished goods
Transfer notes
Scrap sales report
List of Insurance spares
Waste generated statement
Trend Analysis report on expiry of chemicals, rejected material
Non-moving Items report
Aging analysis report
Report of expiry of non-moving items
Total SRRs raised for a given period
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List of SRRs against which the material is returned back to the party
List of pending SRRs
List of total MRNs for a given period
List of rejected material returned to the party
List of rejected material lying with stores
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Reporting Capabilities
Ability to send the reports through fax or email
Ability to have access to data and report based on user authorizations.
Ability to create custom formulas for repeated use in reporting tool.
Ability to provide standard report templates
Ability to schedule reports to run at periodic intervals
Ability to view reports through web
Ability of reporting both at Unit level, Company level and Group level
Ability to provide MIS dashboards for senior management
Ability to archive reports and use in Document management
Ability to create custom reports using wizard
Ability to generate process reports like lead time between receipt of sales order and
payment from client etc.
Ability to print reports of transactional nature such as vouchers (e.g. invoice voucher,
payment voucher, GRN etc) to facilitate transaction processing
Ability to print reports directly through networked printer
Ability to generate report output directly in excel / pdf / text/ XML or such other file
types
Ability to create ad-hoc reports using filter options / customization options
Ability to allow users the following for creating their own views or reports with ease:
- Select column
- Apply filters and sort orders
- Summation
- Drill down
- Averaging
Ability to use existing MS-Word/ Excel / PDF document for report template directly
Ability to export data from reports directly to MS Excel files for further analysis /
working
Ability to customize reports over and above base reports available in base product
Ability to develop new reports as and when required and should be performed by the
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Technical Requirement
client's technical team
Integration Capabilities
Ability to support integration with third party application such as Project Management
systems like MS Projects / Primavera etc.
Ability to integrate with internal applications like attendance punching system
Ability to exchange data with Open standard XML based business messaging protocol
Ability to have role based portal access to the system
Ability to support and integrate with Outlook and other Email system
Audit Trail Capabilities
Ability to have Audit Trail capabilities up to the level of time and person
Ability to provide complete trace / origin of each transaction to their respective source
documents
Security and Back up Features
Ability to support role based access control
Ability to provide multiple roles for one user
Ability to configure the number of permissible log-in attempts
Ability to provide access level security for Entry forms at Field level - allow, Read only,
Hide
Ability to provide access level security for Entry forms at Transaction level - allow/
deny
Ability to provide access level security for reports at Transaction level - allow/ deny
Ability to provide authorization by transaction type e.g. update/delete/insert/modify
Ability to provide authorization by user id
Ability to define automatic time out for a transaction if not completed with in a time
frame.
Ability to define time restriction on transactions
Ability to provide user login with date range restriction
Ability to support for approval and approval thresholds
Ability to support joint approval (two or more members)
The solution software shall not clash with any other software for functioning e.g. Anti
Virus, Firewall MS-Office
The solution shall support DR with asynchronous replication of data
The system should have on line back up facility should be possible with all clients
working
The implementer should provide both on-line and off- line data backup and
restoration capabilities, appropriate archival policy and appropriate storage solution
The solution should have in built source / application code control program
Appropriate security architecture is to be recommended by implementer considering
authentication and authorization services, appropriate connectivity e.g.
VPN/Dialup/Internet, proxy/firewall services, disaster recovery etc.
Ability providing access level security for Entry forms at Transaction level - allow / deny
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E-Procurement
General
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The system must be able to log all the activities carried out on the system by any user.
The administrator shall be able to make intelligent search on the log based on user
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name, time period, type of activity, etc.
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Audit trail of the entire system operations shall be maintained in secured environment.
The E-Procurement system should adhere to stringent security norms like SSL, firewall
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and other CVC guidelines
E-Procurement system will have native integration with back-end functionalities for
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operational procurement, inventory management.
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E-Procurement system will be capable to handle both materials and services
The solution should have comprehensive business workflow engine to create and
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manage different kind of workflow requirements triggered by specific events.
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E-Procurement system should have comprehensive functionality for supplier evaluation
Supplier evaluation can be done based on past purchase transactions considering
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different parameter like price, quality, delivery, services etc. The score of these
parameters could be calculated automatically by the system or entered manually.
System will have provision to conduct supplier evaluation based on feedback from
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business users through questionnaire. The questionnaire can be triggered on specific
events automatically by the system or by conducting a web-based survey.
It shall have standard reporting formats available. Reports shall be available in these
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standard formats at any given time.
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The system must provide detailed drilled down reports.
The system must enable user to configure/develop reports on different parameters for
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trend analysis, reports on supplier participation etc.
Management of user IDs and password and setting up hierarchy levels and role
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definitions for different users.
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System will support multiple currencies
The system must provide a supplier administration module to add, delete, enable or
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disable the suppliers or supplier group.
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The system must provide for reports in both flat file and Excel formats.
The E-Procurement system should have document collaboration facility among
purchaser, bidders and suppliers. They should be able to share documents in a secured
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manner online. The upload, download and storage of the documents whould be folderbased and easy-to-use.
The solution will have in-built capability to create purchasing documents, legal
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contracts with clauses, terms & conditions etc and stored in a structured manner. The
output could be PDF MS Word or XML file.
Vendor Registration
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Facility for empanelment/registration of suppliers on the portal
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Provision to create different questionnaire for different product categories and services
Supplier will be able to register or apply for certain product or services themselves over
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internet by entering/answering basic questions.
Based on supplier selection or application, a questionnaire can be sent to supplier in a
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secured manner to get more information
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The quotations can be categorized.
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Questions can be answered through texts, checkboxes, yes/no with validity.
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Designated person can check and review answers of the questions and then approve or
reject the registration request.
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There will be supplier directory to check different supplier with their statuses
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Potential suppliers can be confirmed to be supplier of materials or services
Supplier will receive administrative login and password information so that they can
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maintain their own information online
After approval, supplier will be able to get notification for tenders, purchase order etc
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to collaborate with purchaser
Suppliers will get administrative role to create other user ids for their organizations to
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carry out different purchasing activities according to different roles.
E-Tendering
Employees will be able to raise purchase request themselves or on the behalf of other
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employee
Solution should have the capability of team purchasing where they can do all the
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sourcing activities as a team and collaborate
The system shall be capable of handling limited tenders, open tenders, global tenders,
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rate contract, reverse auction etc.
There shall be no limit with the system in terms of interacting with Payment Gateways
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for purpose of financial transactions.
E-tendering system will support complex service procurement where service can be
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defined in a multi-level service hierarchy with defined value limit
For each type of payment, the work flow for making payment shall be part of the
process. For example, if vendor has to make payment for tender form, the web page
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where tender forms are listed shall guide the user to make payment. Once the vendor
chooses to pay he shall be taken to the payment gateway and payment shall be
accepted.
System shall be capable for adoption for supporting different kind of formats of
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tenders, tender conditions and output reports as defined by the purchaser
The base currency of the System must be Indian Rupees. The currency shall be
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customizable/configurable in case of global tenders.
The system must allow Users to locate tenders quickly through on-line search facilities
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in a variety of ways including tender no, generic descriptions, etc.
