CGMIT/AMS/20-21/1 Version-2

Maharashtra State Electricity Distibution Co. Ltd.

Tender Details 18-08-2020 05:40:08
Tender Code CGMIT/AMS/20-21/1 VERSION- 2
Tender Type Works Tender
Type Of Bid Two Bid
Description Appointment of an Agency for Application
Maintenance Services (AMS) towards
development and maintenance of SAP – ERP,
HRMS, Payroll, ESS & Dashboard systems for 5
years. For details, please refer bid Notice on
[Link]
Estimated Cost (In Lakhs) 3178
Basis of prices NA
Tender Validity NA

Delivery Requirement (In Months) NA

Tender on rate contract basis NO

Tender Fee (In INR) 25000
GST In INR (@18% on Tender Fee: SAC 4500
Total Tender Fee Amount including GST in INR. 29500

Contact HASEEB KHAN , 9619191597

,itetender@[Link]
Pre-Qualifying Req Please refer Bid Notice on [Link]

Budget Type Revenue

Scheme Code NA
Scheme Name NA
Department Information Technology Department
Office Type HO
Location Type Corporate Office
Designation Programmer
Pre-Bid Meeting Address Chief General Manager IT,
MAHAVITARAN, Prakashgad, 4th Floor
Plot No G-9, A.K. Marg, Bandra East,
Mumbai 400051
Bid Opening Address Chief General Manager IT,
MAHAVITARAN, Prakashgad, 4th Floor
Plot No G-9, A.K. Marg, Bandra East,
Mumbai 400051
Version No 2
Call for Deviation NO
Is Annexure C1 Applicable NA
Is Manufacturer Applicable NO
Is Trader Applicable NO
Minimum % of Offered Quantity NA
Is Power Supplier Applicable NO
Tender Sale Start Date 18-08-2020 17:00

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 CGMIT/AMS/20-21/1 Version-2

Tender Sale End Date 11-09-2020 15:50

Bid Start Date 18-08-2020 18:00
Bid End Date 11-09-2020 16:00
Pre-Bid Meeting Date 28-08-2020 15:00
Techno-Commercial Bid opening on 11-09-2020 17:00
Price Bid opening on Will be declared later
Annexure C1 Opening Date NA
Winner Selection Date Will be declared later

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

Maharashtra State Electricity Distribution Company Limited

Tender No: CGM(IT)/AMS/ 20-21/1
Version V1.0
Date :

BID NOTICE
The Chief General Manager (IT), on behalf of Maharashtra State Electricity Distribution Company Limited (the
Employer), hereby invites sealed bids from eligible bidders for Tender for Appointment of an Agency for “Application
Maintenance Services (AMS) towards development and maintenance of SAP – ERP, HRMS, Payroll, ESS &
Dashboard systems for 5 years”. Entire bidding document is available on MSEDCL e-Tendering Website
[Link] as per date indicated below. Any changes in the Bid Schedule, corrigendum etc. shall
also be notified via MSEDCL’s website. Prospective bidders are therefore requested to regularly check the website for
any updates.

Tender Fee: Rs. 29,500/- (incl. 18% GST) via ONLINE PAYMENT ONLY (Non-Refundable)
Bid Security: The bid must be accompanied with Bid Security for an amount equal to Indian Rs.31,78,000 (Rupees
Thirty one lakhs seventy eight thousand) for covering the entire scope of work. The bid security shall be
denominated in Indian Rupees only. The bid security can be paid online on eTendering portal or can be in the form of
a Demand Draft or an Unconditional Bank Guarantee from any Nationalized / Scheduled Bank in favour of the
Maharashtra State Electricity Distribution Co. Ltd., payable at Mumbai as mentioned in details in Tender Document
(RFP).

The BG/DD EMD (original copy) should be submitted to this office on or before submission date and time.

Calendar of Events Event Date and Time

Begin Sale of RFP Document 18-08-2020
Date and time of Pre-BID Meeting 28-08-2020 at 15.00 Hrs.
Date and time of submission of Bids 11-09-2020 at 16.00 Hrs.
Date of Bid Opening 11-09-2020 at 17.00 Hrs.

Google Meet VC Link for Pre-Bid: [Link]

Qualifying Requirements:
1. The bidder should be a single company registered / incorporated in India under companies act 1956 and
2013 or LLP with registered office in India and should have been in operation in India, from minimum last 2
years. Consortium/Joint Venture is not allowed.

2. The Bidder should have Experience of minimum 5 years for successfully providing Operations and
Maintenance Support for SAP ERP in India in past 10 years.

3. The bidder must have minimum average annual turnover of Rs. 50 Crores of last three audited financial
years (2016- 17, 2017-18, 2018-2019).

4. The Bidder should have positive net worth for last three audited financial years (2016- 17, 2017-18, 2018-
2019).

5. The bidder’s relevant experience in Operations & Maintenance of the SAP ERP in India in past 10 years, for
minimum 5 years to any functionalities as mentioned in sr no. 2, as below :

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

a) One work order costing not less than Rs. 15 Crore Or

b) Two work orders costing not less than Rs. 8 Crores each Or
c) Three work orders costing not less than Rs. 6 Crores each
Above work orders may be for completed projects during last 5 years..

6. The Bidder should have minimum SEI CMMi level 3 certification.

7. The bidder company shall have a valid GSTN Number, PF Code and PAN.
8. The bidder company must have a team of at least 200 consultants on its rolls having experience in various
modules of SAP, in-memory database implementation (HANA), analytical & business intelligence reporting
and have sound knowledge of databases like Sybase.

9. The bidder must not be under a declaration of ineligibility / banned / blacklisted by any State or Central
Government / any other Government institutions in India for any reason as on last date of submission of the
Bid or convicted of economic offence in India for any reason as on last date of submission of the Bid. Lead
Bidder should comply all conditions mentioned in MSEDCL POLICY & PROCEDURE FOR DEBARRING OF
AGENCY (enclosed as Appendix 1).

10. Bidder should not have violated / infringed on any Indian or foreign trademark, patent, registered design or
other intellectual property rights any time anywhere in India.

Brief Scope of Work :

Bidder shall provide Application Maintenance Services (AMS) towards development and maintenance of all
SAP – ERP modules, SAP business intelligence suite for the period of 5 years as under:
i. Development and Maintenance of all existing SAP-ERP modules at MSEDCL (SAP-ERP modules are
FICO, MM, PM, PS, PO, HRMS, ESS and all custom developed modules on SAP platform) which
involves.
a. Functional Development and Configuration for SAP-ERP modules
b. ABAP Development
c. Basis and Database Management
d. Business Warehouse (BW)
e. Process Integration (PI)

f. Up-gradation of existing SAP-ERP system from ECC 6.0 EHP5 to EHP8 and Solution Manager
from 7.1 to 7.2 (latest version)
ii. Development and maintenance of Dashboards at MSEDCL :-
a. BOBJ development (Lumira / Xcalcius/ Webi/ Crystal reports/ Design studio/Data services etc).
b. Database Administration for Sybase IQ and HANA database.

iii. Development and maintenance of User Interface (UI) for Centralized Customer Billing system
developed in Java (Spring & Hibernate) and Sybase ASE 16 Enterprise Edition database.
iv. Application of latest patches to SAP-ERP & Databases as per requirement, from time to time.

Chief General Manager (IT),

th
MAHAVITARAN, Prakashgad, 4 Floor
Plot No G-9, A.K. Marg, Bandra (East),
Mumbai 400 051
Email – itetender@[Link]

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

REQUEST FOR PROPOSAL

Appointment of an Agency
for
Application Maintenance Services (AMS)
towards
Development and Maintenance of
SAP–ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

DISCLAIMER

All information contained in this RFP provided/ clarified are in the good interest and faith. This
is not an agreement and this is not an offer or invitation to enter into an agreement of any kind
with any party.

Though adequate care has been taken in the presentation of this RFP document, the interested
firms shall satisfy it-self that the document is complete in all respects. The information
published in this document is not intended to be exhaustive. Interested Bidders are required to
make their own enquiries and assumptions wherever required.

Intimation of discrepancy, if any, should be given to the specified office immediately. If no

intimation is received by this office by the date mentioned in the document, it shall be deemed
that the RFP document is complete in all respects and firms submitting their bids are satisfied
that the RFP document is complete in all respects.

Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) reserves the right to reject
any or all of the applications submitted in response to this RFP document at any stage without
assigning any reasons whatsoever. MSEDCL also reserves right to withhold or withdraw the
process at any stage with intimation to all who have submitted their bids in response to this
RFP. MSEDCL reserves the right to change/ modify/ amend any or all of the provisions of this
RFP document without assigning any reason. Any such change would be communicated to the
bidders by posting it on the website of MSEDCL ([Link]) or MSEDCL e-Tender
Website ([Link]

Neither MSEDCL nor their employees and associates will have any liability to any prospective
Respondent interested to apply or any other person under the law of contract to the principles
or resolution or unjust enrichment or otherwise for any loss, expense or damage which may
raise from or be incurred or suffered in connection with anything contained in this RFP
document, any matter deemed to form part of this RFP document, the award of the
Assignment, the information and any other information supplied by or on behalf of MSEDCL or
their employees in any way from the selection process for the Assignment.

Information provided in this document or imparted to any respondent as part of RFP process is
confidential to MSEDCL and shall not be used by the respondent for any other purpose,
distributed to, or shared with any other person or organization.

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Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

Table of Contents

Table of Contents
1. Notice Inviting Tender (NIT)........................................................................................................................................................................7
2. Bid Data Sheet.............................................................................................................................................................................................8
3. Introduction..............................................................................................................................................................................................11
4. Scope of Work...........................................................................................................................................................................................12
4.1 Brief Scope of Work :................................................................................................................................................................................12
4.2 Detailed scope of work :-..........................................................................................................................................................................13
5. Eligibility / Qualifying Criteria...................................................................................................................................................................15
6. Development Management......................................................................................................................................................................17
7. Change Request........................................................................................................................................................................................17
8. Bidding Procedures and Instruction to Bidders........................................................................................................................................18
8.1 Conditions for Award of Single Contract..................................................................................................................................................18
8.2 Confidentiality...........................................................................................................................................................................................18
8.3 Overview of Bidding Process....................................................................................................................................................................19
8.4 Contents of the Bid...................................................................................................................................................................................20
8.5 General Bid Instructions...........................................................................................................................................................................23
8.5.1 Intent of Bid Specification.........................................................................................................................................................................23
8.5.2 Conflict of Interest....................................................................................................................................................................................23
8.5.3 Compliance to MSEDCL Ethical Standards................................................................................................................................................23
8.5.4 Note to Bidder:.........................................................................................................................................................................................24
8.5.5 Bidder to inform himself fully:..................................................................................................................................................................25
8.5.6 Interpretation of Bid Documents..............................................................................................................................................................26
8.5.7 Amendment of Bidding Documents.........................................................................................................................................................27
8.5.8 Cost Incurred in Responding to Tender....................................................................................................................................................27
8.5.9 Language, Font Size etc.............................................................................................................................................................................27
8.5.10 Bid Validity Period.....................................................................................................................................................................................27
8.5.11 Extension of Period of Bid Validity............................................................................................................................................................28
8.5.12 PREPARATION OF THE BID........................................................................................................................................................................28
8.5.13 BID PRICE...................................................................................................................................................................................................28
8.5.14 TAXES & DUTIES........................................................................................................................................................................................29
8.5.15 PRICE BASIS & PAYMENTS........................................................................................................................................................................30
8.5.16 FORMAT & SIGNING OF BID......................................................................................................................................................................31
8.5.17 SUBMISSION OF BIDS................................................................................................................................................................................31
8.5.18 POLICY FOR BID UNDER CONSIDERATION................................................................................................................................................32
8.5.19 DEVIATIONS..............................................................................................................................................................................................32
8.5.20 PRELIMINARY EXAMINATION...................................................................................................................................................................32
8.5.21 COMPARISON OF BIDS..............................................................................................................................................................................34
8.5.22 AWARD OF CONTRACT..............................................................................................................................................................................34
8.5.23 SIGNING OF CONTRACT AGREEMENT.......................................................................................................................................................34
8.5.24 CONTRACT PERFORMANCE SECURITY......................................................................................................................................................35
8.5.25 CHECK LIST................................................................................................................................................................................................36
9. Terms and Conditions...............................................................................................................................................................................38
9.1 Payment Terms.........................................................................................................................................................................................38
9.2 MSEDCL reserves the right to...................................................................................................................................................................38
9.3 Other Instructions.....................................................................................................................................................................................38
9.4 Disqualification.........................................................................................................................................................................................39
9.5 Modification, Substitution & Withdrawal of the Proposal.......................................................................................................................39
10. Termination of Contract...........................................................................................................................................................................40
10.1 Termination by Default.............................................................................................................................................................................40
10.2 Termination for Insolvency, Dissolution etc.............................................................................................................................................40
10.3 Force Majeure...........................................................................................................................................................................................41
10.4 Disputes and Arbitration...........................................................................................................................................................................41
10.5 Ownership of Documents and Copy Rights..............................................................................................................................................41
10.6 Transfer of Ownership..............................................................................................................................................................................42
11. BIDDER’S PERSONNEL........................................................................................................ Error! Bookmark not defined.
11.1 GENERAL.........................................................................................................................Error! Bookmark not defined.
11.2 DESCRIPTION OF PERSONNEL...............................................................................................Error! Bookmark not defined.
11.3 BIDDER’S STAFF AND THEIR CONDUCT...................................................................................Error! Bookmark not defined.
11.4 SECURITY AND SAFETY REGULATIONS....................................................................................Error! Bookmark not defined.

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance
of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years
11.5 EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT.........................................Error! Bookmark not defined.
11.6 RESPONSIBILITY WITH OTHER AGENCIES.................................................................................Error! Bookmark not defined.
11.7 REMUNERATION TO BIDDER’S PERSONNEL............................................................................. Error! Bookmark not defined.
2. Annexures.................................................................................................................................................................................................43
2.1 Annexure 1: Checklist.................................................................................................43
2.2 Annexure 2: Proposal Form........................................................................................44
2.3 Annexure 3: Qualification of the Bidder......................................................................45
2.4 Annexure 5: Contract Proforma..................................................................................46
2.5 Annexure 6: Financial Bid/Price Bid Submission Letter...............................................49
2.6 Annexure 7: Price Bid Proposal...................................................................................51
2.7 Annexure 8: Format for No Deviation.........................................................................52
2.8 Annexure 9: CV of Team Members.............................................................................54
2.9 Annexure 10: Bank Guarantee Format (EMD).............................................................55
2.10 Annexure 11 Bank Guarantee for Contract Performance Security/Security Deposit....57
2.11 Annexure 12: Pre-Bid Query Format...........................................................................58
2.12 Annexure 13: Key Particulars of the Bid......................................................................59
2.13 Annexure 14: Declaration Sheet.................................................................................60
2.14 Annexure 16 PROFORMA FOR NON-DISCLOSURE AGREEMENT (NDA)........................66
2.15 Annexure 17 Certificate as to Corporate Principal......................................................70

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and
Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

Maharashtra State Electricity Distribution Company Ltd.

1. Notice Inviting Tender (NIT)

Tenders are invited from reputed Software Companies based in India for Appointment of an
Agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years.

The RFP document can be downloaded from the MSEDCL e-Tendering Portal
[Link] by paying requisite non-refundable bid fee via online payment.
The bids are to be submitted online through the e-Tender Portal only.

The Eligibility criteria, brief Scope of Work, details of Pre-Bid meeting and last date & time
for Submission of Bid documents is available in Bid Notice (published on [Link]
website). Any changes in the Timelines shall be notified on [Link] Website.

