0% found this document useful (0 votes)
253 views131 pages

RFP For EBS Migration

This document is a Request for Proposal (RFP) issued by Gujarat Mineral Development Corporation Ltd. (GMDC) to select a Managed Service Provider (MSP) to assist with Oracle EBS cloud migration and post-migration operations and maintenance services. The scope of work includes reviewing existing infrastructure and applications, migrating the on-premises database and applications to GMDC's procured cloud infrastructure, post-migration operations and maintenance for 3 years, gap analysis, and preparing a roadmap for migrating to software as a service. The roles and responsibilities of GMDC and the selected MSP are also outlined. The RFP provides instructions to bidders on the bidding process,

Uploaded by

Nirav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
253 views131 pages

RFP For EBS Migration

This document is a Request for Proposal (RFP) issued by Gujarat Mineral Development Corporation Ltd. (GMDC) to select a Managed Service Provider (MSP) to assist with Oracle EBS cloud migration and post-migration operations and maintenance services. The scope of work includes reviewing existing infrastructure and applications, migrating the on-premises database and applications to GMDC's procured cloud infrastructure, post-migration operations and maintenance for 3 years, gap analysis, and preparing a roadmap for migrating to software as a service. The roles and responsibilities of GMDC and the selected MSP are also outlined. The RFP provides instructions to bidders on the bidding process,

Uploaded by

Nirav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 131

Request for Proposal

for

RFP for Selection of Managed Service Provider (MSP)


to carryout services associated to Oracle EBS Cloud
Migration and Operations & Maintenance Services
Post Migration

GMDC/CO/IT/OCI/01/2023-24

Gujarat Mineral Development Corporation Limited


Khanij Bhavan, 132-ft Ring Road, Gujarat University Ground,
Vastrapur, Ahmedabad- 380052

October 2023
RFP for Selection of Managed Service Provider (MSP) to carryout services associated to
Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration.

DISCLAIMER

This RFP is being issued by the Gujarat Mineral Development Corporation Ltd (GMDC)
(hereunder called “Authority”/ “GMDC”) to the Bidders/service providers interested in
assisting GMDC in its Oracle Cloud Migration and Post Migration Operations & Maintenance
services project.

It is hereby clarified that this RFP is not an agreement, and the purpose of this RFP is to
provide the Bidder(s) with information to assist in the formulation of their proposals/Bids.
While the RFP has been prepared in good faith with due care and caution, GMDC does not
accept any liability or responsibility for the accuracy, reasonableness, or completeness of the
information, or for any errors, omissions, or misstatements, negligent or otherwise, relating
to any feasibility / detailed project report or any other reference document mentioned,
implied or referred herein. This RFP may not be appropriate for all persons. It is not possible
for GMDC to consider the investment objectives, financial situation and particular needs of
each Proposer/Bidder who reads or uses this RFP. Each Proposer/Bidder should conduct its
own investigations and analysis and should check the accuracy, reliability, and completeness
of the information in this RFP and where necessary, obtain independent advice from
appropriate sources.

Bidder should carefully examine and analyze the RFP and bring to the notice of GMDC any
error, omission or inaccuracies therein that are apparent and to carry out its own
investigation with respect to all matters related to the captioned subject, seek professional
advice on technical, financial, legal, regulatory and taxation matters and satisfy himself of
consequences of entering into any agreement and / or arrangement relating to the captioned
subject. GMDC and its employees make no representation or warranty, express or implied,
and shall incur no liability under any law, statute, rules or regulations as to the accuracy,
reliability or completeness of the information contained in the RFP or in any material on which
this RFP is based or with respect to any written or verbal information made available to any
Proposer or its representative(s).

GMDC may in their absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP as per its requirements. GMDC
reserves the right not to proceed with the project, to alter the timetable reflected in this
document or to change the process or procedure to be applied. It also reserves the right to
decline to discuss the Project further with any party submitting a Proposal. No
reimbursement of cost of any type will be paid to persons, entities submitting a Proposal/Bid.

The bidder shall bear all costs associated with or relating to the preparation and submission
of its bid including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by GMDC or any
other costs incurred in connection with or relating to its bid, regardless of the conduct or
outcome of the bidding process.

Page 2 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

TABLE OF CONTENTS
ABBREVIATIONS ----------------------------------------------------------------------------------------------- 10

SECTION I: BACKGROUND ---------------------------------------------------------------------------------- 13

SECTION II: EXISTING SOLUTION BRIEF ------------------------------------------------------------------ 15

SECTION III: SCOPE OF WORK ------------------------------------------------------------------------------ 16


1. SCOPE OF WORK ------------------------------------------------------------------------------------------------------------------- 16
Part 1: Review of the Existing Infrastructure & Applications for AS IS Study and provide recommendations of
required Oracle Cloud DC &DR Hardware & Software along with any tweaking requirements for cloud
migration. 16
Part 2: O&M of existing on-premises EBS applications, DB, APEX, third party integrations DC database till the
time migration to OCI is completed (optional scope). ------------------------------------------------------------------------- 17
Part 3: Migration of Existing on Premises Data Center Database and Oracle EBS applications to GMDC procured
Cloud DC Infrastructure and setting up a new Cloud DR. --------------------------------------------------------------------- 18
Part 4: Post Migration to undertake Operations and Maintenance services of Cloud DC & DR for 3 years along
with required training’s to GMDC staff and maintain the required SLAs for the contract period. --------------- 20
Part 5: Gap Analysis for efficient usage management of ERP applications. --------------------------------------------- 25
Part 6: Preparation of Architecture and Roadmap for migrating to Software as a Service (SaaS) model of cloud
Services. 26
This activity shall be undertaken as and when instructed by GMDC during the contract period. Timelines as
mentioned in Section IV for this Part are tentative and may change at the sole discretion of GMDC. --------- 27
Part 7: Indicative services to undertake for Change Request related activities if so, indented by GMDC.----- 27
2. ROLES AND RESPONSIBILITIES ------------------------------------------------------------------------------------------------- 27

SECTION IV: LIST OF DELIVERABLES AND ITS TENTATIVE TIMELINES ---------------------------- 29

SECTION V: SERVICE LEVEL AGREEMENTS -------------------------------------------------------------- 31

SECTION VI: INSTRUCTIONS TO BIDDERS --------------------------------------------------------------- 39


1. INTRODUCTION -------------------------------------------------------------------------------------------------------------------- 39
1.1. Bidding Process ------------------------------------------------------------------------------------------------------------- 39
1.2. Due Diligence ---------------------------------------------------------------------------------------------------------------- 39
1.3. Acknowledgement by Bidder -------------------------------------------------------------------------------------------- 39
1.4. Cost of Bidding -------------------------------------------------------------------------------------------------------------- 40
1.5. RFP Fee ------------------------------------------------------------------------------------------------------------------------ 40
1.6. Schedule of Bidding -------------------------------------------------------------------------------------------------------- 40
2. GENERAL 43
2.1. Bid Validity ------------------------------------------------------------------------------------------------------------------- 43
2.2. Numbers of Bids by Bidder ----------------------------------------------------------------------------------------------- 44
2.3. Governing Law and Jurisdiction ----------------------------------------------------------------------------------------- 44

Page 3 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

2.4. Authority’s Right to Accept and Reject any Bids or all Bids ----------------------------------------------------- 44
2.5. Earnest Money Deposit (EMD)/Bid Security ------------------------------------------------------------------------ 45
3. DOCUMENTS AND PRE-BID CONFERANCE --------------------------------------------------------------------------------- 46
3.1. Content of RFP -------------------------------------------------------------------------------------------------------------- 46
3.2. Clarification to RFP Documents ----------------------------------------------------------------------------------------- 47
3.3. Pre-Bid Meeting ------------------------------------------------------------------------------------------------------------- 47
3.4. Amendment of Bidding Documents ----------------------------------------------------------------------------------- 47
4. PREPARATION AND SUBMISSION OF BIDS --------------------------------------------------------------------------------- 48
4.1. Language of Bid ------------------------------------------------------------------------------------------------------------- 48
4.2. Bid Currency ----------------------------------------------------------------------------------------------------------------- 48
4.3. Format and Signing of Bid ------------------------------------------------------------------------------------------------ 48
4.4. Submission Format & Sealing and Marking of Proposals -------------------------------------------------------- 48
4.5. Bid Due Date ----------------------------------------------------------------------------------------------------------------- 50
4.6. Late Submission ------------------------------------------------------------------------------------------------------------- 50
4.7. Modification and Withdrawal of Bids --------------------------------------------------------------------------------- 51
5. BID EVALUATION CRITERIA ----------------------------------------------------------------------------------------------------- 51
5.1. Pre-Qualification Criteria ------------------------------------------------------------------------------------------------- 51
5.2. Technical Score Criteria --------------------------------------------------------------------------------------------------- 53
5.3. Evaluation of Price Bid and Financial Score -------------------------------------------------------------------------- 57
5.4. Composite Score ------------------------------------------------------------------------------------------------------------ 57
6. EVALUATION PROCESS ----------------------------------------------------------------------------------------------------------- 57
6.1. Opening of Technical Bid ------------------------------------------------------------------------------------------------- 57
6.2. Evaluation of Technical Bid ---------------------------------------------------------------------------------------------- 58
6.3. Opening of Financial Bid -------------------------------------------------------------------------------------------------- 59
6.4. Composite Score ------------------------------------------------------------------------------------------------------------ 59
6.5. Clarification of Bids and Request for additional/missing information ---------------------------------------- 59
6.6. Verification and Disqualification---------------------------------------------------------------------------------------- 60
6.7. Contacts during Bid Evaluation ----------------------------------------------------------------------------------------- 61
6.8. Correspondence with Bidder -------------------------------------------------------------------------------------------- 61
6.9. Confidentiality --------------------------------------------------------------------------------------------------------------- 61
7. SELECTION OF MANAGED SERVICE PROVIDER (MSP) AND SIGNING OF AGREEMENT ------------------------ 61
7.1. Notification of Award ------------------------------------------------------------------------------------------------------ 61
7.2. Signing of Agreement ------------------------------------------------------------------------------------------------------ 62
7.3. Performance Security------------------------------------------------------------------------------------------------------ 62
7.4. Commencement of Work/Assignment ------------------------------------------------------------------------------- 63
7.5. Proprietary Data ------------------------------------------------------------------------------------------------------------ 63
7.6. Tax Liability ------------------------------------------------------------------------------------------------------------------- 63
8. FRAUD AND CORRUPT PRACTICES ------------------------------------------------------------------------------------------- 63

Page 4 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

9. CONFLICT OF INTEREST ---------------------------------------------------------------------------------------------------------- 65


10. MISCELLANEOUS ------------------------------------------------------------------------------------------------------------------- 66

SECTION VII: PAYMENT TERMS---------------------------------------------------------------------------- 68


1. SERVICE FEES -------------------------------------------------------------------------------------------------------------------- 68
2. PAYMENT TERMS --------------------------------------------------------------------------------------------------------------- 69

SECTION VIII: CONTRACT TERMS AND CONDITIONS ------------------------------------------------- 73


1. GENERAL 74
1.1. Definition and Interpretation-------------------------------------------------------------------------------------------- 74
1.2. Principles of Interpretation ---------------------------------------------------------------------------------------------- 76
1.3. Relationship between Parties ------------------------------------------------------------------------------------------- 77
1.4. Rights and Obligations ---------------------------------------------------------------------------------------------------- 77
1.5. Governing Law and Jurisdiction ----------------------------------------------------------------------------------------- 77
1.6. Language ---------------------------------------------------------------------------------------------------------------------- 77
1.7. Table of Content and Heading ------------------------------------------------------------------------------------------ 77
1.8. Notices------------------------------------------------------------------------------------------------------------------------- 77
1.9. Location ----------------------------------------------------------------------------------------------------------------------- 78
1.10. Authorised Representative----------------------------------------------------------------------------------------------- 78
2. COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT ----------------------------------------- 78
2.1. Effectiveness of Agreement --------------------------------------------------------------------------------------------- 78
2.2. Commencement of Services --------------------------------------------------------------------------------------------- 78
2.3. Termination of Agreement for failure to commence Services. ------------------------------------------------- 78
2.4. Expiration of Agreement-------------------------------------------------------------------------------------------------- 79
2.5. Entire Agreement ----------------------------------------------------------------------------------------------------------- 79
2.6. Modification of Agreement ---------------------------------------------------------------------------------------------- 79
2.7. Force Majeure --------------------------------------------------------------------------------------------------------------- 79
2.7.1. Definition ------------------------------------------------------------------------------------------------------------------ 80
2.7.2. Procedure in case of Force Majeure Event ----------------------------------------------------------------------- 81
2.7.3. Excuse from performance of obligations by Party affected by Force Majeure. ------------------------ 81
2.7.4. No Breach of Agreement ---------------------------------------------------------------------------------------------- 82
2.7.5. Measures to be taken -------------------------------------------------------------------------------------------------- 82
2.7.6. Extension of Time ------------------------------------------------------------------------------------------------------- 82
2.7.7. Payments ------------------------------------------------------------------------------------------------------------------ 83
2.7.8. Consultation -------------------------------------------------------------------------------------------------------------- 83
2.7.9. Termination in case of Force Majeure Event -------------------------------------------------------------------- 83
2.7.10. Termination Payment in case of Force Majeure Event ------------------------------------------------------- 83
2.7.11. Allocation of Cost in case of Force Majeure Event not leading to Termination ------------------------ 83
2.8. Suspension of Agreement ------------------------------------------------------------------------------------------------ 83

Page 5 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

2.9. Termination of Agreement ----------------------------------------------------------------------------------------------- 84


3. OBLIGATIONS OF THE MSP ----------------------------------------------------------------------------------------------------- 86
3.1. General ------------------------------------------------------------------------------------------------------------------------ 86
3.2. Conflict of Interest --------------------------------------------------------------------------------------------------------- 86
3.3. Confidentiality --------------------------------------------------------------------------------------------------------------- 87
3.4. Whitelist of IP address ---------------------------------------------------------------------------------------------------- 87
3.5. Liability of the MSP --------------------------------------------------------------------------------------------------------- 87
3.6. Accounting, Inspection and Auditing ---------------------------------------------------------------------------------- 88
3.7. MSPs' Actions requiring Authority's prior Approval. -------------------------------------------------------------- 88
3.8. Reporting Obligations ----------------------------------------------------------------------------------------------------- 88
3.9. Documents Prepared by the MSPs to be the Property of GMDC ---------------------------------------------- 88
3.10. Equipment and Materials Furnished by GMDC --------------------------------------------------------------------- 89
3.11. Accuracy of Documents --------------------------------------------------------------------------------------------------- 89
3.12. Insurance to be taken out by the MSP -------------------------------------------------------------------------------- 90
4 MSP’S PERSONNEL ---------------------------------------------------------------------------------------------------------------- 90
4.1. General ------------------------------------------------------------------------------------------------------------------------ 90
4.2. Deployment of Personnel ------------------------------------------------------------------------------------------------ 90
4.3. Substitution of Personnel ------------------------------------------------------------------------------------------------ 90
4.4. Working hours, Overtime, Leave etc. --------------------------------------------------------------------------------- 91
4.5. Staffing ------------------------------------------------------------------------------------------------------------------------ 91
4.6. Sub-MSPs --------------------------------------------------------------------------------------------------------------------- 91
5 OBLIGATIONS OF GMDC --------------------------------------------------------------------------------------------------------- 91
5.1. Payment ----------------------------------------------------------------------------------------------------------------------- 91
5.2. Documents and Other Support ----------------------------------------------------------------------------------------- 91
6 PAYMENT TO THE MANAGED SERVICE PROVIDER (MSP) ------------------------------------------------------------- 91
7 EVENT OF DEFAULT --------------------------------------------------------------------------------------------------------------- 91
7.1. MSP Event of Default ------------------------------------------------------------------------------------------------------ 91
7.2. Authority Event of Default ----------------------------------------------------------------------------------------------- 93
7.3. Termination due to Event of Default ---------------------------------------------------------------------------------- 93
7.4. Termination for Insolvency, Dissolution etc. ------------------------------------------------------------------------ 94
8 LIQUIDATED DAMAGES ---------------------------------------------------------------------------------------------------------- 94
8.1. Performance Security------------------------------------------------------------------------------------------------------ 94
8.2. Liquidated Damages ------------------------------------------------------------------------------------------------------- 95
8.3. Penalty for Deficiency in Services -------------------------------------------------------------------------------------- 96
9 SECURITY OF INFORMATION GENERATED FROM PROJECT ----------------------------------------------------------- 96
9.1. Reliability of Information ------------------------------------------------------------------------------------------------- 96
9.2. Integrity of Information --------------------------------------------------------------------------------------------------- 96
9.3. Security and Encryption of Information Stored and other database ----------------------------------------- 96

Page 6 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

10 OWNERSHIP OF PROJECT ------------------------------------------------------------------------------------------------------- 96


11 FARENESS AND GOOD FAITH--------------------------------------------------------------------------------------------------- 97
11.1. Good Faith -------------------------------------------------------------------------------------------------------------------- 97
11.2. Operation of Agreement-------------------------------------------------------------------------------------------------- 97
12 DISPUTE RESOLUTION ------------------------------------------------------------------------------------------------------------ 97
12.1. Amicable Solution ---------------------------------------------------------------------------------------------------------- 97
12.2. Arbitration -------------------------------------------------------------------------------------------------------------------- 98
12.3. Performance during Dispute Resolution ----------------------------------------------------------------------------- 99
13 PROJECT HANDOVER ------------------------------------------------------------------------------------------------------------- 99
13.1. Handing Over of Project -------------------------------------------------------------------------------------------------- 99
13.2. Inspection and Removal of Bugs and Deficiency ------------------------------------------------------------------- 99
13.3. Recovery of Balance due of Authority from Service Provider -------------------------------------------------- 99

SECTION VIIII: ANNEXURES ------------------------------------------------------------------------------- 100


Annexure 1: Letter of Bid Submission -------------------------------------------------------------------------------------------- 100
Annexure 2: Bidder’s Organization details -------------------------------------------------------------------------------------- 102
Annexure 3: Auditor’s Certificate for Turnover for bidder ----------------------------------------------------------------- 103
Annexure 4: Declaration for Non-Blacklisting ---------------------------------------------------------------------------------- 104
Annexure 5: Earnest Money Deposit ad RFP processing Fee details ---------------------------------------------------- 105
Annexure 6: Performance Bank Guarantee Format -------------------------------------------------------------------------- 106
Annexure 7: Format of Earnest Money deposit in the form of Bank Guarantee ------------------------------------ 109
Annexure 8: Work Experience details as mentioned in the Pre-Qualification Criteria ----------------------------- 112
Annexure 9: Financial Bid Format -------------------------------------------------------------------------------------------------- 113
Annexure 10: Details of Existing Hardware Infrastructure, Existing Oracle licenses and Existing Virtual
machines 116
Annexure 11: Description Of Approach, Methodology And Work Plan For Performing The Assignment/TOR
125
Annexure 12: Curriculum Vitae (CV) For Proposed Experts And Support Staff --------------------------------------- 126
Annexure 13: Undertaking ----------------------------------------------------------------------------------------------------------- 128
Annexure 14: Banks List -------------------------------------------------------------------------------------------------------------- 129
Annexure 15: Format for Change Request management ------------------------------------------------------------------- 130

Page 7 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider (MSP) to carryout services associated to
Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration.