The system should provide the following bid stages in the tendering process:
(i) Pre-Qualification bid stage
(ii) Technical bid stage
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(iii) Reverse auction
(iv) Price/commercial bid stage
(v) Single stage, techno-commercial bid stage
System should be configurable to create various types of users as mentioned below:
i) Authorized personnel from purchaser for access and use of the different modules of
the system like NIT, Bid preparation, bid evaluation etc.
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ii) Authorized personnel from the bidder organizations
iii) System Administrators
iv) Super user to control all operations on the e-Procurement Portal; and
v) Any other user such as payment gateway providers or as per the architecture of the
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Secured electronic alert facility to the registered suppliers on the portal, whenever a
new tender / corrigendum / addendum is published.
Search facility for the tender floated on the web site category wise, tender no wise etc.
Users shall enter the quantity required for tendering directly into the tender based on
manual inputs received by them. On receipt of indent for a particular item, the user
shall initiate the preparation of tender document along with technical requirements,
payment terms, Schedule of requirements, price schedule etc.
The tender document shall be prepared online. These shall be a provision to prepare
each section, for example special conditions, functional requirement if any, schedule of
requirements, price schedule, technical specification etc, separately by different users
assigned by administrator.
There shall be a work flow to get the prepared tender document approved online by
the concerned section users for the purpose of floating the NIT by the concerned
procurement wing.
The officers in the approving chain shall be able to view the tender document and place
his remarks in the space provided for the purpose. These remarks and suggested
changes shall be viewable to the user who prepared the document. He shall be able to
imbibe these comments in to the tender document online.
There shall exist a facility to authorized personnel of supplier organizations for - Online
downloading of Complete Tender Documents, multiple Addendum and multiple
corrigendum with online payments or offline payments received through demand
drafts. Activation of Online/Offline payments modes shall be configurable.
The GUI of the system shall have a tender designing facility. Designing of tender
documents for different types of tenders such as EOI (expression of interest), Limited
Tender, Advertised Tender, Global Tender both for works, consultancy and supply of
goods and services shall be possible so as to include existing features of submission of
bids with complete break up indicating basic rate, excise duty, sales tax/VAT, packing,
forwarding, freight etc., with supply to multiple consignees.
As and when addendum or corrigendum is posted, all suppliers who have officially
procured tender document online should receive automatic online reminders through
registered emails.
The relevant approving authority should get an email alert whenever any NIT has come
to him/ her for approval.
NIT shall be visible to users of in the approval hierarchy: The NIT approver should have
the following functionalities: Approve the NIT, Reject the NIT, Route the NIT to a
specific person for review, Insert comments
For creation of NIT there shall be a proper approval process which may involve many
users who are in a hierarchy. The transactions and remarks of such users shall be visible
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to all users in the same hierarchy. On final approval, already configured for each
hierarchy, notice/message shall go the user who initiated the process.
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The NIT/Tender creator should be able to select any combination of these stages to
create a single stage or two stage or 3 stage tender.
A provision shall exist to take a print out or send mail to approved print media
addresses in a predefined format.
The System must provide the facility to publish the NIT on its web interface for public.
The link for website shall be provided in official website also.
On publication of the tender, the system should generate an email/SMS alert to the
registered suppliers and concerned company users..
It should be possible by configuration to have a copy of the Tender Document for free
online viewing by prospective suppliers.
The official copy of the Tender Document downloaded online after making the
necessary payment, if any, (online or offline) should have a unique reference number
such that these are not transferred to other Suppliers
There should be facility for re-bidding for one or more bid parts without having to refloat the whole tender.
The System must allow tenders to be tracked through their lifecycle, providing visibility
of tender status, user comments and responses, evaluation & decision history, etc.
The system shall have pre-bid queries/clarification functionality.
The system should allow for issue of corrigendums/amendments to be published on
the E-Procurement site.
The system should be able to send an alert to the concerned vendors.
All such corrigendums/amendments shall become the part of the tender on closing of
the tender and shall be viewable accordingly.
The bids, during submission, shall be encrypted using public keys of vendor. The
opening of the submitted bids shall only be possible through private keys of the vendor
either from his remote position or being present physically at company's location for
tender opening. The same process shall be repeated for all the bids of different
vendors.
The vendor shall be allowed to revise his bid before due submission date of the bid as
defined in the tender document. Only the last bid submitted by the vendor shall be
considered by the system.
The company users should have the facility of digitally signing the documents while
issue of clarifications or any document issued to the bidders post or pre tender
submission. For this purpose, bidders shall receive notification for any notice issues for
tender clarification, addendum or corrigendum.
After the submission of bids, it shall not be possible to change anything in the bid from
either side. Bidder shall explain this feature in the bid response. The same process shall
also be mentioned in the help menu of the portal.
The system shall ensure secured flow of content and delivery of the messages with
different users.
It shall be possible to submit Bids, online, in single or multiple stages such as pre
qualification, technical and financial bids as specified in the respective tender or as per
the procurement policy decisions.
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The bid submission process shall be designed in such a way that all required
documents(pre configured) and bid components shall be uploaded at the time of bid
submission. In case any document is not uploaded, the bid submission process shall not
be completed. The mandatory documents shall be indicated by the user uploading the
tender by way of marking/ on various options during the tender preparation.
It shall be possible that all key parameters of technical bids are filled by the bidders in a
pre defined format. The system shall have provision to allow any additional
information/document that the prospective bidder may like to submit as part of the bid
submission.
For financial bids, it shall be submitted in a pre defined format. All the mandatory fields
in the financial bids shall be filled without exception. Bidder shall not be allowed to
progress further in case he/she leaves a field unfilled.
Apart from listed items in financial bid, the vendor shall be allowed to insert additional
items which he/she wants to quote as part of bid. Separately he/she shall also be
allowed to give breakup cost of line items if required.
It shall be possible to view the submitted bids in a consolidated fashion to both the
bidder and company in a pre defined format. The summary of bids shall be viewable to
the bidder when they are submitting the bid and to company users when the bids are
being opened.
For the financial portion of the bid, it shall be possible to submit the name of the
product, qty offered, unit price, different taxes applicable, discounts offered and the
total price, etc.
The bidder shall be given the option to insert additional fields in the financial bid form
to insert any additional levies/taxes to cater to extra ordinary charges/levies.
For global tenders it should be possible to submit price-bids in prescribed Foreign
currency as specified.
All the received bids shall be stored in an encrypted form in an Electronic Secure tender
box. These bids shall be time stamped and entire process shall be highly secure. It
should not be possible to open and view the contents of the Electronic Secure Tender
Box till the specified time has elapsed.
Facility shall be available to the authorized users to login simultaneously within a
defined period to open technical bid and price bid. All the designated persons need to
be logged in within the time period and open the bid. Bid administrator will be able to
assign technical bid and price bid openers in a tender.
The System must not allow Users from viewing the bids before the tender opening date
& Time.
System should have the capability to involve internal and external experts for online
bid evaluation
Experts will be able to provide their score and comments online
The comparative sheet of the price bids along with the technical bid details shall
automatically get transferred to the Evaluation Committee members, whos email id
shall be predetermined and configured in the system.