Chief General Manager (IT)

MSEDCL

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Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of SAP –
ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

2. Bid Data Sheet

# Item Description

1 Tender inviting authority Chief General Manager (IT), IT Department,

Maharashtra State Electricity Distribution Company Ltd. ,

Prakashgad, Bandra(E), Mumbai-51.

2 Bid submission All the following bids documents should be submitted online on the
MSEDCL’s eTender Website ([Link]
a. Technical Section
Response to the Pre-Qualification
EMD and Tender fee details
Forms mentioned in Annexures
Responses related to Technical Evaluation Criteria.
b. Commercial Section

CA Certificates, Balance Sheets, P&L Statements & other

Financial Documents meeting Qualifying Criteria &
requirements of RFP.
c. Price Bid Section

Commercial Quote/Price Bid Only

Original EMD must be submitted to the Office of Chief General

Manager (IT) on or before last date of bid submission.

3 Method of Selection Lowest Cost Bidding method (L1)

4 Availability of RFP documents RFP is available on MSEDCL eTender website

([Link]
Only those Bidders would be able to upload the bid who have

purchased the RFP.

5 Date of RFP issue 18.08.2020

6 Tender fee (Non- refundable) Rs. 29,500/- (incl. 18% GST) through online payment on MSEDCL
e-Tender website ([Link]

7 Bid Security/ Earnest Money Rs. 31,78,000 (Rupees Thirty one lakhs seventy eight thousand)
Deposit (EMD) in form of Bank Guarantee / DD from a nationalized/scheduled
bank in favor of Maharashtra State Electricity Distribution
Company Ltd. payable at Mumbai

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Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of SAP –
ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years
# Item Description

8 Last date for purchase of tender 11/09/2020

9 Last date for Submission of Pre-Bid 29/08/2020 up to 4.00PM

Queries All pre-bid queries are required to be submitted by Bidders at
itetender@[Link]

10 Pre-Bid Conference Time, Date, Pre-bid meeting will be conducted through Video Conferencing.
& Venue Google Meet VC Link for Pre-Bid: [Link]
Time: 3 PM
Date: 28/08/2020
Venue: 4th Floor, Prakashgad, Next to Bandra Court,
A.K. Marg, Bandra (East), Mumbai-400051

11 Publishing of Responses to pre-bid To be intimated later.

queries / corrigendum by MSEDCL
Responses to the pre-bid queries would be published on MSEDCL’s

website [Link] (Supplier’s section)

12 Last date and time for Bid submission 11/09/2020

(on or before)
Time: 5 PM

13 Pre-Qualification and Technical Bid To be intimated later.

Opening -
Time, Date

14 Date for Technical Presentation by To be intimated later, if required.

Bidders.

15 Date and time for Opening of To be intimated later

Commercial Bids.

16 Language of Bid Submission Proposals should be submitted in English only

17 Bid Validity Proposals must remain valid up to 180 (One Hundred &
Eighty) days from the last date of submission of the Bids.

18 Currency Currency in which the Bidders shall quote the price and will
receive payment is INR only

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of SAP –
ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years
# Item Description

19 Name and Address for Chief General Manager (IT),

Communication and seeking MSEDCL, Prakashgad, 4th Floor

clarifications Plot No G-9, Prof. A.K. Marg, Bandra (East),

Mumbai 400 051

Email: itetender@[Link]

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

3. Introduction

Maharashtra State Electricity Distribution Company Ltd (here-in-after referred to as MSEDCL) is

the largest State Electricity Distribution Utility in India having around 2.77 Crore Consumer base.

MSEDCL has hosted its consumer centric and business centric web based software applications
on Amazon Cloud. MSEDCL is taking serious efforts to enhance its service delivery particularly
through online mode in-line with Government of India’s Digital India program and the e-
Governance Policy of Government of Maharashtra.

MSEDCL has automated its business processes by implementing SAP-ERP which covers Financial
Accounting & Control (FICO), Projects Systems (PS), Plant Maintenance (O&M), Material Management
(MM) and HRMS/Payroll/ESS & other custom developed modules. Business processes of Non-
Conventional Energy (NCE), Power Purchase (PP), Tariff Regulatory Cell (TRC), Distribution Franchisee (DF)
and Testing are also developed on SAP ERP platform. The Big data solution i.e. SAP-HANA is deployed for
development of various Dashboards & Reports. The Consumer Billing is done centrally using Java &
Sybase.

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

4. Scope of Work
4.1 Brief Scope of Work :

Bidder shall provide Application Maintenance Services (AMS) towards development and maintenance
of all SAP – ERP modules, SAP business intelligence suite for the period of 5 years as under:

i. Development and Maintenance of all existing SAP-ERP modules at MSEDCL (SAP-ERP modules are FICO,
MM, PM, PS, PO, HRMS, ESS and all custom developed modules on SAP platform) which involves .
a. Functional Development and Configuration for SAP-ERP modules
b. ABAP Development
c. Basis and Database Management
d. Business Warehouse (BW)
e. Process Integration (PI)

f. Up-gradation of existing SAP-ERP system from ECC 6.0 EHP5 to EHP8 and Solution Manager from
7.1 to 7.2 (latest version)
ii. Development and maintenance of Dashboards at MSEDCL :-
a. BOBJ development (Lumira/ Xcalcius/ Webi/ Crystal reports/ Design studio/Data services etc).
b. Database Administration for Sybase IQ and HANA database.

iii. Development and maintenance of User Interface (UI) for Centralized Customer Billing system developed in
Java (Spring & Hibernate) and Sybase ASE 16 Enterprise Edition database.
iv. Application of latest patches to SAP-ERP & Databases as per requirement, from time to time.

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Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance
of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years
4.2 Detailed scope of work :-

Bidder shall provide Application Maintenance Services (AMS) towards Development and
Maintenance of SAP – ERP, HRMS, Payroll, ESS & Business Intelligence for a period of 5 years
as under:

a. Development and Maintenance of existing SAP-ERP modules, Custom developed modules and interfaces
with Non-SAP modules for following SAP landscape,
[Link]. Product Core Modules Custom developed Modules

1 SAP-ERP 1) Finance and Control (FICO) 1) Distribution Franchise(DF)

2) Project System (PS) 2) Tariff Regulatory (TRC)
3) Material Management(MM) 3) Testing
4) Plant Maintenance (PM) 4) Load Management(LM)
5) Non-Conventional Energy (NCE)
6) Power Purchase (PP)
2 SAP-HRMS, Human Resource Modules – 1) Disciplinary Action Module
Payroll, ESS 1) Organizational Management (OM) 2) Vigilance Module
2) Personal Administration (PA) 3) Investigation Office Module
3) Payroll (PY) 4) Confidential Reports
4) Time Management (TM) 5) Training (TRD/HRD) Module
5) Performance Management 6) Exam Module
solution (PMS) 7) Accident Compensation Module
6) Travel Management 8) Investigation by Training & Safety
7) Employee Self Service (ESS) (TSIR) Module
9) Legal Module
10) Labour Industrial Relation Module
11) Estate Management Module
12) Transfer Module
13) Higher Grade Benefit (HGB)
Module
3 Business Intelligence (BI) , Business Objects (BO, BODS) ver . 4.2 SP 12, BW 4.0

4 Process Integrator (PI)/ Process Orchestration (PO)

Technical Environment SAP ECC 6.0 EHP 5 (702) Sybase 15.7 Hosted on AWS Cloud
(Red Hat Enterprise Linux)
Reporting Environment Lumira / Xcalcius / Webi / Crystal reports/ Design studio /ABAP Tools

Support Environment Solution Manager ver. 7.1

Database Environment Sybase Enterprise edition 16 SP03 PL04 , Sybase IQ, HANA ver. 2.0

Total ERP Users 8400 users

Professional User = 1000

Total HR users Payroll = 80,000
Employee Self Service users = 9320

b. Development & Maintenance of UI for centralized customer billing system developed in Java (Spring &
Hibernate) on Sybase ASE 16 Enterprise Edition on Sybase database platform.

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance
of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years
c. Development and Maintenance for dashboards, data services, reports under BW, BOBJ, HANA, BODS.

d. Maintenance and Support for BASIS activities & Database Management/Administration for Sybase and
HANA.

e. Documentation: Service provider will have to maintain latest updated versions of documents and user
manuals.

f. Patch Updation: Application of latest SAP & Database patches from time to time.

g. Skill set required for resources deployed in the project :

Sr No. Resource Skill Set

1 SAP BASIS
2 Database Administrator-Sybase ASE
3 Database Administrator - HANA
4 Business Objects and Dashboards(BOBJ)/BW
5 Finance & Control Consultants (FICO)
6 Project Systems Consultants (PS)
7 Material Management Consultants (MM)
8 Plant Management Consultants (PM)
9 HRMS Functional Consultant(OM,PA,PY,TM,PMS)
10 Process Integrator (PI) /Orchestration (PO)
11 ABAP Developers
12 Java Developers

Note : The bidder to appoint Project Manager for managing the contract, who will serve as single point of
contact (SPOC) for MSEDCL. The project manager should have broad knowledge and understanding of SAP
architecture, functioning, development concepts, system landscape coupled with project implementation,
customer interaction and work allocation experience.

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 CGMIT/AMS/20-21/1 Version-2

Appointment of an agency for Application Maintenance Services (AMS) towards Development and Maintenance of
SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years

5. Eligibility / Qualifying Criteria

The Eligibility Criteria for responsive bid are given below:

S. No. Criteria Compliance Ref.

(Yes/No) Pg. No.
1. The bidder should be a single company registered / incorporated in India under
companies act 1956 and 2013 or LLP with registered office in India and should
have been in operation in India, from minimum last 2 years. Consortium/Joint
Venture is not allowed.
Documents Required:

Incorporation Certificate along with Memorandum & Articles of Association .

2. The Bidder should have Experience of successfully providing Operations and
Maintenance Support for SAP ERP in India in past 10 years, for minimum 5 years.
Documents Required:

Self declaration on company letterhead.

3. The bidder must have minimum average annual turnover of Rs. 50 Crores of
last three audited financial years (2016- 17, 2017-18, 2018-2019).
Documents Required:

Audited & Certified Balance Sheet and Profit & loss statements
OR
Certificate from Chartered Accountant on letter head mentioning turnover.
4. The Bidder should have positive net worth for last three audited financial years
(2016- 17, 2017-18, 2018-2019).
Documents Required:

Certificate from Chartered Accountant on letter head stating net worth and
audited balance sheets.
5. The bidder’s relevant experience in Operations & Maintenance of the SAP ERP in
India in past 10 years, for minimum 5 years to any functionalities as mentioned in
sr no. 2, as below :
a) One work order costing not less than Rs. 15 Crore Or

b) Two work orders costing not less than Rs. 8 Crores each Or
c) Three work orders costing not less than Rs. 6 Crores each
Above work orders may be for completed projects during last 5 years .

Documents Required:

Copy of work order / copy of agreement / LOI / LOA

AND
Work completion certificate from client.
6. The Bidder should have minimum SEI CMMi level 3 certification.
Documents Required:

Copy of certificate

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7. The bidder company shall have a valid GSTN Number, PF Code and PAN.

Documents Required:
Supporting official Documents

8. The bidder company must have a team of at least 200 consultants on its
rolls having experience in various modules of SAP, in-memory database
implementation (HANA), analytical & business intelligence reporting
and have sound knowledge of databases like Sybase.

Documents Required:
Letter from HR Department on company letterhead

9. The bidder must not be under a declaration of ineligibility / banned /

blacklisted by any State or Central Government / any other Government
institutions in India for any reason as on last date of submission of the
Bid or convicted of economic offence in India for any reason as on last
date of submission of the Bid. Lead Bidder should comply all conditions
mentioned in MSEDCL POLICY & PROCEDURE FOR DEBARRING OF
AGENCY (enclosed as Appendix 1).

Documents Required:
Self-declaration on company letterhead
10. Bidder should not have violated / infringed on any Indian or foreign
trademark, patent, registered design or other intellectual property
rights any time anywhere in India.

Documents Required:
Self-declaration on company letterhead

All bid documents must be clearly signed and stamped by the Authorized Signatory of the
bidder. Only those bidders, who satisfy the eligibility requirements and accept the terms and
conditions of this RFP document, shall be short-listed for further evaluation.

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6. Development Management
New Development and modification in existing developed processes will be handled through
non-commercial change request management. SLA will not be applicable for these types of
requirements.

7. Change Request
Change request will be applicable for fulfilling all statutory requirements by applying
patches provided by SAP after mutual discussion and approval by MSEDCL.

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8. Bidding Procedures and Instruction to Bidders

8.1 Conditions for Award of Single Contract

In order to be qualified for award of contract, the bidder will be required to satisfy
the mandatory qualifying requirements, mentioned in Qualifying Requirements of the
tender document.
a. To be qualified for award of Contract, bidder shall also submit copies of original
documents defining the constitution or legal status, place of registration and
principal place of business for the bidder.
b. A written power of attorney authorizing the signatory of the bid to commit the
bidder and audited annual accounts including balance sheets and other financial
statements.
c. Up to date information for current contract commitments/works in progress and
financial resources in sufficient detail so as to enable assessment of the financial
capacity of the bidder.
d. Authority to seek references from the bidder’s Bankers along with details of the Banks.

e. Proposals regarding work methods, scheduling and resourcing which shall be

provided in sufficient detail to confirm the bidder’s capability to complete the work
in accordance with Scope of work and the time for completion.
f. Registration certificates for Goods & Service Tax (GST) and registration certificates
under PF and labour laws as may be applicable as per the relevant acts.
g. The bidder must also give undertaking duly signed & sealed by Authorized Signatory
that in case contract is awarded, the required no. of resources should be deployed
within 2 weeks from the date of LOA.
h. The Bidder should have at least one office in any of the locations in Mumbai, or
nearby Mumbai such as Navi Mumbai, Thane etc. If the Bidder is not having any
office at above locations, then bidder should submit a letter of undertaking to open
the office at any of the above locations within 30 days from the date of issue of
work order if he is awarded the work.

8.2 Confidentiality

The RFP contains information proprietary to MSEDCL requires the recipients of this RFP
to maintain its contents in the same confidence as their own confidential information
and refrain from reproducing it in whole or in part without the written permission of
MSEDCL.

MSEDCL will not return the bids/responses to the RFP received. The information
provided by the bidder/s will be held in confidence and will be used for the sole
purpose of evaluation of bids.

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8.3 Overview of Bidding Process

The Bidding Process would comprise of following sequential steps. MSEDCL

reserves the right to vary or discontinue this process at any time if it deems fit to do
so providing required reasons for the same.

These include the following:

1. The Bidding process will be a Single Bid (Two Stages viz. Technical Bid &
Commercial/Price Bid) process.
2. The key features of the tender in the form of Invitation for Bid will be released by
MSEDCL on the MSEDCL website [Link] on tender release
date.

3. Entire bidding document shall be available only in electronic format (soft copy) and
is to be downloaded from Employer’s website [Link] from
tender release date onwards. It shall be the bidder’s responsibility to ensure that
the entire bid document is downloaded from the requisite website. No hardcopy of
tender document will be provided. All the subsequent instructions / corrigendum
to the bidding document etc shall also be available on the website mentioned
above. In case of any communication relating to the tender document, the Bidders
can send email to itetender@[Link]

4. To clarify any points on the tender, MSEDCL may organize a Pre-Bid Meet at the
given date & time at Mumbai, wherein all the interested bidders can participate.
This meet is not mandatory for the bidders. No further queries will be accepted
after the pre-bid conference.

5. The Bidder shall expressly agree that he has read and understood the complete
Tender Document and other documents /requirements and shall comply with the
same. The Bidder is also advised to visit MSEDCL office & understand the business
process (AS-IS & other) in detail.
6. Agency submitting response to this tender will be designated as Bidder for the
purpose of this Tender.
7. Conditional Bid is liable to get rejected.