DEFINITIONS
In this RFP, the following word (s), unless repugnant to the context or meaning thereof, shall
have the meaning(s) assigned to them herein below:
1. “GMDC”/Authority” shall mean the Gujarat Mineral Development Corporation Ltd who
shall appoint the MSP for the captioned work.
2. “Bidder” shall mean any firm or body corporate which is a Limited Liability Partnership
registered under LLP act or a company under the Indian Companies Act 1956/2013 which
submits a Bid to provide Cloud Migration and Managed Services to GMDC along with Bid
Security and RFP Fees as per the terms of this RFP within the stipulated time for
submission of Bids. Consortiums are not permitted.

3. “Bid/Proposal” means the Bid submitted by the Bidder(s) in response to this RFP in
accordance with the provisions hereof including Pre-Qualification, Technical Bid and
Price Bid along with all other documents forming part and in support thereof as specified
in this RFP.
4. “Bid Due Date” means last date of Bid submission as set out in clause 1.6 of SECTION VI
5. “Service Agreement/Agreement/Contract” is the agreement entered into between
‘Gujarat Mineral Development Corporation Ltd (GMDC)’ and ‘Managed Service Provider
(MSP) comprising of all terms and conditions stated in this RFP.
6. “Corrupt practice” shall have the meaning ascribed thereto under clause 8 of SECTION
VI.

7. “Conflict of Interest” shall have a meaning specified in clause 9 of SECTION VI.


8. “Services Fees /Fees/Service Charges” shall mean the charges payable by GMDC for the
Consultancy Services rendered by the MSP.
9. “Composite Score” shall mean score obtained by MSP as per the formula provided in
clause 6.6 of Section VI
10. “Pre-Qualification Criteria” means criteria specified in clause 5.1 of SECTION VI
11. “Evaluation Process” means steps of evaluation specified in clause 5.3 of SECTION VI
12. “EMD/ Bid Security” means the Bid security/ earnest money deposit to be submitted by
the Bidder as per clause 2.5 of SECTION VI.

13. Financial Score shall mean score obtained by MSP as per the formula provided in clause
5.3 of SECTION VI.
14. Letter of Award” shall have the meaning ascribed thereto under clause 7 of RFP SECTION
VI.
15. “Managed Service Provider (MSP)/Service Provider/Bidder” shall mean the successful
Bidder who is selected by Authority/GMDC as per the process outlined in this RFP
Document for assisting GMDC in executing the Scope of Work specified in this RFP.
16. “Parties” means the parties to the Service Agreement and “Party” means either of them,
as the context may admit or require.

Page 8 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

17. “Preferred Bidder “shall have a meaning specified in Clause 7 of RFP SECTION VI.
18. “Successful Bidder” means the Preferred Bidder selected in terms hereof and to whom
GMDC shall issue the Letter of Award in accordance with the provisions hereof and who
shall undertake the Terms of Reference as per the terms specified in RFP.
19. “Terms of Reference/Scope/Scope of Work” means all the activities as per Terms of
reference or Scope of work mentioned in the RFP which the MSP is required to carry out
as per the Good Industry Practice. Detailed Terms of Reference is specified in SECTION
III of RFP.

20. Technical Score shall mean score obtained by consultant as per the Technical Score
system provided in clause 5.2 of RFP SECTION VI.
21. “Third Party” means any Person other than GMDC and the MSP.
Any other term(s), not defined herein above but defined elsewhere in this RFP shall have the
meaning(s) ascribed to such term(s) therein and shall be deemed to have been included in
this Section.

Page 9 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider (MSP) to carryout services associated to
Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration.

ABBREVIATIONS

Abbreviation Full Form

AIX Advanced Interactive executive


AOA Articles of Association
AP Access point
APEX Application Express
ASM Automatic Storage Management
BIOS Basic Input Output System
BYOL Bring your own Model
CERT Computer Emergency response Team
CGM Computer Graphics Metafile
CPU Computer Processing Unit
CS Computer Science
CSP Cloud Service provider
CV Curriculum Vitae
DAP Database Access Protection
DBA Database Administrator
DC Data Center
DR Data recovery
EBS e-Business Suite
EMD Earnest Money deposit
ERP Enterprise Resource Planning
FAR Field Area Router
FY Financial year
GB Giga Byte
GL General ledger
GMDC Gujarat Mineral Development Corporation
GoG Government of Gujarat
HMC Hardware management Console
HR Human resource
HRMS Human Resource management System
IaaS Infrastructure as a Service

Page 10 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Abbreviation Full Form

ID Identification
IPT Inter Project Transfer
IR Internal Requisition
ISMS Information Security Management System
ISO International Organization for Standardization
ISP Internet Service Provider
ITB Information Technology
ITB Instructions to Bidders
LPAR Logical Partition
LTU Line Termination Unit
MIS Management Information System
MLOP Machine Learning Operations
MOA Memorandum of Agreement
MPLS Multi-Protocol Label Switching
MRR Material Receipt
MSP Managed Service Provider
O&M Operations and Maintenance
OCI Oracle Cloud Infrastructure
ODS Oracle Directory Services
OEM Operations Manager
OS Operating System
OTL Oracle Time and Labor
PMP Project management professional
PO Purchase Order
PQ Pre-Qualification
PR Purchase Requisition
QCBS Quality Cum Cost Based
RBI Reserve Bank of India
RFP Request for proposal
RPO Recovery Point Objective

Page 11 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Abbreviation Full Form

RTO Recovery Time Objective


SaaS Software as a Service
SAN Storage Area Network
SFMS Structured Finance Messaging System
SOP Standard Operating Procedure
SSD Solid State Drives
SSL Secure Sockets Layer
TB Terabyte
TCO Total Cost Ownership
TOR Terms of Reference
TQ Technical Qualification
UAT User Acceptance Test
UOM Unit of Material
VAPT Vulnerability Assessment and penetration Testing
VLB Virtual Road Balancer
VM Virtual Machine
VRS Virtual reference Station
WAF Web Application Firewall

Page 12 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION I: BACKGROUND
Gujarat Mineral Development Corporation Ltd (GMDC) is the leading State-owned Mining and
Minerals Company of Gujarat with operational experience over 60 years and having product
portfolio across mining, value added products and power.

GMDC is a zero-debt company listed on National and Bombay Stock Exchanges. The
Government of Gujarat (GoG) disinvested 26% stake to the public shareholders vide an IPO
in 1997 while the balance ownership is held by the Government of Gujarat.

GMDC’s mining activities are spread across the state of Gujarat in Kutch, Devbhoomi Dwarka,
Panchmahal, Bhavnagar, Bharuch, Surat and Chhota Udepur districts. It currently mines
Lignite, Bauxite, Manganese, Ball Clay, Silica Sand, Bentonitic Clay and Limestone. It has five
(5) operational lignite mines and six (6) upcoming lignite mines. GMDC also value adds to
minerals through works such as pyrite removal from lignite, beneficiation of bauxite, and
beneficiation of Low-Grade Manganese. The Company has set up 2 x 125 MW lignite based
Thermal Power Station at Nani Chher in Kutch as a forward integration, wind power plant of
200.9 MW at Maliya, Jodiya, Godsar, Bhanvad, Bada, Verbala, Rojmal and Solar Power plant
of 5 MW at Panandhro Project.

GMDC has undertaken a strategic transformation exercise over the last year with a view to
achieve growth milestones, diversify its product portfolio, leverage existing assets, provide
inputs to the industry and contribute to the growth of the state’s economy. As part of its
strategic transformation exercise, GMDC is already in the process of expanding its mining
operations by setting up six new lignite- based projects in Kutch and South Gujarat. Further,
GMDC through its metal division also intends to expand and develop metal mining portfolio
by developing existing metal mining projects and exploring new opportunities in metal mining
sector in India. A number of other projects are in the pipeline based on identified thrust areas.
Leveraging its capabilities in lignite thus, one of the key strategic diversifications for GMDC is
in the area of domestic coal mining, where it would like to access domestic coal mostly
occurring in the eastern part of the country. As part of this strategy, it has recently bid for a
number of coal blocks in the recently concluded commercial mine auctions by the Ministry of
Coal, Govt. of India. The PSU won the bids for Burapahar block and the Baitarani West Coal
Mine in Odisha.
As a part of strategic transformation exercise, GMDC intends to undertake digital
transformation by moving its existing data center and Oracle EBS ERP applications on Cloud
infrastructure. By adopting cloud, GMDC intends to streamline its operations, enhance
service delivery and data security while facilitating remote work and efficient resource
allocation. GMDC also identified key objectives to GMDC’s Cloud migration journey as below.

• Enables scalability of resources for business needs due to availability of flexible


infrastructure (presence of remote machines).
• Facilitate superior user experience through agile and robust cloud services.
• Lowering maintenance and support costs through seamless integration of applications
and thereby reducing the overhead costs.

Page 13 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

• Intend to use existing license to Oracle cloud. This will result in predictable operation
expenditures with minimum deployment costs and almost zero capital expenditure.
• Reduce IT Infrastructure Maintenance costs through automatic security and software
updates.
• Reduction in cost of total cost of ownership (TCO) via cost savings associated with
application development, maintenance and development of new capabilities.
Considering the above objectives, GMDC is planning to Migrate its existing ERP – Oracle EBS,
Data Center (DC) and third-party integrated applications to Oracle Could Infrastructure (OCI)
using the infrastructure as a service (IAAS) model. Under this RFP, GMDC intends to select the
Managed Service Provider who will undertake the lift and shift/migration activities pertaining
to its ERP – Oracle EBS and Data Center to OCI cloud and also act as Managed Service Provider
for a period of three years after the migration to OCI. The procurement cost pertaining to OCI
shall be borne by GMDC.

Page 14 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION II: EXISTING SOLUTION BRIEF

GMDC’s existing DC infrastructure, Oracle ERP- EBS applications and integrated third party
applications are specified below for the purpose of preliminary understanding of the existing
infrastructure of on-premises DC.

• GMDC operates ERP system using Oracle Database 19c and Oracle EBS 12.2.8. The ERP is
hosted on GMDC’s servers at Data Center (DC) located in GMDC office, Ahmedabad,
Gujarat. The EBS is under upgradation from 12.2.8 to 12.2.12.
• GMDC’s existing on premise servers at DC are of IBM make. DC servers are using AIX
operating system and using RISC processors / Power 8 servers. GMDC intends to shift on-
premises DC, Oracle EBS and third party integrated applications to OCI cloud which will
offer Oracle Linux operating system on X86 servers in the IAAS model and on this post
creation of Virtual machines the Oracle EBS Licenses and associated database will be
migrated from the On-premise DC to OCI.
• Details of all existing Hardware and Software at DC including Oracle EBS modules are
specified in Annexure 10 of this RFP.
• GMDC is owning valid Oracle Licenses for Oracle EBS ERP and software modules specified
in above Annexure 10. All specified software and modules have been installed on IBM
Servers at on premise DC. GMDC intends to shift all software modules on OCI Cloud using
Bring Your Own Software License Model (BYOL).
• Brief details of the existing on-premises data center are specified below.
o Existing on-premises servers at DC are of IBM make which are using AIX operating
system and following RICS architecture.
o Presently there are two environments that are activated on DC servers. These are
Production and Development.
o Production Environment LPAR
o Development and Test environments LPAR
o External Portal LPAR
o Access to GMDC users and Customers
▪ Login id is created in the Oracle EBS for each user.
▪ GMDC users at corporate offices access the ERP over intranet.
▪ GMDC users at project site offices access the ERP over MPLS Link.
▪ GMDC Customers access the ERP for order bookings and payment transactions
using internet through any of the devices like Desktops, PCs, Laptops or
Phones.

The detailed Hardware Infrastructure, Oracle licensing details and Virtual machines details
are mentioned in Annexure 10 of this document for quick reference to Bidders.

Page 15 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION III: SCOPE OF WORK

1. SCOPE OF WORK
The Scope of Work is broadly divided into seven parts as mentioned below. Work on all seven
parts shall be executed as defined hereunder by the selected Managed Service provider
(MSP):

• Part 1: Review of the Existing Infrastructure & Applications for AS IS Study and provide
recommendations of required Oracle Cloud DC & DR Hardware & Software along with any
tweaking requirements for cloud migration.
• Part 2: O&M of existing on-premises EBS applications, DB, APEX, third party integrations
DC database till the time migration to OCI is completed (optional scope).
• Part 3: Migration of Existing on Premises DC Oracle Database, Oracle EBS applications and
third party integrated applications/APIs/Interfaces along with any tweaking requirements
whatsoever to GMDC procured OCI Cloud Infrastructure and setting up a new Cloud DR.
• Part 4: Post Migration to undertake Operations and Maintenance services of Cloud DC &
DR for 3 years along with required training’s to GMDC staff.
• Part 5: Efficient Usage Management: Gap Analysis for efficient usage management of ERP
applications.
• Part 6: Preparation of Architecture and Roadmap for migrating to Software as a Service
(SaaS) model of cloud services.
• Part 7: Additional indicative services/ activities to be undertaken related to Change
Requests if need for such services so arise and as indented/instructed by GMDC.
Detailed tasks under each of above part is specified as below:

Part 1: Review of the Existing Infrastructure & Applications for AS IS Study and provide
recommendations of required Oracle Cloud DC &DR Hardware & Software along with any
tweaking requirements for cloud migration.

The Managed Service Provider (MSP) shall carry out the following tasks under Part 1.

• As a part of AS IS Assessment, the MSP shall be expected to comprehend the complete


architecture of existing on-premises DC, Oracle ERP- EBS applications, third party
integrated applications and processes which are necessary for undertaking smooth
migration of applications and databases including interdependencies between third-party
integrations of applications and its database.
• Basis the As Is Assessment, the MSP shall prepare detailed Lift and Shift/ cloud migration
plan comprising but not limited to followings.
o Prepare and suggest suitable cloud architecture for Oracle Cloud Infrastructure (OCI)
DC and DR.