The System must automatically process and save the bid evaluation results in a
specified folder. Authorized users, including the Evaluation Committee members shall
be allowed to view and evaluate the bidders responses against the parameters
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specified and attach evaluation results to the bids with their comments. These
comments shall not be visible to users other than the evaluation committee members.
Each tender may have specific and unique evaluation group.
For Price-bids of global tenders, it shall be possible to prepare related comparative
charts in the offered foreign currency converted to INR as per the conversion factor
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defined. If the conversion factor has not been defined earlier at the NIT stage then
before opening of the comparative chart the system shall prompt the user to enter the
necessary conversion factor.
After evaluation process is over, the bid documents shall be stored in a secure manner
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with use of digital signatures etc. No tempering of these stored bids shall be possible as
they may be required to be produced legally on a later date.
The System must support separate workflows for Pre-Qualification, Technical,
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Commercial and Techno-commercial evaluation stages.
For each stage of evaluation, the approver shall have the following functionalities:
Approve the evaluation of the evaluator, Route the Evaluation to a specific person for
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view and comment either within the department or sub-department or between
different departments, Insert evaluation report
Facility shall exist to prepare the report of the evaluation committee with the help of
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pre designed templates. The report shall be submitted through an online approval
process in a desired/configured hierarchy.
The facility shall exist for preparation of online contracts/P.O.s with basic formats
readily available in the system. It shall be possible to insert any product specific
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conditions through a separate link or drop down menu or any other means so as to
insert the same in the contract.
Provision of awarding contract to one or more bidders based on tender conditions after
proper approval through online approval process as in other modules of this tender.
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The parameter and percentage of quantity to each vendor shall be pre-defined at the
time of NIT preparation.
Create, approve and dispatch intimation of acceptance of tender for successful bidder
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and unsuccessful bidders.
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Create & Dispatch of purchase order to the selected single Suppliers
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Create & Dispatch of split/part purchase orders to the selected Suppliers.
System should have provision to process tender fee. Bidders should be able to pay
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tender fee online
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Solution should have capability to handle EMD.
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Solution should be able to manage waiver of EMD or tender fee.
Reverse Auction
The system shall support wizard driven process to simplify auction creation and
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administration by an auction originator. It shall be possible to create reverse auctions.
The system shall allow users to be assign different roles like that of Administrator,
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Super-Originator, Originator, etc. especially for this auction module.
The system shall automatically extend the auction close time if last bid is received
during Y minutes of auction close time where Y is configurable by administrator
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before the start of auction or Y shall be a global parameter in the system configurable
globally.
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The auction module shall provide the facility of allowing the originator to specify a
Reserve Price for an auction. The Reserve Price shall not be visible to the bidder
The originator shall be able to specify the Bid Decrement/Increment i.e. the minimum
amount by which each succeeding bid of a bidder shall be lower/higher.
There shall be a facility to support proxy bidding for suppliers
The system must provide a view of auction items allowing fast and easy bidding by
suppliers in case of multiple line items.
The system shall support Reverse auctions.
The system shall support configuring of different auction rules like lowest/highest bid
wins or highest/lowest quantity wins etc.
The system shall support Multi Variable Bidding, assigning weights to different
variables and formula creation in an auction.
The system shall have capability to allow user to assign weight-ages to different
suppliers based on their past performance and quality in an auction as well as
commercial evaluation.
During an auction event, the suppliers shall be able to see the going lowest price in real
time.
The suppliers must not be able to see the other suppliers name/ details, bids etc
involved in a bidding process.
The system shall provide for an administrative tool which offers the flexibility to quickly
define the set business rules, including users, starting/stopping/modifying auctions,
categories, system preferences etc
User shall be able to auto-approve or manually approve the winner in the auctions.
The system shall enable an auction originator to copy a previous auction instead of
entering all the data required for creation of an auction again from a sample auction
database.
Import capabilities to automatically create auctions from data in Excel spreadsheets
instead of data-entry or cloning existing auctions.
Export capabilities for extraction of data from the auction system into a flat file or Excel
spreadsheet
Email notification of auction events with customizable email messages.
The system shall be flexible so that:
i) Unlimited categories, sub-categories and attributes for an item can be defined.
ii) Auction rules shall be configurable to fit any business need.
iii) Both auto-approval and manual approval of auctions shall be permitted,
configurable.
The system shall allow Suppliers (bidders) to belong to user group(s), which can be
associated with categories and auctions. Therefore, a supplier shall only view and
participate in auctions, which they are allowed to bid for.
The system must allow for the auction event dashboard that would allow user to
centrally monitor the price movement in a graphical form, date & time of bid and name
of supplier across multiple auction events.
The system must allow user to view the list of all the suppliers who are logged into the
auction software at any time.
The system must dynamically show the auction bid summary and history along with
KMRL-Confidential
AGREEMENT
Provision of Project Services for ERP Implmentation for KMRL
AGREEMENT No._________
This AGREEMENT (hereinafter called the Agreement) is made on the _________ day of
the month of ________ 2***, between, on the one hand, the Kochi Metro Rail Limited (hereinafter
called the KMRL which expression shall include their respective successors and permitted assigns,
unless the context otherwise requires) and, on the other hand, ________________________
(hereinafter called the System Integrator which expression shall include their respective
successors and permitted assigns).
KMRL-Confidential
The KMRL vide its Request for Proposal (RFP No.----------) for appointment of System
Integrator (hereinafter called the SI) for Implmentation of ERP Solution at Kochi Metro
Rail Limited (hereinafter called the Project);
B.
The System Integrator submitted its proposals for the aforesaid work, whereby the System
Integrator represented to the KMRL that it had the required professional skills, and in the
said proposals the System Integrator also agreed to provide the Services to the KMRL on the
terms and conditions as set forth in the RFP and this Agreement; and
C.
The KMRL, on acceptance of the aforesaid proposals of the System Integrator, awarded the
Project to the System Integrator vide its Letter of Award dated _____________ (the LOA);
and
D.
In pursuance of the LOA, the parties have agreed to enter into this Agreement.
GENERAL
1.1
1.1.1
The words and expressions beginning with capital letters and defined in this Agreement
shall, unless the context otherwise requires, have the meaning hereinafter respectively
assigned to them:
(a)
Additional Costs shall have the meaning set forth in Clause 6.1.2;
(b)
(c)
Agreement Value shall have the meaning set forth in Clause 6.1.2;
(d)
Applicable Laws means the laws and any other instruments having the force of law
in India as they may be issued and in force from time to time;
(e)
Confidential Information shall have the meaning set forth in Clause 3.3;
(f)
Conflict of Interest shall have the meaning set forth in Clause 3.2 read with the
provisions of RFP;
(g)
(h)
Effective Date means the date on which this Agreement comes into force and
effect pursuant to Clause 2.1;
(i)
Expatriate Personnel means such persons who at the time of being so hired had
their domicile outside India;
KMRL-Confidential
(k)
Member, in case the System Integrator consists of a consortium of more than one
entity, means any of these entities, and Members means all of these entities;
(m)
Party means the KMRL or the System Integrator, as the case may be, and Parties
means both of them;
(n)
Personnel means persons hired by the System Integrator or by any SubContractors of the System integrator, as employees or retainers and assigned to
the performance of the Services the Project or any part thereof;
(o)
Resident Personnel means such persons who at the time of being so hired had
their domicile inside India;
(p)
RFP means the Request for Proposal document in response to which the System
Integrators proposal for providing Services was accepted;
(q)
(r)
(s)
Third Party means any person or entity other than the Government, the KMRL,
the System Integrator or a Sub-contractor of the System Integrator.