8. MSEDCL will open the Technical Bid and the technically qualified Bidders will be
informed based on the evaluation.

9. Only Technically Qualified Bidder’s Price Bid will be opened & evaluated. MSEDCL
reserves undisputed rights to declare any bidder Technically Qualified/Disqualified
without giving any without giving any reason whatsoever.

10. The bid having lowest value may be declared as the Bid Winner or Successful Bidder.

11. MSEDCL may issue a Letter of Award to successful single Bidder.

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12. The contract will be signed between MSEDCL and the successful Bidder.

13. MSEDCL may at its sole discretion can seek clarification from the bidders to assist in bid
evaluation. The request for clarification and the response will be in writing. If the
response to the clarification is not received before the expiration of deadline prescribed
in the request, MSEDCL reserves the right to make its own reasonable assumptions at
the risk and cost of the bidder. The MSEDCL reserves the right to accept minor
deviations which do not materially affect the substantial responsiveness of the Bid. The
authority to relax any of the condition of the qualifying bid in the interest of MSEDCL is
kept reserved by the Chief General Manager (IT).

14. MSEDCL reserves the right to accept or reject any Bid, and to annul the bidding
process and reject all Bids at any time prior to Contract award, without thereby
incurring any liability to the Bid, and to Bidders.

8.4 Contents of the Bid

(i.) Tender Fee & Bid Security (EMD)

A. Tender Fee
a. A Non-Refundable Tender Fee (see Bid Data Sheet) shall be paid online.

B. Bid Security (EMD)

a. The bid must be accompanied with Bid Security for an amount equal to
mentioned in Bid Data Sheet. The bid security shall be denominated in
Indian Rupees only.
b. The bid security may be in the form of Bank Guarantee/Demand Draft
from any Nationalized / Scheduled Bank in favor of the Employer,
payable at Mumbai. The format of the Bank guarantee shall be in
accordance with the sample form of bid security as per the tender
document. Online payment for Bid Security can also be done on e-
Tender portal.
c. Bank Guarantee/Demand Draft which shall be deposited to the office of
tender issuing authority before the last date of the submission of the
tender.
d. The Bid Security should remain valid for a period of 180 days from the
date of publishing of Tender.
e. Any tender not accompanied by the requisite Earnest Money Deposit
(EMD) in original shall be rejected and shall not be considered for
evaluation.
f. If EMD is submitted in the form of BG, then confirmation from bank will
be obtained before opening of Price Bid.
g. The bid security of the successful bidder shall be returned after (i)
acceptance of LOA by the bidder and (ii) the contract performance
security is furnished by the bidder and accepted by the owner.
h. Earnest Money Deposit shall be returned to the unsuccessful Bidder as
soon as possible after the tender is finalized by the Company for which

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the Bidder has to submit application along relevant documents to this
office.
i. The bid security may be forfeited:
1) If the bidder withdraws its bid, except that written notice of the
withdrawal of bid is received by the employer prior to the deadline
for submission of bids; or
2) If the bidder does not accept the correction of its bid price; or
3) If the bidder is determined, at any time prior to award of contract, to
have engaged in corrupt or fraudulent practices in competing for the
contract; or
4) In the case of a successful bidder, if it fails within the specified time
limit to:
(i) Sign the Contract Agreement, or (ii) furnish the required contract
performance security.
j. No interest shall be payable by the owner on the above bid security
k. The Scanned Copy of BG/DD/Online Payment should be also be
uploaded on e-Tender website while submitting the bid.
l. The original BG/DD should submit to the office of CGMIT, MSEDCL
before due date and time of the tender.
m. The Bank Guarantee shall be verified from respective Banks before the
opening of Price bids.
n. MSEDCL will not entertain any request for adjusting the EMD from the
tenderer’s due/running bills or from the EMD/Security Deposit of any
other tender participated by the tenderer.

(ii.) Digitally Signed Bids

The RFP response must be submitted as per the following format given in
this RFP in the digitally signed Soft copies (.sig format). The Documents must
only be signed through Secure Sign Software available on e-Tender Portal.
 Technical Section
• Response to the Pre-Qualification.
• EMD and Tender fee details.
• Forms mentioned in Annexures.
• Responses related to Technical Evaluation Criteria.
• Methodology to be followed in execution of the project
• Project plan detailing Phases and activities, dates and resource allocation

• An overview of the functional solution and technical, security and network

architecture considering MSEDCL’s existing network setup.
• Project Organizational structure & escalation mechanism for technical
issues.
• Response to Mandatory Technical requirements (if any).

 Commercial Section
CA Certificates, Balance Sheets, P&L Statements & other Financial
Documents meeting Qualifying Criteria & requirements of RFP.

 Price Bid Section

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• Commercial Quote/Price Bid Only.
The Price Bid should be submitted as Schedule of Price Bid of the Tender
Document. The Price Bid must be submitted only in original. The bid shall
contain no erasures or overwriting, except to correct errors made by the
Bidder, in which case the person or persons signing the bid shall initial such
corrections. Price should be quoted in number & words. In case of
discrepancy and or difference in the value between the Quoted price in
Number and as expressed in words, lower of the two/beneficial to MSEDCL
shall be considered.

in other
Uploading Price Bid in the price bid section only. Price Bid uploaded
section (commercial Details Section/Technical Bid), will lead to
rejection of bid.

 Please note that prices should not be indicated in the Technical

Proposal but should only be indicated in the Commercial Proposal. In
addition, bidders cannot submit more than one bid or alternative offers with more
than one Standard Integrated solution.

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8.5 General Bid Instructions

8.5.1 Intent of Bid Specification

a. The intent of this specification is to enter into single contract covering

completely the scope of work specified in the accompanied specification
forming completely coordinated and engineered package, all in accordance with
the specifications as detailed out in the various sections of this bid document.

b. MSEDCL in order to implement the project will be entering into single

responsibility contract with the successful bidder.
c. It will be a Two Bid submission i.e. Technical Bid & Price Bid.

d. MSEDCL reserves the right to split the scope in any number of contracts.

8.5.2 Conflict of Interest

All bidders found to be in conflict of interest shall be disqualified. A bidder may be

considered to have a conflict of interest with one or more parties in a bidding
process if they:
(a) Have controlling shareholders in common; or
(b) Receive or have received any direct or indirect subsidy from any of them; or
(c) Have the same legal representative for purposes of a bid; or

(d) Have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about or
influence on a bid of another bidder, or influence the decisions of the
Employer regarding the bidding process.

For verification of conflict of interest, a copy of Articles of Association &

Memorandum of Association in case of company & in case of partnership firm, a
copy of partnership deed is required to be submitted by bidders along with bid.

8.5.3 Compliance to MSEDCL Ethical Standards

MSEDCL attaches top most priority to adherence to the highest ethical standards in
all its transactions and expects the same from all entities it enters into any

relationship with. Accordingly, it expects every Bidder to observe the highest standard of
ethics and integrity during the bidding process and if successful, during all stages of

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the project. If a bidder is found to have indulged in any corrupt or fraudulent

practice or in any practice which is not in conformity with the highest ethical
standards, then the bid will stand rejected. In such a case, MSEDCL may even go to
the extent of black-listing the bidder and barring it from responding to any future
enquiries / tenders floated by it.
To ensure uniformity in understanding of corrupt and fraudulent practices between
MSEDCL and the bidders, the same has been defined below:

a) The term ‘corrupt practice’ means behavior on the part of officials in the public or
private sectors by which they improperly and unlawfully enrich themselves and/or
those close to them, or induce others to do so, by misusing the position in which
they are placed, and it includes the offering, giving, receiving or soliciting of
anything of value to influence the action of any such official in the procurement

process or in contract execution; and

b) The term ‘fraudulent practice’ means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract to the
detriment of the Employer, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at artificial
non-competitive levels and to deprive the Employer of the benefits of free and
open competition.

c) By signing the Bid Forwarding Letter, the Bidder represents that for the
software & services it supplies, it is the owner of the Intellectual Property Rights.
Willful misrepresentation of these facts shall be considered a fraudulent practice
without prejudice to other remedies that the Purchaser may take.

8.5.4 Note to Bidder:

i. Bid documents are not transferable.

ii. Not more than one bid for the work shall be submitted by one Bidder or
one firm of Bidders.
iii. If the bidder submits more than one bid, by way of submitting bid under
the name of firm and submits another bid as a joint venture partner or
have interest or participation in more than one bid, in such eventuality, all

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the bids are liable for rejection. The bidder in his own interest should
ensure to submit only one bid.

iv. If the Bidder deliberately gives wrong information in his bid to create
circumstances for the acceptance of its bid, the Owner reserves the
right to reject such bid and/or cancel the order if placed.

v. Bid documents submitted by the Bidder shall become the property of

the Owner and the Owner shall have no obligation to return the same
to the Bidder.

vi. Bid must cover the entire scope of work as specified in this
tender document.

8.5.5 Bidder to inform himself fully:

I. The Bidder shall make independent enquiry and satisfy himself as to all
the required information, inputs, conditions and circumstances and
factors which may have any effect on its bid price and also on the
execution of work covered under these specifications and documents.
In assessing the bid it is deemed that the Bidder has inspected and
examined the site conditions and its surroundings, examined the laws
and regulations in force in India, the transportation facilities available,
the conditions of roads, bridges, ports, etc. for unloading and/or
transporting heavy pieces of material and to have based its equipment
size and fixed its price taking into account all such relevant conditions
and also the risks, contingencies and other circumstances which may
influence or affect the execution of the works as specified in these bid
specification.

II. In their own interest, the Bidders are requested to familiarize themselves
with the Income Tax Act, the Companies Act, the Customs Act and all
other related acts and laws prevalent in India. The Owner shall not
entertain any request for clarifications from the Bidders regarding such
local laws and the conditions. However, the owner shall direct the bidder
from where to obtain such assistance provided the request for such
assistance is received well in advance. However, non-receipt of such

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information shall not be a reason for the bidder to request for
extension in opening date of the bid. The Bidder shall understand and
agree that before submission of its bid all such factors, as generally
brought out above, have been fully investigated and considered
while submitting the bid. No claim for financial adjustment to the
contract awarded under this specification and documents shall be
entertained by the owner. The Owner shall also not permit any
change in time schedule or any financial adjustment arising thereof
which are based on lack of clear information for such site conditions,
laws and regulations and other related information and/or its effect on
the price quoted in the bid.

III. Availability of Acts & Regulations: The various acts and

regulations referred in these documents are normally available
for sale on the following address:
Deputy controller Public Department, Govt. of India, New Delhi,
110006, INDIA OR with leading authorized book sellers.
8.5.6 Interpretation of Bid Documents

If any Bidder finds discrepancies or omissions in the Bid Specification

and documents or is in doubt as to the true meaning of any part of the bid
document or scope of work to be executed, he shall at once submit a written
request in English language for clarification or interpretation of the doubt in
question. Such request should reach the owner not later than 4 days prior to
the date set for submission of the bids. This written request shall be
submitted in triplicate to MSEDCL on the following address:
Chief General Manager (IT),
th
MAHAVITARAN, Prakashgad, 4 Floor
Plot No G-9, A.K. Marg, Bandra (East),
Mumbai 400 051
Email – itetender@[Link]

Appropriate interpretation shall be given in the form of a supplementary

notice which will be updated on the website [Link] OR
MSEDCL e-Tender Website ([Link] It is to be noted
that Pre-Bid Queries must be sent within two days after Pre-Bid meeting. Any
query sent afterwards shall not be entertained. No oral or other

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interpretation shall be considered as binding on MSEDCL.

8.5.7 Amendment of Bidding Documents

i. At any time prior to the deadline for submission of bids, the Owner may,
for any reason, whether at its own initiative or in response to a
clarification requested by a prospective Bidder, modify the bidding
documents by amendment.

ii. The amendment shall be published on the website [Link]

and shall be binding on the bidders.

iii. In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bids, the Owner may, at its
discretion, extend the deadline for the submission of bids.

8.5.8 Cost Incurred in Responding to Tender

MSEDCL will not be responsible or liable for any costs being incurred by
individual Bidders in preparing their response to this Tender nor will it be
under any obligation to reimburse the same or any part thereof to any
Bidder. Each Bidder must bear all costs being incurred by it in responding to
this Tender. MSEDCL will also not be responsible for providing any facility or
infrastructure to any bidder to facilitate it’s preparation of its bid.

8.5.9 Language, Font Size etc.

The bid must be prepared in English language only. Further, all

communication with respect to the bid including any accompanying
document, must be in English language only. Clarifications sought on the
Tender Document must also be in English. While the Bidders are free to
submit their response in color, the text in both the original and the copies of
the Bid must be black in color, font of size not less than 10.

8.5.10 Bid Validity Period

All bids, not rejected for any other reason, will remain valid for a period of 90
days after the date of opening of the technical bid prescribed in the Tender

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Document or as communicated by MSEDCL. MSEDCL reserves the right to
reject a bid which is not valid for the prescribed period of 90 days or more as
non-responsive, without any explanation.

8.5.11 Extension of Period of Bid Validity

In exceptional circumstances, MSEDCL may request all the Bidders consent to an

extension of the period of validity of their respective bid. The request and the
response thereto will be made in writing. Extension of validity period by the
Bidder must be unconditional. The bid EMD provided in the form of BG will also
have to be accordingly extended. A Bidder will have the right to refuse the
request without forfeiting the bid security. A Bidder granting the request will
not be permitted to modify his bid.

8.5.12 PREPARATION OF THE BID

1. All Digitally signed bids (through Secure-Sign software only)
shall be uploaded on [Link] The bids
submitted and the documents attached there to shall be considered as
forming a part of the contract document.
2. Only Online Bid is accepted.
3. The Bidder must state in its bid an address at which notice may be
served validly upon it. All such notices shall be deemed to have been
served validly which are left at such address or if sent by post shall be
deemed to have arrived in due course. Any change of address must
be notified to the Owner and until such notification is received, the
Owner shall not be bound to take notice of any change of address and
all Correspondence sent to earlier address shall be deemed to be
validly served on the Bidder.

8.5.13 BID PRICE

1. The bidder shall indicate on appropriate Price Schedule attached to

these documents, bid prices for the scope of work as defined in this
document. Prices shall be indicated in the Price Schedule separately as
described in the Schedule of Price Bid.

2. The bidder’s separation of price components in accordance with

above will be solely for the purpose of facilitating the payment
purpose only.
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8.5.14 TAXES & DUTIES

1. The bidder should quote his price inclusive of all taxes and duties.
Thus there shall be no additional liability on account of any taxes,
duties or any variation thereof on the owner on account of this. As the
tender is specific for Works Contract, GST would most likely be
applicable.
2. The GST shall be will paid for the respective component. Therefore
Bidder may quote applicable GST rate in his quoted price. Bidder
should also mention HSN/SAC Code against each line item. Also,
statutory variation shall be paid as applicable during the contract
period.
3. As per the TDS provision (Tax deducted at source) income tax is to be
deducted at source as per the prevailing rules.
4. Goods & Service Tax:

The Bidders should note while bidding that, the MSEDCL will
discharge its GST liability by availing the most beneficial cost
advantage under the appropriate General Exemption and
Notifications of GST. The bidder should also note that the
MSEDCL will discharge its tax liability under the most beneficial
scheme for availing the maximum cost advantage. Bidder should
therefore take any GST Refund / Rebate to which they may be
legally entitled into consideration while offering their quoted
rates/prices. GST is applicable on service component only.
5. Statutory variation in Goods and Service Tax
Introduction/upward variation in GST if any applicable after
opening of price bid/revised price/revision in price as the case may
be (based on which the order on contract shall be placed) shall be
reimbursed by the MSEDCL subject to production of necessary
documents by the Bidder. Similarly withdrawal/downward revision
in variation in GST shall be adjusted in the price quoted and
benefit shall be passed to the MSEDCL. Variation of GST shall be
reimbursed and no other variation shall be considered. Fresh taxes
& levies, if any, as may be applicable on this contract, shall be
reimbursable against documentary proof to be submitted by the
Bidder. The bidder has to consider all taxes & duties applicable on
this contract. Any omission, or non-inclusion, either declared or
not declared, of any taxes and duties that are applicable at the
time of submission of price bid/revised price bid /revision in prices
shall not be considered as a reason for reimbursement of such
taxes and duties at a later date. TDS under GST will be applicable
as per rule.