Page 16 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

o The MSP in consultation with OCI shall suggest detailed quantities and configuration
of Virtual Machines (development database servers and EBS servers, production
database servers and EBS Servers etc.) , Storage (SSD type, load balancer, block
volume performance units etc.), Security (Web application firewall, identity and
access management for accessing the Oracle EBS applications in secured
environment), Back up and Data Protection (Data Backup solution for real time data
backup, Data protection services etc.) or any other for Cloud DC setup and Cloud DR
setup as required for undertaking the successful migration of entire on-prim DC setup
to Cloud DC and DR set up activity.
o Suggest strategies for optimizing storage, security and data protection.
o Prepare a continuity plan of all existing Oracle EBS ERP applications and third-party
applications presently integrated with Oracle EBS ERP during the cloud migration.
o The MSP shall assist GMDC in price descovery of OCI Infrastructure and negotiating
business/commercial arrangements (prices of infrastructure including any software or
licenses) with OCI for Cloud DC and Cloud DR procurement.
• The MSP shall submit AS IS Assessment report and a report on cloud migration plan to
GMDC for its review and comments.
• MSP shall be responsible for ensuring adequacy of suggested quantities for Cloud DC and
DR infrastructure and obtain sign off from Authority’s Cloud Service Provider /i.e. OCI for
adequacy of cloud DC and DR infrastructure. For this purpose, the MSP shall undertake
below mentioned activities.
o Finalise the quantities required for Cloud DC and Cloud DR migration in consultation
with CSP and GMDC.
o Undertake necessary process to finalise proposed Cloud DC and Cloud DR
infrastructure quantities and gets its sign off from CSP/OCI for its adeqacy on behalf
of GMDC . This task shall be completed before GMDC undertakes the procurement of
OCI cloud infrastructure.

Part 2: O&M of existing on-premises EBS applications, DB, APEX, third party integrations
DC database till the time migration to OCI is completed (optional scope).
The Bidders shall need to mandatorily quote Service Fees separately as per the Price Bid
format provided in this RFP for this task. However, the award of the work pertaining to Part
2 is optional and GMDC shall in its sole discretion decides to award the work pertaining Part
2 to the MSP. The Prices quoted by Bidders for Part 2 shall be considered for the price bid
evaluation.

The Managed Service Provider (MSP) shall take over the O&M of on-Premises DC and existing
Oracle EBS ERP from GMDC’s existing vendors and undertake its O&M till migration is
completed. Incase this scope of O&M is not awarded to MSP then co-ordination with existing
O&M provider to GMDC will be responsibility of MSP till the time Migration activity under
this RFP is completed successfully.

Page 17 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

A. Activities to be undertaken for taking over of O&M of existing on-Premises DC and


existing ERP applications from GMDC’s existing vendor.

• In order to ensure the capabilities to handle the on-premises DC and before


undertaking the migration, MSP shall undertake handover and takeover from the
existing vendors of GMDC’s ERP applications DC database management services
provider, Oracle APEX Application and any third party integrated
applications/API/connectors.
• The handover and takeover shall be expected to be completed as per the timelines
mentioned in Section-4 of this document.
• This activity shall be undertaken in parallel with the As-Is assessment (Part 1) post
award of the contract. The MSP shall note that this process is one of the parts of As-Is
study and is to be performed in parallel with the as-is assessment study and migration
plan preparation.

B. O&M of the existing on-Premises DC and existing ERP applications

• The MSP shall undertake Operation and Maintenance services of the on-premises DC
database for all GMDC existing Oracle EBS ERP applications, Oracle APEX Application
and any third party integrated applications/API/connectors as per the defined
timelines in Section 4 of this RFP document and maintain the SLAs specified in section
V of this RFP. This shall only be undertaken till the migration to Cloud DC services is
completed.
MSP shall deploy two separate teams onsite at GMDC premises for (i) O&M of existing on-
Premises DC and (ii) Cloud Migration as per the scope specified in Part 3. The MSP shall deploy
experts as stated below but not limited to following for carrying out O&M activities for on
premise DC.

Such experts shall consist of System Administrator, Storage administrators, security experts,
DBA, Helpdesk and Incident support team, Cybersecurity experts and documentation
specialists as may be required. The MSP shall need to quote lumpsum monthly charges for
O&M for a period of 3 months. If the migration to OCI cloud delayed on account of reasons
attributable to the MSP, in such case the MSP shall be responsible for undertaking O&M of
on-premises DC without any cost to GMDC. If such delay is on account of reasons not
attributable to the MSP, in such case the MSP shall undertake O&M of on-Premises DC and
GMDC shall make payment for additional period on Pro rata basis. MSP shall depute similar
team for O&M activity as per mentioned in the Part 4 of the Post Migration O&M.

Part 3: Migration of Existing on Premises Data Center Database and Oracle EBS applications
to GMDC procured Cloud DC Infrastructure and setting up a new Cloud DR.
The MSP will carry out migration of the existing Oracle EBS ERP applications, third party
integrated applications and database installed at the on-premises Data Center (DC) to Oracle
Cloud Infrastructure (OCI) with installation and configuration on Cloud in compliance with
the cloud migration plan for implementation using Infrastructure as a Service Model (IAAS)

Page 18 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

model of OCI offering. The MSP will also carry out installation and configuration of new Cloud
Disaster Recovery (DR) post migration of DC.

The MSP will carry out the following activities for Migration to Cloud DC:

• The MSP will create Oracle Linux environment on OCI. Subsequently it shall carry out Lift
and shift of all existing Oracle EBS ERP modules, Oracle Database, Oracle Apex Application
and any third-party integrated applications/API/Connector.
• The MSP shall, in coordination with Oracle, ensure availability of temporary licenses of
GMDC if any for on Cloud DC and EBS to ensure continuity / near zero downtime while
undertaking cloud migration and lift and shift activities on cloud.
• The MSP will undertake all activities for creation of Cloud DC on behalf of GMDC as part
of this project.
• Upon up and running of cloud DC in live environment, the MSP shall undertake following
activities.
o Upon successful cloud DC set up, the MSP will undertake detailed checking and testing
of all EBS modules, Database, DC and third-party integrations of third-party
applications on OCI including performance and load testing. Such assessment shall be
intended to (i) check complete migration of database , all software modules, and
their respective functionalities for all locations earlier happening with onsite DC and
(ii) check up and running of all such modules in live environment on cloud.
o MSP shall perform all the checks pertaining to the Cloud DC upkeep and shall submit
a detailed report for the same to GMDC mentioning the undertaken resolution
activities for any issue or threats so arise in Cloud DC infrastructure.
o VAPT testing of the Cloud DC and DR shall be undertaken by third party vendor
appointed by GMDC. The MSP shall cooperate and coordinate with GMDC appointed
vendor for VAPT tests. The MSP shall be responsible for correcting or implementing
fixes/breaches/ valunerabilities as identified during such VAPT tests at no extra cost
to GMDC.
o Upon verification and successful tests as specified above, the MSP will submit
declaration of successful Cloud DC setup with appropriate documented report to
GMDC. The submission of such declaration shall indicate readiness for undertaking
UATs.
o MSP shall prepare UAT plan and also assist GMDC in undertaking User Acceptance
Test (UAT). Upon successful testing/UAT, GMDC will issue the User Acceptance
Certificate to MSP.
• Upon receiving the User Acceptance Certificate from GMDC, the System shall be made
Live. GMDC shall issue the go-Live certificate once System made live on OCI cloud. Upon
issuance of Go- Live Certificate the MSP shall undertake the stabilization activities as
specified below for a period of 2 months.
• The MSP will undertake activities pertaining to system stabilization which shall be
considered as post Go-Live support / warranty period support after the issuance of Go-

Page 19 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Live certificate with no extra cost to GMDC. During this period the MSP shall carryout
necessary configuration changes/patch loading activity /version upgradations if required
in existing EBS applications / interfaces / APIs / tweaking required in existing EBS
applications or software for completing the seamless migration within the ambit of
Lumpsum prices for migration activities quoted by it without considering it as change
request. The MSP shall be responsible for O&M of cloud DC during the stabilization period
at no extra cost to GMDC.
• The MSP shall completely monitor the new setup of ERP applications migrated to Cloud
infrastructure and report & resolve any threats pertaining to the setup during the
stabilization period/post go-live support period.
• The MSP shall undertake Setting up Cloud DR after issuance of Go-Live certificate during
the stabilization period as per the recommended and GMDC procured infrastructure in
the OCI.
o The MSP will test the efficacy of Cloud DR in live environment by undertaking DR drill
on Cloud DR before moving to the Operations and Maintenance Part for Cloud DR.
o The MSP shall note that activities pertaining to setting up of new DR setup shall only
be commenced after issuance of Go-Live certificate of Cloud DC and with reflecting
new changes/functionalities as implemented in Cloud DC.
• The MSP shall note that post Go-live support and setting up of Cloud DR shall be
undertaken within 2 months period from the date issuance of Go-Live certificate.
• Upon successful completion of post Go-Live support period/ stabilization period and
setting up of Cloud DR, GMDC shall issue completion certificate for the said activity. The
Project shall enter into O&M stage after the issuance of the completion certificate.

Part 4: Post Migration to undertake Operations and Maintenance services of Cloud DC &
DR for 3 years along with required training’s to GMDC staff and maintain the required SLAs
for the contract period.
The MSP shall be responsible for providing O&M support for 24*7*365 days to GMDC for
managing Oracle Cloud Infrastructure (OCI), Oracle EBS ERP, Oracle database and other
applications which are migrated (third party) to OCI for 03 (three) years from the date of
completion of stabilization period (the “O&M Period”). During O&M period, the MSP shall
be completely responsible for O&M support for ensuring availability of all ERP modules and OCI
infrastructure (in consultation with Oracle and network service provider) as per the SLAs
defined in Part V of this RFP. The MSP shall provide O&M support on turnkey basis. The
maintenance and support activities will include followings.

A. The MSP shall provide O&M support for OCI, EBS ERP, all migrated modules on turnkey
basis. The maintenance and support activities will include followings:
• Ensuring availability/uptime of the Oracle Cloud infrastructure in consultation with Oracle
and network/Internet service provider of GMDC. GMDC shall provide access to the MSP
for OCI infrastructure during the contract period. The MSP shall be responsible for
maintaining the SLA as defined in this RFP.

Page 20 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

• Ensuring Uptime for Oracle ERP applications and utilization of the cloud resources as per
SLA’s defined in this RFP document.
• Provide support in carrying out any required version/Software/Hardware upgrades, Patch
upgrades, bug fixing and version upgrades, etc. at the Cloud DC and DR during the
Contract Period at no extra cost to GMDC.
• VAPT testing of the Cloud DC and DR shall be undertaken by third party vendor appointed
by GMDC at every interval of six months. The MSP shall cooperate and coordinate with
GMDC appointed vendor for VAPT tests. The MSP shall be responsible for correcting or
implementing fixes/breaches/ vulnerabilities as identified during such VAPT tests in Cloud
DC and DR infrastructure at no extra cost to GMDC.
• The MSP shall develop appropriate policy, checklists in line with ISO 27001 & ISO 20000
framework for failover and fall back to the appropriate Cloud DR. DR drills shall need to
be performed by the MSP at an interval of every six months to assess disaster
management preparedness. There should be a minimum of 90 days interval between two
DR Drills. In the event of occurrence of disaster/ issues at cloud-based DC, the MSP shall
activate the services from Cloud DR.
• The MSP shall make provisions of additional VMs when utilization exceed a threshold level
and inform GMDC well in advance to maintain uptime as per the SLAs.
• The MSP shall deploy minimum two personnel onsite at GMDC office during the O&M
Period as per GMDC’s working schedule consisting of Database Administrator (DBA) and
Coordinator cum Financial Function Consultant for being the single point of contact
between the offsite team (working for this project) and Authority for this project activities
related work. The MSP shall also deploy minimum team of experts as specified in technical
marking Section on its own office premises/offsite for undertaking O&M activities as
specified in this section. The On-site and Offsite team shall include following but not
limited to: Oracle Cloud Infrastructure Consultant, Database Administrator Expert, APEX
Techno Functional Consultant, EBS Techno Functional Consultant and Coordinator. The
MSP shall also deploy additional experts if required to maintain SLAs at no extra cost to
GMDC.
• MSP shall undertake assessment of new features of EBS versions as and when developed
by Oracle in future during the Contract Period and suggest to GMDC for its
implementation based on the assessment. These activities can also be communicated to
the MSP by GMDC team for undertaking its assessment for implementation.
B. The MSP shall also undertake following O&M activities on regular basis during the
Contract Period.
• OS Administration including troubleshooting, hardening, patch/ upgrades deployment,
upgrade as and when required/ necessary for Linux or any other OS proposed as part of
this solution.
• Ensure proper configuration of server parameters, operating systems administration,
hardening and tuning.
• Scheduled data backup as per the backup & restoration policies stated/as defined and
agreed by GMDC from time to time.

Page 21 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

• carryout necessary configuration changes/patch loading activity /version upgradations if


required in existing EBS applications/ interfaces/APIs.
• Ensure uptime of OCI infrastructure/ ISP link in coordination with OCI/ Internet service
provider of GMDC.
• Undertake space management/monitoring of database.
• Performance tuning of Databases.
• Partition creation & management of database objects, Archiving of database objects on
need basis.
• Implementing Patch upgrades as received from Oracle, upgrade & backup activity and
restoring the database backup as per defined interval.
• Configuration, installation and maintenance of Automatic Storage Management (ASM),
capacity planning/sizing estimation of the Database setup.

C. The MSP shall also undertake following O&M activities associated with Network on
regular basis during the Contract Period:

• Network and Security Management: Monitoring & management of network link


proposed as part of this solution.
• Bandwidth utilization, latency, packet loss etc.
• Call logging and co-ordination with vendors for restoration of links, if need arises.
• Addressing the ongoing needs of security management including, but not limited to,
monitoring of various devices / tools such as firewall, intrusion protection, content
filtering and blocking, virus protection, Web Application Firewall (WAF), Database
Access Protection (DAP), Oracle Directory Services (ODS) and vulnerability protection
through implementation of proper patches and rules.
• Ensuring that patches / workarounds for identified vulnerabilities are patched /
blocked immediately.
• Adding/ Changing network address translation rules of existing security policies on the
firewall.
• Managing configuration and security of OCI infrastructure alerts / advise GMDC about
any possible attack / hacking of services, unauthorized access / attempt by internal or
external persons etc.
• Administrative support for user registration, User ID creation, maintaining user
profiles, granting user access, authorization, user password support along with secure
Password policy.
• Have current vulnerability assessments scanning performed for all the Network and
Security infrastructure of the cloud.

Page 22 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

• MSP shall also manage the ISPs SLA in order to have utmost availability as required by
GMDC on Cloud DC.

D. Application Security activities


MSP will be responsible for full-proof security of EBS ERP applications. The MSP shall need
to provision all tools / real time monitoring to ensure the security of the application.
• Applications / Software Solutions shall comply with ISO 27001 Information Security
Standard
• Applications/Software Solutions and infrastructure shall have Authentication –
Authorization – Access audit trails.
• Applications / Software Solutions shall be protected from security breaches and
vulnerabilities.
• All Service end-points- exposed over internet or intranet shall be secured with at least 256
bits SSL Certificates.
• All Servers, Services, Applications / Software Solutions shall have hardened security and
reviewed regularly.
• Any unauthorized access / attempt shall be reported immediately.
• The MSP shall be responsible for Monitoring of performance, resource utilization and
other events such as failure of services, degradation of services, availability of network,
storage, Database systems, OS etc.

E. Service Level Monitoring and Maintenance System (SMMS)


The MSP shall develop/provide performane monitoring tool (SMMS) customised as per the
SLA defined in order to analyse & monitor the installed applications, to monitor the
applications performance, identyfying issues, diagnosing issues, and managing the log data
with helpdesk management tool in line with the defined SLA in this RFP.

• The SMMS shall be customized for GMDC, and the monitoring parameters shall be
approved by mutual agreement with GMDC before the start of the O&M period in line
with the requirement of the RFP.
• The SMMS shall be capable to monitor the overall state of the deployed applications, its
systems and its usage with user experience as well.
• The SMMS shall have well designed customized dashboards for key performance
measures and their interpretation for issues identified in the applications.
• The SMMS shall detect problems like crashed or overutilized computing or storage nodes
and send an alert to the appropriate stakeholders.
• The SMMS must be able to report on any application errors that occurred while executing
application functionalities and pinpoint exact place of error within the transaction call
stack.

Page 23 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

• The proposed solution must gather available performance indicator metrics from all
within real-time production environments and real user transactions 24x7 with minimal
overhead on monitored applications without sampling.
• It must provide flexibility of logging, viewing, updating and closing incident manually via
web interface along with historical data inputs.
• It must provide classification to differentiate the incident via multiple levels/tiers of
categorization, priority levels, severity levels and impact levels.
• All the reports from the tool shall be system generated reports as required by GMDC.
• SMMS shall be capable to ensure the upkeep of the application with security compliance.
F. The MSP shall also meet reporting requirements as below:
• MIS Reports – The MSP shall submit the reports on a regular basis in a mutually decided
format. The MSP shall workout the formats for the MIS reports and get these formats
approved by the GMDC . The MIS reports shall be from SMMS and the format for the
same shall be finalised after mutual agreement with GMDC. Tentative list of MIS report
envisaged at this stage is specified below.
• Below is the non-exhaustive list of report to be submitted by MSP to GMDC. After the
issuance of LOA, MSP shall undertake final/Exhaustive List from GMDC team.
• Daily reports
o Summary of resolved, unresolved and escalated issues / complaints
o Log of backup and restoration undertaken
• Weekly Reports
o Summary of systems rebooted.
o Summary of issues / complaints logged with the OEMs.
o Summary of changes undertaken in the Cloud Data Centre including major changes like
configuration changes, patch upgrades, etc. and minor changes like log truncation,
volume expansion, user creation, user password reset, etc.
o Hypervisor patch update status of all servers including the Virtual Machines running
o Application monitoring reports
• Monthly Reports
o Component wise server as well as Virtual machines availability and resource utilization
o Consolidated SLA / Non- conformance report. Summary of component wise uptime.
o Log of preventive / scheduled maintenance undertaken Log of break-fix maintenance
undertaken
o All relevant reports required for calculation of SLAs

• Quarterly Reports
o Consolidated component-wise availability and resource utilization.