All terms and words not defined herein shall, unless the context otherwise requires,
have the meaning assigned to them in the RFP.
1.1.2
The following documents along with all addenda issued thereto shall be deemed to form
and be read and construed as integral part of this Agreement and in case of any
contradiction between or among them the priority in which a document would prevail over
another would be as laid down below beginning from the highest priority to the lowest
priority:
(a)
Agreement
(b)
Annexes of Agreement
(c)
(d)
(e)
Letter of Award
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All documents forming part of the Agreement are to be taken as mutually explanatory of
one another. In the event of any conflict, the terms of the Agreement (including the
Schedules and appendices) shall prevail over any other document. In case of conflict
between RFP (as may be amended) and the Proposal by the SI, the provisions mentioned in
the RFP (including its annexures, addenda and pre-bid clarifications issued for the RFP) shall
prevail over the Proposal.
1.2
1.3
1.4
(a)
The System Integrator shall carry out the Services or the Project in accordance with
the provisions of the Agreement; and
(b)
The KMRL shall make payments to the System Integrator in accordance with the
provisions of the Agreement.
Language
All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way relevant to
this Agreement shall be in writing and in English language.
1.6
1.7
Notices
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Any notice or other communication to be given by any Party to the other Party
under or in connection with the matters contemplated by this Agreement shall be
in writing and shall:
(a)
In the case of the System Integrator, be given by facsimile or e-mail and by letter
delivered by hand to the address given and marked for attention of the System
Integrators Representative set out below in Clause 1.10 or to such other person as
the System Integrator may from time to time designate by notice to the KMRL;
provided that notices or other communications to be given to an address outside
Kochi may, if they are subsequently confirmed by sending a copy thereof by
registered acknowledgement due, air mail or by courier, be sent by facsimile or email to the number/address as the System Integrator may from time to time specify
by notice to the KMRL;
(b)
In the case of the KMRL, be given by facsimile or e-mail and by letter delivered by
hand and be addressed to the KMRL with a copy delivered to the KMRL
Representative set out below in Clause 1.10 or to such other person as the KMRL
may from time to time designate by notice to the System Integrator; provided that
if the System Integrator does not have an office in Kochi it may send such notice by
facsimile or e-mail and by registered acknowledgement due, air mail or by courier;
and
(c)
1.8
Location
1.8.1
The Services or the Project shall be performed at the offices of the KMRL in accordance with
the provisions of RFP and at such locations as are incidental thereto, including the offices of
the System Integrator.
1.8.2
The KMRL may require the personnel to spend the required man-hours at the offices of the
KMRL and the System Integrator agrees and undertakes to provide such services on a best
effort basis and without any unreasonable delay.
1.9
Authorised Representatives
1.9.1
Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Agreement by the KMRL or the System Integrator, as the case may
be, may be taken or executed by the officials specified in this Clause 1.10.
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The KMRL may, from time to time, designate one of its officials as the KMRL Representative.
Unless otherwise notified, the KMRL Representative shall be:
************
***********
***********
***********
Tel: ******** Fax: ********* email: *********
1.9.3
The System Integrator may designate one of its employees as System Integrators
Representative. Unless otherwise notified, the System Integrators Representative shall be:
---------------------------
2.
2.1
2.2
Commencement of Services
The System Integrator shall commence the Services or the Project within a period of 15
(Fifteen) days from the Effective Date, unless otherwise agreed by the Parties.
2.3
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Expiration of Agreement
Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall,
unless extended by the Parties by mutual consent, expire upon (i) expiry of a period of 60
(sixty) days after the selection of the agency for implementation of project; (ii) the expiry of
1 (one) year from the Effective Date, whicher is early. Upon Termination, the KMRL shall
make payments of all amounts due to the System Integrator hereunder.
2.5
Entire Agreement
2.5.1
This Agreement and the Annexes together constitute a complete and exclusive statement of
the terms of the agreement between the Parties on the subject hereof, and no amendment
or modification hereto shall be valid and effective unless such modification or amendment
is agreed to in writing by the Parties and duly executed by persons especially empowered in
this behalf by the respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Agreement are abrogated and withdrawn;
provided, however, that the obligations of the System Integrator arising out of the
provisions of the RFP shall continue to subsist and shall be deemed to form part of this
Agreement.
2.5.2
Without prejudice to the generality of the provisions of Clause 2.5.1, on matters not
covered by this Agreement, the provisions of RFP shall apply.
2.6
Modification of Agreement
Modification of the terms and conditions of this Agreement, including any modification of
the scope of the Services, may only be made by written agreement between the Parties.
Pursuant to Clauses 4.2.3 and 6.1.3 hereof, however, each Party shall give due
consideration to any proposals for modification made by the other Party.
2.7
Force Majeure
2.7.1
Definition
(a)
For the purposes of this Agreement, Force Majeure means an event which is
beyond the reasonable control of a Party, and which makes a Partys performance
of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes, but is not limited to, war,
riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action (except where such
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Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Partys Sub-Contractor or agents or employees,
nor (ii) any event which a diligent Party could reasonably have been expected to
both (A) take into account at the time of the conclusion of this Agreement, and (B)
avoid or overcome in the carrying out of its obligations hereunder.
(c)
Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
(b)
A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than 14 (fourteen)
days following the occurrence of such event, providing evidence of the
nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c)
During the period of its inability to perform the Services as a result of an event of
Force Majeure, the System Integrator shall be entitled to be reimbursed for
additional costs reasonably and necessarily incurred by it during such period for the
purposes of the Services and in reactivating the Services after the end of such
period.
2.7.6 Consultation
Not later than 30 (thirty) days after the System Integrator has, as the result of an
event of Force Majeure, become unable to perform a material portion of the
Services, the Parties shall consult with each other with a view to agreeing on
appropriate measures to be taken in the circumstances.
2.8
Suspension of Agreement
The KMRL may, by written notice of suspension to the System Integrator, suspend
all payments to the System Integrator hereunder if the System Integrator shall be in
breach of this Agreement or shall fail to perform any of its obligations under this
Agreement, including the carrying out of the Services; provided that such notice of
suspension (i) shall specify the nature of the breach or failure, and (ii) shall provide
an opportunity to the System Integrator to remedy such breach or failure within a
period not exceeding 15 (fifteen) days after receipt by the System Integrator of such
notice of suspension.