6. During tenure of the contract if any new taxes/duties/levies etc. are

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imposed or rates undergo changes, as notified by the Government
and become applicable to the subject works, the same shall be
reimbursed by the Employer on production of documentary evidence
in respect of payment of the same. Similarly, benefits accruing to
agency on account of withdrawal/reduction in any existing taxes and
duties shall be passed on to the Employer.

7. However, if the Work is delayed for the reasons attributable to the

Employer and extension of the Time for Completion is granted,
variation in Taxes and Duties enacted during Contractual
completion/execution period, the adjustment in contract price shall
be allowed within the extended period of the Contract. Similarly, if
the Work is delayed for the reasons attributable to the Contractor,
variations in Taxes and Duties will not be paid.

8. The Contractor shall bear and pay all the liabilities in respect of non-
observance of all legal requirements as per various statutory
provisions.

9. The adjustment in the Contract Price towards imposition of new taxes

or abrogation of existing taxes shall be applicable only if the new tax is
enacted or existing tax is abrogated within Contractual
delivery/execution period. For any variation due to enactment of new
tax or abrogation of existing tax after Contractual delivery / execution
period, adjustment in the Contract Price shall not apply.

10. All formalities required under statutes, for availing any concessions
under relevant tax laws shall be adhered to by the Bidder.

8.5.15 PRICE BASIS & PAYMENTS

1. The Bidders shall quote, in their proposal, price for the entire scope of
the works as required in the Bid Proposal Sheets on firm price basis. A
bid submitted with price variation shall be summarily rejected.
Bidders quoting a system of pricing other than that so specified run
the risk of rejection.

2. The price shall be quoted in Indian Rupees only.

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8.5.16 FORMAT & SIGNING OF BID

1. The Bid must contain the name and place of business of the person or
persons submitting the bid and must be signed and sealed by the
Bidder with his usual signature. The names of persons signing the bid
should also be typed or printed below the signature. All pages of Bid,
drawings and other documents shall be initialed at the lower right
hand corner with ink only and signed where required by the bidder.

2. The Bid by a partnership firm must be furnished with full names of

partners and be signed with the partnership name followed by the
signature and designation of the authorized representative(s). A bid
submitted by a person who affixes to his signature the Word
President, Managing Director, Secretary, Agent or other designation
without disclosing his principle may be rejected.
3. Bids submitted by Corporation, Companies must be signed with

legal name of the Corporation/Company by the President, Managing

Director or by the Secretary or other person or persons authorized
to submit the bid on behalf of such Corporation/company in the
matter.

4. Satisfactory evidence of the person signing on behalf of the bidder

shall be furnished with the bid. The bidder's name stated on the
proposal shall be the exact legal name of the firm.

5. The bid shall contain no interlineations, erasures or overwriting except

as necessary to correct errors made by the bidder, in which case such
corrections shall be initialed by the persons signing the bid.

6. Bids not conforming to the above requirements may be disqualified.

8.5.17 SUBMISSION OF BIDS

1. It will be a two bids (Technical Bids & Price Bids) online submission.

2. The Bidders shall submit Bids online only. The bid must cover full scope
of work as detailed in the specifications along with all other details and
schedules, duly filled and digitally signed.
3. The original the copies of the bank Guarantee and bid security shall be
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separately sealed in an envelope and addressed to the Owner at the

address specified in this tender document.

This should then be put and sealed in an outer envelope and again

addressed to the owner on the above address. The outer envelope should

bear the following:

a) Name of work as " ”.

b) Invitation for Bid no.
c) Do not open before ----------------------
d) Name and address of the bidder.

The envelope shall indicate the name and address of the Bidder to enable
the bids to be returned unopened in case it is received late.

8.5.18 POLICY FOR BID UNDER CONSIDERATION

1. No bidder shall contact the owner on any matter relating to its bid, from
the time of the bid opening to the time the contract is awarded.

2. Any effort by a Bidder to influence the Owner in the Owner’s bid

evaluation, bid comparison or contract award decision may result in the
rejection of the Bidder's bid

8.5.19 DEVIATIONS

The Bidder shall perform all the works strictly in accordance with the
requirements stipulated in this bid specification. The Bidder shall abide by all
the terms and conditions of this Bid Specification without any deviations.
8.5.20 PRELIMINARY EXAMINATION

1. The Owner shall examine the bids to determine whether they are complete,
whether any computational errors have been made, whether required
sureties have been furnished, whether documents have been properly signed
etc. and whether the bids are generally in order.

2. Prior to the detailed evaluation, Owner shall determine the responsiveness of

each bid to the Bidding documents. A responsive bid is one, which conforms
to all the terms and conditions of the Bidding Documents

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without material deviations. The owner's determination of a bid’s

responsiveness shall be based on the contents of the bid itself without
recourse to extrinsic evidence.

3. MSEDCL may at its sole discretion, seek clarification from the bidders to assist
in the evaluation, comparison and an examination of bids. The request for
clarification and the response will be in writing. If the response to the
clarification is not received before the expiration of deadline prescribed in
the request, MSEDCL reserves the right to make its own reasonable
assumptions at the risk and cost of the Bidder.
4. In particular, bids which do not Conform to all the specified fixed commercial
conditions, namely
Contract performance
security Liquidated damages
Terms of payments

will be treated as non-responsive. Such bids will be rejected and will not be
considered for further evaluation.

5. A bid determined as non-responsive shall be rejected by the Owner and shall

not be allowed subsequently to be made responsive by the Bidder by
correction of the non-conformity.

6. The Owner may waive any minor infirmity or nonconformity in a bid which
does n o t constitute a material deviation, provided such waiver does not
prejudice or affect the relative ranking of any Bidder.

7. During the process of technical evaluation, MSEDCL might require the

technical presentation from the bidders which would also be the part of
evaluation. If the MSEDCL is not satisfied with the proposed solution of the
Bidder, then MSEDCL reserves the unconditional & undisputed rights to
disqualify the Bidder from Tendering Process.

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8.5.21 COMPARISON OF BIDS

The technically qualified bids shall be compared and lowest evaluated bid
which has been determined to be qualified and responsive, commercially as
well as technically, shall then be selected for award of contract.

8.5.22 AWARD OF CONTRACT

1. Notwithstanding anything contained in this document, the Owner reserves the

right to accept or reject any bid, and to annul the bidding process and reject all
bids, at any time prior to award of contract, without thereby incurring any
liability to the affected. Bidder or Bidders or any obligation to inform affected
Bidder or Bidders the grounds for the Owner's action.

2. Subject to above clause, the owner shall award the contract to the successful
bidder whose bid has been determined to be substantially responsive and has
been determined as the lowest evaluated bid provided further that the bidder
is assessed to be qualified to satisfactorily perform the contract.

3. Notification of award of contract shall be made in writing through a 'Notice

of Award', i.e. Letter of Award, to the successful Bidder. This letter of award
may be in writing by registered letter or by cable or FAX, to be confirmed in
writing by registered letter or courier service or by speed post that its bid has
been accepted.

4. Till such time the formal contract is signed, the letter of award issued by the
owner to the successful bidder and it’s acceptance by the bidder shall be
construed as a contract document and conditions of contract contained in
these documents shall become applicable.
5. LOA will be placed to the lowest bid. LOA shall be issued to single successful
lowest bidder.

8.5.23 SIGNING OF CONTRACT AGREEMENT

1. The successful bidder after submission of contract performance guarantee and

its acceptance by the owner shall have to sign contract agreement

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with the Owner within 15 (fifteen) calendar days from the date of Letter of
Award. This agreement shall be signed at the office of the owner in Mumbai on
a date and time to be jointly decided.

2. The contractor shall send one copy of the final draft agreement to the Owner
for his scrutiny and approval within ten days (10) of issue of letter of award by
the Owner.

3. The Contractor shall provide, before signing of the contract, appropriate

power of Attorney and other requisite materials. The contractor shall provide
free of cost to the Owner all the engineering data, drawings and descriptive
materials submitted with the Bid, in at least six (6) copies to form a part of the
contract, immediately after issue of Letter of Award accepting the bid.

4. All charges for preparing the contract documents including legal fee, stamp fee
etc. shall be borne by the successful Bidder. The contract shall be signed in two
original, one to be retained by the owner and one by the bidder.

5. If the successful Bidder fails to sign the contract, the same shall constitute
sufficient ground for the annulment of the award of work and also the
forfeiture of contract performance guarantee/ security, in which event the
owner may make the award to the next lowest evaluated responsive bidder or
call for new bids.

6. All the conditions given in this document shall form the part of the contract.
Based on the information submitted by the bidder in response to the
instruction to bidder additional clauses may also have to be incorporated and
shall be mutually agreed to.

8.5.24 CONTRACT PERFORMANCE SECURITY

1. The Bidder shall provide to the Owner (MSEDCL) within ten (10) issue of
working days of Letter of Intent, the contract performance
guarantee .

2. The Bidder should provide the contract performance guarantee for the sum
of 10 % (ten percent) of the Contract Price for due performance of

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contract. This Contract Performance Security shall be valid till the expiry of
180 days after the end of Support period of the works covered under the
contract.

3. The proceeds of the performance guarantee / security shall be payable to

the Owner (MSEDCL) as compensation for any loss resulting from the
Vendor's failure to complete his obligations under the contract. The
contract performance Guarantee is intended to secure the performance of
the entire contract. However, it is not to be construed as limiting the
damages stipulated in other clauses of contract.

5. The performance guarantee will be returned to the Vendor without any

interest after successful completion of Vendor's other obligations under
the contract.

6. Bidder should confirm that the performance of services to be provided is

fully guaranteed. The guarantee declaration of such parameters and
characteristics should be enclosed in the offer. If any defect develops due to
services provided by the bidder within the contract period, which can be
attributable to improper design, negligence, etc., the same shall be rectified
by the bidder without any additional cost to MSEDCL.

7. The contract performance security shall be denominated in Indian Rupees

and shall be in one of the following forms:

i. A Bank guarantee or irrevocable letter of credit issued by a

Nationalized Bank or Scheduled bank.

ii. In case the performance guarantee is furnished in the form of a

bank guarantee, the same shall be in the form enclosed to these

bidding documents. Bank guarantee should be payable at Mumbai.
8.5.25 CHECK LIST

1. The bidders are requested to go through carefully the instructions for

preparation of their bids. Conditions elaborated in “General Conditions of
Contract” and “Special Conditions of the Contract” may be borne in mind
while bid preparation. The bid shall fully meet the technical

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requirement specified in this tender document.

2. The bidders may depute their representative to visit the site to get any
additional Information and to check the site conditions personally.

3. The bidder may submit additional information, which in his opinion shall

help the owner to evaluate the bid. Bidder shall use continuation sheets
wherever necessary.

4. The Bidders are requested to duly fill in the Annexure 1 - check list of Bid
document. This check list gives only certain important items, to facilitate
the bidder to make sure that the necessary data/information is provided
by the Bidder in its proposal. This, however, does not relieve the bidder of
its responsibility to make sure that his proposal is otherwise complete in
all respects.

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9. Terms and Conditions

9.1 Payment Terms

The Bidder shall submit bills as per agreed payment terms with supporting documents as
mention below.

Payment will be released as per below schedule:

[Link]. Description Payment Milestone

st
1 Project Initiation 10% cost of 1 year AMS charges Upon Resources
st deployment
(to be deducted from 1 quarter
payment)
2 Quarterly Invoices Equally distributed Quarterly At the end of each
instalments for 5 years Quarter.

3 Change Request After certification of completion by As and when

MSEDCL for change request approved
i. Payment will be made in Indian Rupees only on Quarterly basis (after the end of the
Quarter) through RTGS within 45 days from the date of submission of invoice.
ii. Payment will be processed, based on work completion report duly certified by MSEDCL.
iii. Further, all payments shall be made subjects to deduction of TDS (Tax deduction at
Source) as per the income- Tax Act, 1961 and any other taxes.

9.2 MSEDCL reserves the right to

i. Reject any or all proposals received in response to the RFP without giving any
reason whatsoever.
ii. Waive or change any formalities, irregularities, or inconsistencies in proposal
format delivery.
iii. Extend the time for submission of proposal.
iv. Modify the RFP document, by an amendment that would be published on
the MSEDCL’s website.
v. Independently ascertain information from other organizations to which bidder has
already extended a service for similar assignments.
vi. To terminate the services if the assignment is not proceeding in accordance with
the terms of contract.

9.3 Other Instructions

i. The successful bidder should treat all data and information about MSEDCL obtained
in the execution of the proposed assignment as confidential, hold it in strict
confidence and should not reveal such data/information to any other party without
the prior written approval of MSEDCL.

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ii. The proposal should be submitted strictly in the format provided in this RFP
document and should be signed by the authorized signatory with seal of the
Company.
iii. Bidder shall submit No Deviation Certificate as per Annexure 7 of this RFP. Without
‘No Deviation Certificate’ the bid is liable for rejection.

iv. Submission of technical proposal by a Bidder without any deviations signifies that
bidder has accepted all RFP terms & conditions.
v. The proposal should be free of overwriting/ corrections/ alterations.
vi. The proposals should be signed by the authorized representative/s of the bidder.

9.4 Disqualification

The proposal submitted by a bidder is liable to be disqualified if:

1.1.1 Not submitted in accordance with this document.

1.1.2 During validity of the bid or its extended period, if any, the bidder increases
his quoted prices.

1.1.3 Bid received in incomplete form or not accompanied by bid security amount.

1.1.4 Bid received after due date and time.

1.1.5 Bid not accompanied by all requisite documents.

1.1.6 Awardee of the contract qualifies the letter of acceptance of the contract with
his conditions.

1.1.7 Bidder fails to enter into a contract within 15 days of the date of notice of the
award of tender or within such extended period, as may be specified by MSEDCL.

Bidders may specifically note that while processing the tender documents, if it
comes to our knowledge expressly or implied, that a bidder has intended to form a
cartel resulting in delay / holding up the processing of tender then the bidders so
involved are liable to be disqualified for this contract as well as for a further period
of two years from participation in any of the tenders floated by MSEDCL.

It is also clarified that if need arises MSEDCL would go in for appointment of

outside party(s) to undertake the work under the captioned tender. In case any
party submits multiple bids or if common interests are found in two or more
Bidders, then such Bidders are likely to be disqualified, unless additional bids /
bidders are withdrawn immediately upon noticing such things.

9.5 Modification, Substitution & Withdrawal of the Proposal

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The bidder may modify, substitute or withdraw its proposal after its submission,
provided that written notice of the modification or withdrawal is received by MSEDCL
prior to the deadline prescribed for submission of proposals.

In case of substitution or withdrawal of proposal, the previous bid document will be

returned unopened on bid opening day. In case of modification of proposal, modified
bid document along with original bid document will be opened on bid opening day.

The Bidder’s modification, substitution or withdrawal notice shall be prepared, sealed,

marked and dispatched. The modification, substitution or withdrawal notice may also
be sent by fax or email but should be followed by a duly signed confirmation copy (in
original) not later than the deadline for submission of proposals.

