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SBI INFRA MANAGEMENT SOLUTIONS PVT.LTD.

HEAD OFFICE-GROUND FLOOR RAHEJA CHAMBERS, FREE PRESS JOURNAL MARG, NARIMAN POINT, MUMBAI-21

Cover-A

(Technical Bid)

1) SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 60 KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PARALLEL REDUNDANT SYSTEM (PRS) AT SBI HRMS DEPARTMENT, 4TH FLOOR, BELAPUR RAILWAY STATION PREMISES, CBD, BELAPUR, NAVI MUMBAI- 400614

&

2) SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 120 KVA 2 NOS UPS

AND EACH UPS 30 MINUTES BATTERY BACK UP WITH PARALLEL REDUNDANT SYSTEM (PRS) AT SBI, LHO, BANDRA KURLA COMPLEX, MUMBAI- 400651

THROUGH E-REVERSE AUCTION OF PRICE-BID

TENDER NO.: SBIIMS/HO/ UPS/ 2017-18/1006

TENDER SUBMITTED BY:

NAME OF THE COMPANY : _____________________________

ADDRESS : _____________________________ _____________________________

EMAIL ID : ______________________________ MOBILE NO : ______________________________ DATE : ______________________________

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C O N T E N T S

Sl. No Clause No.

Description/ Clause Page No.

1 Eligibility Criteria 3 2 Company (OEMs) details 4-9 1 Notice Inviting Tender 10-13 2 Tender Form 14-15 3 Sample Business Rule Document 16-22 4 Process Compliance Statement (Annexure 1) 20 5 Price Confirmation Letter (Annexure 11) 21 6 Price Break Up (Annexure 111) 22 8 1 Terms and Conditions 23 9 1.1 Site Visit 23 10 1.2 Earnest Money 23 11 1.3 Initial Security Deposit 23 12 1.4 Security Deposit 23 13 1.5 Signing of Contract documents 24 14 1.6 Completion Period 24 15 1.7 Validity of Tender 24 16 1.8 Liquidated Damages 24 17 1.9 Rates & Prices 24 18 1.10 Contractor Obligation 25 19 1.11 Contractor Liability 26 20 1.12 Insurance 26 21 1.13 Termination 26 22 1.14 Insolvency 27 23 1.15 Force Majeure – Obligation of Parties 27 24 1.16 Confidentiality 28 25 1.17 Payments 28 26 1.18 Corrupt or Fraudulent Practice 29 27 1.19 Labour Law Compliances 29

28 1.20 Right to Verification 30

29 1.21 Inspection & Quality Control Tests 30 30 1.22 Insurance 31 31 2 Additional Condition 31 32 3 Scope of Work 32 33 4 Purchase Price 33 34 5 Delivery Installation Commissioning &

Documentation 33-34

35 6 Warranty Annual Maintenance Contract 34-36 36 7 Technical & Functional Specifications 36-41 37 8 Testing 41 38 9 Safety Measures at Site 42 39 10 Test Parameters 42-43 Articles of Agreement 44-47

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ONLY THOSE ORIGINAL EQUIPMENT MANUFACTURERS (OEMs) WHO WILL SATISFY THE BELOW MENTIONED MINIMUM ELIGIBILITY CRITERIA WILL BE ELIGIBLE FOR PARTICIPATION IN E-REVERSE AUCTION FOR PRICE-BID:

(1) ELIGIBILITY CRITERIA:

1.1 The Original Equipment Manufacturers (OEMs) should have minimum 7 years of experience in the field of undertaking similar works in Data Centers /Large financial Institutions/IT Complexes/Technology Parks/Multi- specialty Hospitals/similar organizations etc. viz: supply, installation, testing and commissioning of UPS system with Digital Signal Processing (DSP) controlled Microprocessor based technology true on-line UPS with provision for configuring TWO UPS system in parallel load sharing mode, maximum two nos. UPS system connected in parallel configuration in one cluster.

1.2 Have executed successfully similar works of comparable capacity of UPS during last 7 years (works completed on or after 01.04.2010 and up to 31.03.2017) individually costing as under:

1.2 a). Completed minimum three works of similar nature each costing not less than 26 Lakh.

OR

b). Completed minimum two works of similar nature each costing not less than 33 Lakh.

OR

c). Completed one work of similar nature costing not less than 52 Lakh.

1.3 Minimum yearly turnover of at least Rs. 25 lakh during last 3 years i.e FY 2014-15, 15-16 & 16-17.

1.4 The company should be profit making at least in one year during last three years i.e FY 2014-15, 15-16 & 16-17

1.5 Must have a full-fledged service set up in Mumbai for rendering after sales service.

1.6 Completed the work of Supply, installation, testing and commissioning of at least one units of UPS of 120 KVA capacity or more with Digital Signal Processing (DSP) controlled Microprocessor based technology true on-line UPS with provision for configuring TWO UPS system in parallel load sharing mode, maximum two nos. UPS system connected in parallel configuration in one cluster, during last 5 years in India and the same is in working condition/under AMC/Warranty (Please furnish full details of location, Contact person details with mobile number, e-mail ID etc.). (PLEASE ENCLOSE DOCUMENTORY PROOF AS ENCLOSURES TO SATISFY ABOVE MENTIONED ELIGIBILITY CRITERIA)

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DETAILS OF THE COMPANY (OEM)

(Please strike-off which is not applicable)

1 Name of the company

Full Postal Address of Firm

Contact Details (i) Phone No.

(ii) Mobile No.

(iii)Fax No.

(iv)e-mail Id

2 Year of establishment Please enclose documentary evidence (ENCLOSURE- A)

3 Constitution of Firm (Enclose certified copies of documents as evidence). (ENCLOSURE- B)

Sole proprietorship/ Partnership /Private Ltd. / Public Ltd. / Any other (Please specify)

4 Name of the Proprietor/Partners/Directors of the organization/firm with qualification. Enclose certified copies of document as evidence. (ENCLOSURE- C)

5 Name/s of authorized signatory with designation

Bio-data of Partners/Directors ( Enclose separate sheet as ENCLOSURE-D)

Details of the person having valid DSE to

participate in E-Reverse Auction.

Name:

Designation:

Mobile No.:

E-mail ID:

6 Whether empanelled with Govt./Semi Govt/Banks or any other Public Organization and if so, since when & Where?(Enclose certified copies of document as evidence).

YES / NO

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(Enclose separate sheet as ENCLOSURE-E)

7 Yearly turnover of the organization during last 3 years (year wise) and furnish audited balance sheet and Profit & Loss A/c. (Audited) for the last 3 years certified by the auditor. (Enclose certified copies of documents as evidence ENCLOSURE- F)

2014-15 2015-16 2016-17 Average :

08 Banker’s Details Banker’s Name Full Postal Address

(iii) Telephone No.

Account No. (v) Type of Account

09 PAN No. Enclose certified copy of document as evidence (ENCLOSURE- G)

10 Whether registered with sales tax department, if yes, give details. GST NO. Please enclose documentary evidence (ENCLOSURE- H)

11 Whether last three years IT returns filed (Pl. enclose certified copies of the I T return of 2014-15, 2015-16, 2016-17) (Enclose certified copies of documents as ENCLOSURE- I as an evidence)

12 Details of major works executed & completed during last 7 years. ( ANNEXURE J)

Please fill up enclosed Annexure J & enclose copies of work completion certificates

13 Details of major works on hand (ANNEXURE K)

Please fill up enclosed Annexure K & enclose copies of LOI /work order / agreement

14 Details of Key Personnel Permanently employed. (Enclose separate sheet as ENCLOSURE- L)

Technical Personnel

Other Personnel

15 Whether any Civil Suit/litigation arisen in works executed during the last 7 years. If yes, please furnish the name of the project, employer, nature of work, contract value, work order and brief details of litigation. Give name of the Court, place and status of pending litigation.

Attach a separate sheet if required.

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16 Details of Service Setup in Mumbai Address Contact Person Name: Land Line Number: Mobile No.: E-mail ID: (Please enclose documentary proof as ENCLOSURE -M)

17 Details of 120 KVA capacity UPS with Digital Signal Processing (DSP) controlled Microprocessor based technology true on-line UPS with provision for configuring TWO UPS system in parallel load sharing mode, installed in India. Address Contact Person Name: Land Line Number: Mobile No.: E-mail ID: (Please enclose documentary proof as ENCLOSURE -N)

(Note : Please enclose all the Annexures with relevant supporting documents.) I/We hereby confirm and certify that the information given above is correct and true and the enclosures annexed herewith are genuine to the best of my / our knowledge. I /We understand that if at any stage it is found / noticed by the SBIIMS that any information thus provided by us is untrue / incorrect partly or fully and in case of receipt of adverse / unsatisfactory report from other clients / Bankers, the SBIIMS may not consider our application and / or may de-list us and / or may take any appropriate action against us. I /We also understand that partly / wrongly filled application and / or applications not on prescribed pro-forma and / or applications not accompanying relevant documents / enclosures / annexure are liable to be summarily rejected by the SBIIMS. I/ We confirm that all the Rules prevailing in the state, the Labour Laws, Risk Insurance obligations, State & Central Government statuary requirements are complied by us. I / We understand that this is pre-qualification cum tender & does not entitles us to be necessarily pre-qualified for participation in this tender by the SBIIMS and SBIIMS reserves the right to reject all and / or any tenders without assigning any reason whatsoever. SEAL OF THE FIRM (SIGNATURE OF AUTHORIZED SIGNATORY) PLACE : NAME : DATE

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ANNEXURE – J

LIST OF MAJOR WORKS EXECUTED AND COMPLETED DURING LAST 7 YEARS: (Enclose supporting documents)

Name of Authorized signatory Sign & seal of the applicant

Sr. No

Name of Client

Capacity of UPS

Installed

Estimated Value

Date of Start &

completion

Actual Period of

Completion

Remars (if any)

1 2 3 4 5 6 7

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ANNEXURE – K

LIST OF MAJOR WORKS ON HAND:

Name of Authorized signatory Sign & seal of the applicant

Sr. No

Name of Client

Capacity of UPS

Installed

Estimated Value

Date of Start

Expected date of

Completion

Remars (if any)

1 2 3 4 5 6 7

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CHECK LIST

SR.