2.9
Termination of Agreement
The System Integrator fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of
suspension pursuant to Clause 2.8 hereinabove, within 15 (fifteen) days of
receipt of such notice of suspension or within such further period as the
KMRL may have subsequently granted in writing;
(b)
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(c)
The System Integrator fails to comply with any final decision reached as a
result of arbitration proceedings pursuant to Clause 9 hereof;
(d)
The System Integrator submits to the KMRL a statement which has a material
effect on the rights, obligations or interests of the KMRL and which the
System Integrator knows to be false;
(e)
(f)
(g)
The KMRL, in its sole discretion and for any reason whatsoever, decides to
terminate this Agreement.
The KMRL fails to pay any money due to the System Integrator pursuant to this
Agreement and not subject to dispute pursuant to Clause 9 hereof within 45
(forty five) days after receiving written notice from the System Integrator that
such payment is overdue;
(b)
(c)
(d)
The KMRL fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 9 hereof.
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Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or upon
expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or expiration, or which
expressly survives such Termination; (ii) the obligation of confidentiality set forth in
Clause 3.3 hereof; (iii) the System Integrators obligation to permit inspection,
copying and auditing of such of its accounts and records set forth in Clause 3.5, as
relate to the System Integrators Services provided under this Agreement, and (iv)
any right or remedy which a Party may have under this Agreement or the Applicable
Laws.
2.9.4 Cessation of Services
Upon termination of this Agreement by notice of either Party to the other pursuant
to Clauses 2.9.1 or 2.9.2 hereof, the System Integrator shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to a
close in a prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to documents
prepared by the System Integrator and materials furnished by the KMRL, the
System Integrator shall proceed as provided respectively by Clauses 3.8 or 3.9
hereof.
2.9.5 Payment upon Termination
Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof, the
KMRL shall make the following payments to the System Integrator (after offsetting
against these payments any amount that may be due from the System Integrator to
the KMRL):
(a)
(b)
(c)
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3.
3.1
General
3.1.1
Standards of Performance
The System Integrator shall perform the Services and carry out its
obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe and effective
equipment, machinery, materials and methods. The System Integrator
shall always act, in respect of any matter relating to this Agreement or
to the Services, as a faithful adviser to the KMRL, and shall at all
times support and safeguard the KMRL's legitimate interests in any
dealings with Sub-Contractor or Third Parties.
3.1.2
3.2
Conflict of Interest
3.2.1
The System Integrator shall not have a Conflict of Interest and any breach hereof shall
constitute a breach of the Agreement.
3.2.2
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3.2.4
(a)
(b)
(c)
At any time, such other activities as have been specified in the RFP as Conflict
of Interest.
3.2.5
The System Integrator and its Personnel shall observe the highest standards of ethics and
not have engaged in and shall not hereafter engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
Prohibited Practices). Notwithstanding anything to the contrary contained in this
Agreement, the KMRL shall be entitled to terminate this Agreement forthwith by a
communication in writing to the System Integrator, without being liable in any manner
whatsoever to the System Integrator, if it determines that the System Integrator has,
directly or indirectly or through an agent, engaged in any Prohibited Practices in the
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Without prejudice to the rights of the KMRL under Clause 3.2.5 above and the other rights
and remedies which the KMRL may have under this Agreement, if the System Integrator is
found by the KMRL to have directly or indirectly or through an agent, engaged or indulged
in any Prohibited Practices, during the Selection Process or before or after the execution of
this Agreement, the System Integrator shall not be eligible to participate in any tender or
RFP issued during a period of 2 (two) years from the date the System Integrator is found by
the KMRL to have directly or indirectly or through an agent, engaged or indulged in any
Prohibited Practices.
3.2.7
For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a)
(b)
(c)
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3.3
(d)
(e)
Confidentiality
The System Integrator, its Sub Contractor and the Personnel of either of them shall not,
either during the term or within Three years after the expiration or termination of this
Agreement disclose any proprietary information, including information relating to reports,
data, drawings, design software or other material, whether written or oral, in electronic or
magnetic format, and the contents thereof; and any reports, digests or summaries created
or derived from any of the foregoing that is provided by the KMRL to the System Integrator,
its Sub-Contractor and the Personnel; any information provided by or relating to the KMRL,
its technology, technical processes, business affairs or finances or any information relating
to the KMRLs employees, officers or other professionals or suppliers, customers, or
contractors of the KMRL; and any other information which the System Integrator is under
an obligation to keep confidential in relation to the Project, the Services or this Agreement
("Confidential Information"), without the prior written consent of the KMRL.
Notwithstanding the aforesaid, the System Integrator, its Sub-Contractor and the Personnel
of either of them may disclose Confidential Information to the extent that such Confidential
Information:
(a)
was in the public domain prior to its delivery to the System Integrator, its SubContractor and the Personnel of either of them or becomes a part of the public
knowledge from a source other than the System Integrator, its Sub-Contractor
and the Personnel of either of them;
(b)
was obtained from a third party with no known duty to maintain its
confidentiality;
(c)
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(d)
3.4
3.4.1
The System Integrators liability under this Agreement shall be determined by the
Applicable Laws and the provisions hereof.
3.4.2
The System Integrator shall, subject to the limitation specified in Clause 3.4.3, be liable to
the KMRL for any direct loss or damage accrued or likely to accrue due to deficiency in
Services rendered by it.
3.4.3
The Parties hereto agree that in case of negligence or wilful misconduct on the part of the
System Integrator or on the part of any person or firm acting on behalf of the System
Integrator in carrying out the Services,The Project, the System Integrator, with respect to
damage caused to the KMRLs property, shall not be liable to the KMRL:
i.
ii.
3.5
3.6
(a)
Keep accurate and systematic accounts and records in respect of the Services
provided under this Agreement, in accordance with internationally accepted
accounting principles and standards such as Indian Accounting Standards,
GAAP, etc and in such form and detail as will clearly identify all relevant time
charges and cost, and the basis thereof (including the basis of the System
Integrators costs and charges); and
(b)
In case required by the KMRL, the System Integrator shall provide copies of
such records up to one year from the expiration or termination of this
Agreement.
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Appointing such members of the professional personnel as are not listed in Annex
2;
(b)
(c)
Entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-Contractors and the terms and
conditions of the subcontract shall have been approved in writing by the KMRL prior
to the execution of the subcontract, and (ii) that the System Integrator shall remain
fully liable for the performance of the Services by the Sub-Constractor and its
Personnel pursuant to this Agreement; or
(d)
3.7
Reporting obligations
3.7.1
The System Integrator shall submit to the KMRL the reports and documents specified in the
Agreement, in the form, in the numbers and within the time periods set forth therein.
3.8
3.8.1
All reports and other documents (collectively referred to as Project Documents) prepared
by the System Integrator (or by the Sub-Contractor or any Third Party)in performing the
Services shall become and remain the property of the KMRL, and all intellectual property
rights in such Project Documents shall vest with the KMRL. Any Project Document, of which
the ownership or the intellectual property rights do not vest with the KMRL under law, shall
automatically stand assigned to the KMRL as and when such project Document is created
and the System Integrator agrees to execute all papers and to perform such other acts as
the KMRL may deem necessary to secure its rights herein assigned by the System Integrator.