Page 24 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

o All relevant reports required for calculation of SLAs.


o The MIS reports shall be in-line with the SLAs and the same shall be scrutinized by the
GMDC.
• The MSP shall provide necessary details including sizing, current loads, utilization,
expected growth/demand and other details for scale up/scale down on monthly basis
or as and when required by the GMDC.
• The MSP shall not delete any data before without approval of GMDC during the period
of Contract and will not delete any data after the expiry of Contract without written
approval from GMDC.
• The MSP should ensure and meet all standard data formats for data transfer
/portability from cloud to GMDC machines and vice-versa.
• The MSP shall be responsible for any Risk Management and planning, or issues related
to migration of data from DC to DR.
• On expiration / termination of the contract, the MSP will handover complete data in
the desired format to GMDC which can be easily accessible and retrievable.
• The MSP will train and transfer the knowledge to the replacement agency or GMDC to
ensure continuity and performance of services post expiry of Contract.

Part 5: Gap Analysis for efficient usage management of ERP applications.


The Bidders shall need to mandatorily quote Service Fees separately as per the Price Bid
format provided in this RFP for this task. However, the award of the work pertaining to Part
5 is optional and GMDC shall in its sole discretion decides to award the work / commission
the scope pertaining to Part 5 to the MSP. The Prices quoted by Bidders for Part 5 shall be
considered for the price bid evaluation. It may also be possible that GMDC may commission
this study more than once (i.e. during Part 1). GMDC shall make additional separate payment
each time it commissions such study as per the payment terms.

With the objective of maximizing usage of Oracle EBS modules on cloud, the MSP will
undertake following activities:

Gap Analysis Report

• Assessment of usage pattern of all migrated Oracle EBS modules on cloud.


• Conduct GAP analysis and identify the modules having non/limited usage/ non optimal
usage.
• Interact with all GMDC departments and identify causes of non/ limited/ non optimal
usage of modules.
• To analyze the operational and customization requirements in Oracle EBS reporting
and functionalities if so needed.

Page 25 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

• Prepare strategies for increasing the usage of ERP Modules.


• The monitoring post implementation should be done and productivity enhancement
reports should be submitted by the MSP
The MSP shall submit the Gap analysis Report to GMDC.

Implementation of Customization in functionalities

• In case GMDC intend to undertake customized changes as suggested in Gap analysis


report, then such customization shall be either undertaken by the MSP or any third Party
as the GMDC may decide. In case GMDC ask MSP to undertake such changes then it shall
be treated as Change request as per the Part 7.
• The MSP shall note that O&M of the newly developed functionalities will be part of
current O&M services at no extra cost to GMDC. Even if GMDC shall get these changes
developed by the third-party vendor, the current MSP will have to do the O&M services
at no extra cost to GMDC.

Training Module and Training

• Post implementation of such changes, the MSP will conduct offline training sessions for
GMDC staff to enhance optimal usage of existing and newly developed modules during
the entire tenure of the contract period. MSP shall provide module-wise user guides and
required training as defined at no extra cost to GMDC for GMDC staff in the form of user
guides and sessions.

Part 6: Preparation of Architecture and Roadmap for migrating to Software as a Service


(SaaS) model of cloud Services.
The Bidders shall need to mandatorily quote Service Fees separately as per the Price Bid
format provided in this RFP for this task. However, the award of the work pertaining to Part
6 is optional and GMDC shall in its sole discretion decides to award the work / commission
the scope pertaining to Part 6 to the MSP. The Prices quoted by Bidders for Part 6 shall be
considered for the price bid evaluation.

GMDC also intends to explore migration to SAAS model (any leading SaaS ERP providers) on
cloud from IAAS model. In this perspective, GMDC intends the MSP to prepare SAAS
migration plan comprising but not limited to followings.

• Undertake business need assessment by coordinating with the internal and external
stakeholders. Based on business need analysis create a technical document comprising
of followings.
o The details of GMDC’s needs.
o IaaS vs SaaS comparison along with Cost benefit analysis for migrating to SaaS.
o Suggested SaaS architecture.

Page 26 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

o Market assessment pertaining to available solution options which will meet GMDC
needs including different ERP solutions available on cloud. This will also include CSP’s
offerings.
o Best Fit recommended solution for GMDC both in terms of various functionality and
commercial aspects.
o Long terms business benefits of using the solutions on SAAS model to GMDC.

This activity shall be undertaken as and when instructed by GMDC during the contract
period. Timelines as mentioned in Section IV for this Part are tentative and may change at
the sole discretion of GMDC.

Part 7: Indicative services to undertake for Change Request related activities if so, indented
by GMDC.
The Change request shall be recommended by the MSP or Authority as and when required. A
complete Change Request process shall be followed starting with the submission of Change
Control Notice by MSP to GMDC as per the given format in Annexure 15 of this RFP document.

Indicative list of items which may be treated as change request inter alia includes.
• Change in Customer Portal
• Addition of Payment Gateway
• Development of new module
• Development of new functionality
• Third party integration of new applications
The payment for change request shall be made as per the payment terms specified in this
RFP. The MSP shall also be responsible for carrying out O&M of components developed as
part of Change Request till the end of Contract Period.

2. ROLES AND RESPONSIBILITIES


The roles and responsibilities of GMDC and MSP are specified in table below.

List of Activities Responsibility


# (The activities shall be completed as per the defined scope details
Authority MSP
in Section III of the RFP.)
1. As-is Assessment report of existing infrastructure ✓
2. Support for any historical operational document’s requirement ✓
3. Continuity Plan for Migration to Cloud DC and Cloud DR ✓
4. Cloud Migration Plan and propose required Cloud DC infrastructure ✓
5. Procurement of Cloud DC and DR infrastructure from OCI ✓
6. Handover Takeover of existing on-premises DC ✓

Page 27 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

List of Activities Responsibility


# (The activities shall be completed as per the defined scope details
in Section III of the RFP.) Authority MSP

Support for coordination multiple vendors for handover and


7. ✓
takeover
8. O&M for on-prim applications post takeover with MIS reports ✓
9. Migration from on premises to Cloud DC ✓
10. User Acceptance Testing Plan ✓ ✓
11. User Acceptance Testing activity ✓ ✓
12. User Acceptance Certificate ✓
13. Go-Live of the project ✓ ✓
14. Cloud DR set up ✓
15. O&M post migration with MIS reports as required by Authority ✓
Review and Gap analysis for efficient Usage management in O&M
16. ✓
period
17. Architecture assessment for SaaS migration ✓
18. Change Request Procedure ✓ ✓
19. Approval for Change Requests ✓
20. Implementation of Change Requests as per the provided approval ✓
Maintain SLA throughout O&M period and submit documents for
21. ✓
the same
22. Monitoring of the SLA throughout O&M contract period ✓
23. Security related tests ✓
24. DC-DR drills ✓
25. Deployment of on-site personnels (as per Technical score criteria) ✓
Undertaking all require measures for safe and secure database of
26. ✓
GMDC
Raise timely invoices as per the RFP defined Payment Terms and
27. ✓
price bid along with supporting document

28. Payment to the MSP as per the RFP defined Payment Terms and ✓
price bid of the MSP
Note: “✓“ in the above table represents the respective activity to be done by respective
stakeholder i.e.: Authority / MSP.

Page 28 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider (MSP) to carryout services associated to
Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION IV: LIST OF DELIVERABLES AND ITS TENTATIVE TIMELINES

As part of the project scope, MSP shall follow the below timelines with the deliverables list as
per the defined scope of work activities.

Timelines Cumulative
Timeline for
(In Months)
Sr. reference
Deliverables (T=Within 30
No (In Months)
days from
Issuance of Letter
of Award)
As-Is Assessment and Migration Plan
a. As Is Assessment Report of existing
infrastructure and applications.
1) T1=T+1 month 1 month
b. Continuity Plan for Migration to Cloud
DC and Cloud DR.
c. Cloud Migration Plan
O&M of existing on-premises DC (optional
scope)
2) - O&M of existing on-premises DC and its
T2=T1+3 months
third-party applications with O&M
services [3 months of
4 months
0&M]
Migration and DC Formation & Testing and
3) Go-Live of the project
- Migration from on-premises to Cloud
Stabilization period for Cloud DC (Post Go- T3=T2+2 months
4)
Live support) (2 months from
the date of Go- 6 months
5) Setting up of Cloud DR Live Certificate)

T4=T3+3 years
Operation and Maintenance post from the date of
Migration, Review and Training: Completion
6) 42months
MIS Reports as mentioned in the Scope of Certificate for
Work Chapter 3 Stabilization
Period
Review and Gap analysis for Usage Activity during
7)
enhancement (To be undertaken when O&M stage

Page 29 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Timelines Cumulative
Timeline for
(In Months)
Sr. reference
Deliverables (T=Within 30
No (In Months)
days from
Issuance of Letter
of Award)
such scope is commissioned by GMDC This activity shall
during O&M Period) be undertaken
- Gap Analysis report of undertaken when asked by
migration activity for Cloud DC and GMDC
Cloud DR
- Strategies for optimizing usage
management of the ERP services
Architecture Assessment for SAAS This Scope shall
Migration (To be undertaken when such be undertaken
8)
scope is commissioned by GMDC during when asked by
O&M Period) GMDC
This scope shall
be undertaken
9) Change Request Scope
when asked by
GMDC

Page 30 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider (MSP) to carryout services associated to Oracle EBS Cloud Migration and Operations &
Maintenance Services Post Migration.

SECTION V: SERVICE LEVEL AGREEMENTS

In order to maintain and improve the quality of the Cloud Services, the Authority shall monitor the MSP’s performance through a comprehensive
Service level described in this section.

The responsibility matrix specified hereunder attempts to impart clarity on roles and responsibilities of different stakeholders involved in these
activities.

Internet provider’s
Particulars MSP Responsibility OCI Responsibility
responsibility
Infrastructure services on cloud ✓
Management of Infrastructure ✓ ✓ ✓
services
Software services – Application ✓
Availability
ISP links ✓
Resource utilisation ✓ ✓
management (Infrastructure
Resources utilisation)
Reports management ✓
Backup and Storage ✓
Management
Maintain RPO/RTO ✓ ✓
Vulnerability and Patch ✓ ✓
Management

Page 31 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

Above matrix is useful to understand SLAs requirements from each stakeholder.

The Service levels specified in this section shall have to be adhered to by the MSP during the Migration Period and maintenance period.

It is to be noted that the list of identified performance parameters is not exhaustive and can be added/ modified during the course of Contract as
per mutual agreement of Authority and Service Provider. Further the Damages payable for breach of SLAs specified hereunder shall be limited to
10% of Contract Price/ Contract Value.

Information for evaluation of the SLA Parameters shall be collected through System generated Reports from the tool, manual inspection, issue
logged through call centre/helpline/mails, and other tools.

The SLAs are categorised into three parts as below.

A. SLAs until migration including O&M of On-Premises DC and Oracle EBS Applications - Applicable to the MSP if on premise O&M is awarded
to the MSP.
B. SLAs for applications and related activities during O&M of Cloud DC and DR – Applicable to the MSP
C. SLAs for Cloud Infrastructure and Network Infrastructure – Management and monitoring by MSP
Each of above are further described below.

A. Above SLAs are further elaborated below. SLAs until migration including O&M of On-Premises DC and Oracle EBS Applications - Applicable to
the MSP if on premise O&M is awarded to the MSP. The MSP shall have to ensure continuity of all EBS applications with 99.95% availability. The
applicable SLAs during this period is specified below.
1) Availability of only EBS applications as per the sr no 1 of table provided in section B
2) Availability of regular reports for only EBS applications as per the sr no 2 of table provided in section B
3) Data backup and Restore management for only ERP database as per the sr no 4 of table provided in section B

Page 32 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

4) Security breach including Data Theft/Loss/Corruption related to ERP applications and database as per the sr no 6 of table provided in section
B
B. SLAs for applications and related activities during O&M of Cloud DC and DR – Applicable to the MSP

The MSP shall have to abide by SLAs as specified below. The preventive maintenance shall be carried out during the scheduled down time by the
MSP. In case of Non meeting the SLA’s, the corresponding damages as defined in SLA’s table shall apply.

Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration

Availability/Uptime of services (Availability of applications and reports)

Availability (as per the System Damages as indicated below


definition in the SLA) will generated (on per occurrence):
be measured for each of report from
• for every reduction of 0.5%
Availability of the ERP and third party application
1 Monthly >= 99.5% in availability: INR 25,000
Applications integrated applications monitoring
damages.
over both the User / Admin tool.
Portal and APIs (where • Maximum damages shall be
applicable) 10% of Quarterly payments.

Regular reports as Damages as indicated below


Regular reports should (on per occurrence):
specified in Section III Part Reports
Availability of regular be submitted to the
2 4 should be submitted to Monthly defined by • Each day Delay in
reports authority by 5th of
GMDC by 5th of every GMDC. submission of reports
every month.
month. beyond the date specified in

Page 33 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration

column no 5 : INR 200


penalty.
Data Recovery and Data Backup management

At least two DR drills in a At least two DR drills in No of DR Drill for a tenure of


year (once every six Every Six a year (once every six six months than 4% damages
3 DR Drills
months) or as per the months months) or as per the of Six months O&M bill shall be
agreement agreement deducted as damages.
System Damages as indicated
generated below (per occurrence):
Data backup from the
report from
source Cloud DC to • Per occurrence: 5%
Data backup and application
4 destination system Cloud Daily 100% Quarterly bill amount.
Restore management monitoring
DR and it should be T-4
tool. • Maximum damages shall
hours
be 10% of Quarterly
payments.
Support Channels - Incident and Helpdesk

System Damages as indicated below


• Severity 1 : All
Time to Resolve - Time taken to resolve the generated (per occurrence):
incidents should be
Severity 1,2,3. report from a) For Severity 1 if the
5 reported ticket / incident Daily resolved within 2
application resolution is provided
from the time of logging. Hours of problem
monitoring beyond permissible days,
reporting.
tool. then for every additional 1-

Page 34 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration

hour of delay the damages


(Severity Levels are • Severity 2: All
of INR 25,000 shall be
defined below this incidents should be
applicable.
table) resolved within 12
Hours of problem b) For Severity 2 if the
reporting. resolution is provided
beyond permissible time,
• Severity 3: All
then for every additional 2
incidents should be
hours of delay the damage
resolved within 1
of INR 15,000 shall be
days of problem
applicable.
reporting
c) For Severity 3 if the
resolution is provided
beyond permissible days,
then for every additional 1
day of delay the damage of
INR 5000 shall be
applicable.
Vulnerability Management
Any incident where in
System
Security breach system compromised or For each breach/data theft,
generated
6 including Data any case wherein data Monthly No breach penalty will be levied as per
report from
Theft/Loss/Corruption theft occurs (including following criteria.
application
internal incidents)

Page 35 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration

monitoring
• Damages for per occurrence
tool.
of security breach incident:
5% Quarterly bill amount
• Above will not be part of
overall SLA penalties cap
per month. In case of
serious breach of security
wherein the data is stolen or
corrupted, GMDC reserves
the right to initiate penal
actions as per the rights
available under laws and or
terminate the contract.

Severity Details:

Severity 1: Access to the Application is impacted (Unavailability of CSP shall be excluded) and (GMDC) users affected. E.g., Application on IAAS is
not up, or Logins are blocked, or Application timeout.

Severity 2: GMDC users are affected for issue in accessing reports module e.g.: users are not able to view reports or carry out normal functions.

Severity 3: A user is affected for issues. e.g.: User is not able to enter / process the transaction, specific login issues, mails / alerts / SMS not being
sent.

Page 36 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

Uptime Calculation for the calendar month: (Uptime Hours in the calendar month + Scheduled Downtime in the calendar month) / Total No. of
Hours in the calendar month] x 100}

Schedule down time in a month shall be decided by the Authority and the MSP in consultation with each other.

C. SLAs for Cloud Infrastructure and Network Infrastructure – Management and monitoring by MSP
The MSP being the Turnkey Service Provider for undertaking cloud migration and its O&M thereafter, the MSP shall be completely responsible for
the management and monitoring of the performance of Cloud Infrastructure and Network Infrastructure. The MSP shall try to ensure availability
of Cloud Infrastructure and Network Infrastructure from Authority appointed CSP and Network Service Provider by employing performance
monitoring tool. Therefore, below mentioned SLAs shall also become applicable to the MSP provided reasons for breach are not applicable to OCI
and Network Service Provider.