No proposal may be modified or substituted subsequent to the deadline for submission

of proposal. No proposal may be withdrawn in the interval between the deadline for
submission of proposals and the expiration of the period of proposal validity specified
by the bidder on the Proposal Form.

10. Termination of Contract

10.1 Termination by Default

MSEDCL may, without prejudice to any other remedy for breach of contract, by written 7 days’
notice of default sent to the Successful Bidder, terminate the Contract in whole or part.

If the Successful Bidder fails to deliver any or all of the systems within the period(s) specified in
the Contract, or within any extension thereof granted by the Purchaser pursuant to conditions
of contract clause or if the Successful Bidder fails to perform any other obligation(s) under the
Contract.

In the event that MSEDCL terminates the Contract in whole or in part, pursuant to the
conditions of contract clause, it may procure, upon such terms and in such manner, as it deems
appropriate, systems or services similar to those undelivered, and the Successful Bidder shall be
liable to pay MSEDCL for any excess costs for such similar systems or services. However, the
Successful Bidder shall continue the performance of the Contract to the extent not terminated.

10.2 Termination for Insolvency, Dissolution etc.

MSEDCL may at any time terminate the Contract by giving written notice to the Successful
Bidder, if the successful bidder becomes bankrupt or otherwise insolvent. In this event
termination will be without compensation to the Successful Bidder, provided that such
termination will not prejudice or affect any right of action or remedy, which has accrued or will
accrue thereafter to MSEDCL.

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10.3 Force Majeure

Notwithstanding the provisions of conditions of contract, the Successful Bidder shall not be
liable for forfeiture of its performance security, liquidated damages or termination for default,
if and to the extent that, its’ delay in performance or other failure to perform its obligations
under the Contract is the result of an event of Force Majeure.

For purpose of this Clause, Force Majeure means an event beyond the control of the Successful
Bidder and not involving the Successful Bidder’s fault or negligence and not foreseeable. Such
events may include, but are not limited to, acts of MSEDCL either in its sovereign or contractual
capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight
embargoes.

If a Force Majeure situation arises the Successful Bidder shall promptly notify MSEDCL in writing
of such conditions and the cause thereof. Unless otherwise directed by MSEDCL in writing, the
Successful Bidder shall continue to perform its obligations under the Contract as far as is
reasonably practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.

10.4 Termination by MSEDCL due to change of ERP platform :

If MSEDCL decides to change its existing ERP platform, the contract shall be terminated by
MSEDCL by giving at least 30 days notice.

10.5 Disputes and Arbitration

If any dispute of any kind whatsoever shall arise between MSEDCL and the Successful
Bidder in connection with or arising out of the Contract, including without prejudice to the
generality of the foregoing, any question regarding its existence, validity, or termination, the
parties shall seek to resolve any such dispute or difference by mutual consultation. If the parties
fail to resolve such a dispute or difference by mutual consultation, the dispute can be resolved
as per the Arbitration & Conciliation Act. The jurisdiction for all Dispute resolution & Arbitration
activities will be Mumbai Only.

10.6 Ownership of Documents and Copy Rights

i. All the software/systems/procedures/process/techniques developed under this project
shall be indisputably MSEDCL’s property. All study documents, data and specification
prepared by the Bidder shall be the property of MSEDCL. As and when required or upon
termination of the Agreement, the aforesaid documents shall be handed over to
MSEDCL. Bidder shall take all necessary steps to ensure confidentiality in handling of all
the matters pertaining to business process studies, data, specifications, methods and
other information developed or acquired or furnished by the EMPLOYER by means of this
Agreement or in the performance thereof.

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ii. The Intellectual Property Rights in the Project of base products and Standard Materials
shall remain vested in the owner of such rights. The MSEDCL shall be granted non-
exclusive, and paid up license to use the base products and Standard Materials including
modifications thereto for the purposes agreed herein. The Intellectual Property Right of
the other elements of the project/Contract shall be exclusively with the MSEDCL.
However the MSEDCL has rights to transfer the base products licenses to any
Division/Location/Office of MSEDCL.

iii. The Purchaser’s Contractual rights to use the projects’ base products may not be assigned,
licensed, or otherwise transferred voluntarily except in accordance with the relevant license
agreement and in case of transfer of projects’ base products licenses to any
Division/Location/Office of MSEDCL as given in clause ii above.

iv. All the Intellectual property rights subsisting in any material including to any tools, utilities or
methodologies belonging to the Bidder and used to perform the obligations under this
Agreement shall remain with the Bidder. However, any additional or new inventions made in
the course of performance of services hereunder by the Bidder shall be in the name of
MSEDCL.

10.7 Transfer of Ownership

i. Ownership and the terms of usage of the Software and Materials supplied under the
Contract shall be governed by Tender Conditions. The vendor shall grant the purchaser a
perpetual license to use the software without any additional payment or obligations to
enter into a contact for maintenance or support.

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11. Annexures
11.1 Annexure 1: Checklist
(It is mandatory for the bidder to submit the documents mentioned in below checklist as part of the bid )
We confirm that we have gone through the bid document and as instructed in the document, we
hereby submit the following documents to form the bid:
Sr. No. Name of document Whether submitted
Yes/ No
1. Qualifying Requirement Compliances*
2. Bid proposal as per Annexure 2
3. Experience of firm in similar assignments as per Annexure 3 & 4
4. Price Bid Submission letter as per Annexure 6
5. Schedule of Price Bid as per Annexure 7* (to be uploaded separately in Price Bid Section only)
6. No Deviation Form as per Annexure 8*
7. CVs of Team Members as per Annexure 9
8. Bid security BG as per Annexure 10 or DD*
9. Key particulars of bid as per Annexure 13
10. Declaration sheet as per Annexure 14
11. Integrity Pact as per Annexure 15 *
12. Non-Disclosure Agreement as per Annexure 16 *
13. Certificate as to Corporate Principal as per Annexure 17
14. Balance sheets & Profit and loss account/Auditor Certificate for 3 preceding financial years
15. Write up on quality control procedures in the organization.
16. General financial & Commercial particulars
17. Organization details of Bidder.
a) Detail document with features of Application with process flow
b) Any other information.
c) Power of attorney, duly notarized, indicating that the person(s) signing the bid has(ve) the authority to sign
the bid and thus that the bid is binding upon the Bidder during the full period of its validity. -- YES/NO

Date : Signature:

Seal of the company

* Non Submission of these documents may lead to outright rejection of bid.

^Kindly note that maximum file size allowed in e-Tender website is 5 MB.

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11.2 Annexure 2: Proposal Form

To, Date:
Chief General Manager (IT),
th
MAHAVITARAN, Prakashgad, 4 Floor
Plot No G-9, A.K. Marg, Bandra (East),
Mumbai 400 051
Email – itetender@[Link]

Subject: Proposal to provide “Agency for Application Maintenance Services (AMS) towards
Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5
years ”

Dear Sir,

Having examined the Bid Document, the receipt of which is hereby duly acknowledged, we, the
undersigned, offer to provide “Agency for Application Maintenance Services (AMS) towards
Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years ” and
to meet such requirements & provide such services as are set out in the Bid Document.
We hereby attach the Technical Bid as per the requirements of the tender document.

We undertake, if our Bid is accepted, to adhere to the provide resources within the timelines
put forward in the RFP or such adjusted plan as may subsequently be mutually agreed between
us and MSEDCL, or its appointed representatives. If our Bid is accepted, MSEDCL will retain our
EMD as Performance Security Deposit.

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/
services 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 …………………..2020

(Signature) (In the capacity of)
Duly authorized to sign the Bid Response for and on behalf of:
……………………………………………………………….
(Name and address of the
Bidder) Seal/Stamp of Bidder

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11.3 Annexure 3: Qualification of the Bidder

1.1.8 Bidder Information Sheet

S. No. Particulars Details Page no. (for any

attachment)
1. Name of the Entity/ Organization
2. Registered office address
Telephone number
Fax number
Email
3. Correspondence Address
4. Details of the Contact Person
(name, designation, address)
Telephone
number Fax
number
Email
5. Financial Turnover FY 16-17:
FY 17-18:
FY 18-19:
6. Year and Place of the establishment of the
entity/organization
7. Service Tax Registration details
8. Details of the offices present in Madhya
Pradesh, if any

1.1.9 Experience/Project Details

[Link] Item Details

1 Name of the project
(Also specify the name of
website/portal/web
application
AND URL of the website/portal/Web application)

Work Order / Contract No.

Contract Value (In Lakhs)
2 Client Details
3 Name, Title & Address of the Client who can be
contacted
4 Project Duration
5 Start Date & End Date
6 Scope of work
7 Relevant work domain
8 Software Tools &
Technology used
9 Total Efforts in Man months
*Work Order/ Contract copy (Mandatory attachment)

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11.4 Annexure 5: Contract Proforma

This Agreement made this ____ day of _______, 2020, between the Maharashtra State
Electricity Distribution Company Limited, Represented by the Chief General Manager(IT),
th
Maharashtra State Electricity Distribution Co. Ltd.(MAHAVITARAN), Prakashgad, 4 Floor, Plot No G-
9, A.K. Marg, Bandra (East), Mumbai 400 051 (hereinafter called "the Employer") of the one part
and [Name of the Bidder & Address](hereinafter jointly called "the Contractor") of the other part.

Whereas the Employer desires to appoint agency for ‘Application Maintenance Services (AMS) towards
Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years’ at
Maharashtra State Electricity Distribution Company Limited, including guarantee (defects liability)
period, under bid package under bid package number___, Tender No. __ should be executed by the
Contractor, and has accepted a Bid by the Contractor for the execution and completion of such
Works and the remedying of any defects therein.

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to

2. The following documents shall be deemed to form as Contract Documents and shall be read and
construed as part of this Agreement:
(a) The Letter of Award no. ________________.
(b) The Tender Document Ver. ____
(c) The Addendum Nos. __________.
(d) Contractor’s Bid dated ____________
(g) The Completed Schedules, of Contractor’s Bid
(h) The Contractor's Proposal.

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the work,
remedy any defects therein in all respects with the provisions of the Contract.

4. Contract Price: The Employer hereby covenants to pay the Contractor, in consideration of the
execution and completion of the work, the remedying of defects therein and guarantee
performance, the amount of Rs. ________ Lakhs (Rs. [In word] Lakhs) or such other sum as may
become payable under the provisions of the Contract at the times and in the manner prescribed by
the Contract.

5. Contract Commencement and Completion Schedule: The Contract commencement date shall be
________, 2020 i.e. the date of issue of Letter Of Award (LOA) by the Employer. The contract period
shall be of 5 Years from the date of issue of LOA by the Employer i.e. _______, 2020. The time
stipulated for completion of work shall be the essence of the contract. The contractor shall so
organize his resources and perform and complete the work of “Application Maintenance Services
(AMS) towards Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard
systems for 5 years “ of Maharashtra State Electricity Distribution Company Limited,” in accordance
with the specified time schedule.

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6. Scope of Work: It will be as per RFP and as defined in the Contract Documents.

7. Terms of Payment:

The Terms of payment applicable to the Contract shall be as mentioned in RFP

Proof of completion report should be attached along with the Invoice raised as per the work
contract and certification by the MSEDCL.

Note :- The detailed procedure to be followed for preparation of invoices and processing of invoices
is given in Tender Conditions.

8. Taxes & Duties: -

8.1 TDS towards Income Tax will be deducted from the payment of Contract value as per rate
applicable.
8.2 The contract price includes all Taxes & Duties, which will be reimbursed to the Contractor
at actual. All the taxes and duties are applicable as per rule applicable from time to time.

9. Governing Law:
This Agreement has been executed and delivered in India and its interpretation, validity and
performance shall be construed and enforced in accordance with the Laws of India and also
the laws applicable to the State of Maharashtra. Any disputes arising out of
compliance/noncompliance of this Agreement shall be dealt exclusively under the jurisdiction
of court at Mumbai.

10. Claim, disputes and its settlement:

Any dispute or claim arising out of this Agreement shall be dealt with as per the procedure
Stipulated in Tender Document.

11. Notices:
All notices to be given under this Agreement shall be in writing and in English language. A
Notice shall be effective when delivered or on the notice effective date whichever is later.

12. All other terms and conditions shall be applicable as stipulated in Contract Documents.

13. Arbitration:
(a) All disputes or differences between the parties under or in connection with this
Agreement or any breach thereof shall be sought to be referred to the Chief General
Manager(IT).

b) If such differences or disputes as between the parties cannot be settled through Chief
General Manager (IT) within 180 days of such disputes, they shall be settled by arbitration as
per the procedure stipulated in Tender document. The arbitration shall be conducted in
accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any
statutory modification thereof from time to time.

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(c) The language of the arbitration shall be English and the place of arbitration shall be
Mumbai.

(d) Notwithstanding the existence of any dispute referred to arbitration, the parties shall
continue to perform their obligations under this Agreement.

14. Severability:
If any provision of this Agreement shall be determined to be contrary to law and
unenforceable by any court of law, the other conditions and provisions of this Agreement
shall nevertheless remain in full force and effect so long as the legal substance of the
transactions contemplated hereby are not affected, in any manner materially adverse to any
party. Upon such determination that any term or provision is invalid, illegal or incapable of
being enforceable, the parties shall negotiate in good faith to modify this Agreement so as to
give effect to the original intent of the parties as closely as possible, to the extent that the
transactions contemplated hereby can be fulfilled to the extent possible.

In Witness whereof the parties hereto have caused this Agreement to be executed the day and
year first before written in accordance with their respective laws.

Signature of authorized representative of the Contractor Signature of Employer

SEAL SEAL
In the presence of (Joint Partner): In the presence of:
Name ___________________________ Name _________________________
Signature _______________________ Signature_______________________
Address ________________________ Address ________________________

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11.5 Annexure 6: Financial Bid/Price Bid Submission Letter

(To be submitted on Letter Head)

To, XXXXXXXXXXXXXXXXXX

Sir,

Sub: Selection of an Agency for “Application Maintenance Services (AMS) towards Development and
Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 years “ - Financial Bid

We, the undersigned Bidders, having read and examined in detail all the bidding documents in
respect to Selection of an agency for Application Maintenance Services (AMS) of SAP Systems, do hereby
propose to provide our services as specified in the RFP.

Price and Validity

1.1 All the prices mentioned in our bid are in accordance with the terms as specified in the bidding
documents. All the prices and other terms and conditions of this bid are valid for a period of 180 days from
the last date of submission of bids.

1.2 We do hereby confirm that our bid prices include all applicable direct or indirect taxes (Central or State or
Local), rates, duties, charges and levies (Central or State or Local).

2. We declare that if any applicable direct or indirect taxes (Central or State or Local), rates, duties, charges
and levies (Central or State or Local) is altered under the law, we shall pay the same.

Deviations

We hereby declare that all terms and conditions mentioned in RFP and Corrigendum are acceptable to
us without any deviation and all the services shall be performed strictly in accordance with the bid
documents.

Bid Price

We declare that our bid prices are for the entire scope of the work as specified in the Requirements
specified in the bid documents.

Man-Month Rates

Man-month rates quoted for the purpose of the bid shall be valid for our services for the entire duration of
the project including as per the clauses stated in RFP.

Contract Performance Guarantee

We hereby declare that in case the contract is awarded to us, we shall submit the contract performance
guarantee bond in the form prescribed at Form 6 (Annexure 1) of the RFP.

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We hereby declare that our bid is made in good faith, without collusion or fraud and the information
contained in the bid is true and correct to the best of our knowledge and belief.

We understand that our bid is binding on us and that you are not bound to accept a Bid you receive.