3.8.2
The System Integrator shall, not later than termination or expiration of this Agreement,
deliver all Project Documents to the KMRL, together with a detailed inventory thereof. The
System Integrator shall not retain any of such Project Documents. The System Integrator, its
Sub-Contractor or a Third Party shall not use these Project Documents for purposes
unrelated to this Agreement without the prior written approval of the KMRL.
3.8.3
The System Integrator shall hold the KMRL harmless and indemnified for any losses, claims,
damages, expenses (including all legal expenses), awards, penalties or injuries (collectively
referred to as Claims) which may arise from or due to any unauthorised use of such
Project Documents, or due to any breach or failure on part of the System Integrator or its
Sub-Contractor or a Third Party to perform any of its duties or obligations in relation to
securing the aforementioned rights of the KMRL.
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3.10
3.11
Accuracy of Documents
The System Integrator shall be responsible for accuracy of the documents drafted and/ or
vetted and data collected by it directly or procured from other agencies/authorities,
estimates and all other details prepared by it as part of these services. Subject to the
provisions of Clause 3.4, it shall indemnify the KMRL against any inaccuracy in its work
which might surface during implementation of the Project, if such inaccuracy is the result of
any negligence or inadequate due diligence on part of the System Integrator or arises out of
its failure to conform to good industry practice. The System Integrator shall also be
responsible for promptly correcting, at its own cost and risk, the documents including any
re-survey / investigations.
4.
4.1
4.2
Deployment of Personnel
4.2.1
The designations, names and other particulars of each of the System Integrators Key
Personnel required in carrying out the Services are described in Annex-2 of this Agreement.
The estimate of Personnel costs and manday rates are specified in Annex-3 of this
Agreement.
4.2.2
Adjustments with respect to the estimated periods of engagement of Personnel set forth in
the aforementioned Annex-3 may be made by the System Integrator by written notice to
the KMRL, provided that (i) such adjustments shall not alter the originally estimated period
of engagement of any individual by more than 30% (thirty per cent), and (ii) the aggregate
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If additional work is required beyond the scope of the Services or the Project specified in
the Terms of Reference, the estimated periods of engagement of Personnel, set forth in the
Annexes of the Agreement may be increased by agreement in writing between the KMRL
and the System Integrator, provided that any such increase shall not, except as otherwise
agreed, cause payments under this Agreement to exceed the Agreement Value set forth in
Clause 6.1.2.
4.3
Approval of Personnel
4.3.1
The Key Personnel listed in Annex-2 of the Agreement are hereby approved by the KMRL.
No other Key Personnel shall be engaged without prior approval of the KMRL.
4.3.2
If the System Integrator hereafter proposes to engage any person as Professional Personnel,
it shall submit to the KMRL its proposal along with a CV of such person in the form provided
at AppendixI (Form-11) of the RFP. The KMRL may approve or reject such proposal within
14 (fourteen) days of receipt thereof. In case the proposal is rejected, the System Integrator
may propose an alternative person for the KMRLs consideration. In the event the KMRL
does not reject a proposal within 14 (fourteen) days of the date of receipt thereof under
this Clause 4.3, it shall be deemed to have been approved by the KMRL.
4.4
4.5
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Project Manager
The person designated as the Project Manager (the Project Manager) of the System
Integrators Personnel shall be responsible for the coordinated, timely and efficient
functioning of the Personnel. In addition, the System Integrator shall designate a suitable
person as Project Management System Integrator who shall be responsible for day to day
performance of the Services.
4.7
The System Integrator may, with prior written approval of the KMRL, engage additional SubContractors or substitute existing Sub-Contractors. The hiring of Personnel by the Subcontractors shall be subject to the same conditions as applicable to Personnel of the
System Integrator under this Clause 4.
5.
5.1
5.2
(a)
Provides the System Integrator, its Sub-Contractors and Personnel with work
permits and such other documents as may be necessary to enable the System
Integrator, its Sub-Contractors or Personnel to perform the Services;
(b)
Facilitates prompt clearance through customs of any property required for the
Services; and
(c)
The KMRL warrants that the System Integrator shall have, free of charge,
unimpeded access to the site of the project in respect of which access is required
for the performance of Services; provided that if such access shall not be made
available to the System Integrator as and when so required, the Parties shall agree
on (i) the time extension, as may be appropriate, for the performance of Services,
and (ii) the additional payments, if any, to be made to the System Integrator as a
result thereof pursuant to Clause 6.1.3.
5.3
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If, after the date of this Agreement, there is any change in the Applicable Laws with
respect to taxes and duties which increases or decreases the cost or reimbursable
expenses incurred by the System Integrator in performing the Services, by an
amount exceeding 2% (two per cent) of the Agreement Value specified in Clause
6.1.2, then the remuneration and reimbursable expenses otherwise payable to the
System Integrator under this Agreement shall be increased or decreased
accordingly by agreement between the Parties hereto, and corresponding
adjustments shall be made to the aforesaid Agreement Value.
All service tax and other taxes other than income tax, as may be applicable from
time to time, on the payment of the professional fees to the System Integrator.
5.4
Payment
6.1
6.1.1 An abstract of the cost of the Services payable to the System Integrator is set forth
in Annex-5 of the Agreement.
6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to Clauses 4.2.2
and 6.1.3, the payments under this Agreement shall not exceed the agreement
value specified herein (the Agreement Value). The Parties agree that the
Agreement Value is Rs. . (Rs. .), which does not include the
Optional Costs specified in Annex-5(the Optional Costs).
6.1.3 Notwithstanding anything to the contrary contained in Clause 6.1.2, if pursuant to
the provisions of Clause 2.6, the Parties agree that additional payments shall be
made to the System Integrator in order to cover any additional expenditures not
envisaged in the cost estimates referred to in Clause 6.1.1 above, the Agreement
Value set forth in Clause 6.1.2 above shall be increased by the amount or amounts,
as the case may be, of any such additional payments.
6.2
Currency of payment
All payments shall be made in Indian Rupees. The System Integrator shall be free to
convert Rupees into any foreign currency as per Applicable Laws.
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6.3
The System Integrator shall be paid for its services as per the Payment Schedule at
Annex-6 of this Agreement, and based on the project milestone completion &
acceptance of deliverables, Clauses 3 of the TOR, and the rates specified in Annex-5
of this Agreement, subject to the System Integrator fulfilling the following
conditions:
i.
No payment shall be due for the next stage till the System Integrator
completes to the satisfaction of the KMRL the work pertaining to the
preceding stage; and
ii.
The KMRL shall pay to the System Integrator, only the undisputed
amount.
(b)
The KMRL shall cause the payment due to the System Integrator to be made within
30 (thirty) days after the receipt by the KMRL of duly completed bills with necessary
particulars (the Due Date).
(c)
The final payment under this Clause 6.3 shall be made only after the final
Deliverable shall have been submitted by the System Integrator, followed by a
request for issue of Completion Certificate to the KMRL and the final deliverable is
approved as satisfactory and a Completion Certificate issued by the KMRL. The
Services shall be deemed completed and finally accepted by the KMRL and the final
Deliverable shall be deemed approved by the KMRL as satisfactory upon expiry of
60 (sixty) days after receipt of the final Deliverable unless the KMRL, within such 60
(sixty) day period, gives written notice to the System Integrator specifying in detail,
the deficiencies in the Services. The System Integrator shall thereupon promptly
make any necessary corrections and/or additions, and upon completion of such
corrections or additions, the foregoing process shall be repeated until the KMRL
accepts all the deliverables under the contract. The KMRL shall make the final
payment upon acceptance of the final Deliverable by the KMRL.