For the reasons/ issues associated entirely with OCI and Network Service provider, the MSP will have to submit substantiate proof with system
generated reports (to be assessed/of the identified issue highlighting the root cause analysis associated from OCI and / or Network provider’s side
and not linked with MSP’s obligations for the services linked with this project components). If the MSP fails to submit the said RCA/proof for the
identified issue within one week from the issue log date, then MSP will be responsible for the damages as mentioned in the table below. For the
issues attributed to OCI or network service provider, then below mentioned damages shall not become applicable to the MSP. In such case, the
MSP shall support and undertake coordination activities in providing quick resolution for the issues.

Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration

Availability of cloud Availability (as per the System Damages as indicated below
infrastructure services definition in the SLA) will generated (on per occurrence):
1. Resources (VMs, be measured for each of Monthly >= 99.5% report from
• For every reduction of 0.5%
Storage, OS, VLB, the underlying application
in availability: INR 25,000
Security services) components (e.g., VM, damages.

Page 37 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration.

Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration

Storage, OS, VLB, Security monitoring


• Maximum damages shall be
Components) provisioned tool.
10% of Quarterly payments.
in the cloud.
System
Availability of the
Availability (as per the generated Damages as indicated below
network links at DC
definition in the SLA) will report from (on per occurrence):
and DR
2. be measured for each of Monthly >=99.5% application
(links at DC / DRC, DC- For every reduction in 0.5%
the network links monitoring
DRC availability INR 2000 damages.
provisioned in the cloud. tool.
link )

System Damages as indicated below


Measured during the generated (on per occurrence):
regular planned or report from
Recovery Time • For every additional 30
3. unplanned (outage) Monthly RTO <= 30 minutes application
Objective (RTO) minutes breach INR 25,000
changeover from DC to DR monitoring
penalty.
or vice versa. tool.

System Damages as indicated below


Measured during the
generated (on per occurrence):
regular planned or
Recovery Point report from
4. unplanned (outage) Monthly No breach
Objective (RPO) application • For every additional 30
changeover from DC to DR minutes breach INR 25,000
monitoring
or vice versa. damages.
tool.

Page 38 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider (MSP) to carryout services associated to
Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION VI: INSTRUCTIONS TO BIDDERS

1. INTRODUCTION

1.1. Bidding Process


a. GMDC has adopted a two-stage online bidding system separately for Technical Bid and
Financial Bid with evaluation as per Quality cum Cost Based System (QCBS) Method as
detailed out in RFP for Selection of Managed Service Provider (MSP) to carryout services
associated to Oracle EBS Cloud Migration and Operations & Maintenance Services Post
Migration (the “Bidding Process”). Eligibility Bid and Technical Bid shall be submitted
physically whereas Financial Bid shall be submitted online through
https://tender.nprocure.com . The Bidders are required to place pen drive comprising of
soft copy of Eligibility and Technical proposal/Bid as part of Technical Bid submission
along with Physical copy. The Bids for which the Financial Bid is submitted in hard copy /
physical form/ pen drive shall be rejected as non-responsive. Complete Bid shall be
submitted on or before the time and date fixed for submission of Bid (“Bid Due Date”).
Bid delivered after Bid Due Date will be rejected.
b. The Bidders need to offer their Bid which conforms to Terms of Reference and Terms and
Conditions provided as part of this RFP Document.
c. In a first step, evaluation of Technical Bid will be carried out as specified in Clause 6.2 of
SECTION VI. Based on Technical evaluation, the Financial Bids of only Bidder’s meeting
Responsiveness Test, Pre-Qualification Criteria and Technical Criteria as specified in
clause 6.2(a), 5.1 and 5.2 respectively shall be opened.
d. In the second stage, a Financial Bid/Price Bid Evaluation of Technically Qualified Bidders
will be carried out as per Clause 5.3. The Bids will finally be ranked from the highest to
lowest according to Composite Score derived from Quality cum Cost based method (the
“QCBS”) specified in Clause 6.5 of RFP SECTION VI. The Bidder obtaining highest
composite score shall be considered as Preferred Bidder (the “Preferred Bidder”).
e. The bidders are required to quote Services Fees as defined in the financial bid format as
provided in Annexure 9 of this RFP for executing TOR as specified in SECTION VI.

1.2. Due Diligence

The Bidders are encouraged to examine and familiarize themselves fully about the nature of
assignment, scope of work, all instructions, forms, terms and conditions of RFP, local
condition and any other matters considered relevant by them before submitting the Bid by
paying a visit to the site, sending written queries to GMDC, and attending a Pre-Bid meeting.

1.3. Acknowledgement by Bidder

By submitted the bid or proposal, the bidder acknowledges that:


1) Made a complete and careful examination of the RFP.
2) Received all relevant information requested from GMDC;
3) Accepted the risk of inadequacy, error or mistake in the information provided in the RFP

Page 39 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

or furnished by or on behalf of GMDC relating to any of the matters referred to in Clause


1.2 above; and
4) Acknowledged that it does not have a Conflict of Interest
5) Agreed to be bound by the undertakings provided by it under and in terms hereof.
GMDC shall not be liable for any omission, mistake or error in respect of any of the above or
on account of any matter or thing arising out of or concerning or relating to the RFP or the
Bidding Process, including any error or mistake therein or in any information or data given by
GMDC.

1.4. Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation of their
Bids and their participation in the Bid Process. GMDC will not be responsible or in any way
liable for such costs, regardless of the conduct or outcome of the Bidding Process.

1.5. RFP Fee


a) Bidder will need to submit nonrefundable RFP Document/Tender Fee of INR 5,900 (i.e.
RFP fees of INR 5,000 plus 18% GST). The RFP Document Fees shall be submitted (i) in the
form of a Demand Draft in favor of “Gujarat Mineral Development Corporation Limited”
and payable at Ahmedabad along with the Bid as per marking and sealing section or (ii)
by depositing the stated amount directly into GMDC bank account through NEFT/RTGS.
In such a case, while submitting the online bid on npcocure, when Bidders are prompted
to input the DD number, the Bidder may enter the NEFT/RTGS transaction number.
Details for payment in favor of GMDC Limited through electronic mode is specified below:
ICICI Bank, Ahmedabad Branch
Account Number: 002405019379
b) If payment is made through electronic mode, then Bidder shall submit the receipt of the
same in the technical bid documents as per the format provided in Annexure 5.
c) In case of Demand Draft then Demand Draft shall be from any bank among the list of
scheduled commercial Bank in India published by RBI. This demand Draft for RFP
document shall be non-refundable. Bids that are not accompanied by the RFP fees in
acceptable amount and form shall considered non- responsive and shall be summarily
rejected.

1.6. Schedule of Bidding

Event Description Date, Time and Address

Brief Description of work Services associated to Oracle EBS Cloud Migration and
Operations and Maintenance Services Post Migration

Page 40 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Event Description Date, Time and Address

Date from which RFP RFP shall be available from 27/10/2023 from website
documents will be http://www.gmdcltd.com & https://tender.nprocure.com
available

Last date for receiving Pre- Bidders may send their queries by 06/11/2023 up to 17:00 hrs
Bid queries/clarifications to following contacts or reach out for any assistance.
Mr. R K Dash,
General Manager (IT)
Email: [email protected]
Address: Khanij Bhavan, 132 ft Ring Road, Gujarat University
Ground, Vastrapur, Ahmedabad.
The queries to be submitted in following format in excel
format:

Bidders Request for Clarification

Name and Name and Contact details of the


Address of the Position of Organization /
Organization Person Authorized
submitting submitting Representative
request request

Tel:
Mobile:
Email:

Sr. No. RFP Content of Clarificatio


Document RFP n sought
Reference requiring
(Section and clarification
Page no.)

1.

Pre-Bid Meeting will be held on 08/11/2023 at 15.00 Hours.


Venue of pre-bid meeting will be Corporate Office, GMDC,
Ahmedabad (Gujarat).
Pre-Bid Meeting
Join from the meeting link : https://webex.com
https://gmdcltd.webex.com/gmdcltd/j.php?MTID=m654c5
500f1b8c3f0f5fc88218553b220

Page 41 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Event Description Date, Time and Address

Meeting number (access code): 2518 921 0525


Meeting password: Meeting@1234 (63384641 from video
systems)

Online Submission of Price The Price Bid is to be submitted online only at designated
Bid place on https://tender.nprocure.com 28/11/2023 up-to
17:00 hrs. and (i) any submission of offline price bid (i.e.,
physical submission) or (ii) submission of price bid along with
technical bid will lead to disqualification.
A copy of instruments or information pertaining to it may be
required to be submitted online at the time of submission of
Price bid.
Technical Bid is not to be submitted online, but should be
submitted in physical offline mode after the submission of
the Price Bid at the designated address by the deadline
mentioned.

Last Date and Time of The Technical Bid is to be submitted offline, strictly before
Submission of Technical the due date for online submission of price bid but on or
Bid, RFP Fees & EMD in before 28/11/2023 up to 17:00 Hrs. at GMDC office situated
Hard Copy at Khanij Bhavan, 132-ft. Ring Road, Gujarat University
Ground, Vastrapur, Ahmedabad- 380052, by Speed
Post/RPAD/Hand delivery/Courier in sealed cover duly
super scribed as mentioned in the RFP.

Opening of Technical Bid On 28/11/2023 AT 18:00 Hrs. at GMDC office

Opening of Price Bid To be indicated to later after completion of Technical


Evaluation

Signing of Agreement Within 30 days from the date of issuance of LOA.

GMDC reserves absolute right/discretion to accept and/or


reject any or all the RFPs received or invite fresh bid at any
General and Important stage or split the work between more than one Bidders as the
Terms and Conditions case may be.

The Bidders are required to quote the rate strictly as per the
terms and conditions mentioned in the RFP document.

Page 42 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Event Description Date, Time and Address

Conditional RFP shall not be entertained and will be rejected


summarily without assigning any reasons.

GMDC may issue amendments/corrigendum in the RFP


documents, schedule, forms etc. at any time during the period
between publication of notice and submission of bids of the
RFP on website. The Bidders in their own interest are advised
to visit the website regularly till the last date of submission of
the bid. No separate newspaper advertisement will be
released for amendments /corrigendum.

GMDC reserves the rights to modify or alter any Condition of


the RFP.

The Bidders are advised to submit their price bid online on


https://tender.nprocure.com only. Physical price bid shall not
be accepted and shall be rejected summarily without assigning
any reasons.

Failure to submit bid online in stipulated time due to any


reason whatsoever by any Bidder shall result in
disqualification of bid. In such circumstances, bid submitted
physically along with supporting documents, RFP processing
fees, EMD amount etc. shall not be considered as bid
submitted and the same will be returned back to the Bidder
without opening the same. GMDC reserves the right to take
suitable decision in this regard.

GMDC shall endeavor to adhere to the bidding schedule as specified above. However, there
may be changes due to unavoidable circumstances. Any change shall be informed by placing
the Corrigendum on the website and n-procurement portal.

2. GENERAL

2.1. Bid Validity

a. Bids shall remain valid for a period of not less than 180 days (One Hundred and Eight days)
from the Bid Due Date/Bid Submission Date (the “Bid Validity Period”). The Bid of the
Bidder shall be considered non-responsive if such Bid is valid for a period less the Bid
Validity Period.
b. In exceptional circumstances, prior to expiry of the original Bid Validity Period, Authority
may request the Bidders to extend the period of validity for a specified additional period.

Page 43 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

The request and the responses thereto shall be made in writing. A Bidder may refuse the
request without forfeiting his Bid Security/EMD. A Bidder agreeing to the request will not
be required or permitted to modify his Bid but will be required to extend the validity of
his Bid Security/EMD for the period of the extension, and in compliance with Clause 2.5
of RFP SECTION VI in all respects.

2.2. Numbers of Bids by Bidder

No Bidder shall submit more than one Bid pursuant to this RFP. If a Bidder submits or
participates in more than one Bid, such Bids shall be disqualified.

2.3. Governing Law and Jurisdiction

The Bidding Process shall be governed by, and construed in accordance with, the laws of India
and the Courts at Ahmedabad shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process.

2.4. Authority’s Right to Accept and Reject any Bids or all Bids

a) Notwithstanding anything contained in this RFP, GMDC reserves the right to accept or
reject any Bid and to annul the Bidding Process /Bid Evaluation Process and reject all Bids,
at any time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof.
b) It shall be deemed that by submitting the Bids, the Bidder agrees and releases GMDC, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and
all liability for claims, losses, damages, costs, expenses or liabilities in any way related to
or arising from the exercise of any rights and/ or performance of any obligations
hereunder, pursuant hereto and/ or in connection with the Bidding Process and waives, to
the fullest extent permitted by applicable laws, any and all rights and/or claims it may have
in this respect, whether actual or contingent, whether present or in future.
c) Without prejudice to the generality of Clause (a) and (b) above, GMDC reserves the right
to reject any Proposal/Bid if:
1) Bid does not meet the Pre-qualification qualification criteria specified in this RFP.

2) at any time, a material misrepresentation is made or discovered, or

3) The Bidder found to be indulging in Fraudulent and Corrupt Practices as defined in


this RFP.

4) the Bidder does not provide, within the time specified by GMDC, the supplemental
information sought by GMDC for evaluation of the Bid.

5) Bidder submits conditional Bid.

d) If such disqualification / rejection occurs after the Bids have been opened and the
Preferred Bidder as per award criteria gets disqualified / rejected, then GMDC

Page 44 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

reserves the right to consider the next best Preferred Bidder or take any other measure as
may be deemed fit in the sole discretion of GMDC, including annulment of the Selection
Process.

2.5. Earnest Money Deposit (EMD)/Bid Security


a) The bidder shall furnish, a separate Bid Security (also referred to as "Earnest Money
Deposit” (EMD)/ Bid Security”) for Captioned work as part of his Bid as per the given
format. The Bid Security/EMD shall be sealed in a separate sealed envelope along with
RFP Fees and super scribing "Earnest Money Deposit and RFP Fees “. An Earnest Money
Deposit of amount INR 10 lakh (INR Ten Lakh) shall be provided in favor of “Gujarat
Mineral Development Corporation Ltd”, in any one of the following forms/formats. The
List of Approved Banks is provided in Annexure 14.
i. Account payee Demand Draft /Banker’s Cheque from any bank among the list of
scheduled commercial Bank in India published by RBI.

ii. An irrevocable Bank Guarantee (the “Bank Guarantee”), payable at Ahmedabad


from Approved Bank (except Cooperative Banks)to Authority as per the Annexure
14 and valid for a period of 210 days (Two Hundred and Ten Days) from the Bid
Due Date in the format prescribed in the bid documents. The validity of Bank
Guarantee may be extended as may be mutually agreed between Authority and
Bidder from time to time as per clause 2 of RFP SECTION VI. In case Bidder intends
to provide Bank Guarantee then it should be provided Compulsory e-Bank
Guarantee Confirmation through ICICI Bank through SFMS1 under our IFS Code:
ICIC0000024 and UIC GMDC530265584 for Field 7037. Bank Name: ICICI BANK LTD.

b) Any bid not accompanied with valid Earnest Money Deposit and RFP fee in the acceptable
amount, form and validity period will be summarily rejected by GMDC as being non-
responsive and bids of such Bidder shall not be evaluated further.
c) GMDC shall not be liable to pay any interest on the Bid Security/EMD deposit and the
same shall be interest free. The EMD shall be furnished in Indian Rupees only.
d) The Bid Security of unsuccessful Bidders will be returned by GMDC, as promptly as
possible on acceptance of the Bid of the Preferred Bidder or if and when GMDC cancels
the Bidding Process. Bidders may by specific instructions in writing to GMDC give the
name and address of the person in whose favor the said demand draft shall be drawn by
GMDC for refund, failing which it shall be drawn in the name of the Bidder and shall be
mailed to the address given on the Bid.
e) The Preferred Bidder’s EMD will be returned, without any interest, upon the Preferred
Bidder signing the Agreement and furnishing the Performance Security in accordance
with the provision thereof or if and when GMDC cancels the bidding.
f) GMDC shall be entitled to forfeit and appropriate the Bid Security as Damages inter alia

1
Structured Finance Messaging System (SFMS) is a RBI mandated Bank Guarantee Messaging System.

Page 45 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

in any of the events specified below. The Bidder, by submitting its Bid, shall be deemed
to have acknowledged and confirmed that GMDC will suffer loss and damage on account
of withdrawal of its Bid or for any other default by the Bidder during the period of Bid
validity as specified in this RFP. No relaxation of any kind on Bid Security shall be
given to any Bidder.
i. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Clause 8 of this RFP SECTION
VI;

ii. If a Bidder withdraws its Bid during the Bid Validity Period as specified in this RFP and
as extended by mutual consent of the respective Bidder(s) and GMDC;

iii. In the case of Successful Bidder, if it fails within the specified time limit –

1) to sign and return the duplicate copy of LOA


2) to sign the Agreement within the time period specified by GMDC.
3) to furnish the Performance Security within the period prescribed therefore in the
RFP; or
4) In case the Successful Bidder, having signed the Contract, commits any breach
thereof prior to furnishing the Performance Security.