NO. PARTICULARS SUBMITTED (Y or N)

1 Application Form

2 Enclosure-A

3 Enclosure- B

4 Enclosure C

5 Enclosure D

6 Enclosure E

7 Enclosure F

8 Enclosure G

9 Enclosure H

10 Enclosure I

11 Annexure-J

12 Annexure-K

13 Enclosure L

14 Enclosure M

15 Enclosure N

Name of Authorized Signatory Sign & seal of the applicant Date: Place:

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NOTICE INVITING TENDER (NIT)

SBI INFRA MANAGEMENT SOLUTIONS PVT. LTD. ON BEHALF OF THE STATE BANK OF INDIA INVITES TENDERS [TECHNICAL BID (SEALED COVER-A) AND INDICATIVE PRICE BID (SEALED COVER-B) IN HARD COPIES] FOLLOWED BY E-REVERSE AUCTION FROM THE ELIGIBLE ORIGINAL EQUIPMENT MANUFACTURERS (OEMs) OF UPSS FOR:

1) SUPPLY, INSTALATION, TESTING & COMMISSIONING (SITC) OF 60 KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI HRMS DEPARTMENT, 4TH FLOOR, BELAPUR RAILWAY STATION PREMISES, CBD, BELAPUR, NAVI MUMBAI. 400614 &

2) SUPPLY, INSTALATION, TESTING & COMMISSIONING (SITC) OF 120 KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI, LHO, BANDRA KURLA COMPLEX, MUMBAI. 400651

1 Name of the Work SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 60KVA 2NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI HRMS DEPARTMENT, 4TH FLOOR, BELAPUR RAILWAY STATION PREMISES, CBD BELAPUR, NAVI MUMBAI-400614

&

SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 120KVA 2NO UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI, LHO, BANDRA KURLA COMPLEX, MUMBAI-400651.

2 Date and Time where tender documents (both technical bid and indicative price bid) are available

Tender documents can be purchased from 19.12.2017 to up to 5:00 PM on 01.01.2018 from the Head Office of the SBIIMS at Ground Floor, Raheja Chambers, Free Press Journal Marg, Mumbai by paying tender fees of Rs. 4000/- (Rs. Four Thousand Only) in the form of Demand Draft/Banker’s Cheque drawn if favour of State Bank of India payable at Mumbai or can be downloaded from the Bank’s web-site i.e. www.sbi.co.in under “Procurement News” section. Those who will download the tender documents needs to attach tender fees of Rs.4000/- in the form of Demand Draft/Banker’s Cheque drawn if favour of SBI payable at Mumbai alongwith the Technical Bid

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(Cover-A).

3 Approximate cost of the Work

Rs. 65 Lakh

4 Cost of tender Rs.4000.00 ( Rupees Four Thousand Only) in the form of Demand Draft/Banker’s Cheque drawn in favour of State Bank of India Payable at Mumbai.

5 Earnest Money Deposit (EMD)

EMD’s Rs 65,000/-(Sixty Five Thousands Only) in the form of Demand Draft/Banker’s Cheque drawn in favour of SBI Payable at Mumbai and attach with the Technical Bid (Cover-A).

6 Initial Security Deposit

2% of the Value of the contract value including EMD

7 Date of issue / NIT From 11.00 AM on Dt. 19 .12.2017

8 Last date and time of submission of tenders documents in two separate sealed covers super scribed Technical Bid (Cover-A) and Indicative Price Bid (Cover-B) and both these two sealed envelopes shall be kept in a third sealed envelope super scribed “Tender for SITC of 2 Nos. 120 KVA and 2 Nos. 60 KVA UPS” at Mumbai.

Upto 3:00 PM on Dt. 04.01.2018

9 Pre-Bid meeting On 02.01.2018 at 12:30 AM at SBI Infra Management Solutions Pvt. Ltd. Head Office-Ground Floor Raheja Chambers, Free Press Journal Marg, Nariman Point, Mumbai-21

10 Opening of Technical Bid and Indicative price-bid

On 04.01.2018 at 3:30 PM

11 Date and time of E-Reverse Auction

The date and time of E-Reverse Auction to be intimated through mail to only successful bidders after technical evaluation.

10 Time allowed for completion

Supply of UPS’s (both UPS 60 & 120 KVA at respective places) at site within Eight weeks from the date of work order and Two weeks for installation, satisfactory completion of UPS from the date of delivery at site (Total 10 weeks)

13 Defects Liability Period 1 Year from the date of Virtual Completion.

14 Comprehensive Annual Maintenance Contract

5 years comprehensive (all in all) AMC after completion of the 1 year Defect Liability Period

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15 Validity of the offer 90 days from opening of Price- Bid

16 Liquidated Damages 0.50% per week subject to max 5%of the value of work

17 Value of Interim Certificate i) No advance amount payable ii) On supply-80% cost of UPS system (excluding cost of AMC) iii) On satisfactory completion of installation ,testing and commissioning : 10% cost of UPS’s system. iv) If delay occurs due to non availability of site clearances for UPS’s installation, 10% of tender amount will be released against Bank Guarantee subject to inspection of UPS’s system. v) Balance 10% of cost will be treated as retention money, which will be released after the defect liability period of one year from the date of commissioning of the system or against Bank guarantee of equal sum valid until expiry of defect liability period. vi) Annual Maintenance Contract (AMC) will be taken at the option of the Bank. The amount quoted for AMC should be for 5 years. However, Annual Maintenance charges will be paid at quarterly intervals in arrear for the year for which the Annual Maintenance is taken. vi) Bank is entitled to deduct all statutory taxes/dues as per the existing laws and rules.

18 Foreign Exchange No foreign exchange and / or import licence shall be released/ provided to the contractor in connection with this contract.

19 Checklist of item to be submitted in hard copies at SBIIMS, Head Office on or before closing date and time.

Signed Technical Bid in Cover-A & Indicative Price Bid in Cover-B in two separate sealed covers and both the sealed covers placed in a third sealed cover super scribed “Tender for SITC of 2 Nos. 120 KVA and 2 Nos. 60 KVA UPS” at Mumbai. Tender fees, if tender downloaded from web-site, EMD and all necessary documents to fulfil eligibility criteria etc. should be placed alongwith Technical bid in Cover-A.

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NOTES:-

1) The scanned and signed copies of declaration should be uploaded, failing which tender summarily rejected.

2) The scanned and signed copies of all documents, tender fees and EMD should be uploaded, failing which tender summarily rejected.

3) The Tender documents found partly or fully modified/ altered/ corrected etc. shall stand summarily rejected.

4) The Contractor should obtain permission for work from the competent authority of the Department/ Branch before start of the work and also ensure that normal functioning of the Department/Branch should not be disturbed.

5) Any damage caused to the Department/Branch during execution of the work shall be recovered from the contractor bill.

6) All necessary permissions/approvals from the local authorities and govt. bodies etc,. if any require to start the work is to be obtained by the contractor at his own cost and no extra payment shall be paid by the Bank to the contractor. However, any fees deposited by the contractor to the Govt. department shall be reimbursed to the contractor on production of the original receipt.

7) SBI/SBIIMS PVT.LTD. reserves the right to accept any or reject all the tenders without assigning any reasons for doing so.

Yours faithfully,

MD & CEO SBIIMS PVT.LTD., MUMBAI

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FORM TENDER

To, The MD & CEO, Head Office, SBI Infra Management Solutions Pvt. Ltd., Ground Floor, Raheja Chambers, Free Press Marg, Nariman Point, Mumbai- 400 021.

Dear Sir,

Having examined the drawings, specification, design and schedule of quantities relating to the works specified in the memorandum hereinafter set out and having visited and examined the site of the works specified in the said memorandum and having acquired the requisite information relating thereto as affecting the tender, I/We hereby offer to execute the works specified in the said memorandum at the rates mentioned in the attached Bill Of Quantities and in accordance in all respects with the specifications, design, drawings and instructions in writing referred to in conditions of tender, the Articles of Agreement, and additional Conditions of Contract and with such materials as are provided for by, and in all other respects in accordance with such conditions so far as they may be applicable.

MEMORANDUM

Description of work:

1) Supply, Installation, Testing and Commissioning (SITC) of 60 KVA 2 Nos UPS’s and each UPS with 30 minutes Battery Back up with PRS at SBI, HRMS Department, 4th floor Belapur Railway Station Premises, Belapur , Navi Mumbai

&

2) Supply, Installation, Testing and commissioning of 120KVA 2 Nos UPS’s and each UPS with 30 minutes Battery Back up with PRS at SBI, LHO, Bandra Kurla Complex, Mumbai

Earnest Money: ₹. 65,000/-

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Payment shall be made according to Notice Inviting Tender, Sr.no 17, Interim certificate and total amount to be retained till completion of one year defect liability period is maximum 10% of contract value including EMD & Security Deposit

Time allowed for completion of the Works from date of work order: 8 weeks for supply of UPS’s at site and two weeks for installation, testing & satisfactory completion of entire work (total 10 weeks)

1) I / We have deposited a sum of ₹ ________/- (Rupees _________-Thousand only) of the total tender amount as Earnest Money in the form of Demand Draft/Banker’with the SBI, which amount is not to bear any interest. Should I / We fail to execute the Contract when called upon to do so I / We do hereby agree that this sum shall be forfeited by me/us to SBI Infra Management Solutions Pvt. Ltd.,.