(d)
Any amount which the KMRL has paid or caused to be paid in excess of the amounts
actually payable in accordance with the provisions of this Agreement shall be
reimbursed by the System Integrator to the KMRL within 30 (thirty) days after
receipt by the System Integrator of notice thereof. Any such claim by the KMRL for
reimbursement must be made within 1 (one) year after receipt by the KMRL of a
final report in accordance with Clause 6.3 (c). Any delay by the System Integrator in
reimbursement by the due date shall attract simple interest @ 10% (ten per cent)
per annum.
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7.
7.1
All payments under this Agreement shall be made to the account of the System
Integrator as may be notified to the KMRL by the System Integrator.
Performance Security
7.1.1 For the purposes of this Agreement, performance security shall be deemed to be an
amount equal to 10% (ten per cent) of the Agreement Value (the Performance
Security); and the System Integrator shall require to provide Performance Security
in the form of a bank guarantee.
7.1.2 Notwithstanding anything to the contrary contained in Clause 7.1.1, as and when
payments become due to the System Integrator for its Services, the KMRL shall
retain by way of Performance Security, 10% (ten per cent) of all the amounts due
and payable to the System Integrator, to be appropriated against breach of this
Agreement or for recovery of liquidated damages as specified in Clause 7.2. The
balance remaining out of the Performance Security shall be returned to the System
Integrator at the end of three months after the expiry of this Agreement pursuant to
Clause 2.4 hereof. For the avoidance of doubt, the parties hereto expressly agree
that in addition to appropriation of the amounts withheld hereunder, in the event of
any default requiring the appropriation of further amounts comprising the
Performance Security, the KMRL may make deductions from any subsequent
payments due and payable to the System Integrator hereunder, as if it is
appropriating the Performance Security in accordance with the provisions of this
Agreement.
7.1.3 The System Integrator may, in lieu of retention of the amounts as referred to in
Clause 7.1.1 above, furnish a Bank Guarantee substantially in the form specified at
Annex-7 of this Agreement.
7.2
Liquidated Damages
8.
8.1
Good Faith
The Parties undertake to act in good faith with respect to each others rights under
this Agreement and to adopt all reasonable measures to ensure the realisation of
the objectives of this Agreement.
8.2
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9.1
SETTLEMENT OF DISPUTES
Amicable settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of
or in connection with this Agreement or the interpretation thereof.
9.2
Dispute resolution
9.2.1 Any dispute, difference or controversy of whatever nature howsoever arising under
or out of or in relation to this Agreement (including its interpretation) between the
Parties, and so notified in writing by either Party to the other Party (the Dispute)
shall, in the first instance, be attempted to be resolved amicably in accordance with
the conciliation procedure set forth in Clause 9.3.
9.2.2 The Parties agree to use their best efforts for resolving all Disputes arising under or
in respect of this Agreement promptly, equitably and in good faith, and further
agree to provide each other with reasonable access during normal business hours to
all non-privileged records, information and data pertaining to any Dispute.
9.3
Conciliation
In the event of any Dispute between the Parties, either Party may call upon Director
(Systems) KMRL and the Managing Partner/ Chairman of the Board of Directors of the
System Integrator or a substitute thereof for amicable settlement, and upon such
reference, the said persons shall meet no later than 10 (ten) days from the date of
reference to discuss and attempt to amicably resolve the Dispute. If such meeting does not
take place within the 10 (ten) day period or the Dispute is not amicably settled within 15
(fifteen) days of the meeting or the Dispute is not resolved as evidenced by the signing of
written terms of settlement within 30 (thirty) days of the notice in writing referred to in
Clause 9.2.1 or such longer period as may be mutually agreed by the Parties, either Party
may refer the Dispute to arbitration in accordance with the provisions of Clause 9.4.
9.4
Arbitration
9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause
9.3, shall be finally decided by reference to arbitration by an Arbitral Tribunal
appointed in accordance with Clause 9.4.2. Such arbitration shall be held in
accordance with the Rules of Arbitration of the International Centre for Alternative
Dispute Resolution, New Delhi (the Rules), or such other rules as may be mutually
agreed by the Parties, and shall be subject to the provisions of the Arbitration and
Conciliation Act,1996. The venue of such arbitration shall be Kochi and the language
of arbitration proceedings shall be English.
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9.4.2 Any unresolved dispute or difference whatsoever arising between the Parties to this
Agreement out of or relating to the construction, meaning, scope, operation or
effect of this Agreement or the validity of the breach thereof shall be referred to a
sole arbitrator to be appointed bymutual consent. The provisions of the Arbitration
and Conciliation Act, 1996 will be applicable and the award made there under shall
be final and binding upon the Parties hereto, subject to legal remedies available
under Applicable Law. Such differences shall be deemed to be a submission to
arbitration under the Indian Arbitration and Conciliation Act, 1996, or of any
modifications, rules or re-enactments thereof.
9.4.3 The arbitrators shall make a reasoned award (the Award). Any Award made in any
arbitration held pursuant to this Clause 9 shall be final and binding on the Parties as
from the date it is made, and the System Integrator and the KMRL agree and
undertake to carry out such Award without delay.
9.4.4 The System Integrator and the KMRL agree that an Award may be enforced against
the System Integrator and/or the KMRL, as the case may be, and their respective
assets wherever situated.
9.4.5 This Agreement and the rights and obligations of the Parties shall remain in full
force and effect, pending the Award in any arbitration proceedings hereunder.
10.
10.1
10.2
Statutory Obligations.
(a)
The Agreement shall be governed by and construed in accordance with the laws of
the Republic of India.
(b)
The System Integrator shall perform the Services in accordance with the Applicable
Laws and shall take all practicable steps to ensure that any Sub contractor of the
System Integrator, as well as the Personnel and agents of the System Integrator,
comply with the Applicable Laws
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11.
11.1
(b)
Each Party to the Agreement accepts that its individual conduct shall (to the extent
applicable to it) at all times comply with all Applicable Laws, rules and regulations. For
the avoidance of doubt the obligations of the Parties to this Agreement are subject to
their respective compliance with all Applicable Laws.
(c)
System Integrator agrees and undertakes to observe, adhere to, abide by, comply
with all Applicable Laws in force or as are or as made applicable in future, pertaining
to or applicable to them, their business, their employees or their obligations towards
them pursuant to the Project and shall indemnify, keep indemnified, hold harmless,
defend
and
protect
KMRL
and
its
employees/officers/staff/
personnel/representatives/agents from any failure or omission on its part to do so
and against all claims or demands of liability and all consequences that may occur or
arise for any default or failure on its part to conform or comply with the above and all
other statutory obligations arising therefrom.