3. DOCUMENTS AND PRE-BID CONFERANCE

3.1. Content of RFP


This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and
will additionally include any Addenda issued in accordance with Clause 3.4 of this section.

Notice Inviting Tender


SECTION I: Background
SECTION II: Existing Solution Brief
SECTION III: Scope of Work
SECTION VI: List of Deliverables and Project Timelines
SECTION V: Service Level Agreements
SECTION VI: Instructions to Bidders (ITB)
SECTION VII: Payment Terms
SECTION VIII: Contract Terms & Conditions
SECTION VIIII: Annexure

Page 46 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

3.2. Clarification to RFP Documents

a) Bidders requiring any clarification on the RFP may notify GMDC in writing through email
at the address provided in clause 1.6 of Section 6. They should send in their queries on or
before the date mentioned in clause 1.6 in order to enable Authority to have adequate
notice of the said queries so that the same can be addressed at the Pre-Bid Meeting or
shortly later. GMDC shall Endeavour to respond to the queries at short span of time prior
to Bid Due Date. The responses to queries will be uploaded on website of GMDC
http://www.gmdcltd.com and https://tender.nprocure.com. GMDC is not bound to take
cognizance of any queries raised after the date mentioned in the Bid Sheet Section for
sending queries.
b) GMDC shall endeavor to respond to the questions raised or clarifications sought by the
Bidders. However, GMDC reserves the right not to respond to any question or provide
any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as
compelling or requiring GMDC to respond to any question or to provide any clarification.
c) GMDC may also on its own motion, if deemed necessary, issue interpretations and
clarifications and amendment to RFP. All clarifications and interpretations issued by
GMDC shall be deemed to be part of the Bidding Documents. Verbal clarifications and
information given by Authority, or its employees or representatives, shall not in any way
or manner be binding on GMDC.

3.3. Pre-Bid Meeting

a) A pre-bid meeting would be held at time and an address specified in clause 1.6 of
Section 6. Bidders shall bear their own cost of attending any pre-bid meeting.
b) During the course of pre-bid meeting, the Bidders will be free to seek clarifications
and make suggestions for consideration of GMDC. GMDC shall endeavor to provide
clarifications and such further information as it may, in its sole discretion, considered
appropriate for facilitating a fair, transparent and competitive Bidding Process.
c) Clarifications/responses would be shared by uploading such responses online only at
website of Authority (i.e. http://www.gmdcltd.com and
https://tender.nprocure.com) if required in the form of an addendum and or
corrigendum.
d) Non-attendance at the pre-bid conference shall not be a cause for disqualification of
a Bidder. However, terms and conditions of the Addendum(s) shall be legally binding
on all the Bidders irrespective of their attendance at the Pre-Bid Conference.

3.4. Amendment of Bidding Documents

a) At any time prior to the Bid Due Date, GMDC may, for any reason, whether at its own
initiative or in response to clarifications requested by a Bidder, modify the RFP by the
issuance of Addenda/corrigendum.

b) Any Addendum/Corrigendum issued hereunder and shall be uploaded only on


Authority website http://www.gmdcltd.com and https://tender.nprocure.com,

Page 47 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

c) In order to afford the Bidders a reasonable time for taking an Addendum into account,
or for any other reason, GMDC may, in its sole discretion, extend the Bid Due Date.

4. PREPARATION AND SUBMISSION OF BIDS

4.1. Language of Bid

a) The Bids and all related correspondence and documents in relation to the Bidding Process
shall be in English language. All supporting documents and printed literature furnished by
the Bidders with the Bid may be in any other language provided that they are
accompanied by translations in the English language, duly authenticated and certified by
the Bidder.
b) The Bidders shall ensure that any number mentioned in the Bid shall be followed by words
in relation to such numerical format of the number, and in the event, there is a conflict in
the numerical and the word format of the number, the number provided in words shall
prevail.

4.2. Bid Currency

All prices quoted in the Bid shall be quoted in Indian National Rupee(s) (INR).

4.3. Format and Signing of Bid

a) The Bidder shall provide all the information sought under this RFP. GMDC will evaluate
only those Bids that are received in the required formats and complete in all respects.
b) The Bid must be properly signed by the authorized signatory (the “Authorized Signatory”)
as detailed below:
(1) by a duly authorized person holding the Power of Attorney, in case Bidder is either a
Limited Company or a Limited Liability Partnership firm.
c) In case of the Bidder being Company incorporated under Indian Companies Act
1956/2013, the Power of Attorney shall be supported by a Board Resolution in favor of
the person vesting power to the person signing the Bid.

4.4. Submission Format & Sealing and Marking of Proposals

a) The original instruments of the Bid Security of the required value and in approved format
as specified in clause 2.5 of Section VI and RFP Fees as specified in clause 1.5 of Section
VI shall be sealed in an envelope on which the following shall be superscribed:
“RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations and Maintenance Services Post Migration – EMD and
RFP Fees.”

b) The Technical Bid shall be submitted in Hard copy. The documents and format to be

Page 48 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

submitted for Technical Bid shall be as follows.

Sr. Annexure
Particulars
No No.
1. 1 Letter of Bid Submissions signed by authorized signatory of Bidder
Bidder’s Organization details:
Certificate of registration in India along with RBI approval certificate,
2. 2 GSTIN certificate, PAN details OR Partnership deed, GSTIN
registration, PAN details OR Incorporation certificate, MOA, AOA,
GSTIN Registration, PAN details as may be applicable.
Statutory Auditor/Registered Chartered accountants statement
specifying audited Turnover for last three Years as per clause 5.1 of
3. 3 Section VI
Audited Financial statements for last three years as per clause 5.1 of
Section VI
4. 4 No Blacklisting certificate on Stamp Paper
5. 8 Work Experience details
Description of Approach, Methodology and Work Plan for
6. 11 Performing the Assignment/SOW
7. 12 Curriculum Vitae (CV) for Proposed Team and Support Staff

8. 13 Undertaking for information and document provided are true.


Authorization of signatory in the form of Board Resolution/ or Power
9. of Attorney (POA notarized and Applicable in case of bid not being
signed by the person directly authorized by the firm), as applicable
Original RFP documents issued along with updated addendums
10. /amendments thereto, duly signed by the Bidder through its
authorized signatory on all pages.

A pen drive comprising of soft copy of Technical Bid also to be


11.
submitted as part of Technical Bid

The documents of Technical Bid shall be submitted in hard copy (physical submission) as per
the list of submittals provided in table hereinabove of this RFP and should comprise of all
documents required to be submitted as per the said Annexure. All documents of the technical
proposal/Bid shall be placed and sealed in an envelope on which the following shall be super
scribed:
“RFP for Selection of Managed Service Provider (MSP) for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration - Technical Bid”
Both envelopes specified in sub clause a) and b) shall be placed in outer envelopes, super
scribed and delivered by the Due date as per the address given :
“RFP for Selection of Managed Service Provider(MSP) for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration – Bid submission”

Page 49 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Addressed to :

Mr. R K Dash, General Manager IT,


Gujarat Mineral Development Corp.
Khanij Bhavan, 132-ft. Ring Road, Gujarat University Ground, Vastrapur, Ahmedabad- 380052

c) Financial Bid (Online) to be filled up at designated places only on


https://tender.nprocure.com as per the format provided in the Annexure 9.

d) The Bidders are required to submit their Bids (i.e. Technical Bid and Price Bid) on or before
the Bid Due Date specified in clause 4.5 of Section VI.

4.5. Bid Due Date


a) The last date and time of submission of the Bids (the “Bid Due Date/Bid Submission
Date”) is specified in clause 1.6 of Section 6.
b) GMDC may, in its sole discretion, extend the Bid Due Date by issuing an Addendum
uniformly for all Bidders as per clause 3.4. In such event, all rights and obligations of
Authority and Bidders previously subject to the earlier deadline will thereafter be
subject to the Bid Due Date as extended. Any such change in the Bid Due Date shall
be notified to the Bidders by dissemination of requisite information in this behalf by
uploading the Addenda on Authority website of GMDC https://tender.nprocure.com.

4.6. Late Submission


a) Physical submissions for Technical Bid and EMD&RFP fees received by GMDC after the
specified time and Date shall not be eligible for consideration and shall be summarily
rejected.
b) Authority shall not be responsible for any delay or non-receipt / non-delivery of any
documents/ or technical issues pertaining to online Bid. The bidder is expected to take
its registration for e tendering well in time and complete all procedure relating to e
submission well in time so that there is time for handling any technical glitches.
Bidders who are not familiar with the procedure for online bidding may advantage of
training made available by e bidding platform nprocure. The contact details of
(n)Procure are as follows:
(n)Code Solutions (A Division of GNFC Ltd.)
403, GNFC Info tower, Bodakdev,
Ahmedabad - 380054. India
Sales : 079- 4000 7323
Support : 079- 4000 7300
Email : [email protected]

Page 50 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

4.7. Modification and Withdrawal of Bids


a) Bidder shall not be able to modify any part of its Bid after the Bid Due Date. In order to
avoid forfeiture of Bid Security, a Bidder may withdraw his Bid after online submission
thereof. The Bidder may online modify, substitute or withdraw its bid after submission,
prior to the Bid Due Date and time.
b) Any alteration/ modification in the Bid or additional information supplied subsequent to
the Bid Due Date, unless the same has been expressly sought for by GMDC, shall be
disregarded.

5. BID EVALUATION CRITERIA


All bids must be considered responsive as described in clause 5.4 in order to be considered
fit to be evaluated. To be considered eligible and qualified, each Bidder should meet Pre-
Qualification Criteria and obtaining minimum 70 marks in the technical scores specified
hereunder and will progress to the next stage of Price Bid opening. The Pre-Qualification
Criteria and Technical Score are described below.

5.1. Pre-Qualification Criteria


A Bidder must meet Pre-Qualification Criteria as specified hereunder in order to qualify for
next stage of evaluation.

# Pre-Qualification Criteria Required docs


MSP should be a legal entity registered in India, since
A copy of the Certificate of
1. last 10 (Ten) years under either Indian Companies Act
Incorporation
1956/2013 or LLP Act 2008.
Copy of Work Orders /
Experience of implementing at least one project
Contracts/relevant evidence
involving Migration of Oracle EBS ERP from on-
of work from client.
2. premises data center to OCI during the last Five years
in India/ globally. As per format provided in
Annexure 8 of this RFP
document.
Copy of Work Orders /
Experience of at least one project involving Operation
Contracts/relevant evidence
and Maintenance of Oracle ERP applications and
of work from client.
3. database for at least one year in last five years on OCI
cloud in India/ globally. As per format provided in
Annexure 8 of this RFP
document.

Page 51 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

# Pre-Qualification Criteria Required docs


Certificate(s) from statutory
auditor with all relevant
details from the MSP.

The MSP shall provide a


The MSP should have average audited annual turnover
copy of any 3 of audited
of at least INR 100 Crore in any 3 consecutive financial
4. annual report to ascertain
years out of last 4 financial years (FY 19-20, FY20-21,
its turnover & net worth.
FY 21-22, FY 22-23).

As per format provided in


Annexure 3 of this RFP
document.
Annual Audited Financial
The MSP Should be a profitable organization in any two
Statements for FY 2020-21,
5. financial years out of last three financial years namely
FY 2021-22, FY 2022-23/
FY20-21, FY 21-22, FY 22-23.
Statutory Auditor Certificate
Non- Blacklisting
Self-Certification from the
6. The MSP should not have been blacklisted by State/ authorized signatory of the
Central Government Agencies in India as on the date MSP as per the Annexure 4.
of bid Submission.
Experienced Manpower
Compliance on the
• The MSP should have at least 100 experienced
company’s letter head with
manpower/ resources for its oracle practice.
details of Oracle
• The MSP must also showcase qualified and experienced manpower
experienced manpower in areas as below as per details with respective
7. the minimum qualifications and experience domain and experience
provided in clause 5.2 below. details.
Oracle ERP applications experts, CRM experts, CVs of resources as per
Database expert, Cloud service implementation second bulleted point in
expert, Cloud database experts, IBM AIX adjacent column
experienced expert.

Page 52 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

5.2. Technical Score Criteria

The Bids of the Bidders meeting Pre-Qualification criteria shall be considered for assessment
and assigning of Technical Score. The Technical Score of the Bidder shall be evaluated as per
Technical Score system provided hereunder.

Total
Sr. Marks
Max.
Criterion Conditions for the
No Marks
Sub
head
Organizational Strength: Turnover and Employee Strength;
1 60
Implementation References & Certifications
1.1 Average Annual audited turnover of 100> Crore < 150 Crore 02
Turnover of the Bidder in any 3
150> Crore < 200 Crore 04
consecutive financial years out of
last 4 financial years (FY 19-20, > 200 Crore
FY20-21, FY 21-22, FY 22-23). 06

1.2 No. of experienced resources Team for Oracle EBS, Oracle Cloud 10
Infrastructure and Project Management
Oracle Cloud Infrastructure Minimum Qualification and 3
Consultant Marking criteria for Project
Team are specified in table
Database Administrator Expert 3
below.
APEX Techno Functional Consultant 2
EBS Techno Functional Consultant 2
Experience of Implementing Project > = 1 Project of similar 4
in last five years. nature
Type of Project: Experience of > = 3 Projects of similar 12
implementing project involving nature
Migration of Oracle ERP from on-
> = 5 Projects of similar 20
1.3 premises data center to OCI Cloud nature
Infrastructure.
Scope of Project: ERP DB migration,
EBS/ERP Upgrade, DB Upgrade,
hosting custom application, Cross
Platform migration from on
premise to Cloud Infrastructure
Period of Experience: Last five
years in India/ Global.

Page 53 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Total
Sr. Marks
Max.
Criterion Conditions for the
No Marks
Sub
head
Client: Corporates/Private Sector/
Government/PSUs

1.4 Experience of similar project > = 1 Project of similar 4


involving Operation and nature
Maintenance of Oracle ERP
> = 3 projects of similar 12
applications on OCI cloud for at
nature
least one year in last five years.
> = 5 Projects Purchase 20
Period of Experience: Last five
orders of similar nature
years in India/ Global.
Client: Corporates/Private Sector/
Government/PSUs.
1.5 Certifications owned by the MSP CMMI Level 5 / ISO 04
organization 9000:2015 – 2 Marks
ISO 27001:2013 – 2 Marks

Technical Solution Offered:


The MSP to submit the complete document with Approach Methodology
2 mechanism on task to be executed (Cloud Migration, Review & Gap analysis, 40
O&M post migration) and insights of Architectures for SaaS migration
highlighting the solutions USPs that with benefit GMDC in the long run (MSP
to submit the document and GMDC will invite for the presentation)
• Understanding of the key processes involved in migration and O&M in
GMDC’s requirements perspective – 10 Marks
• Experience pertaining to Cloud migration and O&M services on OCI for
Oracle ERP applications through case studies (min 2) – 10 Marks
• Given the industry status, best practices and objectives of GMDC, what
2.1
is the suggested best fit approach and methodology for this work – 10
Marks
• Insights of Architectures for SaaS migration highlighting the solutions
USPs that with benefit GMDC in the long run – 5 Marks
Work Plan and Timelines – 5 Marks
Total (1+2) 100

Page 54 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Bidder must Score minimum 70 marks out of total 100 marks in Technical Marking Section
specified herein above. The bids of bidders obtaining lower than 70 score will be declared
disqualified and not be processed further for price bid evaluation stage.
The Qualification and evaluation criteria for Proposed Team as specified in 1.2 of table
hereinabove is specified below. The deployment of the Team consisting of Database
administrator and Coordinator is expected full time on site as per GMDC’s calendar days.