2) Our Bankers are :

i)

ii)

The names of partners of our firm are: i) ii) Name of the partner of the firm

Authorised to sign

Or

(Name of person having Power of

Attorney to sign the Contract.

(Certified true copy of the Power

of Attorney should be attached)

Yours faithfully,

Signature of Contractors.

Signature and addresses of Witnesses

i)

ii

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SAMPLE BUISNESS RULE DOCUMENT

BUISNESS RULE DOCUMENT OF ONLINE E-TENDERING FOR PROPOSED SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 60KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI HRMS DEPARTMENT,4TH FLOOR,BELAPUR RAILWAY STATION PREMISES, CBD, BELAPUR, NAVI MUMBAI. 400614 & SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 120KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI, LHO, BANDRA KURLA COMPLEX, MUMBAI. 400651 EMPLOYER NAME Head Office,

SBI Infra Management Solutions Pvt. Ltd., Ground Floor, Raheja Chambers, Free Press Marg, Nariman Point, Mumbai- 400 021.

E-TENDERING/E- REVERSE AUCTION TO BE CONDUCTED BY

E-Procurement Technologies Ltd.(ETL) Ankit Limbachiya B-705, Wall street II, Opposite Orient Club, Near Gujarat college, Ahmedabad- 380006, Phone: 079-40016826 MailId :ankit.limbachiya@procuretiger.com: Website Details: https://sbi.abcprocure.com/EPROC

DATE & TIME OF E-REVERSE AUCTION

The date and time of E-Reverse Auction to be intimated through Letter/E-mail to only successful bidders after technical evaluation

DOCUMENTS ATTACHED

Business rules for E-tendering

(A) Terms & conditions of E-tendering

(B) Process compliance statement (Annexure – I)

(C) Price Confirmation Letter (Annexure III)

(D) Price break up (Annexure III)

(E) Contact Information

SPECIAL INSTRUCTIONS

Bidding in the last minutes and seconds should be avoided in the bidders own interest Neither the Service Provider nor SBIIMSPL will be responsible for any lapses /failure on the part of the vendor, in such cases.

Important Note: As per the new Inter-operability guidelines released by Controller of Certifying Authorities (CCA), the Secured Socket Layer (SSL) certificate for an E-tendering application is generated on a new algorithm, SHA2. Also, the Digital Signature Certificates

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that will be applicable for these platforms have to be SHA2 algorithm compliant. For the same, the users have to ensure that they have Windows XP (SP3) / Windows Vista / Windows 7 installed in their respective PC / Laptop. In case of Windows XP service pack -3, if you get any issue you can install the SSL patch, which is available at our download section of our e-Tender/e-E-tendering Portal and also at our corporate website www.E-tenderingtiger.net just below the label of “Download”.

(A) Business rules for E-tendering:

Against this Enquiry for the subject item/system with detailed scope of work as per our specification, SBIIMSPL may resort to “E-TENDERING PROCEDURE” i.e. ON LINE BIDDING on INTERNET.

1. For the proposed e-tendering, only empanelled vendors with SBIIMSPL in respective category shall be eligible to participate.

2. SBIIMSPL will engage the services of a service provider who will provide all necessary training and assistance before commencement of on line bidding on Internet.

3. SBIIMSPL will inform the vendor in writing in case e-tendering, the details of service provider to enable them to contact and get trained.

4. Business rules like event date, closing and opening time etc. also will be communicated through service provider for compliance.

5. Vendors have to send the mail the compliance form in the prescribed format (provided by service provider) before start of E-tendering. Without this the vendor will not be eligible to participate in the event.

6. E-tendering will be conducted on schedule date & time.

7. At the end of e-tendering event, the lowest bidder value will be known on the network.

8. The lowest bidder has to mail the duly signed filled-in prescribed format as provided on case-to-case basis to SBIIMSPL through service provider within 24 hours of E-tendering without fail.

9. In case SBIIMSPL decides not to go for E-tendering procedure for this tender enquiry, the price bids and price impacts, if any already submitted and available with SBIIMSPLs hall be opened as per SBIIMSPL standard practice.

10. The e-tendering will be treated as closed only when the bidding process gets closed in all respects for the item listed in the tender.

(B) Terms & conditions of E-tendering:

SBIIMSPL shall finalize the Tender through e-tendering mode. SBIIMSPL has made arrangement with M/s. E-tendering Technologies Ltd, Ahmedabad (ETL) who shall be SBIIMSPL’s authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same along with your Commercial Bid.

1. Computerized E-tendering shall be conducted by SBIIMSPL, on pre-specified date, while the vendors shall be quoting from their own offices/ place of their choice. Internet

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connectivity and other paraphernalia requirements shall have to be ensured by vendors themselves. In the event of failure of their Internet connectivity, (due to any reason whatsoever it may be) it is the bidders’ responsibility. In order to ward-off such contingent situation bidders are requested to make all the necessary arrangements/ alternatives such as back –up power supply whatever required so that they are able to circumvent such situation and still be able to participate in the e-

tendering successfully. Failure of power at the premises of vendors during the E-tendering cannot be the cause for not participating in the e-tendering. On account of this the time for the E-tendering cannot be extended and SBIIMSPL is not responsible for such eventualities.

2. ETL shall arrange to train your nominated person(s), without any cost to you. They shall also explain you all the Rules related to the E-tendering. You are required to give your compliance on it before start of bid process.

3. BIDDING CURRENCY AND UNIT OF MEASUREMENT: Bidding will be conducted in

Indian currency & Unit of Measurement will be displayed in Online E-tendering.

4. BID PRICE: The Bidder has to quote the rate as per the Tender Document provided by State Bank of India or their appointed architects.

5. VALIDITY OF BIDS: The Bid price shall be firm for a period specified in the tender document and shall not be subjected to any change whatsoever.

6. At the end of the e-tendering, bidder has to provide the price confirmation letter & a detail

break up for his lowest offer within 24 hour of closing of E-tendering as per the Annexure III & IV respectively.

7. Procedure of E-tendering:

i. Online E-tendering :

Online e-reverse auction for price-bid will be open to only pre-qualified bidders and date and time for reverse auction will be intimated to only selected bidders through Letter/E-mail. Successful vendor shall be required to submit the final prices, quoted during the exactly in the format issued by SBIIMSPL/Service provider after the completion of E-tendering to SBIIMSPL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of E-tendering.

8. If no bid is received within the specified date & time, SBIIMSPL, at its

discretion, may decide to / scrap the e-tendering process / proceed with conventional mode of tendering.

9. Your bid will be taken as an offer to execute the work as specified. Bids once made by you,

cannot be cancelled / withdrawn and you shall be bound to supply as mentioned above at

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your final bid price. Should you back out and not supply as per the rates quoted, SBIIMSPL shall take action as appropriate.

10. LOG IN NAME & PASSWORD: Each Bidder is assigned a Unique User Name & Password

by ETL. The Bidders are requested to change the Password after the receipt of initial Password from ETL. All bids made from the Login ID given to the bidder will be deemed to have been made by the bidder.

11. BIDS PLACED BY BIDDER: The bid of the bidder will be taken to be an offer to execute the work. Bids once made by the bidder cannot be cancelled. The bidder is bound to execute the work as mentioned above at the price that they bid. Should any bidder back out and not execute the work as per the rates quoted, SBIIMSPL and / or ETL shall take action as appropriate.

12. At the end of the E-reverse auction, SBIIMSPL will decide upon the winner. SBIIMSPL’s decision on award of Contract shall be final and binding on all the Bidders.

13. SBIIMSPL shall be at liberty to cancel the e-tendering process / tender at any time, before ordering, without assigning any reason.

14. SBIIMSPL/ETL shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause.

15. Other terms and conditions shall be as per your techno-commercial offers and other correspondences till date.

16. You are required to submit your acceptance to the terms / conditions / modality (Technical bid given above before participating in the e-tendering.

17. E-TENDERING WINNER: At the end of the E-tendering, SBIIMSPL will evaluate all the bids submitted and will decide upon the winner.

19. OTHER TERMS & CONDITIONS: - The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with other suppliers / bidders.

The Bidder shall not divulge either his Bids or any other exclusive details of SBIIMSPL to any other party. SBIIMSPL’s decision on award of Contract shall be final and binding on all the Bidders. SBIIMSPL along with ETL can decide to extend, reschedule or cancel any E-tendering. ETL shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause. ETL is not responsible for any damages, including damages that result from, but are not limited to negligence. ETL will not be held responsible. for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.

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N.B.

- All the Bidders are required to submit the Process Compliance Statement (Annexure II) duly signed to M/s E-tendering Technologies Ltd, Ahmedabad.

- All the bidders are requested to ensure that they have a valid digital signature

certificate well in advance to participate in the online event.

PROCESS COMPLIANCE STATEMENT (ANNEXURE I)

(The bidders are required to print this on their company’s letter head and sign, stamp before emailing) To,

E-tendering Technologies Ltd.

AGREEMENT TO THE PROCESS RELATED TERMS AND CONDITIONS FOR THE ONLINE E-TENDERING FOR PROPOSED ARCHITECTURAL DYNAMIC ILLUMINATION OF HERITAGE BUILDING OF SBI, MUMBAI MAIN BRANCH, FORT, MUMBAI

Dear Sir,

This has reference to the Terms & Conditions for the E-tendering mentioned in the Tender document

This letter is to confirm that:

1) The undersigned is authorized representative of the company.

2) We have studied the Commercial Terms and the Business rules governing the E-tendering as mentioned in RFP of SBIIMSPL as well as this document and confirm our agreement to them.

3) We also confirm that we have taken the training on the E-tendering tool and have understood the functionality of the same thoroughly.