(d)
System Integrator represents and warrants that it has obtained all the consents,
permissions, approvals, licenses, etc., as may be necessary or required for any of the
purposes of this Agreement or for the conduct of its own business under any
Applicable Law, government regulation/guidelines and shall keep the same valid and
in force during the Term and shall endeavour to promptly obtain all such future
approvals and consents from various departments as may be required in future under
any amendments in law or notifications issued by the government, and in the event of
any failure or omission to do so, shall indemnify, keep indemnified, hold harmless,
defend, protect and fully compensate KMRL and its employees/ officers/ staff/
personnel/ representatives/agents from and against all claims or demands of liability
and all consequences that may occur or arise for any default or failure on its part to
conform or comply with the above and all other statutory obligations arising
therefrom.
Miscellaneious
Independent Contractors
Nothing in this Agreement shall be construed as establishing or implying any partnership or
joint venture between the Parties to this Agreement and, except as expressly stated in this
Agreement, nothing in this Agreement shall be deemed to constitute any Parties as the
agent of any other Party or authorizes either Party:
(a)
(b)
(c)
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11.2
11.3
To commit the other Party in any way whatsoever without in each case obtaining the
other Party's prior written consent.
All terms and provisions of this Agreement shall be binding on and shall inure to the
benefit of both the Parties and their respective successors and permitted assigns.
(b)
System Integrator shall not assign this Agreement or any part hereof or any benefit or
interest therein without the prior written consent of KMRL
(c)
In the event of an assignment of this Agreement pursuant to the previous clause, the
System Integrator will not be released from any of its liabilities or obligations
hereunder. In the event of any permitted assignment of this Agreement by either
Party, the designated assignee will assume, in writing (in form and substance
reasonably satisfactory to the other Party), the rights and obligations of the assigning
Party under this Agreement.
(d)
(e)
Specific Performance.
System Integrator acknowledges and agrees that KMRL would suffer irreparable loss and
damage in the event any of the provisions of this Agreement are not performed in
accordance with their specific terms or are otherwise breached. Accordingly, System
Integrator agrees that KMRL shall be entitled to an injunction or such other equitable relief
without notice to System Integrator to prevent any breach of the provisions of this
Agreement and to enforce this Agreement specifically and the terms and provisions hereof
in any action instituted in any court having jurisdiction over the Parties and the matter, in
addition to any other remedy to which KMRL may be entitled, at law or in equity.
11.4
Severability.
If any provision of the Agreement, or any part thereof, shall be found by any court or
administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the
illegality, invalidity or unenforceability of such provision or part provision shall not affect
the other provisions of the Agreement or the remainder of the provisions in question which
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11.5
Waiver.
(a)
No waiver of any provision of this Agreement shall be effective unless set forth in a
written instrument signed by the Party waiving such provision. No failure or delay
by a Party in exercising any right, power or remedy under this Agreement shall
operate as a waiver thereof, nor shall any single or partial exercise of the same
preclude any further exercise thereof or the exercise of any other right, power or
remedy. Without limiting the foregoing, no waiver by a Party of any breach by any
other Party of any provision hereof shall be deemed to be a waiver of any
subsequent breach of that or any other provision hereof
(b)
Waiver including partial or conditional waiver, by either Party of any default by the
other Party in the observance and performance of any provision of or obligations
under this Agreement:
i.
ii.
iii.
iv.
11.6
Shall be in writing
Shall not operate or be construed as a waiver of any other or subsequent
default hereof or of other provisions of or obligations under this
Agreement;
Shall be executed by a duly authorized representative of the Party; and
Shall not affect the validity or enforceability of this Agreement in any
manner.
Survival
The termination of this Agreement shall in no event terminate or prejudice (a) any right or
obligation arising out of or accruing under this Agreement attributable to events or
circumstances occurring prior to such termination; (b) the provisions of this Agreement
that by their nature are intended to survive the termination of this Agreement, including
without limitation the provisions dealing with the Representations and Warranties of the
Parties, Termination, Confidentiality, Indemnity, Arbitration, Governing Law and Notice
respect
11.7
Professional Fees
All expenses incurred by or on behalf of each Party to this Agreement, including all fees of
agents, legal advisors, accountants and actuaries employed by either of the Parties in
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed in their
respective names as of the day and year first above written.
(Signature)
(Name)
(Designation)
(Address)
(Fax No.)
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2.
Terms of Reference
(Refer Clause 3.1.2)
(Reproduce from the RFP and the response of the System Integrator)
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Cost of Services
(Refer Clause 6.1)
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Payment Schedule
(Refer Clause 6.3)
The selected bidder for the project of ERP Implmentation would be paid by the KMRL as per the
schedule mentioned below:
S.No.
Deliverable
On Finalization
2.
At the completion
Preparation phase
of
Project
phase
3.
4.
5.
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To
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The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Guarantee.
(ii) The address, telephone no. and other details of the Head Office of the Bank as well
as of issuing Branch should be mentioned on the covering letter of issuing Branch.
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SCHEDULE-3
(See Clause 2.3.3)
1.
This Note further explains and illustrates the provisions of Clause 2.3 of the RFP and shall be
read together therewith in dealing with specific cases.
2.
3.
Conflict of interest may arise between the KMRL and a System Integrator or between System
Integrators and present or future concessionaries/ contractors. Some of the situations that
would involve conflict of interest are identified below:
(a)
(b)
Potential System Integrator should not be privy to information from the KMRL
which is not available to others.
(ii)
Potential System Integrator should not have defined the project when earlier
working for the KMRL.
(iii)
Potential System Integrator should not have recently worked for the KMRL
overseeing the project.
(ii)
(iii)
No System Integrator should bid for works arising from the project.
4.
5.
Another approach towards avoiding a conflict of interest is through the use of Chinese walls
to avoid the flow of commercially sensitive information from one part of the System
Integrators company to another. This could help overcome the problem of availability of
limited numbers of experts for the project. However, in reality effective operation of Chinese
walls may be a difficult proposition. As a general rule, larger companies will be more capable
of adopting Chinese walls approach than smaller companies. Although, Chinese walls have
been relatively common for many years, they are an increasingly discredited means of avoiding
conflicts of interest and should be considered with caution. As a rule, Chinese walls should be
considered as unacceptable and may be accepted only in exceptional cases upon full disclosure
by a System Integrator coupled with provision of safeguards to the satisfaction of the KMRL.
6.
Another way to avoid conflicts of interest is through the appropriate grouping of tasks. For
example, conflicts may arise if System Integrators drawing up the terms of reference or the
proposed documentation are also eligible for the consequent assignment or project.
7.
Another form of conflict of interest called scopecreep arises when System Integrators
advocate either an unnecessary broadening of the terms of reference or make
recommendations which are not in the best interests of the KMRL but which will generate
further work for the System Integrators. Some forms of contractual arrangements are more
likely to lead to scope-creep. For example, lump-sum contracts provide fewer incentives for
this, while time and material contracts provide built in incentives for System Integrators to
extend the length of their assignment.
8.
Every project contains potential conflicts of interest. System Integrators should not only avoid
any conflict of interest, they should report any present/ potential conflict of interest to the
KMRL at the earliest. Officials of the KMRL involved in development of a project shall be
responsible for identifying and resolving any conflicts of interest. It should be ensured that
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