Thanking you,

Yours faithfully

(Signature of the authorized representative of the Bidder)

Name:
Designation: Seal:

Date:
Place:
Business Address:

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11.6 Annexure 7: Price Bid Proposal

Application Maintenance Services (AMS) towards Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS
& Dashboard systems for 5 years as per the scope of work mentioned in the document:-
Part A : Charges for Application Maintenance Services
AMS GST GST Total AMS charges
charges % amount HSN SAC
Sl # Description including GST
(Rs.) (Rs.) Code Code
(C)=A+B
(A) (B)
1 Application
Maintenance
st
Services for 1 year
2 Application
Maintenance
nd
Services for 2 year
3 Application
Maintenance
Services for 3rd year
4 Application
Maintenance
th
Services for 4 year
5 Application
Maintenance
th
Services for 5 year

Total Contract value for 5

years (in Rs)

Total Amount in words

for 5 years ( In Rs.)
Part B : Charges for implementing Change Request approved by MSEDCL

Rate per GST amount Total rate per

manday including HSN SAC
man day GST
Sl # Description (Rs) Code Code
% Rs
(A) (B) ( C) = (A)+(B)
1 Change Request

Amount in word

Note : 1. Price quoted by the bidder for change request in part B will not be considered bid evaluation i.e. for selection of lowest bidder.
[Link] will be paid as per rates applicable from time to time.

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11.7 Annexure 8: Format for No Deviation
(Note: Bids without No Deviation Certificate are liable for rejection)

CERTIFICATE FOR NO DEVIATION

Tender Name:
Tender Number:

We, (Bidder’s Name), Hereby certify that there is no technical or commercial

deviation from the Conditions mentioned in Tender Document and I am agreeing
to all the terms and conditions mentioned in the Tender Specification.

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Authorized Signatory with seal
Date:
Place :

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11.8 Annexure 9: CV of Team Members

Company Name :
Proposed
Deployment
Role of the Candidate
Name Date of Birth
Professional Qualifications
Candidate
Information
Number of Years with the present Employer
Summarized Professional Experience in reverse chronological order(Not to exceed two
pages)
From To Company
Project
Position
Relevant Technical and Management Experience

Technical Skill Details

Languages Known

Authorized Signature

Name and designation of Signatory

Name of Firm
Address

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11.9 Annexure 10: Bank Guarantee Format (EMD)

To: Maharashtra State Electricity Distribution Company Limited

Represented by
Chief General Manager (IT),
th
MAHAVITARAN, Prakashgad, 4 Floor
Plot No G-9, A.K. Marg, Bandra (East),
Mumbai 400 051
Email – itetender@[Link]

WHEREAS [name and address of Contractor] (hereinafter called "the Contractor") has undertaken, in
pursuance of Tender No.______________, dated ____________ for “Application Maintenance Services
(AMS) towards Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems
for 5 years” of Maharashtra State Electricity Distribution Company Limited, (hereinafter called "the
Contract");

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance
with his obligation in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of ______________ [amount of Guarantee] _______________________[in
words], and we undertake to pay you, through our branch office at ____________ [Address of branch
office at Mumbai, Maharashtra], upon your first written demand and without cavil or argument, any
sum or sums within the limits of _________________________ [amount of Guarantee] as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the sum specified
therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.

The bank guarantee will remain in force from date of issue till ______________ (180 days from the
Date of Issue of Tender for EMD). Any demand in respect thereto should reach the Bank not later than
the specified date i.e. ______________. (180 days from the Date of Issue of Tender for EMD).

The bank guarantee for bid security may be forfeited:

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a) if the bidder withdraws its bid, except that written notice of the withdrawal of bid is received by the
employer prior to the deadline for submission of bids; or
(b) if the bidder does not accept the correction of its bid price, or
(c) if the bidder is determined, at any time prior to award of contract, to have engaged in corrupt or
fraudulent practices in competing for the contract; or
(d) in the case of a successful bidder, if it fails within the specified time limit to:
(i) sign the Contract Agreement, or
(ii) furnish the required contract performance security

Yours truly,
Signature and seal of the Guarantor:
Name of Bank/Financial Institution:
Address:
Date:
________________________________
________________________________
________________________________
________________________________
________________________________

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Annexure 11 Bank Guarantee for Contract Performance Security/Security Deposit

To: Maharashtra State Electricity Distribution Company Limited

Represented by
Chief General Manager (IT),
th
MAHAVITARAN, Prakashgad, 4 Floor
Plot No G-9, A.K. Marg, Bandra (East),
Mumbai 400 051
Email – itetender@[Link]

WHEREAS [name and address of Contractor] (hereinafter called "the Contractor") has undertaken, in
pursuance of Contract No___, dated ____________ 2020 for “Application Maintenance Services (AMS)
towards Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5
years “ of Maharashtra State Electricity Distribution Company Limited, (hereinafter called "the
Contract");

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance
with his obligation in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
1
Contractor, up to a total of ______________ [amount of Guarantee] _______________________[in
words], and we undertake to pay you, through our branch office at ____________ [Address of branch
office at Mumbai, Maharashtra], upon your first written demand and without cavil or argument, any
sum or sums within the limits of _________________________ [amount of Guarantee] as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the sum specified
therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid until the date of __________ (i.e. up to the end of contract period, with a
claim period of further six months.)
Date: Yours truly,
Signature and seal of the Guarantor:
Name of Bank/Financial Institution:
Address:
1
An amount to be inserted by the Guarantor, representing 10% of the Contract Price and denominated in Indian Rupees as specified in the Contract.

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11.10 Annexure 12: Pre-Bid Query Format

Tender Name: Appointment of an agency for Application Maintenance Services (AMS) towards
Development and Maintenance of SAP – ERP, HRMS, Payroll, ESS & Dashboard systems for 5 year .

Tender No. :

Name of the Company:

Name of Key Person:
Key Person Contact details: Mobile: Email:
Tender Purchased: YES/NO:
RFP Section & Clause

Sr. Clause Page RFP Section & Clause Query

No. No.

Note:
1. It is to be noted that Pre-Bid Queries must be sent within two days after Pre-Bid meeting in the
above prescribed format only. Any query sent afterwards shall not be entertained.

2. Pre-Bid queries should be sent on itetender@[Link] only. Other mode of communications

shall not be accepted.

3. MSEDCL is not bound to reply all the queries.

4. Replies of Pre-Bid Queries shall be published on MSEDCL e-Tender website.

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11.11 Annexure 13: Key Particulars of the Bid

1. Bidder's complete company Name and Address

2. Bidder's proposal No. & Date

3. Bidder's Proposal valid up to

4. Name & Designation of the officer of Bidder to whom all

references shall be made for expeditious co-ordination.

5. Do you certify that there are no DEVIATION in your Yes/No

proposal with respect to terms & conditions mentioned
in RFP?

6. Whether change of Ownership expected during the Yes/No

tenure of contract

7. Documentary evidence of authorized signatory Yes/No

submitted
Signature

Name

Designation

Seal of Company

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11.12 Annexure 14: Declaration Sheet

DECLARATION SHEET

I_______________________________________ certify that all the data furnished in the schedules

(annexure and forms) pertaining to this specification and representation of the offer covered by our
Proposal No.________ & Date _________ is correct.

I hereby certify that I am duly authorized representative of the bidder whose name appears above my
signature.

Bidder's Name

Authorized representative's Signature

Authorized Representative's Name

Bidder's Intent. The Bidder hereby agrees to comply with the requirements and intent of this
specification for the price indicated.

Seal of Company

Signature of the Bidder

Name & Address of the Bidder

Date

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11.13 Annexure 15 PROFORMA FOR INTEGRITY PACT (IP)

Between

Maharashtra State Electricity Distribution Company Limited (MSEDCL) hereinafter referred to as "The

Principal", And

M/s.………………………..hereinafter referred to as "The Bidder/Consultant/Supplier"

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for the job of
“Application Maintenance Services (AMS) towards Development and Maintenance of SAP – ERP, HRMS,
Payroll, ESS & Dashboard systems for 5 years.” The Principal values full compliance with all relevant laws and
regulations, and the principles of economic use of resources, and of fairness and transparency in its relations
with its Bidder/s, Consultant/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental
Organization "Transparency international" (TI). Following TI's national and international experience, the Principal
will appoint an Independent External Monitor who will monitor the tender process and the execution of the
contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent Corruption and to observe the
following principles:

a. No employee of the Principal, personally or through family members, will in connection with the tender,
or the execution of the contract, demand, take a promise for or accept, for himself/herself or third
person, any material or immaterial benefit which he/she is not legally entitled to.
b. The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal
will, in particular, before and during the tender process, provide to all Bidders the same information
and will not provide to any Bidder confidential / additional information through which the Bidder could
obtain an advantage in relation to the tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the
Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Consultant/Supplier

(1) The Bidder / Consultant/Supplier commit itself to take all measures necessary to prevent corruption.
He commits himself to observe the following principles during his participation in the tender process

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and during the contract execution.

(a) The Bidder / Consultant/Supplier will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the tender process or the
execution of the contract or to any third person, any material or immaterial benefit which he/she
is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever
during the tender process or during the execution of the contract.

(b) The Bidder / Consultant/Supplier will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelization in the bidding process.

(c) The Bidder / Consultant/Supplier will not commit any offence under the relevant Anti-Corruption
Laws of India; further the Bidder / Consultant/Supplier will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or document provided by the
Principal as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.

(d) The Bidder / Consultant/Supplier will, when presenting his bid, disclose any and all payments he
has made, is committed to, or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract.

(2) The Bidder / Consultant/Supplier will not instigate third persons to commit offences outlined above or
be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a Violation of Section 2 or in
any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to
disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder/Consultant/Supplier has committed a transgression through a violation of Section 2 such
as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder/
Consultant/Supplier from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be determined by
the circumstances of the case, in particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage. The
exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the available
evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to
and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Consultant/Supplier can prove that he has restored / recouped the damage caused by

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him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion
prematurely.

Section 4 - Compensation for Damages

(1) a) No employee of the Principal, personally or through family members, will in connection with the
tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or
third person, any material or immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will,
in particular, before and during the tender process, provide to all Bidders the same information and will
not provide to any Bidder confidential / additional information through which the Bidder could obtain an
advantage in relation to the tender process or the contract execution.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from
the Consultant/Supplier liquidated damages equivalent to Security Deposit / Performance Bank
Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to
condition that if the Bidder / Consultant/Supplier can prove and establish that the exclusion of the Bidder
from the tender process or the termination of the contract after the contract award has caused no
damage or less damage than the amount of the liquidated damages, the Bidder / Consultant/Supplier
shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in
any country conforming to the TI approach or with any other Public Sector Enterprise in India that could
justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or
the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Consultants / Suppliers / Subcontractors

(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in

conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,
Consultants/Suppliers and Subcontractors.

(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its
provisions.

Section 7 – Punitive Action against violating Bidders / Consultants / Suppliers / Subcontractors

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If the Principal obtains knowledge of conduct of a Bidder, Consultant, Supplier or Subcontractor, or of an
employee or a representative or an associate of a Bidder, Consultant, Supplier or Subcontractor which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the
Vigilance Office.

Section 8 - Independent External Monitors

(1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task
of the Monitor is to review independently and objectively, whether and to what extent the parties comply
with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions
neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/Consultant/Supplier accepts that the Monitor has the right to access without restriction to all
Project documentation of the Principal including that provided by the Bidder/Consultant/Supplier. The
Bidder/Consultant/Supplier will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to this project documentation. The same is applicable
to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of
the Bidder/Consultant/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the Principal and the Bidder/Consultant/Supplier. The parties offer to the Monitor the option to
participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or heal the violation, or to take
other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this,
the Monitor has no right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action. However, the Independent External Monitor shall give an opportunity to the
Bidder/Consultant/Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10
weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise,
submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under
relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible
action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration

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This Pact begins when both parties have legally signed it. It expires for the Consultant/Supplier 12
months after the last payment under the respective contract, and for all other Bidders 6 months after
the contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite
the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the
Principal.

Section 10 - Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of
the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall
not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.

(3) If the Bidder/Consultant/Supplier is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.

----------------------- ----------------------------------------------

For the Principal For the Bidder/Consultant/ Supplier

Place ……………… Witness 1: ----------------------------------

(Signature/Name/Address)

Date ………………. Witness 2: ----------------------------------

(Signature/Name/Address)

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11.14 Annexure 16 PROFORMA FOR NON-DISCLOSURE AGREEMENT (NDA)

(To be furnished on a stamp paper of Rs. 100)

This Agreement is made as of the ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 2020 between Maharashtra State

Electricity Distribution Company Limited. (MSEDCL), a Government of Maharashtra Enterprise, having its
registered office and Corporate office at Prakashgad, A.K. Marg, Bandra (E),Mumbai – 400 051
hereinafter referred as

First Part which expression shall unless repugnant to the subject or the context mean and included its
successors,
nominees or assigns and M/s ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ a
company incorporated under the Indian Companies Act, 1956, and having its registered office at ‐ ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ herein after called “‐ Second Part” which expression shall unless repugnant
to the subject or the context mean and include its successors, nominees or assigns.

Whereas in order to pursue the business purpose of this particular project as specified in

Exhibit A (the “Business Purpose”), M/s‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
recognize that there is a need to disclose certain information, as defined in para 1 below, to be used only
for the Business Purpose and to protect such confidential information from unauthorized use and
disclosure.

In consideration of First Part’s disclosure of such information, Second Part agrees as follows:

1. This Agreement will apply to all confidential and proprietary information disclosed by First part to Second
part, including information which the disclosing party identifies in writing or otherwise as Confidential
before or within thirty days after disclosure to the receiving party (“Confidential Information”).
Confidential Information consists of certain specifications, designs, plans, drawings, software, processes,
prototypes and/or technical information, and all copies and derivatives containing such Information, that
may be disclosed to other part by first part for and during the Purpose, which disclosing party considers
proprietary or confidential (“Information”). Confidential Information may be in any form or medium,
tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual
observation or by any other means by other part (hereinafter referred to as the receiving party) by the
First Part (hereinafter referred to as one disclosing party). Information shall be subject to this Agreement,
if it is in tangible form, only if clearly marked as proprietary or confidential as the case may be, when
disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be announced,

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and it must be reduced to writing and furnished to the receiving party within thirty (30) days of the initial
disclosure.

2. M/s ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ i.e. Second Part ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ hereby agreed that during the Confidentiality Period:

a) The receiving party shall use Information only for the Purpose, shall hold Information in confidence using
the same degree of care as it normally exercises to protect its own proprietary information, but not
less than reasonable care, taking into account the nature of the Information, and shall grant access to
Information only to its employees who have a need to know, but only to the extent necessary to carry
out the business purpose of this project as defined in exhibit A, shall cause its employees to comply
with the provisions of this Agreement applicable to the receiving party, shall reproduce Information
only to the extent essential to fulfilling the Purpose, and shall prevent disclosure of Information to
third parties. The receiving party may, however, disclose the Information to its consultants and
contractors with a need to know; provided that by doing so, the receiving party agrees to bind those
consultants and contractors to terms at least as restrictive as those stated herein, advise them of their
obligations, and indemnify the disclosing party for any breach of those obligations.

b) Upon the disclosing party's request, the receiving party shall either return to the disclosing party all
Information or shall certify to the disclosing party that all media containing Information have been
destroyed.