4) We confirm that SBIIMSPL and ETL shall not be liable & responsible in any manner whatsoever for my/our failure to access & bid on the e-E-tendering platform due to loss of internet connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the E-tendering event.

5) We also confirm that we have a valid digital signature certificate issued by a valid Certifying Authority.

6) We also confirm that we will mail the price confirmation & break up of our quoted price as per Annexure III & Annexure IV within 24 hour of the completion of the e-tendering and the format as requested by SBIIMSP-L/ETL

7) We, hereby confirm that we will honour the Bids placed by us during the E-tendering process. With regards,

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Date:

Signature with company seal

Name: Company / Organization: Designation within Company / Organization: Address of Company / Organization: Scan it and send to this Document on ---------------------------

(E) PRICE CONFIRMATION LETTER (ANNEXURE II) (The bidders are required to print this on their company’s letter head and sign, stamp before emailing) To, E-tendering Technologies Ltd. AGREEMENT TO THE PROCESS RELATED TERMS AND CONDITIONS FOR THE SUPPLY, INSTALATION,TESTING & COMMISSIONING OF 60KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI HRMS DEPARTMENT,4TH FLOOR,BELAPUR RAILWAY STATION PREMISES, CBD, BELAPUR, NAVI MUMBAI. 400614 AND SUPPLY, INSTALATION, TESTING & COMMISSIONING OF 120KVA 2 NOS UPS AND EACH UPS WITH 30 MINUTES BATTERY BACK UP WITH PRS AT SBI, LHO, BANDRA KURLA COMPLEX, MUMBAI. 400651 E-tendering Date: Dear Sir, We confirm that we have quoted. ------------------------------------------ (Rs.-----------------------------------) Thanking you and looking forward to the valuable order from SBIIMSPL. Yours sincerely, For _________________ Name: Company: Date: Seal:

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(F) PRICE BREAK UP (ANNEXURE III) Price Break up As per tender document Contact information E-tendering Technologies Ltd. SBI Infra Management Solutions Pvt.

Ltd.,

__________________________________ __________________________________ __________________________________

The MD & CEO, Head Office, SBI Infra Management Solutions Pvt. Ltd., Ground Floor, Raheja Chambers, Free Press Marg, Nariman Point, Mumbai- 400 021

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TERMS AND CONDITIONS: Tenders are invited by SBI Infra Management Solutions Pvt. Ltd. on behalf of State Bank of India for supply, supply, installation, testing and commissioning of 60 KVA 2 Nos UPS and each with 30 minutes battery back up at SBI, HRMS Department, 4th floor Belapur Railway Station Premises, Belapur , Navi Mumbai & Supply, Installation, Testing and commissioning of 120 KVA 2 Nos UPS and each UPS with 30 minutes battery back up at SBI, LHO, Bandra Kurla Complex, Mumbai

(1.1) Site Visit The tenderer must obtain himself on his own responsibility and his own expenses all information and data which may be required for the purpose of filling this tender document and enter into a contract for the satisfactory performance of the work. The Tenderer is requested satisfy himself regarding the availability of water, power, transport and communication facilities, the character, quality and quantity of the materials, labour, the law and order situation, climatic conditions local authorities requirement, traffic regulations etc; The tenderer will be fully responsible for considering the financial effect of any or all the factors while submitting his tender.

(1.2) Earnest Money a) The tenderers are requested to submit the Earnest Money Rs 65,000/- (Sixty Five Thousands Only) for 60 KVA UPS & for 120 KVA UPS in the form of Demand Draft or Banker’s Cheque in favour of SBI payable at Mumbai drawn on any Scheduled/ Nationalised Bank in India. b) security in any other form other than as specified above will not be accepted. Tender not accompanied by the EMD’ shall be rejected. c) No interest will be paid on the EMD. d) EMD of unsuccessful tenderers will be refunded within 30 days after award of Contract. e) EMD of successful tenderer will be retained as a part of Security Deposit.

(1.3) Initial Security Deposit The successful tenderer will have to submit a sum equivalent to 2% of accepted tender value less EMD by means of D/D drawn in favour of SBI payable at Mumbai within a period of 15 days of acceptance of tender.

(1.4) Security Deposit a) Total security deposit shall be 10% of the final value of the work. Out of this 2% of tender value (i.e. tender amount) is in the form of initial security deposit(ISD) which includes the EMD. Balance security deposit (i.e. 10% of final value of work less 2% of tender value already deposited as ISD) shall payable only after the defect liability period of one year from the date of commissioning of the system or against Bank Guarantee of equal sum valid until expiry of defect liability period. b) No interest shall be paid to the amount retained by the Bank as Security Deposit.

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(1.5) Signing of Contract Documents The successful tenderer shall be bound to implement the contract with SBI by signing an agreement and conditions of contract attached herewith within 07 days from the receipt of intimation of acceptance of his tender by the SBIIMS Pvt. Ltd. However, the written acceptance of the tender by the SBIIMS Pvt. Ltd will constitute a binding agreement between the SBI and successful tenderer whether such formal agreement is subsequently entered into or not.

(1.6) Completion Period: Supply of UPS’s (both UPS 60 & 120 KVA at respective places) at site within Eight weeks from the date of work order and Two weeks for installation, satisfactory completion of UPS from the date of delivery at site (Total 10 weeks)

(1.7) Validity of Tender : Tenders shall remain valid and open for acceptance for a period of 3 (Three) months from the date of opening price bid. If the tenderer withdraws his/her offer during the validity period or makes modifications in his/her original offer which are not acceptable to the SBIIMS Pvt. Ltd. without prejudice to any other right or remedy the SBIIMS Pvt. Ltd. shall be at liberty to forfeit the EMD.

(1.8) Liquidated damages If the Vendor fails to deliver any or all of the products or perform the services within the time

period(s) specified in the Contract and as per satisfaction of the SBIIMS/SBI, the Bank may,

without prejudice to its other remedies under the Contract, and unless otherwise extension of

time is agreed upon without the application of Liquidated Damages, Once the maximum

deduction is reached Bank also reserves the right to cancel the Purchase Order and forfeit the

EMD. In the event of such cancellation, the vendor is not entitled to any compensation,

whatsoever.

(1.9) Rates & Prices In case of item rate tender a) The tenderers shall quote their rates for individual items both in words and figures in case of discrepancy between the rates quoted in words and figures the unit rate quoted in words will prevail. If no rate is quoted for a particular item the contractor shall not be paid for that item when it is executed. The amount of each item shall be calculated and the requisite total is given. In case of discrepancy between the unit rate and the total amount calculated from multiplication of unit rate and the quantity the unit rate quoted will govern and the amount will be corrected. b) The tenderer is expected to quote the rate for certain items specified in Bill of Quantity as per the basic rate mentioned against the particular item. Basic rate means the rate of material/ item at Mumbai, exclusive of GST. Contractor has to give all the original purchase bills of all the materials delivered at site. c) The tenderers need not quote their rates for which no quantities have been given. In case the tenderers quote their rates for such items those rates will be ignored and will not be considered during execution.

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d) The tenderers should not change the units as specified in the tender. If any unit is changed the tenders would be evaluated as per the original unit and the contractor would be paid accordingly. The tenderer should not change or modify or delete the description of the item. If any discrepancy is observed he should immediately bring to the knowledge of the Architect/ Bank. e) Each page of the BOQ shall be signed by the authorized person and cutting or overwriting shall be duly attested by him. f) Each page shall be totalled and the grand total shall be given. g) The rate quoted shall be firm and shall include all costs (SITC), allowances, etc. excluding GST. GST shall be paid extra as per actual.

(1.10) Contractor Obligation

a) The SBIIMS/SBI shall have the right, within reason, to have any personnel removed who is considered to be undesirable or otherwise and similarly the Contractor reserves the right to remove any personnel with prior intimation to the SBIIMS/SBI.

b) The Contractor shall cover its personnel under insurance policy for personal accident and death whilst performing the duty and punctually pay each and every premium as and when the same shall become due during the currency of theses presents and the SBIIMS/SBI shall own no liability and obligation in this regard.

c) The Contractor shall exercise adequate supervision to reasonably ensure proper performance of Services in accordance with Scope of work

d) The Contractor shall issue identity cards / identification documents to all its employees who will be instructed by the Contractor to display the same.

e) All necessary reports and other information shall be supplied immediately as and when required and regular meetings will be held with the SBIIMS/SBI.

f) The service provider will be solely responsible for the employment of persons and payment of salaries, allowances and other benefits to his labourers and SBIIMS/SBI shall in no way responsible for the same. Contractor should not wait for the SBIIMS/SBI’s payment to pay to his labourers.

g) In case any personnel of the service provider suffers injury / damage or meets with an accident during the discharge of duties, the entire cost of compensation should be borne by the contractor and SBIIMS/SBI shall stand indemnified against any such claim for compensation.

h) The SBI/SBIIMS shall not be responsible fully or partly to any labour or other dispute that may arise between successful tenderer and their staff.

i) The contractor shall cover its personnel for personal accident and death whilst performing the duty and the Bank shall not own liability and obligations in this regard.