Position Minimum Qualification Marking

• Graduate /Postgraduate with 1.Relevance of experience: 2 marks


Minimum of 8 years of total • 2 relevant projects /
experience in IT. assignments: 1 mark
• Minimum 4 years’ experience•
in Cloud Infrastructure Admin
in OCI out of total experience. • 4 or above relevant projects /
assignments: 2 marks

Oracle Cloud
Infrastructure 2. Length of total experience: 1
Consultant mark
• 8 – 10 years of experience: 0.5
mark
• More than 10 years of
experience: 1 mark

Total (1+2) : 3 Marks


• Graduate /Postgraduate with 1.Relevance of experience: 2 marks
Minimum of 8 years of total • 2 relevant projects /
experience in IT. assignments: 1 mark
• Minimum 4 years’ experience • 4 or above relevant projects /
in database management in assignments: 2 marks
cloud services projects out of
Database 2. Length of total experience: 1
total experience.
Administrator mark
Expert
• 8 – 10 years of experience: 0.5
mark
• More than 10 years of
experience: 1 mark

Total (1+2) : 3 Marks

Page 55 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Position Minimum Qualification Marking

• Graduate /Postgraduate with 1. Relevance of experience: 1 mark


Minimum of 8 years of total • 2 relevant projects /
experience in IT. assignments: 0.5 mark
• Min 4 years’ experience in • 4 or above relevant projects /
projects with Oracle ERP assignments: 1 mark
services out of total experience

APEX Techno
2. Length of total experience: 1
Functional
mark
Consultant
• 8 – 10 years of experience: 0.5
mark
• More than 10 years of
experience: 1 mark

Total (1+2) : 2 Marks


• Graduate /Postgraduate with 1.Relevance of experience: 1 mark
Minimum of 8 years of total • 2 relevant projects /
experience in IT. assignments: 0.5 mark
• Min 4 years’ experience in
• 4 or above relevant projects /
Oracle EBS out of total assignments: 1 mark
experience

EBS Techno
2. Length of total experience: 1
Functional
mark
Consultant
• 8 – 10 years of experience: 0.5
mark
• More than 10 years of
experience: 1 mark

Total (1+2) : 2 Marks


Experience of working on site -
with PSUs / Government /Private
Coordinator sector clients

Page 56 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

5.3. Evaluation of Price Bid and Financial Score


The Price Bid of only Technically qualified (Bidders meeting Pre-Qualification Criteria and
obtaining minimum 70 marks in the technical score system as specified in clauses 5.1 and 5.2
respectively) Bidders shall be opened. The bidders are required to fill the price bid as per the
Price Bid format provided in Annexure 9 of this document.

The aggregate services fees shall be considered for Price Bid Evaluation and determination of
Financial Score as below.

Financial Score (FiS) = 100 x FiL/FiC

Where;

FiL is the L1 (Lowest Bidder)’s Consulting Fees

FiC is the Services Fees quoted by Bidder

Services Fees refers to the total aggregate services Fees as per the Price Bid Format specified
in Annexure-9.

Bidder scoring Lowest charges shall be given 100 marks

5.4. Composite Score


(i) The Composite Score of the Bidder shall be determined by combining Technical and
Financial Scores based on following formula;
Composite Score (CS) =Technical Score (TeS) * 0.70 + Financial Score (Fis) * 0.30

The technical experience has been assigned 70% of weightage while price quote is
assigned 30% weightage.

(ii) The Bidder Obtaining Highest Composite Score shall be generally declared as Preferred
Bidder. After negotiations at the discretion of GMDC, the LOA would be granted to the
preferred bidder who would then be the Successful Bidder with whom the Agreement
shall be signed.
(iii) In the event of any preferred bidders withdrawing or disqualifying for any reason, the
respective Rank lists for shall be used to arrive at the next Preferred Bidder.

6. EVALUATION PROCESS

6.1. Opening of Technical Bid

(i) GMDC shall open the Technical Bids received to this RFP, at time, date and Place specified
in clause 1.6 of Section VI in the presence of the Bidders who choose to attend. The
Bidders’ representatives who are present at such opening shall sign a register evidencing

Page 57 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

their attendance as a witness to the Bids opening process.

(ii) The Bidder’s name, the presence or absence of requisite RFP Fees and Bid Security and
such other details as Authority in its sole discretion may consider appropriate, shall be
announced at the opening of Technical Bid.

(iii) GMDC will subsequently examine and evaluate Technical Bids in accordance with the
provisions set out hereunder in clause 5.2.

6.2. Evaluation of Technical Bid


The Bidders shall be required to submit documents as listed in this RFP document as per
clause 5.2 of Section VI along with supporting documents. GMDC shall examine and evaluate
the Technical Bids as per the evaluation steps specified below.
a) Test of Responsiveness for EMD, RFP Fee, Timely and proper Submission

1) Prior to evaluation of Technical Bids (i.e., Qualification Criteria), GMDC shall determine
whether each Bid is responsive to the requirements of the RFP. A Bid shall be considered
responsive only if:
(i) The Technical Bid is submitted in Hard copy and Price Bid online properly as per
the terms of the RFP.
(ii) Technical Bid is accompanied by RFP fee and the EMD as specified in the clause
1.5 and 2.5 of ITB respectively.
(iii) Physical submission of Technical Bid, RFP fee and EMD is made within specified
timeline.
(iv) The Bid and physical submissions are received by the Bid Due Date including any
extension thereof pursuant hereto.
(v) It contains all the information (complete in all aspects) as requested in this RFP
and/or Bid Documents (in formats same as those specified in the RFP);
(vi) It does not contain any conditionality; and
(vii) It is not non-responsive in terms hereof and any other conditions specified
elsewhere in RFP.
2) GMDC reserves the right to reject any Bid which is non-responsive and no request for
alteration, modification, substitution or withdrawal shall be entertained by GMDC in
respect of such Bid.
3) Evaluation of Pre-Qualification Criteria and document checks of only those Bidders shall
be carried out whose Bids are determined to be responsive.
b) Assessment of Pre-Qualification Criteria
1) GMDC shall examine and evaluate the Pre-qualification of each received Bid upon
determining its responsiveness as per sub clause (a) above.
2) The Bidder must meet Pre-Qualification Criteria specified in clause 5 and have

Page 58 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

submitted all documents as per clause 5.1 in order to qualify for next stage of
assessment.
3) Assessment of technical bids to assign Technical Score of only those Bidders shall be
carried out whose Bids are meeting Pre-Qualification Criteria and submitted all required
documents pursuant to sub clause 2) above.
c) Determination of Technical Score
1) GMDC shall examine and assign technical score to each pre-qualified Technical Bid as
per Technical Marking System provided clause 5.2 of Section 6 of Bid Evaluation Criteria
Section.
2) Responsive and Pre-Qualified Bidders may be called to make presentation on
“Approach and Methodology” by GMDC as part of the technical evaluation process.
3) The Bids of the Bidder determined to be responsive, meeting Pre-Qualification criteria
and securing minimum score of 70 in Technical Score shall be declared Technically
Qualified Bids (the “Qualified Bids”/ “Qualified Bidder”).
4) The Financial Bids of only Qualified Bids shall be opened. Evaluation of Financial Bids of
only Qualified Bids shall be carried out.

6.3. Opening of Financial Bid


(i) The Financial Bid shall be filled up by the Bidder as per E-Tendering at designated places
through https://tender.nprocure.com as per the indicative format specified in Annexure
9 to this RFP.
(ii) The Price Bids of only the Bidders determined to be Responsive and meeting the Pre-
Qualification Criteria and obtaining required Technical Score in accordance with Clause
5.2 shall be opened in the presence of such of the Bidders and/or their authorized
representatives who choose to attend.
(iii) The time and date of opening of Financial Bids shall be informed to the Bidders who are
declared as Qualified Bidders pursuant to sub clause 6.2 in advance. The Bidders’
authorized representatives who are present shall be required to sign and record their
attendance. The name of Bidder, bid rates, etc. will be announced at such opening.
(iv) GMDC shall allot Financial Score to each eligible bid in accordance with the provision set
forth in clause 5.3.

6.4. Composite Score


(i) The Technical Score and Financial Score obtained by the Bidder shall be combined as per
the formula provided in clause 5.4.
(ii) The Bidder achieving “Highest Composite Score” shall be generally declared as Preferred
Bidder (the “Preferred Bidder”) and considered for award after following the due process
including negotiation.

6.5. Clarification of Bids and Request for additional/missing information

To facilitate evaluation of Bids, GMDC may, at its sole discretion, seek in writing clarifications
/ documents / missing information in writing from any Bidder regarding its Bid. If the
response from the Bidder is not received by GMDC before the expiration of the deadline
prescribed in the written request, GMDC reserves the right to proceed with evaluation

Page 59 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

process at the total risk and cost of the Bidder.

6.6. Verification and Disqualification

(i) GMDC reserves the right to verify all statements, information and documents submitted
by the Bidder in response to the RFP and the Bidder shall, when so required by GMDC,
make available all such information, evidence and documents as may be necessary for
such verification. Any such verification or lack of such verification, by GMDC shall not
relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of
GMDC there under.

(ii) GMDC reserves the right to reject any Bid and/or appropriate the EMD if:
• at any time, a material misrepresentation in terms of misleading or false
representation is made or uncovered, or
• Bidder is blacklisted/barred by any Government Agency.
• In case of fraudulent Bid and the Bidder found to be involved in fraudulent and
corrupt practice as per RFP Clause 8 of section 6.
• In case the Bidder has Conflict of Interest as per clause 9 of Section 6.
• a Bidder makes an effort to influence Authority in its decisions on Evaluation
process/Selection process.
• while evaluating the Bid, if it comes to Authority’s knowledge expressly or implied,
that some Bidders may have compounded in any manner whatsoever or otherwise
joined to form an alliance resulting in distorting competitive price discovery or
delaying the processing of proposal.
• Record of poor performance such as abandoning the work, rescinding of contract for
which the reasons are attributable to the non-performance of the Bidder, consistent
history of litigation awarded against the applicant or financial failure due to
bankruptcy.
• A bidder who submits or participates in more than one Bid under this RFP.
Such misrepresentation/ improper response/blacklisting/record of poor performance
shall lead to the disqualification of the Bidder. If such disqualification / rejection occur
after the Bids have been opened and the Preferred Bidder gets disqualified / rejected,
then GMDC reserves the right to:
a) invite the remaining Bidders to submit their Bids or
b) take any such measure as may be deemed fit in the sole discretion of GMDC,
including annulment of the Bidding Process.
c) In case it is found during the evaluation of Bids or at any time before signing of the
Contract or after its execution and during the period of subsistence thereof, that
one or more of the prequalification criteria/ Technical Score Criteria /conditions
have not been met by the Bidder, or the Bidder has made material
misrepresentation or has given any materially incorrect or false information, the

Page 60 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Bidder shall be disqualified forthwith if not yet appointed as the Consultant either
by issue of the LOA or entering into of the Contract, and if the Successful Bidder has
already been issued the LOA or has entered into the Contract, as the case may be,
the same shall, notwithstanding anything to the contrary contained therein or in
this RFP, be liable to be terminated, by a communication in writing by GMDC to the
Successful Bidder or the Consultant , as the case may be, without GMDC being liable
in any manner whatsoever to the Successful Bidder or the Consultant. In such an
event, GMDC shall be entitled to forfeit and appropriate the EMD or Performance
Security, as the case may be, without prejudice to any other right or remedy that
may be available to GMDC under the RFP and/or the Contract.

6.7. Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are opened and until
such time GMDC makes official intimation of award/ rejection to the Bidders. While the Bids
are under consideration, Bidders and/ or their representatives or other interested parties are
advised to refrain, save and except as required under the Bidding Documents, from
contacting by any means, GMDC and/ or their consultants/ employees/representatives on
matters related to the Bids under consideration.

6.8. Correspondence with Bidder

Save and except as provided in this RFP, GMDC shall not entertain any correspondence with
any Bidder in relation to acceptance or rejection of any Bid.

6.9. Confidentiality

Information relating to the examination, clarification, evaluation and recommendation for


the Bidders shall not be disclosed to any person who is not officially concerned with the
process or is not a retained professional advisor advising GMDC in relation to, or matters
arising out of, or concerning the Bidding Process. GMDC will treat all information submitted
as part of the Bid, in confidence and will require all those who have access to such material
to treat the same in confidence. GMDC may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to require its disclosure
or is to enforce or assert any right or privilege of the statutory entity and/ or GMDC or as may
be required by law or in connection with any legal process.

7. SELECTION OF MANAGED SERVICE PROVIDER (MSP) AND SIGNING OF AGREEMENT

7.1. Notification of Award

(i) Prior to expiry of the Bid Validity Period, Authority shall notify the Preferred Bidder(s) as
the Successful Bidders through letter that his/their Bid has/have been accepted (the
“Successful Bidder(s)”). This letter (“Letter of Award”/ “LOA”) shall be issued, in
duplicate and shall specify the sum which GMDC shall pay to the Successful Bidder and
sum that the Successful Bidder shall pay to Authority in consideration of Project scope
as per the terms of Contract.

Page 61 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(ii) Successful Bidder shall, within 7 (seven) days of the receipt of the LOA, sign and return
the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate
copy of the LOA duly signed by the Successful Bidder is not received by the stipulated
date, GMDC may, unless it consents to extension of time for submission thereof,
appropriate the Bid Security of such Bidder as damages on account of failure of the
Successful Bidder to acknowledge the LOA, and the next Eligible and Qualified Bidder
may be considered.

7.2. Signing of Agreement

(i) After acknowledgement of the LOA as aforesaid by the Successful Bidder, it shall cause
the Successful Bidder, subject to furnishing the performance security as per the RFP
provisions, to execute/sign the Agreement within the 30 (thirty) days from the date of
LOA (the “Execution Date”). The Successful Bidder shall not be entitled to seek any
deviation, modification or amendment in the Draft Agreement

(ii) The Draft copy of Agreement (the “Contract”) is specified in Section VIII of this RFP.

(iii) The Successful Bidder shall get correct amount of Stamp Duty adjudicated (Stamp Paper
of Rs. 100 denominations can be used), at Ahmedabad in accordance with applicable
law, and submit the same in two copies duly stamped and executed within thirty (30)
days from the dispatch of Letter of Award. GMDC shall return one copy duly sealed and
signed as a token of acceptance of the Contract. Stamp Duty, and any other charges as
may be levied under applicable law, shall be paid by the Successful Bidder.

(iv) After the signing of Agreement, the Successful Bidder shall be called the “Managed
Service Provider (MSP)”.

7.3. Performance Security

(i) The Successful Bidder shall furnish Performance Security to Authority for securing the
due and faithful performance of its obligations under the Agreement, within 20 days
from the LOA, in the form of Demand Draft or an unconditional and irrevocable bank
guarantee (Annexure 6) for amount of equivalent to 10% (Ten percent) of cumulative
Services Fees (without GST) quoted for the Scope of Work of Part 1, Part 3 and Part 4
of Scope of Work payable to GMDC by the Successful Bidders (the “Performance
Security”) from Approved Bank to Authority. Such performance Security shall be in
favor of Gujarat Mineral Development Corporation Ltd and admissible and payable at
Ahmedabad branch from Approved Bank to Authority.

(ii) The MSP shall maintain a valid and binding Performance Security for the Contract
Period. The Consultant shall ensure that the Performance Security shall subsist in full
force and effect in terms hereof, throughout the Agreement Period and thereafter until
expiry of three months. In case Contract Period is extended then the MSP shall have to
renew Performance Security for a period of extended Contract Period.

(iii) If the Bidder fails to furnish the Performance Security, it shall be lawful for GMDC to
forfeit the EMD and cancel the contract or any part thereof.

Page 62 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(iv) GMDC shall be entitled to forfeit and appropriate the amount of the Performance
Security in whole or in part:

a) in the event GMDC requires to recover any sum due and payable to it by the MSP
including but not limited to Damages; and which the MSP has failed to pay in relation
thereof; and

b) in relation to MSP’s breach in accordance with the terms contained in the Agreement.

(v) At any time during the Validity Period, the Performance Security has either been
partially or completely been encashed by GMDC in accordance with the provision of the
Agreement. The Consultant shall within 15 (fifteen) days of such encashment either
replenish, or provide fresh performance security, as the case may be, failing which
GMDC shall be entitled to terminate this Agreement.

(vi) At the end of the Contract Period, the Performance Security shall be returned to the
MSP without any interest, subject to any deductions which may be made by GMDC in
respect of any outstanding dues under the terms of the Agreement.

7.4. Commencement of Work/Assignment

The Consultant shall commence the services within one month of the Signing of Agreement,
or such other date as GMDC may permit. If the MSP fails to either sign the Agreement as
specified in Clause 7.2 of Section 6 or commence the assignment as specified herein, GMDC
may invite the second ranked Bidder for negotiations. In such an event, the LOA or the
Agreement, as the case may be, may be cancelled / terminated.

7.5. Proprietary Data

Subject to the provisions of Clause 6.9, all documents and other information provided by
GMDC or submitted by Bidder to GMDC shall remain or become the property of GMDC.
Bidder and the MSP, as the case may be, are to treat all information as strictly confidential.
GMDC will not return any Bid or any information related thereto. All information collected,
analyzed, processed or in whatever manner provided by the MSP to GMDC in relation to the
MSP Assignment pursuant to TOR shall be the property of GMDC.

7.6. Tax Liability

(i) The rates quoted in Price Bid Annexure 9 shall be inclusive of all taxes, duties, surcharge
Levies etc. as applicable (“Price Quote”) except applicable Goods and Service Tax.
Applicable GST at the time of invoicing shall be reimbursed by GMDC.

(ii) GMDC shall be entitled to deduct tax at source as may be applicable. The TDS certificate(s)
shall be submitted as per the due date specified in the Income Tax Act.