3. The foregoing restrictions on each party's use or disclosure of Information shall not apply to Information
that the receiving party can demonstrate:

a) Was independently developed by or for the receiving party without reference to the Information, or
was received without restrictions; or

b) Has become generally available to the public without breach of confidentiality obligations of the
receiving party. The information shall not be deemed to be available to the general public merely
because it is embraced by more general information in the prior possession of Recipient or of others,
or merely because it is expressed in public literature in general terms not specifically in accordance
with the Confidential Information; or

c) Was in the receiving party's possession without restriction or was known by the receiving party
without restriction at the time of disclosure and receiving party declare of possession of such
confidential information within a day upon such disclosure by disclosing party ; or

d) Pursuant to a court order or is otherwise required by law to be disclosed', provided that Recipient has
notified the disclosing party immediately upon learning of the possibility of any such court order or
legal requirement and has given the disclosing party a reasonable opportunity and co‐ operate with
disclosing party to contest or limit the scope of such required disclosure including application for a
protective order.

e) Is disclosed with the prior consent of the disclosing party; or

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f) The receiving party obtains or has available from a source other than the disclosing party without
breach
g) by the receiving party or such source of any obligation of confidentiality or non‐ use towards the
disclosing party.

4. Receiving party agrees not to remove any of the other party’s Confidential Information from the premises
of the disclosing party without the disclosing party’s prior written approval and exercise extreme care in
protecting the confidentiality of any Confidential Information which is removed, only with the disclosing
party’s prior written approval, from the disclosing party’s premises. Receiving party agrees to comply with
any and all terms and conditions the disclosing party may impose upon any such approved removal, such
as conditions that the removed Confidential Information and all copies must be returned by a certain
date, and that no copies are to be made off of the premises.

5. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing party all tangible
items containing or consisting of the disclosing party’s Confidential Information all copies thereof.

6. Receiving party recognizes and agrees that all of the disclosing party’s Confidential Information is owned
solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such
Confidential Information would cause irreparable harm and significant injury, the degree of which may be
difficult to ascertain. Accordingly, receiving party agrees that the disclosing party will have the right to
obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any
and all other rights and remedies available at law or in equity for such a breach.

7. As between the parties, all Information shall remain the property of the disclosing party. By disclosing
Information or executing this Agreement, the disclosing party does not grant any license, explicitly or
implicitly, under any trademark, patent, copyright, mask work protection right, trade secret or any other
intellectual property right. The disclosing party disclaims all warranties regarding the information,
including all warranties with respect to infringement of intellectual property rights and all warranties as to
the accuracy or utility of such information. Execution of this Agreement and the disclosure of Information
pursuant to this agreement does not constitute or imply any commitment, promise, or inducement by
disclosing party to make any purchase or sale, or to enter into any additional agreement of any kind.

8. Disclosing party’s failure to enforce any provision, right or remedy under this agreement shall not
constitute a waiver of such provision, right or remedy. This Agreement will be construed in, interpreted
and applied in accordance with the laws of India.

9. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties with
respect to the parties' respective obligations in connection with Information disclosed hereunder and
supersedes all prior oral and written agreements and discussions with respect thereto. The parties can
amend or modify this Agreement only by a writing duly executed by their respective authorized
representatives. Neither party shall assign this Agreement without first securing the other party's written
consent.

10. This Agreement will remain in effect for three years from the date of the last disclosure of Confidential
Information, at which time it will terminate, unless extended by the disclosing party in writing.

11. With regard to the confidential information of M/s disclosed to MSEDCL, MSEDCL agrees to comply with all

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the obligations of receiving party mentioned in this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers
or representatives.

M/S ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Maharashtra State Electricity Distribution Company Limited

Signature:

Printed Name:

Designation:

Exhibit A

1. Business Purpose: ……………………………………………………………

…………………………………………………………………………………….
2. Confidential Information of M/s ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

All communication/ information submitted to the MSEDCL relating to the proposal of

M/s__________________________marked as confidential.

3. Confidential Information of MSEDCL:

a. All details relating to architecture and other Network infrastructure details of MSEDCL etc.
b. All information shared in oral or in written form by MSEDCL with M/s‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

‐‐‐‐‐‐‐‐‐‐‐‐

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐.
c. Any information desired by M/s ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ shall be
justified for.
d. Information downloaded or taken in physical form shall be returned/ destroyed after use and not copied.
e. Draft Technical specifications for the various projects and Tender documents for the same.

MSEDCL: ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ M/s‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Signed Signed

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11.15 Annexure 17 Certificate as to Corporate Principal

CERTIFICATE AS TO CORPORATE PRINCIPAL

I _______________________ ,am __________of the Corporation, organized under the

laws of ___________________ , certify that ____________________________ who signed the
above tender is authorized to bind the Corporation by authority of its governing body.

Signature :
Full Name & Address :
Seal of the Company :
Date :

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MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

POLICY & PROCEDURE FOR DEBARRING OF

AGENCY FROM BUSINESS DEALINGS WITH MSEDCL
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INDEX
[Link]. Topic

1 Preamble
2 Preface
3 Introduc on
4 Short tle and Commencement
5 Applicability
6 Objecives
7 Scope
8 Definivons
9 Grounds for Debarring

10 Competent Authority (CA) &

Appellate Authority (AA) for Debarment

11 Powers of Competent Authority (CA) &

Appellate Authority (AA)
12 Procedure
13 Period of Debarment
14 Consequences of Debarment
15 Withholding
16 Appeal against the Debarment order
17 Revoca on of Debarment Order
18 Interpreta on
19 Post Debarment Ac on
20 Amendments

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POLICY & PROCEDURE FOR DEBARRING OF AGENCY

FROM BUSINESS DEALINGS WITH MSEDCL
(…In addition to Tender and other conditions and relevant Law)

1. PREAMBLE
The purpose of this policy and procedure is to develop standard debar policy and procedure in
order to ensure parcipa on of reliable and honest bidders/contractors/vendors, etc.

2. PREFACE
In exercise of the power under Sec-on 131, 133 and 134 of the Electricity Act, 2003 the
Government of Maharashtra by a No fica on dated 4 th June 2005, (Ref. No. Reform
1005/CR/9061/NR G-5) formulated a Transfer Scheme where under the Maharashtra State
Electricity Board (MSEB) was trifurcated into separate genera on, transmission, distribu]on
companies. As per the Transfer Scheme, the Maharashtra State Electricity Distribu]on Company
Limited (MSEDCL) was designated as a Distribu]on Licensee.
The main func ons and du es of Maharashtra State Electricity Distribu]on Company Limited are to
acquire, establish, construct, take over, erect, lay, operate, run, manage, hire, lease, buy, sell,
maintain, enlarge, alter, renovate, modernize, work and use projects associated lines and all things
connected there to for the purpose of distribu]on of power including sub- sta on, civil works
distribu]on centre, cables, wires, lines, accumulators, plant, motors, meters, apparatus, materials
and to carry on the business of purchasing, impor‰ng, expor ng, trading or otherwise dealing in
Electric Power, to distribute and supply of electricity.
3. INTRODUCTION
MSEDCL deals with various Agencies like Turnkey Contractors/ Suppliers/ Service providers to
execute various projects. These agencies are repeated to perform, in le er and spirit of the condi
ons of Standard Bidding Documents and deliver in line with best corporate governance prac ces.
Learning from the past experiences, the new iniva ves were taken, to avoid delay in execuon of
works and to achieve further improvement in quality of the material and work.
Timely comple on of project, being the essence of any project, the progress with reference to the
agreed Milestone is con nuously monitored. The quality of material and work is checked at di
erent level by MSEDCL's o cers and also by third party/independent agency. Necessary ac ons as
per General Condivons of Contract (GCC) are taken against the contractor if the progress is not
achieved as per the agreed Milestone and/or if the quality is not maintained.

It is, however, observed that in spite of all this there are quite a few cases where a
contractor/agency either repeatedly failed to complete the projects as per agreed me schedule or
failed to rec fy some of the major defects no fied and failed to maintain quality of material or
convnued repeang the same defects thereby violang the provisions of tender/contract condi ons in
le er and spirit.

Although, there is a provision in Standard Bidding Document (SBD) to inivate ac on of termina on

against defaulµng Contractor/Agency/Vendor, there is no policy in existence for debarring of such
Contractor/Agency/ Vendor. Due to this, even if a Contractor/Agency/ Vendor whose past
performance is not sa sfactory or whose previous contract was terminated is allowed to parcipate
in new/fresh tenders.

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If such a contractor is again awarded a tender then it is possible that the awarded tender is executed
in a poor manner once again leading to delay in comple on of the project and/or the quality of
material and work ge ng su ered. It would be against interest of MSEDCL to deal with such
agency. In order to ensure compliance it requires debarring policy so that the Contractor/Agencies/
Vendor perform the contractual obliga ons with good quality and complete of the contract in mely
manner. A need, therefore, is felt to assess and iden fy Agencies on the basis of their performance
and debar defaulµng Agency for a certain me period from taking part in the future tendering
process of MSEDCL. Further, as per the O ce Order No 18/3/05 dated 24th March, 2005, issued by
Central Vigilance Commission (CVC), GOI, the banning of business dealings with Agencies is an
administra ve ma er to be decided by the management of the organiza on and the CVC does not
give its advice in such ma ers. In view of this, MSEDCL has prepared this Policy and set the
procedure for debarring of Agency/Contractor from business dealings with MSEDCL a er referring
the debar policies adopted by few organiza ons like NTPC, WBPDCL, EIL etc.

4. SHORT TITLE AND COMMENCEMENT

The policy shall be called Policy and Procedure for Debarring of Agencies from business
dealings with MSEDCL. This policy and procedure shall have e ect from 15/05/2018

5. APPLICABILITY
The policy shall be called Policy and Procedure for Debarring of Agencies from business
dealings with MSEDCL. This policy and procedure shall have e ect from 15/05/2018

6. OBJECTIVES
Various agencies are expected to prac ce and adopt best governance prac ces, so that contract
and bidding documents condi ons are adhered to, in le er and spirit. The purpose of this policy
is to formulate a procedure for debarring of business dealing with agencies where they are
found to commit lapses /defaults/ o ences or anything unethical not expected from an agency.

7. SCOPE
7.1 MSEDCL reserves its right to debar any Agency from any business dealings with it, if
such Agency is found to have commi ed decepon, fraud or misconduct or any other act which
is not in the interest of MSEDCL in the execuon of contracts awarded or any of its ac on(s)
fall into any such categories as laid down in this policy.
7.2 The procedure for Debarring of Business Dealing with any Agency including withholding has
been laid down in this policy.
7.3 The provisions of this Policy is in addi on and will have overriding e ect on all earlier policy,
procedures & system circulars issued for the similar purpose from the date of this policy.
7.4 The provisions of this policy will be e ec ve on inves ga ons conducted or
misconduct/irregularioes no ced on the part of any Agency in all contracts awarded on or a er the
date of implementa on of this policy.

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8. DEFINITIONS
In this policy, unless the context otherwise requires :
8.1 Agency shall mean Contractor / Supplier / Purchaser / Bidder/ Vendor/ MSEDCL approved
sub-contractor of a Contractor to whom work has been awarded. It shall include, but not limited to,
a public limited company or a private limited company, a firm whether registered or not, a
proprietorship, any individual, a coopera ve society or an associa on or a group of persons engaged
in any commerce, trade, industry, or cons tuents of an unincorporated Joint Venture Company, etc.
8.2 Bid / Tender shall mean an o er, proposal or quote for goods, services or works in response to
solicita on issued for such goods, services or work by MSEDCL.
8.3 Competent Authority' and 'Appellate Authority' shall mean the following :
a) For Contracts awarded from Corporate Office ( CE & Above)
For Purchase Order (LOA) value up to & below 10 Cr., the Director (Project) / Director (Opera
on) shall be the 'Competent Authority' for the purpose of this policy. The Chairman & Managing
Director (CMD) shall be 'Appellate Authority' in respect of such [Link] Purchase Order (LOA)
value above 10 Cr., the Chairman & Managing Director (CMD) shall be the 'Competent Authority'
for the purpose of this policy. The Board of Directors shall be the 'Appellate Authority' in respect
of such cases.
b) For Contracts awarded from the Regional offices (RD) and Zonal offices (CE)
For Purchase Order (LOA) value up to & below 10 Cr., the Director (Project ) / Director (Opera
on) shall be the 'Competent Authority' for the purpose of this policy. The Chairman & Managing
Director (CMD) shall be 'Appellate Authority' in respect of such cases. For Purchase Order (LOA)
value above 10 Cr., the Chairman & Managing Director (CMD) shall be the 'Competent Authority'
for the purpose of this policy. The Board of Directors shall be the 'Appellate Authority' in respect
of such cases.
c) For Contracts awarded from the Circle offices (SE)
The Regional Director shall be the 'Competent Authority' for the purpose of this policy. The
Director (Project) / Director (Opera on) shall be 'Appellate Authority' in respect of such cases.
d) For Contracts awarded from the Division offices ( upto EE)
The Field Chief Engineer shall be the 'Competent Authority' for the purpose of this policy. The
Regional Director shall be 'Appellate Authority' in respect of such cases.
8.4 Enquiring Commiuee' (EC) shall mean the following :
a) Enquiring Commiuee at Corporate Office / For Contracts awarded from Corporate
Office & Regional offices
The Commiuee cons tuted for the purpose of these policy & comprising members from Technical /
MMC, Finance / Audit and Legal department. Addi onal member(s) from any other
department/field as considered appropriate may also be co-opted on case to case basis. The level of
the commi ee members shall be Chief Engineer or above. Preferably, the members of Enquiring
Commiuee shall include the CE (Distribu]on) or CE (Infra) or CE (MMC), CGM (I/A or C/F),
Legal Adviser or CLA.

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b) Enquiring Commiuee at Regional Office / For Contracts awarded from the Circle offices
The Commiuee cons tuted for the purpose of these policy and comprising members from
Technical/Project, Audit and Legal department. Addi onal member(s) from any other
department/field as considered appropriate may also be co-opted on case to case basis. The level of
the commi ee members shall be Superintending Engineer or above. Preferably, the members of
Enquiring Commiuee shall include the SE (Opera on) or SE (Infra) at Regional O ce, GM (F&A),
concern Legal Adviser or Dy LO.
c) Enquiring Commivee at Zonal Office / For Contracts awarded from Division offices The
Commiuee cons tuted for the purpose of these policy and comprising members from
Technical/Project, Audit. Addi onal member(s) from any other department/field as considered
appropriate may also be co-opted on case to case basis. The level of the commi ee members shall
be Execuve Engineer or [Link], the members of Enquiring Commiuee shall include the
SE (O &M) of other Circle or SE( Infra), AGM (F&A), Dy or Assist. Legal O cer.
8.5 Debarring : Business dealings with an agency may be debarred if it is considered not desirable
to con nue the business with the agency. It means ac on taken by the Competent Authority/
Appellate Authority pursuant to this policy prohibi]ng agency from directly or indirectly
performing any work for or otherwise parcipa ng in MSEDCL bid/ tender including to prohibit
agency from submi¤ng a bid, having a bid considered, or entering into any work/ contract during a
specified period of me as set forthin debarment order.
8.6 Purchase Order Issuing Authority(LOA) '&' Vender Approving Authority (VA) : Shall
mean the person(s) designated to act for and on behalf of MSEDCL for the discharge of his duZes
in execuon of the Work/ Project/ Job/ Role, and shall include but not limited to the Regional
Director(s), Execuve Director(s), Chief Engineer(s), Superintending Engineer(s), Execuve
Engineer(s), etc.
9. GROUNDS FOR DEBARRING
9.1 Debarring from business dealings can be inivated against the Agency if involved or
commi ed any of the following misconduct/ irregularioes :
a) The Directors, Proprietors, Partners, Employee(s) or owner of the agency have been either
jointly or severally guilty of malprac ces such as fraud including but not limited to submission of
fake or forged documents/ cer-ficates/ guarantees, subs tušon of tenders, etc. in rela on to its
business dealings with the Government or MSEDCL, during the last five years.
b) The business dealings with the agency have been debarred by any Ministry of GoI/GoM and s
ll in force.
c) The agency is found to have been in default in paying any dues resul ng in incurring financial
loss to the MSEDCL by virtue of an order and/or direc on of any Statutory Authority or Court or
Arbitra on, etc for making such payment in respect of the agency concerned.
d) The agency is repeatedly found to be non performing in execuon of 3 (three) or more contracts
and/ or in rec fica on of criŒcal/major defects as specified in annexure -C, pointed out by
MSEDCL or any person authorized by MSEDCL, in last 5 (five) years.
Competent Authority is expected to proceed with due care and responsibility before debarring any
bidders/contractors/venders as it is a dras c step to be taken against the Firm /Person.
The grounds given above are only illustra ve and not exhaus ve. The Competent Authority may
decide to debar an Agency according to the seriousness of the ground.