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(1.11) Contractor Liability

i) The Contractor shall completely indemnify and hold harmless the SBIIMS/SBI and its employees against any liability, claims, losses or damages sustained by it or them by reason of any breach of contract, wrongful act or negligence by the Contractor or any of its employees engaged in the provision of the services to the SBIIMS/SBI.

ii)The Contractor shall not Sub-Contract or Sub-let, transfer or assign the contract or any other part thereof. In the event of the contractor contravening this condition, SBIIMS/SBI shall be entitled to place the contract elsewhere at the contractor’s risk and cost and the contractor shall be liable for any loss or damage, which the SBIIMS/SBI may sustain in consequence or arising out of such replacing of the contract.

iii)The Contractor undertakes, accepts and admits absolute and complete responsibility for the service conditions, claim, damages and other compensations of the personnel enrolled by the contractor and will be liable for unequivocally assume responsibility for due compliance with all requirements of all statutory obligation, duties and liabilities (including insurance) and to pay all such claims, costs, damages, expenses, fines, penalties and compensation which may arise out of any claim, suit or prosecution for contravention thereof. The contractor shall indemnify and keep the bank indemnified from and against all such claims, demands, costs, charges, fines or penalties and compensations etc. if any as aforesaid.

iv) The Contractor shall arrange and pay for policy under the Public Liability Insurance Act, 1961 and insure and keep insured all materials which are or have been declared to be hazardous under the notifications issued or that may be issued from time to time under the above said Act or any Rule framed there under and which are used by the Contractor during course of the housekeeping services under these presents.

v) Ensure that no employees of the Contractor will enter or remain on the Bank’s premises beyond the specified time limits unless and absolutely necessary for fulfilling the Contractors obligations.

(1.12) Insurance

The registered agency shall arrange for ESIC / Workmen’s Compensation Insurance as required by Law and undertake to indemnify and keep indemnified the SBIIMS/SBI from against all manner of claims and demands and losses and damages and cost (including between Attorney and SBIIMS/SBI) and charges and expenses that may be in regard to the same or that the SBIIMS/SBI may suffer or incur with respect to and / or incidental to the same. (1.13) Termination

This Contract may be terminated by either party by giving written notice of two months to the other if

i) The other party is in material breach of its obligations under this agreement and / or, in the

case of such breaches capable of being remedied, fails to remedy that breach within thirty days of receiving notice of such breach; or

ii) The Contract may be terminated by the SBIIMS/SBI by giving written notice to the

Contractor, if:

a) In case of breach of any of terms and conditions of the Contract by the Contractor, the Competent Authority of the SBIIMS/SBI shall have the right to cancel the Contract

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without assigning any reason thereof. b) The Contractor does not provide services satisfactorily as per the requirements of the

SBIIMS/SBI and / or as per the scope of work.

c) The Contractor goes bankrupt and becomes insolvent. d)This agreement shall be terminated by efflux of time or earlier by two months’ notice in

writing at the option of the bank in the event of unsatisfactory performance or on breach of any of the stipulated conditions of failure to deliver qualitative dimension of the various services agreed upon by the Contractor under these presents. The Contractor is also entitled to terminate the contract, after giving two months’ notice in writing, if they so desire at any time during the course or the currency of this agreement.

e) If during the currency of the Contract, any Stature, rules/govt. notification prohibits

employment of the Contract Labour for the services envisaged under this agreement of otherwise, the contract shall come to an end forthwith and no compensation shall be payable to the Contractor or its workmen/employees.

1.14) Insolvency

The competent authority of the Office of the SBI/SBIIMS, Mumbai may at any time by notice in writing summarily terminate the contract without compensation to the contractor in any of the following events, that is to say:

i) If the contractor being an individual or if firm, any partner in the contractor’s firm, shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency not for the time being in force or shall make any convenience or assignment of his efforts or enter into any arrangements or composition with his creditors or suspend payment of if the firm be dissolved under partnership act, or ii) If the contractor being a company shall pass a resolution or the court shall make an order for the liquidation of the affairs or a receiver of manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or manager. iii) If the contractor commits any breach of this contract not herein specifically provided for: Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the SBIIMS/SBI and provided also that the contractor shall be liable to pay the SBIIMS/SBI for any extra expenditure, it is thereby put to but shall not be entitled to any gain on repurchased.

1.15) Force Majeure – Obligation of Parties

“Force Majeure” shall mean any event beyond the control of SBIIMS/SBI or of the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected, and which could not have been prevented by exercise of reasonable skill and care and good industry practices and shall include, without limitation, the following:

(i) War, hostilities, invasion, act of foreign enemy and civil war;

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(ii) Rebellion, revolution, insurrection, mutiny, conspiracy, riot, civil commotion and terrorist acts;

(iii) Strike, sabotage, unlawful lockout, epidemics, quarantine and plague; (iv) Earthquake, fire, flood or cyclone, or other natural/ manmade disaster;

As soon as reasonably practicable but not more than 48 (forty-eight) hours following the date of commencement of any event of Force Majeure, an Affected Party shall notify the other Party of the event of Force Majeure setting out, inter alia, the following in reasonable detail:

a)The date of commencement of the event of Force Majeure; b) The nature and extent of the event of Force Majeure; c) The estimated Force Majeure Period,

Reasonable proof of the nature of such delay or failure and its anticipated effect upon the

time for performance and the nature of and the extent to which, performance of any of its obligations under the Contract is affected by the Force Majeure.

The measures which the Affected Party has taken or proposes to take to alleviate/mitigate the

impact of the Force Majeure and to resume performance of such of its obligations affected thereby.

Any other relevant information concerning the Force Majeure and /or the rights and

obligations of the Parties under the Contract.

1.16) Confidentiality

a) Information relating to the examination, clarification, evaluation, and comparison of tenders, and recommendations for the award of a contract shall not be disclosed to tenderer or any other persons not officially concerned with such process until the notification of contract award is made.

b)Any effort by the tenderer to influence the SBIIMS/SBI in the SBIIMS/SBI's bid evaluation, bid comparison, or contract award decisions may result in the rejection of the Tenderer's bid. 1.17) Payments

a)After selection of the successful bidder as Contractor, a price schedule shall be annexed to the Articles of Agreement according to which all payments shall be made to the Contractor by the SBIIMS/SBI for the services rendered.

b)The prices in the Price Schedule shall be exclusive of GST or any other applicable taxes as may be levied by the Government from time-to-time and the same shall be charged in addition to the applicable rate.

c) The SBIIMS/SBI shall make all endeavour to make payments within 15-20 days from the date of the receipt of the invoice, to the Contractor.

d) All payments shall be made in Indian Currency by means of an Account Payee Cheques/ RTGS/ NEFT only.

e)SBIIMS/SBI shall be entitled to deduct in accordance with Applicable Law, Income Tax or withholding tax or other deductions (as the case may be), from any payments made to the Contractor, and the amount so deducted shall be deemed to be a payment made to the Contractor. SBIIMS/SBI shall provide a certificate certifying the deduction so made.

f) No payment shall be made in advance nor will any loan from any bank or financial institution be recommended on the basis of the order of award of work.

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1.18) Corrupt or Fraudulent Practice

a. The SBIIMS/SBI as well as Tenderer shall observe the highest standard of ethics during the procurement and execution of such contracts.

b. “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and.

c. Fraudulent practice” means a misrepresentation or omission of facts in order to Influence a procurement process or the execution of a contract to the detriment of SBIIMS/SBI and includes collusive practice among Tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the SBIIMS/SBI of the benefits of free and open competition.

d. “Collusive practice” means a scheme or arrangement between two or more tenderers, with or without the knowledge of the SBIIMS/SBI, designed to establish tender prices at artificial, non-competitive level; and.

e. “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or effect the execution of the contract.

f. The SBIIMS/SBI will reject a tender for award if it determines that the tenderer recommended for award has directly or through an agent engaged in corrupt or fraudulent practices in competing for the contract in question.

g. The SBIIMS/SBI will declare a firm or individual as ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that they have, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a contract. 1.19) Labour law Compliances

h. The engagement and employment of labours and payment of wages to them as per exiting provisions of various labour laws and regulations is the sole responsibility of the Contractor and any breach of such laws or regulations shall be deemed to be breach of this contract. The Contractor should possess, for the entire duration of theses presents, all licences and registrations as may be required under law and shall be responsible to register itself and obtain a valid licence under Contract labour (Regulation and Abolition) Act, 1970 and rules thereunder. The Contractor shall comply with all rules and regulations in force under the said Act and Rules.

i. The Contractor shall abide by all labours laws, laws related to EPF Organization, ESI Corporation, Workmen Compensation Act. The Contractor shall abide including but not limited to, matters relating to timely payment of wages and allowances, payment of minimum wages, payment of overtime, grant of leave, payment of workmen’s compensation, working hours, safety, maternity benefits, holidays, framing of standing orders, disciplinary action against employees, payment of provident fund contributions, payment of gratuities and payment of bonuses.

j. The contractor shall be liable for any legal dispute / case/ claims that arises or may arise during currency of the contact due to non-compliances of labour or other related laws.

k. The contractor shall be responsible for compliance of all the laws rules/regulations and Govt. instructions that are/will be applicable to and aimed to protect the interest of the employees/worker engaged by it and shall ensure payment of all the statutory dues/liabilities as may have arisen during the past ‘or’ may arise during the course of performance of contract.

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l. The Contractor shall submit periodical returns as may be specified from time to time. m. The Contractor shall comply with the provisions of State/Central Government rules and

regulations under Minimum Wages Act-1948, Contract Labour (Regulation and Abolition) Act-1970, Employee Liability Act-1938, Workmen’s Compensation Act-1923, Industrial Disputes Act- 1947, Employees State Insurance Act- 1948 or any modifications thereof or any other laws relating thereto and rules made there under from time to time.

n. The Contractor shall discharge obligations as provided under various applicable statutory enactment including EPF and Miscellaneous Provisions Act-1952, ESI Act-1948, The Employees State Insurance (ESI) Act-1948, The Contract Labour (R&A) Act-1970, The Minimum Wages Act-1948, The Payment of wages Act-1936 and other relevant act, rules and regulations instructions etc. issued/ enforced from time to time. (1.20) Right to Verification: The Bank reserves the right to verify any or all of the statements made by the Bidder in the

tender document and to inspect the Bidder’s facility, if necessary, to establish to its satisfaction about the Bidder’s capacity/capabilities to perform the job.

(1.21) Inspection & Quality Control Tests

i. The SBIIMS/SBI reserves the right to carry out pre-shipment factory / godown inspection by SBIIMS/ SBI Representative/Engineer or demand a demonstration of the product on a representative model at Bidder’s place.

ii. The Inspection and Quality Control tests before evaluation, prior to shipment of Goods and at the time of final acceptance would be as follows:

a) Inspection/Pre-shipment Acceptance Testing of Goods as per quality control formats

including functional testing, burn-in tests and mains fluctuation tests at full load, facilities etc., as per the standards specifications and may be done at factory site of the supplier before dispatch of goods, by SBIIMS/SBI representative /Engineer.

b) The supplier should intimate the Bank before dispatching the goods to various

locations/offices for conduct of pre-shipment testing. Successful conduct and conclusion of

pre-dispatch inspection shall be the sole responsibility of the supplier; c) Provided that the SBIIMS/SBI may, at its sole discretion, waive inspection of goods having

regard to the value of the order and/or the nature of the goods and/or any other such basis as

may be decided at the sole discretion of the SBIIMS/SBI meriting waiver of such inspection

of goods. d) In the event of the product failing to pass the acceptance test, as per the specifications given,

a period not exceeding two weeks will be given to rectify the defects and clear the acceptance

test, failing which, the Bank reserves the right to cancel the Purchase Order. e) The inspection and quality control tests may also be conducted at the point of delivery and /

or at the Goods’ final destination. Reasonable facilities and assistance, including access to

drawings and production data, shall be furnished to the inspectors, at no charge to the Bank.

In case of failure by the vendor to provide necessary facility / equipment at his premises, all

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the cost of such inspection like travel, boarding, lodging & other incidental expenses of the

Bank’s representatives to be borne by the vendor. f) Nothing stated herein above shall in any way release the supplier from any warranty or other

obligations under this Contract. iii. The Bank’s right to inspect, test and where necessary reject the products after the products

arrival at the destination shall in no way be limited or waived by reason of the products

having previously being inspected, tested and passed by the SBIIMS/SBI or its representative

prior to the products shipment from the place of origin by the Bank or its representative prior

to the installation and commissioning.

Iv. Nothing stated hereinabove shall in any way release the Vendor from any warranty or other

obligations under this contract. (1.22) Insurance

i. The insurance shall be for an amount equal to 110 percent of the value of the Products from

“Warehouse to final destination” on “All Risks” basis, valid for a period not less than one

month after installation and commissioning and issue of acceptance certificate by the Bank.

ii. Should any loss or damage occur, the Vendor shall:

a) initiate and pursue claim till settlement and

b) Promptly make arrangements for repair and / or replacement of any damaged item to the

satisfaction of the Bank, irrespective of settlement of claim by the underwriters.

(2) ADDITIONAL CONDITION

a) Resolution of dispute: In the event of any question, dispute or differences in respect of contract or terms and

conditions of the contract or interpretation of the terms and conditions or part of the terms and conditions of the contract arises, the parties may mutually settle the dispute amicably.

b) Arbitration: Any dispute and/or difference arising out of, or relating to this contract including

interpretation of its terms will be resolved through joint discussion of the authorised representatives of the parties. If the disputes are not resolved by discussions then the matter will be referred for adjudication to the arbitration of a single arbitrator to be appointed by mutual consent of the parties. The arbitration proceedings shall be conducted in Mumbai and in English language only and in accordance with the provisions of Arbitration & Conciliation Act 1996 or any statutory re-enactment thereof. The decision of the arbitrator shall be final and binding on the parties.

c) Governing Language: English language version of the contract shall govern its interpretation.

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d)Applicable Laws:

The contract shall be governed in accordance with the law prevailing in India, Act, Rules, Amendments and orders made thereon from time to time.

e) Indemnification:

The contractor shall indemnify the SBIIMS/SBI against all actions, suits, claims and demand or in respect of anything done or omitted to be done by contractor in connection with the contract and against any losses or damages to the SBIIMS/SBI in consequence of any action or suit being brought against the contractor for anything done or omitted to be done by the contractor in the execution of the contract.

f) Jurisdiction All the suits arising out of the contract shall be instituted in the court of competent jurisdiction situated in Mumbai only and not elsewhere.

g) Saving clause

No suits, prosecution or any legal proceedings shall lie against the SBIIMS/SBI, Mumbai or any person for anything that is done in good faith or intended to be done in pursuance of tender.

(3) SCOPE OF WORK Supply, Installation, testing and commission of 2 nos 60KVA UPS system with 30 minutes backup battery back up for each UPS system and 2 nos 120 KVA UPS system with 30 minutes battery back up for each UPS Scope includes supply of all interconnecting links for the Batteries in the Battery Banks and the connecting cable from the Battery Bank to the UPS systems. All the Batteries shall be properly placed in a suitable MS rack fabricated to suit the proposed Battery room The proposed 60KVA, 2 Nos UPSs system is for SBI HRMS Department, Belapur and 120KVA 2Nos UPS system is for SBI LHO, Mumbai. The successful bidder shall take necessary security and shutdown permissions from the official in charge of concerned Departments and arrange the installation activity accordingly. If the shutdown permission is given on any holiday or after the office hours or late night etc, the bidder has to arrange the work force accordingly to install and commission the UPS within the time slot given. If required, bidder to arrange for additional technicians as required to complete the work within the given time. No additional payments will be made on this account. The above condition holds good for the breakdown or preventive maintenance activities as well. Only technicians and Engineers with sufficient expertise shall be employed by the bidder to attend the breakdown activity or new installation in the HRMS Department as well as LHO, Mumbai. Any misbehaviour and misdeeds or activities not related to UPS installation or maintenance

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shall be viewed severely and appropriate action on the vendor will be taken. (4) PURCHASE PRICE

i. Bidders should ensure that exchange rate fluctuations, changes in import duty/other

taxes should not affect the rupee value of commercial bid over the validity period defined in this document

ii. The order will be placed for total Cost of “UPS and Batteries,

/firmware/services/warranty and AMC/ATS/S&S less buy back of old UPS &

batteries. Bank may also issue a separate order for AMC after expiry of the warranty

period. Cost of AMC, if opted, will be paid quarterly in arrears.

iii. The applicable TDS will be deducted at the time of payment of invoices.

iv. Terms of payment are given in Notice Inviting Tender of this Tender document.

v. Prices payable to the Vendor as stated in the Contract shall be firm and not subject to

adjustment during performance of the Contract, irrespective of reasons whatsoever,

including exchange rate fluctuations, any upward revision in duties, charges, etc.

vi. The new UPS’s and Batteries Costs shall be valid for one year from the Online- Reverse Auction Process

(5) DELIVERY INSTALLATION COMMISSIONING & DOCUMENTATION

i. The Vendor shall provide such packing of the products as is required to prevent its

damage or deterioration during transit thereof to the location given by the Bank. The

packing shall be sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperature, salt and precipitation during transit and

open storage. Size and weight of packing cases shall take into consideration, where

appropriate, the remoteness of the Products final destination and the absence of heavy

handling facilities at all transit points.

ii. Delivery, installation and commissioning of the equipment shall be made by the

Vendor in accordance with the system approved / ordered and within the time

schedule given in the Scope of work of this document.

iii. The delivery will be deemed complete when the equipment’s/ components/ associated

/ firmware are received in good working condition at the designated locations.

iv. The installation will be deemed to be completed, when the product including all the

UPS and Batteries, accessories/components, firmware/system , and other associated

have been supplied, installed and operationalised as per the technical specifications

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and all the features as per the technical specifications are demonstrated and

implemented as required, on the systems, to the satisfaction of the Bank. The Bidder

has to resolve any problem faced during installation and operationalisation.

v. In addition, vendor will supply all associated documentation relating to the

products/UPS and Batteries, system /firmware, etc.

vi. The details of the documents to be furnished by the Vendor are specified hereunder:- (a) 2 copies of Vendor’s Invoice showing contract number, products description,

quantity, unit price and total amount. (b) Delivery Note or acknowledgement of receipt of products from the Consignee or in

case of products from abroad, original and two copies of the negotiable clean Airway Bill.

(c) 2 copies of packing list identifying contents of each of the package. (d) Insurance Certificate. (e) Manufacturer’s / Vendor’s warranty certificate. vii. The above documents shall be received by the Bank before arrival of products (except

where it is handed over to the Consignee with all documents). If these documents are not received, the Vendor will be responsible for any consequent expenses.

(6) WARRANTY ANNUAL MAINTENANCE CONTRACT:

i. The selected Bidder shall support the product and its associated items/components including

OS/firmware during the period of warranty and AMC (if included in purchase order) as specified in Scope of work in this document from the date of acceptance of the product by

SBIIMS/SBI

ii. During the warranty and AMC period (if desired), the Bidder will have to undertake

comprehensive support of the entire product (UPS and Batteries/components/ operating

/firmware) supplied by the Bidder at no additional cost to the Bank. During the support

period, the Bidder shall maintain the product (UPS and Batteries/ , etc.) to comply with

parameters defined for acceptance criteria and the Bidder shall be responsible for all costs

relating to labour, spares, maintenance (preventive and corrective), compliance of security

requirements and transport charges from and to the Site (s) in connection with the repair/

replacement of the product (UPS and Batteries/ equipment/ components/ or any component/

part thereunder), which, under normal and proper use and maintenance thereof, proves

defective in design, material or workmanship or fails to conform to the specifications, as

specified.

iii. During the support period (warranty and AMC, if desired), the vendor shall ensure that

services of professionally qualified personnel are available for providing comprehensive on-

site maintenance of the product and its components as per the Bank’s requirements.