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9.2
a) The Competent Authority shall decide depending upon the level of severity in defaults from
the agency, the period of debarring. In case of major lapses and a criminal or fraudulent type of
issues involved therein, the First Informa on Report (FIR) to Police Department shall be lodged.
b) If any one or more Partner/ Directors of any debarred Agency firm promotes or forms a new
contrac ng firm or a sister-concern firm of the said debarred Agency, then it shall also be
considered as a debarred firm.
10. COMPETENT AUTHORITY (CA) & APPELLATE AUTHORITY (AA)
FOR DEBARMENT
Considering the above men oned grounds for Debarring from business dealings can be inivated
against the Agency, a er due scru ny by the Purchase Order issuing authority (LOA) or Vender
Approving Authority (VA) and shall serve upon the 'Show Cause No ce' for Debarring of the
Agency a er termina on of contract is e ected. For the purpose of debarment, the powers delegated
to the following designated o cers of MSEDCL as Competent Authority (CA) and as Appellate
Authority (AA) for debarring of business dealings with the accused Agency. The Process Flow
Chart of Debarring of Agency is enclosed at Annexure - B
Sr. Purchase Order Issuing Enquiring Competent Authority Appellate Authority for
No. Authority (LOA)& Vender Commiuee for Debarring (CA) Debarring (AA)
Approving Authority (VA) (EC)
1 Upto Execu ve At Zone Office Chief Engineer (O&M) Regional Director (RD)
Engineer (EE)
2 Superintending At Regional Regional Director (RD) Director(Project)/
Engineer (SE) Director Office Director (Opera on)
3 Regional Director & At Corporate Director(Project)/ Chairman & Managing
Chief Office (below
Engineer (O&M) / 10 Cr.) Director (Opera on) Director (CMD)
4 And all Orders from At Corporate Chairman & Managing BOARD OF DIRECTORS
Corporate Office Office (above Director (CMD)
10 Cr.)

11. POWERS OF COMPETENT AUTHORITY AND APPELLATE AUTHORITY

a) To inves gate the ma er in connecvon with the allega on of corrupt, fraudulent,
coercive or collusive prac ces or illegal prac ce of agencies.
b) To ensure mely and expedi-ous disposal of proceedings of debarment.
c) Seek advice or opinion on specific issues.
12. PROCEDURE
The Purchase Order Issuing Authority(LOA) or Vendor Approving Authority (VA) of the
concerned department on no cing any misconduct and/or irregularioes as men oned in clause 9.1
above, shall serve upon the ' Show Cause No ce for Debarring ' a er termina on or closing of
contract(s) sta ng therein the facts/ reasons containing the allega on of misconduct or irregularioes
and the period of 14 days to be a orded to the agency to present their statement/ submission in the
form of reply in response to Show Cause No ce.

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In the event, non receipt of reply from the agency within the s pulated period, ac on as proposed
will be proceeded with and no representa on/submissions therea er will be accepted. In each case,
copy of service return of no ce be kept and a confirmatory document through electronic mode is
sine qua non.
a) The Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA) shall
submit the duly recommended detailed proposal of debarring of Agency to the Competent
Authority (CA) along with Show cause no ce and reply, if any and parawise jus fica on to the reply
to the Show Cause No ce submi¤ed by the Agency, if any for considera on and order.
b) The Competent Authority (CA) shall scru nize, the proposal and depending on merit of the
case and a er examining the material on record shall decide to proceed for enquiry or to close the
case. In the event of exonera on of the Agency from debarring, the decision shall be conveyed to
LOA or VA issuing authority and subsequently it shall be informed to Agency.
c) If the Competent Authority (CA) arrives at the decision to proceed in the ma er then the
complete case shall be handed over to the Enquiring Commiuee (EC). The Enquiring Commiuee
shall in detail examine the materials on record, conduct the hearing and decide the case as per the
principle of natural jus ce.
During the process of hearing, only the authorized representa ve of Agency will be permiŒed to
represent the Agency and no Legal prac oner / Advocate shall be allowed to plead the case on its
behalf.
d) The Enquiring Commiuee shall submit its Report along with detailed findings within 30 daysto
the Competent Authority (CA). The Competent Authority (CA) shall pass an appropriate order a er
examining the material on record.
e) The decision of the Competent Authority (CA) shall be in the form of Reasoned Order, the
period for which the debar would be opera ve shall be men oned in the order and the same shall be
communicated to the LOA or VA issuing authority.
f) The Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA) shall then
communicate the decision of debarring of business dealings along with the order of Competent
Authority (CA) to the Agency.
g) The procedure for debarring shall be completed within a period of three months from iniva on
of case by concerned authority.
The Reasoned Order shall be communicated to the agency at its recorded address available with
MSEDCL within 15 days of order issued by Registered post. In addi on to it, the copy shall
preferably be sent on the registered Email address of the Agency.

13. PERIOD OF DEBARMENT

The period for which an agency is debarred shall clearly be men oned in the order. Period of
debarment of business dealings shall be decided by the Competent Authority in exercise of its
power delegated and would depend upon the seriousness of the cause. Debarment shall be up to the
maximum period of five (5) years. Provided further that in case the informa on/documents
submi¤ed by the agency is found to be false/forged at any point of me, MSEDCL shall have a
right to recover from the agency the cost incurred in carrying out physical assessment for
establishing veracity of such informa on/document including a penalty decided by the Enquiring
Commiuee.

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If the agency fails to reimburse such cost and penalty to MSEDCL, the debarment period of the
agency may be extended by the Enquiring Commiuee which shall not in any case exceed more
than two (2 ) years but in any cumula ve period for debarring the Agency shall not exceed five
(5) years, in excep-onal cases such period shall be up to five (5) years and the cumula ve period for
debarring of agency in such cases shall not exceed ten (10) years.

14. CONSEQUENCES OF DEBARMENT

Upon issuance of the order of debarment of an agency from future business dealings with
MSEDCL, the debarred agency along with its Joint Venture Partner Firm shall not be allowed to
parcipate in any future tender/s, during the debarred period. Further, in case the agency has already
parcipated in the tender process and the price bid is not opened prior to issuance of the order of
debarment of business dealings, its Techno Commercial Bid shall be rejected and Price Bid shall
not be opened.
In the event the Price Bid of the parcipa ng agencies has been opened and the agency against
whom the order of debarment of business dealings has been issued, the bid of the debarred agency
shall be rejected even if he is found to be successful bidder, considering the agency as disqualified.

Provided the order of debarment of business dealings issued against any agency shall not override
the rights of the debarred agency already engaged in execung any other contract(s) ll its comple
on.

15. WITHHOLDING
The Competent Authority (CA) may, depending on the severity of the case, withhold the business
dealing with the agency ll the report given by the Enquiring Commiuee from the date of iniva on
of proposal of debarring.

16. APPEAL AGAINST THE DEBARMENT ORDER

The Process Flow Chart of Appeal procedure against the Debarment Order is enclosed at
Annexure - C
a) The Agency, aggrieved by the order of debarment, may prefer an appeal before the Appellate
Authority (AA), against the order of the Competent Authority (CA) specifying the grounds of
appeal along with necessary documents.
b) Such appeal shall be filed within one month from the date of receipt of the order of debarment
of business dealing. The agency shall represent their case through authorized representa ve of its
agency, and no service of legal prac oner shall be adopted.
c) Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA) shall submit all
the original papers of the debar case to Appellate Authority (AA), along with the jus fica on on
points raised in appeal by debarred Agency.
d) Appellate Authority shall admit the appeal and decide the appeal within 45 days from the filing
of appeal. The agency may file any addi onal document/evidence before the Appellate Authority, if
Appellate Authority permits.

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e) Appellate Authority shall pass appropriate Reasoned Order on appeal and communicate
decision to the Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA)
through the Competent Authority (CA). LOA or VA Issuing Authority will then communicate
appeal order to the Debarred Agency.
No appeal shall lie to the Appellate Authority against the final order of the competent authority
pursuant to the wriŒen consent of the agency.
Awai ng the decision of the competent authority, the debarring order passed by the competent
authority shall remain e ec ve ll Appellate Authority takes a final decision in the ma er.
The order of the Appellate Authority is final and binding.

17. REVOCATION OF DEBARMENT ORDER

The order for debarment passed for certain specified period shall be deemed to have been automa
cally revoked on expiry of the specified period and it will not be necessary to issue a specific
formal order of revoca on.
An order of debarment for the reasons men oned above may be revoked if accused has been
wholly exonerated by Court of Law.

18. INTERPRETATION
The competent authority shall be responsible for the administra on, interpreta on, applica on and
revision of this policy. The policy will be reviewed as and when needed.

19. POST DEBARMENT ACTION

The Competent Authority (CA) ensure the following :
a) Hos ng at MSEDCL Website: The name of the Agencies with whom Business Dealings have
been debarred shall be hosted at MSEDCL website by HO-IT Department, a er confirma on of
Debarment of the Agency.
b) The Competent Authority shall ensure that the names of the debarred agency along with the
names of Director, JV Partner, Owner of the debarred Agency is displayed on the MSEDCL
website.
c) The cancella on is ac vated for Online Login for e-Tendering website of MSEDCL for the
debarred Agency Firm during the period of debarment.
d) Copy of the order of debarring of the Agency shall be conveyed to all Uoli es in India and
Financial Ins tušons viz; REC, PFC, etc. and Ministry of Power of both GOM and GOI.

20. AMENDMENTS
MSEDCL may introduce modifica on here to through the amendment of its specific provision as
the need arises and the amendment to this policy shall be applicable to the ongoing contract as
well future contract.

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ANNEXURE : A
QUALITY OF INSTALLATION (WORKMANSHIP)

DEFINITION OF DEFECT CATEGORIES

Defects shall be categorized into broad three types. All types of defects reported in the field shall
fall in one of these categories.

1) CriŒcal defects
2) Major defects
3) Minor defects

CRITICAL DEFECTS :
These defects must be rec fied before charging. CriŒcal defects are those which endanger life and
property. Dangerous deficiencies on safety, ground clearances, equipment earthing and protec on
would come this category. These are defects in presence of which the Electrical Inspector would
not allow charging of the electrical installa on. That is, if equipment are already energized, it
should be de-energized and rec fied without delay. If criŒcal equipment like distribu]on
transformer HT and LT line have been installed dangerously, the defect type would fall under
criŒcal category of defect.
Example : LA is not connected, DT neutral earth is missing, Earth electrodes not installed, Ground
clearance not as per IE rule, Oil level low in transformer.

MAJOR DEFECTS :
These defects must be rec fied before opera onal handover (to Opera on and Maintenance wing).
These are major devia ons from drawing and specifica on. These are serious devia on with respect
to contract. The electrical installa on can be charged temporarily. However, the defects should
preferably be rec fied before charging.
Example : Pole not pitched at proper depth, Brick-bats / founda on inadequate, use of undersized
earth wire, precariously loose electrical connecvons and mechanical [Link].

MINOR DEFECTS :
These defects are very minor in nature. Such defects in electrical installa ons keep surfacing during
opera on and maintenance. The installa on may be charged with these defects. However they must
be rec fied
Example : Danger board not proper, energy meter not installed before contractual handover (before
final payment is released and contract is closed), missing barbed wire, stay wire loose, loose
fasteners, vegeta on too close to HT / Lt line.
Note :
1) These defects are broad in nature. Actual field defects need to be defined more accurately by
inspectors.
2) All pictures depic‰ng defects should be numbered. Their number men oned in the report shown
in the table
3) A village infrastructure schema c (single line diagram) showing DTRs, HT and LT poles duly
numbered by the inspector shall be submi¤ed along with the report. Their number shall be used to
describe loca on of defects for PIA to rec fy.

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ANNEXURE : B

PROCESS FLOW CHART OF DEBARRING OF AGENCY / VENDOR

Agency /Contractor Vendor

Purchase Order Issuing Vender Approving

Authority (LOA)… terminate Authority (VA) ....Cancel

business dealings & issue the Vender Approval and issue
Debar Show Cause NoEce to Debar Show Cause No ce to
Agency vendor
Reasoned order from Withhold Business

CA for Exonera on, if Dealing with Agency

granted, to close case ll Debar Order passed
Competent Authority (CA)

Receipt of Debar Proposal along

with Reply to Show Cause No ce
Member

from
Technical
Member Enquiring Commiuee (EC)
from F&A (Scru ny, hearing, if required)
Dept.
Member from

Legal Cell
Enquiring Commi]ee (EC)

….Reasoned order
ACTIONS AFTER DEBARRING OF AGENCY / VENDER

Upda ng on MSEDCL Website

Cancella on of Online Login to E-Tendering site
Inform to all Uoli es in India, REC,PFC & Ministry
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ANNEXURE : C

PROCESS FLOW CHART OF APPEAL AGAINST DEBARMENT ORDER

OF AGENCY / VENDOR
Appeal Order Debarred Agency Appeal Proposal

Purchase Order

Issuing Authority Appellate Authority

(LOA) or Vender (AA) …Admit the
Approving Authority Appeal, …Remand all
(VA)….Submit all original original papers of Debar
papers of Debar case Case from PO/WO or VA
…Communicate final
appeal order to Agency
Appeal Proceeding by AA

(Scruµny, hearing, if required)

Reasoned order by AA

Competent Authority (CA)

….Decision of AA convey to LOA

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Maharashtra State Electricity Distribu]on Co. Ltd.

Prakashgad, Plot No. G-9 Anant Kanekar Marg, Bandra (E), Mumbai - 400 051

Website : [Link]

Toll Free Number : 1800 200 3435 / 1800 233 3435 / 1912
For your feedback please mail us at : msedcl@[Link]

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LIST OF SERVICES
SR. SERVICE NAME ACTIVITY UOM SAC CODE REQ. QTY VERSION MATERIAL
NO. NUMBER TYPE
1 40402438 ADM 042 Activity 998313 1 null
Maintenance unit

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Required Documents (To be uploaded online)

Sr. No. NAME SECTION ITEM DESCRIPTION

PRICE BID SECTION

40402438 Note: Upload your price bid in Price Bid Section
1 PRICE BID Price Section Only. DO NOT upload Price Bid in Commercial
Maintenance
Section. Otherwise your bid will be disqualified.

2 Technical Section part 2 Technical 40402438 Tech Section part 2

Section Maintenance
3 Technical Section part 1 Technical 40402438 Tech Section part 1
Section Maintenance
4 Tech Section part 5 Technical 40402438 Tech Section part 5
Section Maintenance
5 Tech Section part 4 Technical 40402438 Tech Section part 4
Section Maintenance
6 Tech Section part 3 Technical 40402438 Tech Section part 3
Section Maintenance
7 Comm Section part 4 Commercial Comm Section part 4
Section
8 Comm Section part 2 Commercial Comm Section part 2
Section
9 Comm Section part 1 Commercial Comm Section part 1
Section
10 Comm Section part 3 Commercial Comm Section part 3
Section

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