Comprehensive maintenance shall include, among other things, day to day maintenance of

the system as per the Bank’s policy, reloading of firmware/, compliance to security

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requirements, etc. when required or in the event of system crash/malfunctioning, arranging

and configuring facility as per the requirements of the Bank, fine tuning, system monitoring,

log maintenance, etc. The bidder shall provide services of an expert engineer at SBI GITC,

Belapur and SBI, LHO, Mumbai or at other locations wherever required, whenever it is

essential. In case of failure of product (UPS and Batteries, system or any of its components),

the Bidder shall ensure that product is made operational to the full satisfaction of the Bank

within the given timelines. The selected Bidder shall provide preventive maintenance

schedules as per periodicity, which shall be specified in advance.

iv. On site comprehensive warranty for the solution would include free replacement of spares,

parts, kits, resolution of problem, if any, in solution.

v. Support (Warranty/ AMC, if opted) would be on-site and comprehensive in nature and must

have back to back support from the OEM/Service Provider to the satisfaction of the Bank.

The vendor will warrant products against defect arising out of faulty design, materials, etc.

during the support period for the specified period. The vendor will provide support for

operating systems and other pre-installed components/system during the specified period of

the UPS and Batteries on which these and operating system will be installed. The vendor

shall repair or replace worn out or defective parts including all plastic parts of the

equipment’s at his own cost including the cost of transport.

vi. In the event of system break down or failures at any stage, protection available, which would

include the following, shall be specified. Diagnostics for identification of systems failures

a. Protection of data/ Configuration b. Recovery/ restart facility c. Backup of system / Configuration

viii. Prompt support shall be made available as desired in this RFP during the support period at the

locations as and when required by the Bank.

ix. The bidder shall be agreeable for on-call/on-site support during peak weeks (last and first week of each month) and at the time of switching over from PR to DR and vice-versa. No extra charge shall be paid by the Bank for such needs, if any, during the support period.

x. Bidder support staff should be well trained to effectively handle queries raised by the

customers/employees of the Bank.

xi. Updated escalation matrix shall be made available to the Bank once in each quarter and each

time the matrix gets changed.

Xii Compliance with IS Security Policy: The Vendor shall have to comply with Bank’s IT & IS Security policy in key concern areas relevant to the contract, details of which will be shared with the finally selected Bidder. Some of the key areas are as under:

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i. Responsibilities for data and application privacy and confidentiality ii. Responsibilities on system and access control and administration iii. Custodial responsibilities for data, , UPS and Batteries and other assets of the Bank

being managed by or assigned to the Vendor iv. Physical Security of the facilities v. Physical and logical separation from other customers of the Vendor vi. Incident response and reporting procedures vii. Password Policy of the Bank viii. Data Encryption/Protection requirements of the Bank. ix. In general, confidentiality, integrity and availability must be ensured.

(7) TECHNICAL & FUNCTIONAL SPECIFICATIONS ON-LINE UPS SYSTEM 60 KVA & 120KVA To qualify in the Technical Evaluation, a bidder must comply with all the requirements as

listed in the table below. Bidder(s) must submit their response in Yes or No only, any

compliance with qualified statement shall be treated as non-compliance.

Sl.No Description Specifications Compliance (Y /N)

Digital Signal Processing (DSP) controlled Microprocessr based technology true On-line configuration.

1

Technology

2 Load sharing

Provision for configuring TWO UPS system in parallel load sharing mode. Maximum two nos UPS system can be connected in parallel configuration in one cluster.

3 Paralleling of UPS Paralleling of UPS should be achieved by

paralleling the output on the power side using control logic signal bus. Each UPS should be capable of individually starting, running and feeding to the load apart from parallel operation. •Individual battery back up is necessary. •Inverters should be synchronized with common by pass supply if required •can be connected in parallel for forming N + 1(Configuration)

4 Inversion technique Adaptive pulse width modulation or sine

weighted pulse width modulation with high switching frequency

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5

Input Voltage range

380/400/415 V ± 20% In either case, there should be input to output isolation

Three phase: through separate isolation transformer

(External to UPS).

Note: Static bypass arrangement may be

connected in such a way that the input and output sides shall always remain galvanically isolated.

6 Input Frequency 47 Hz to 55 Hz

7 Generator Should be compatible with Generator

compatibility

8 Type of rectifier DSP controlled IGBT based Rectifier.

9 Duration in which

totally discharged batteries are to be recharged

8-10 hrs 10 Inverter

10.1 Technology DSP controlled PWM using IGBTs

Efficiencyof> 95 % Efficiency of > 95 % 10.2 Inverter 10.3 Output Voltage 380/400/415VAC ± 1% Above for 3Ph IP / 3Ph OP

10.4 Output Frequency 50 Hz ± 4% (Synchronous to mains)

50 Hz ± 0.1% (free running)

11 Power factor The UPS shall be provided with Active Input P.F.

Correction system to obtain P.F from 0.96 to Unity.

(where the connected load P.F varies from 0.8 to Unity)

12 Harmonic Distortion ≤ 5% at 50 % load (input current) 13 Wave form (output) Sine wave

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14 Crest factor >3

15 Overload capacity 110% for 10 minutes 150% for 1 minute

(during the test the load should not get transferredto

mains through static switch) 16 Efficiency AC/AC (Overall) At Full load > 94 % At 75 % load > 94 % At 50% load > 93 % At 25% load > 91 %

Definition of overall efficiency : It is the ratio of output power in KW to the

input power to the UPS system, keeping battery disconnected.

Penalty for lower efficiency: If the overall efficiency is found to be less than

the Bank’s specified value, the UPS is to be rejected and replacement passing

the test to be obtained. No further tolerance is permissible.

17 Operating Should be designed for delivering rated KVA at

temperature ambient temperature from 0 to 40 Degree Celsius,

however it should operate upto 50degree Celsius. 18 Relative Humidity 10-90% at 35 C non-condensing.

It should be capable to work in the entire geographical

region of the Circle including coastal region.

19 Noise level At 1 meter from the UPS ≤ 70 decibels (Prototype test

certificate required). 20 Charger Built in solid state float-cum-boost charger with

automatic boost/trickle charge modes with current limiting features. The charger characteristics will be such as to match the float / boost charging of the batteries as per battery characteristic, for enhancing the life of batteries. The charger is designed for at least 15% of the total

39

battery current.

21 Interface Facility

The UPS System has necessary hardware and software with RS 232 port to work on DOS/SCOUnix (Open Server) Novell Netware/Windows NT OS operating

Building Management System.

B) Remote Managibility through SNMP Facility. There

is facility to monitor & broadcast to servers whenever

necessary, conditions such as:

i) Power failure, backup time, low battery warning &

auto file closure.

ii) The software is capable of automatically closing the

files ("Auto File Closure" feature) in the server so that

the data/ programme files on the server are not lost / corrupted. 22 Protection a) Current limiting protection (Fuse less Electronic).

Built in overload/ short circuit protection with snubber

circuits for current limit. b) Soft start on inverter and charger arrangement. c) Phase locking mechanism for UPS and mains frequency. - for 3 phase output. d) Over voltage/ under voltage protection. e) Short circuit/ overload protection through MCB/ MCCB f) All other protection systems required for safety of

UPS system, such as over temperature protection etc.

g) Protection against earth leakage current by suitable protective devices like negative sequence current sensor/ RCCB. 23 *i) Thyristor based Bi-directional with change over time less than

10 milliseconds in free running mode and instantaneous in synchronous mode from inverter to by-pass and vice-versa.

Static (Auto) bye-pass switch

24 Indications a) Mains ON with phase indication for single phase/

3 phase separately for all the phases. b) Inverter ON/ OFF/ FAULTY/ TRIP (Reason) c) Charger ON/ FAULTY or TRIP (Reason) d) Battery Low e) Static by-pass ON

40

f) Over temperature g) % load

25 Alarm i) Low battery alarm and mains failure / load on battery

alarm provided. ii) Over temperature alarm in two stage : 1st stage : Warning 2nd stage : Tripping 26 Metering Digital Panel Meter duly calibrated to indicate the following a) AC Voltage: Input/ Output b) AC Current : Input/ Output

% Load DC Battery Voltage DC Charging/ Discharging Current Frequency- Input/ Output

27 System Controller The System controller is a redundant device that

provides; * All system measurements from modules and Static Switch. * Basic system configuration * Alarm indications * Power Analysis * Remote monitoring * Battery handling

In case of System controller failure, the operation of the

UPS should not change even though the UPS features

will not be available.

It should also be possible to replace System controller

without interrupting the UPS system operation 28 Event logging at Should be Available front panel 29 SNMP web Should be available

Monitoring and

software

Compatibility.

41

30 SMF Batteries set Make/Brands: Exide / Panasonic / CSB / Numeric / Complete with self Amararaja / Rocket / New Max standing cubicle or HBL.

cabinet Note: Only Valve Regulated Lead Acid (VRLA) type

SMF batteries of 20 Hour rating with electrolyte in paste

form are acceptable. Any other type including calcium

batteries are not acceptable. The sr.no., date and year

of manufacturing of batteries shall be specified. UPS vendors to specify, the make of battery they propose to use & submit

detailed literature of battery in the format given in Technical bid. The back-

up time at full load shall be 30 Minutes. Each cell voltage shall be considered

as 1.75V / cell). Minimum VAH required as per details as under:

UPS Capacity (KVA) 30 Minutes

60 69408 VAH 120 1,20,000 VAH (8) TESTING : i). The supplier shall have facilities to carry out all the tests at factory center, and tests will have to be satisfactorily carried out before acceptance. A list of tests prescribed are given below (Clause 10-Test Parameters). ii) Tests shall be carried out and certified by the manufacturer and also by the agencies specified here under (a). SAMEER (b).ETDC (c).ERTL (d) CPRI (e) ERDA Vadodara (f) I.I.T.s (g) NITs h) National Research & Technology Consortium, Parwanoo (H.P.), i) repute Engineering colleges ( discreation with LHO) j) Reginal Testing Centre ( E.R.), Govt. Of India, Kolkata, (k) SV University Tirupati/ JNTU, Hyderabad/ L D College of Engineering Ahemadabad (l) Electronis Quality Development Centre, Gandhinagar (m) iii)If the UPS does not conform to specifications either during factory test or at site, the Bank reserves the right to reject the same. The successful tenderer shall then have to remove the same at his cost from site and supply a new piece conforming to the specifications. iv) The Bank reserves the right to randomly decide to carry out testing of a few UPS systems

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at site after installation at the cost of UPS vendor, who will be required to arrange for all the requisite variacs, maters, loads etc. and carry out the tests through vendor’s personnel in the presence of Bank’s Officials. (9) SAFETY MEASURES AT SITE

1. All personnel at site should be provided with Helmets and Safety Boots with some Identification Mark. Visitors also should be provided with Helmets. It should be ensured that these are used properly.

2. First Aid Box should be kept at site with all requisite materials.

3. No one should be allowed to inspect / work at a height without Safety Belt.

4. Suitable scaffolds should be provided for workmen for all Works that cannot safely be done from the ground, or from solid construction except such short period Work as can be done

(10) TEST PARAMETERS

SR. PARAMETERS TO BE BANK’S TEST RESULTS /

NO. MEASURED SPECIFICATION REMARKS 1 Technology 2 Nominal Input Voltage 3 No Load Input Voltage Range

=Voltage Regulation 4 Input Frequency range (on

D.G.Set) 5 Input Power Factor 6 Inversion Technique 7 Capacity 8 Output Voltage 9 Output Frequency 10 Distortion (o/p voltage) THD 11 Crest Factor 12 Static bypass switch

43

13 Wave Form (output)

Efficiency Indications Alarm Metering DC Isolation between Input line & Output line Input Current Harmonics Batteries Rated KVA Charger Manual bypass switch Transient Response Overload capacity 110%& 150%

We confirm that we comply with all the specifications mentioned above & the terms & conditions mentioned in the Tender Document are acceptable to us.

Dated this ....... day of ............................ 2017 ______________________________________________________________ (Signature) (Name) (In the capacity of)

Duly authorised to sign Bid for and on behalf of

44

ARTICLES OF AGREEMENT This AGREEMENT is made at Mumbai on this ______________ day of ________________ between SBI, a statutory body established under Incorporated under the State Bank of India Act, 1955, having its Head Office at Nariman Point, Mumbai, represented by its authorized officer of SBI (hereinafter called “the Employer”) on the one part and____________ (proprietorship/partnership firm/Company), incorporated under the provisions of the Companies Act and having its registered office at ____________________________________________________________ (hereinafter called “the Contractor”) represented by Shri …………………… who is authorized to enter this agreement by its Board of Directors on the other part. AND WHEREAS the Employer has intention of engaging a contractor to provide certain services at their Supply, Installation, Testing & Commissioning of 60 KVA, 2 nos UPS at SBI HRMS Department, 4th floor, Belapur Railway Station Premises, CBD Belapur, Navi Mumbai-400614 and 120KVA, 2 Nos UPS at SBI LHO, BKC, Mumbai both UPS should have battery Back-up of 30 Min each. AND WHEREAS the Employer had called for tenders from eligible contractors to provide services at Bank’s offices at Supply, Installation, Testing & Commissioning of 60 KVA, 2 nos UPS at SBI HRMS Department, 4th floor, Belapur Railway Station Premises, CBD Belapur, Navi Mumbai-400614 and 120 KVA, 2 Nos UPS at SBI,LHO, BKC, Mumbai as indicated in the scope of work and other documents attached to the tender. AND WHEREAS the Contractor and others submitted the tenders and the Employer has awarded the contract relating to installation of Supply, Installation, Testing & Commissioning of 60 KVA 2 nos UPS at SBI HRMS Department, 4th floor, Belapur Railway Station Premises, CBD Belapur, Navi Mumbai-400614 and 120KVA, 2 Nos UPS at SBI LHO, BKC, Mumbai stated in the scope of work attached to the Tender Document to the Contractor. AND WHEREAS both the parties to this agreement are desirous of recording the terms and conditions upon which the said services are to be rendered by the Contractor. A. NOW IT IS HEREBY AGREED AS FOLLOWS: a) This agreement will come into effect from ___________ and will remain in force up to _________ or unless it is terminated as per the terms hereinafter contained. b) The charges of Rs. _____________ (Rupees____________________ only) covering the cost of Project for efficient rendering of the services shall be payable as per Payment terms of contract at the satisfactory completion of project subject to submission of bill/ invoice. The contractor has to take necessary approval of rates, make and model before installation from the banks Official. payment thereon will be made after the same is duly certified by the Bank’s officials to the effect that the project work completed satisfactorily, subject to statutory deductions. c) The contractor shall be responsible for providing services on regular basis as per the scope of work and terms and conditions of the contract.

45

B.TERMINATION OF AGREEMENT: 1. Without prejudice to what is contained hereinabove, the SBIIMS/SBI shall at its sole and absolute discretion, be entitled to terminate this agreement forthwith by written notice without assigning any reason and without payment of any compensation, if a) In the opinion of the SBIIMS/SBI (which shall not be called in question by the contractor and shall be binding on the contractor), the contractor fails or refuses to implement this agreement to the Bank’s satisfaction and/ or b) The contractor commits a breach of any terms and conditions of this agreement and /or c) For any reason whatsoever, the contractor becomes disentitled in lay to perform his obligations under this agreement and/or d) There is any variation in the ownership/partnership or management of the contractor or his business without the prior approval in writing of the bank to such variation. 2. In the event of termination of this agreement for any reason whatsoever, the contractor/ or persons employed by him or his/ her agents shall not be entitled for any sum or sums whatsoever from the Bank by way of compensation, damages or otherwise. C. STAMP DUTY: The contractor shall bear the stamp duty on the original of this agreement, which shall be executed in duplicate, and the SBIIMS/SBI shall retain the original and the contractor shall retain the duplicate. E. The contractor shall ensure payment of minimum wages to the workmen employed by him/ her/ them. F. The contractor shall indemnify and keep indemnified the SBIIMS/SBI against all losses and claims, damages or compensation for breach of any provisions of the payment of wages Act, 1936, Minimum Wages Act, 1948, Contract Labour (Regulation and Abolition) Act, 1970 or any other labour law/ statute in force in this regard. The contractor only shall be responsible for liabilities, if any, in this regard. D. The several parts of this contract have been read by the contractor and fully understood by the contractor. E. The Contractor shall not disclose directly or indirectly any information, materials and details of the Bank's infrastructure/systems/equipment’s etc., which may come to the possession or knowledge of the Contractor during the course of discharging the contractual obligations in connection with this agreement, to any third party and shall at all times hold the same in strictest confidence. The Contractor shall treat the details of the contract as private and confidential, except to the extent necessary to carry out the obligations under it or to comply with applicable laws. The Contractor shall not publish, permit to be published, or disclose any particulars of the works in any trade or technical paper or elsewhere without the previous written consent of the Employer. The Contractor shall indemnify the Employer for any loss suffered by the Employer as a result of disclosure of any confidential information. Failure to observe the above shall be treated as breach of contract on the part of the Contractor and the Employer shall be entitled to claim damages and pursue legal remedies. F. The Contractor shall take all appropriate actions with respect to his employees to ensure that the obligations of non-disclosure of confidential information under this agreement are fully satisfied. The Contractor's obligations with respect to non-disclosure and confidentiality will survive the expiry or termination of this agreement for whatever reason.

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I. The Employer reserves the right, without prejudice to the terms and conditions of this agreement, to alter the specifications and nature of the work by adding to or omitting any item of work or portions of the work/s being carried out at any time during the currency of contract, by issuing a letter to this effect to the Contractor. All payments by the Employer under this Contract will be made only at Mumbai. L. In consideration of the said Contract amount to be paid at the times and in the manner set forth in the said conditions, the Contractor shall, upon and subject to the said conditions execute and complete the work shown upon the said specifications and the schedule of quantities. M. The employer shall pay the contractor the said contract amount or such other sum as shall become payable at the times and in the manner specified in the said conditions. N. The said Conditions and Appendix thereto shall be read and construed as forming part of this agreement and the parties hereto shall respectively abide by, submit themselves to the said conditions and perform the agreements on their part respectively in the said conditions contained. The agreement and documents mentioned herein shall form the basis of this Contract.

Signed and delivered by SBI, Mumbai. (Name and Designation) In the presence of: Witnesses: 1.__________________________________________________________ Address: 2. ____________________________________________________________

If the contractor is a partnership or an Individual.

IN WITNESS WHEREOF The Employer and the Contractor have set their respective hands to these presents and two duplicates hereof the day and year first hereinabove written. IN WITNESS WHEREOF The Employer has set its hands to these presents through its duly authorised official and the Contractor has caused its common seal to be affixed hereunto and the said duplicate/ has caused these presents and the said two duplicate hereof to be executed on its behalf, the day and year first hereinabove written.

If the contractor is a company

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Address: If the party is a Partnership firm or individual:(Name and Designation) In the presence of: Witnesses: 1.__________________________________________________________ Address: 2. ____________________________________________________________ Address: Witnesses: THE COMMON SEAL OF ___________________ was hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on __________________ in the presence of (1) (2) Directors, who have signed these presents in token thereof in the presence of (1) (2) SIGNED AND DELIVERED BY The Contractor by the hand of Shri ____________________________________ And duly constituted attorney.