8. FRAUD AND CORRUPT PRACTICES

a) The Bidders and their respective officers, employees, agents and advisers shall observe

Page 63 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

the highest standard of ethics during the Bidding Process and subsequent to the issue of
the LOA and during the subsistence of the Contract. Notwithstanding anything to the
contrary contained herein, or in the LOA or the Contract, GMDC may reject a Bid,
withdraw the LOA, or terminate the Contract, without being liable in any manner
whatsoever to the Bidder, if it determines that the Bidder or as the case may be, has,
directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice in the Bidding
Process. In such an event, GMDC shall be entitled to forfeit and appropriate the EMD, as
the case may be, without prejudice to any other right or remedy that may be available to
GMDC under the Bidding Documents and/ or the Contract, or otherwise. In case of
cancellation of Contract, if already awarded, Authority shall be entitled to recover from
the Bidder the amount of any loss arising from such cancellation in accordance with
provisions of RFP Document.

b) Without prejudice to the rights of GMDC under sub Clause (a) hereinabove and the rights
and remedies which GMDC may have under the LOA or the Contract or otherwise if a
Bidder or MSP as the case may be, is found by GMDC to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice during the Bidding Process,
or after the issue of the LOA or the execution of the Contract and/or otherwise, such
Bidder or Consultant shall not be eligible to participate in any tender or RFP issued by
GMDC during a period of 2 (two) years from the date such Bidder or MSP as the case may
be, is found by GMDC to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practices, as the case may be.

c) For the purposes of this Clause 8, the following terms shall have the meaning hereinafter
respectively assigned to them:

(i) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with
the Bidding Process (for avoidance of doubt, offering of employment to or employing
or engaging in any manner whatsoever, directly or indirectly, any official of GMDC
who is or has been associated in any manner, directly or indirectly, with the Bidding
Process or the LOA or has dealt with matters concerning the Contract or arising there
from, before or

(ii) after the execution thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service of GMDC,
shall be deemed to constitute influencing the actions of a person connected with the
Bidding Process); or (ii) engaging in any manner whatsoever, whether during the
Bidding Process or after the issue of the LOA or after the execution of the Contract,
any person in respect of any matter relating to the Project or the LOA or the Contract
or otherwise, who at any time has been or is a legal, financial or technical adviser of
GMDC in relation to any matter concerning the Project;

Page 64 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(iii) “Fraudulent practice” means a misrepresentation or omission of facts or


suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
(iv) “Coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s participation
or action in the Bidding Process;
(v) “Undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by GMDC with the objective of canvassing, lobbying or
in any manner influencing or attempting to influence the Bidding Process; or (ii)
having a Conflict of Interest; and
(vi) “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Bidding Process.

9. CONFLICT OF INTEREST

a) The Bidder shall not have a conflict of interest that may affect the Selection Process or
the Consultancy (the “Conflict of Interest”). Any Bidder found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, GMDC shall forfeit and appropriate
the Bid Security, if available, or as mutually agreed genuine pre-estimated compensation
and damages payable to GMDC for, inter alia, the time, cost and effort of GMDC including
consideration of such Bidder’s Proposal/Bid, without prejudice to any other right or
remedy that may be available to GMDC hereunder or otherwise.

b) GMDC requires that the MSP provides professional, objective, and impartial advice and
at all times hold GMDC’s interest’s paramount, avoid conflicts with other assignments or
its own interests, and act without any consideration for future work. The MSP shall not
accept or engage in any assignment that would be in conflict with its prior or current
obligations to other clients, or that may place it in a position of not being able to carry
out the assignment in the best interests of GMDC.

c) Without limiting the generality of the above, shall be deemed to have a Conflict of Interest
affecting the Selection Process, if the relationship between two Bidders is established
through common holding, either directly or through Associates, of at least 26% holding
of equity/profit sharing in another company/firm, or in each other and other terms as
specified hereunder;

A. The Bidder, its member or Associate (or any constituent thereof) and any other Bidder,
its Member or Associate (or any constituent thereof) have common controlling ownership
interest. Common controlling ownership interest for Company, Limited Liability
Partnership Firm is defined as follows. Associates of the Bidding firm shall mean Parent
and/or Subsidiary and/or sister concerned firm having meaning specified in definition
section.

(1) If Bidder is a Company: In such case, the Bidder (including its Associate or any

Page 65 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

shareholder thereof of Bidder and/or its Associates) possessing over 26% of the paid
up and subscribed capital in its own company or Associate as the case may be, also
holds:
a) more than 26% of the paid up and subscribed equity capital in the other Bidder,
its member or Associate of such other Bidder or Associates is Company; and/or
b) more than 26% of profit sharing in other Bidder or Associates such other Bidder
or Associates is a Limited Liability Partnership firm. and/or
(2) If Bidder is a Limited Liability Partnership Firm: In such case, the Bidder or its
Partners or Associate having a profit sharing of more than 26% of such Bidder or its
Partners or Associate as the case may be also holds;
a) more than 26% of the paid up and subscribed equity capital in the other Bidder
or Associate of such other Bidder, its member or Associates is Company; and/or
b) more than 26% of profit sharing in other Bidder or its Associates such other
Bidder or its Associates is a Limited Liability Partnership firm. and/or

B. a constituent of such Bidders is also a constituent of another Bidders; or.


C. such Bidders receives or has received any direct or indirect subsidy or grant from any other
Bidder/s, or has provided any such subsidy to any other Bidders; or
D. such Bidder has the same legal representative for purposes of this Bid as any other Bidders;
or
E. such Bidders has a relationship with another Bidders, directly or through common third
parties, that puts them in a position to have access to each other’s’ information about, or
to influence the Bid of either or each of the other Bidders; or
F. there is a conflict among this and other consulting assignments of the Bidder (including its
personnel and other members, if any) and any subsidiaries or entities controlled by such
Bidder or having common controlling shareholders. The duties of the MSP will depend on
the circumstances of each case. While providing consultancy services to GMDC for this
particular assignment, the MSP shall not take up any assignment that by its nature will
result in conflict with the present assignment; or
G. Bidder shall furnish an affirmative statement as to the existence of, or potential for conflict
of interest on the part of the Bidder or any prospective subcontractor due to prior, current
contracts, engagements, or affiliations with Authority. Additionally, such disclosure shall
address any and all potential elements (time frame for service delivery, resource, financial
or other) that would adversely impact the ability of the Bidder to complete the
requirements as given in the RFP.

10. MISCELLANEOUS

a) The Bidding Process shall be governed by, and construed in accordance with, the laws of
India and the Courts at Ahmedabad shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the Bidding Process.

Page 66 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

b) GMDC, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;
(i) Suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement
the Bidding Process or modify the dates or other terms and conditions relating
thereto;
(ii) consult with any Bidder in order to receive clarification or further information;
(iii) retain any information and/ or evidence submitted to GMDC by, on behalf of, and/
or in relation to any Bidder; and/ or
(iv) Independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/ or evidence submitted by or on behalf of any Bidder.

c) It shall be deemed that by submitting the Bid, the Bidder agrees and releases GMDC, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any
and all liability for claims, losses, damages, costs, expenses or liabilities in any way
related to or arising from the exercise of any rights and/ or performance of any
obligations hereunder, pursuant hereto and/ or in connection with the Bidding Process
and waives, to the fullest extent permitted by applicable laws, any and all rights and/or
claims it may have in this respect, whether actual or contingent, whether present or in
future.

d) No Partnership: Nothing contained in the RFP shall be construed or interpreted as


constituting a partnership between the Parties. Neither Party shall have any authority to
bind the other in any manner whatsoever other than as per provisions laid out in this
Agreement.

e) The MSP shall be deemed to be acting as an independent contractor of Authority and


shall not be deemed an agent, legal representative, joint venture or partner of Authority.
Neither party is authorized to bind the other to any obligation, affirmation or
commitment with respect to any other person or entity.

Page 67 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION VII: PAYMENT TERMS

1. SERVICE FEES

a) Authority hereby covenants to pay the Fees to the MSP for Scope of the Work / TOR
specified in SECTION – III of the RFP and as per the payment terms specified in clause 2
of this section at agreed price specified hereunder.

Unit Quantities Service Fees Total Quote


• Sr. Scope Items and
(A) (B) (Rs/ Unit) in INR
No. Deliverable
(C) (D = B X C)
1. • Part 1: As Is Assessment
Services and Migration Lumpsum 1
Plan

2. Part 2: O&M of existing • •


on-premises DC and its
third-party applications Quarterly 1
(Payable only if GMDC
commission on-premises
O&M)

3. Part 3: Migration and DC Lumpsum 1 • •


Formation & Testing
4. Part 4: Operation and • •
Maintenance post Quarterly 12
Migration, Review and
Training
5. Part 5: Gap analysis for • •
Usage enhancement Lumpsum 1
(Payable only if GMDC
commission Gap analysis)

6. Part 6: Architecture • •
Assessment for SAAS
Migration (Payable only if Lumpsum 1
GMDC commission SaaS
migration assessment)

7. Part 7: Change Request


Man- • •
(Payable only if GMDC days 100*
commission change request)
Total Fees (INR)

Page 68 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

*Tentative for the purpose of Bid evaluation

b) It is to be noted that total Service Fees for the Part 3 of the Scope shall not exceed the
35% of the fees quoted for Part 4 of the Scope of Work. In case the Bidder’s Service Fees
for the Part 3 is exceeding the 35% of the Part 4 then the Authority/ GMDC shall have
right to rebalance it and the Bidder shall have to abide by this provision.

c) The Service Fees specified in subclause a) hereinabove represent the net amounts
payable exclusive of GST but inclusive of all other applicable taxes, duties, surcharge, and
levies. Applicable GST, over and above Service Provision Fees, at the time of invoicing
shall be reimbursed by GMDC.

d) The Service Fees specified in subclause a) hereinabove also includes remuneration of


MSP’s staff, Travel expense at Ahmedabad, expense towards dime, hotel stay, office
rents, conveyance, stationary and any other expense to be incurred for executing Scope
of Work.

2. PAYMENT TERMS
a) The payment shall be made by GMDC as per the payment terms specified hereunder.

Payment Milestone/ Submission and Approval required for the


Scope Items Frequency of Payment Payment

1) Submission of Invoice
Part 1: Preparation of
100% upon 2) Submission and approval of reports as
As-Is Assessment and
submission and specified below
Migration Plan
approval of Report (i) As Is Assessment Report of existing
infrastructure and applications.
(ii) Continuity Plan for Migration to Cloud
DC and Cloud DR.
(iii) Cloud Migration Plan
1) Submission of Invoice
Part 2: O&M of existing 100% at the end of
2) Submission of following report
on-premises DC and its the quarter
(i) SLA Reports
third-party applications
(ii) MIS Reports as specified in clause Part
(optional)
4 F of section III.
Payment shall be made subject to subclause C)
hereunder.
1) Submission of Invoice
Part 3: Migration and 100% upon issuance
2) Submission of Completion Certificate for
DC Formation & Testing of Completion
Stabilization Period
Certificate for
Stabilization Period.

Page 69 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Payment Milestone/ Submission and Approval required for the


Scope Items Frequency of Payment Payment

1) Submission of Invoice
Part 4: Operation and The O&M period shall
2) Submission of following report
Maintenance post commence from the
(i) SLA Reports
Migration, Review and date of issuance of
(ii) MIS Reports as specified in clause Part
Training Completion Certificate
4 F of section III.
for Stabilization
Period.
Quarterly Payment at
the end of each
quarter as per the
quarterly rate
specified in a table
placed in clause 1a)
hereinabove shall be
applicable
1) Submission of Invoice
Part 5: Gap analysis for 100% upon
2) Submission and approval of Gap analysis
Usage enhancement submission and
and Usage enhancement report
approval of Report
1) Submission of Invoice
Part 6: Architecture 100% upon
2) Submission and approval of SAAS
Assessment for SAAS submission and
Architecture assessment report.
Migration approval of Report
Payment to be disbursed on actual usage of
Part 7: Change Request As per the approved
resources and upon completion of change
man-days rate for
request (if any). If change request is not
approved man-days
requested, then payment shall not be made.
upon completion of
task as specified in
Change Control Note

b) Other payment terms for Scope of Work pertaining to Part 1, Part 3, Part 5 and Part 6.

(i) The MSP shall submit invoices upon achieving corresponding milestones for Part 1,
Part 3, Part 5 and Part 6 of the Scope of Work respectively as stated in subclause a)
herein above. Authority shall make payment within 15 days of submission of
invoices upon verifying the milestone for which invoice is submitted subject to
deduction of any damages pursuant to SLAs and contract conditions.

(ii) Applicable GST, over and above approved Service Provision Fees, at the time of
invoicing shall be reimbursed by GMDC. The risk of applicability of any taxes, duties
and levies except GST, shall rest with the Service Provider.

Page 70 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(iii) GMDC shall be entitled to deduct tax at source as may be applicable. The TDS
certificate(s) shall be submitted as per the due date specified in the Income Tax
Act.
(iv) In case GMDC requires to repeat the activities pertaining to Part 5 during the
contract period, then GMDC shall make additional payment on actual to the MSP
as per the details mentioned in the above Clause a) of Service Fees section.
(v) In case, GMDC commissions Scope pertaining to Part 5 more than once, in such
case GMDC shall make additional payment for Part 5 each time it commissions such
study as per the payment terms specified in clause 2a).

c) Other payment terms for Scope of Work pertaining to Part 2 of the Scope of Work

(i) The Bidders shall need to mandatorily quote Service Fees separately as per the Price
Bid format for Part 2 of the Scope of Work. However, the award of the work
pertaining to Part 2 is optional and GMDC in its sole discretion shall decide to award
the work pertaining Part 2 to the MSP.
(ii) In case GMDC decides to award of the Work pertaining to Part 2 of the Scope to the
MSP, in such case MSP shall submit invoices at the end of the Quarter from the date
of takeover of O&M of On-premise DC and Oracle EBS ERP as per the payment
specified in a) herein above.
(iii) If the migration to OCI cloud delayed on account of reasons attributable to the MSP,
in such case the MSP shall be responsible for undertaking O&M of on-premises DC
without any cost to GMDC for an additional period till the time migration is
completed. If such delay is on account of reasons not attributable to the MSP, in such
case the MSP shall undertake O&M of on-Premises DC and GMDC shall make
payment for additional period on Pro rata basis.
(iv) Authority shall make payment within 15 days of submission of invoices upon verifying
the milestone for which invoice is submitted subject to deduction of any damages
pursuant to SLAs and contract conditions.
(v) GMDC shall be entitled to deduct tax at source as may be applicable. The TDS
certificate(s) shall be submitted as per the due date specified in the Income Tax Act.

d) Other payment terms for Scope of Work pertaining to Part 4 of the Scope of Work

(i) The O&M period for Part 4 shall commence from the date of issuance of Completion
Certificate for the Stabilization Period.
(ii) The MSP shall submit an invoice at the end of each quarter for a period of 3 years of
O&M period. Authority shall make payment within 15 days of submission of invoices
upon verifying the milestone for which invoice is submitted subject to deduction of
any damages pursuant to SLAs and contract conditions.

Page 71 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(iii) Applicable GST, over and above approved Service Provision Fees, at the time of
invoicing shall be reimbursed by GMDC. The risk of applicability of any taxes, duties,
and levies except GST, shall rest with the Service Provider.
(iv) Subject to the satisfactory performance of the MSP, the Authority may, at its sole
discretion, extend this Contract Period beyond three years for an additional period of
one + one year. In case of extension, the rates shall be revised with 5% annual
escalation.
(v) GMDC shall be entitled to deduct tax at source as may be applicable. The TDS
certificate(s) shall be submitted as per the due date specified in the Income Tax Act.

e) Other payment terms for Scope of Work pertaining to Part 7 of the Scope of Work

(i) Change Management can be initiated by MSP or by Authority during the project
contract period if need so arise.
(ii) For every Change Request initiated by MSP or Authority, Change Control Note (as per
Annexure 15 of this RFP document) shall be submitted by the MSP mentioning the
details w.r.t. to brief details of work to be undertaken, no. of resources required, man
days required, work completion timelines and Impact details.
(iii) Upon receipt of the Change Control Note, GMDC shall have the right to vet the change
request details and its quotation from third party at its sole discretion.
(iv) If GMDC concludes that the cost of the change request is higher than the prevailing
market rates then In such cases GMDC shall have the right to execute the said Change
request from the third party for which the O&M shall be undertaken by the MSP until
the entire contract period at no additional cost.
(v) In case where Change Request is to be executed by MSP, then GMDC shall issue the
indent mentioning Change Request brief, No. of resources and work completion
timelines and man days required to the MSP for undertaking the Change Request work
and there by undertaking the O&M of the same until the entire contract period.
(vi) Upon execution of the work, MSP shall submit the invoice. The Authority shall make
payment within 15 days of submission of invoices upon verifying the milestone for
which invoice is submitted subject to deduction of any damages pursuant to SLAs and
contract conditions.
(vii) Applicable GST, over and above approved Service Provision Fees, at the time of
invoicing shall be reimbursed by GMDC. The risk of applicability of any taxes, duties,
and levies except GST, shall rest with the Service Provider.
(viii) GMDC shall be entitled to deduct tax at source as may be applicable. The TDS
certificate(s) shall be submitted as per the due date specified in the Income Tax Act.

Page 72 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION VIII: CONTRACT TERMS AND CONDITIONS

THIS AGREEMENT is entered into on this the _______ day of __________, 20_____
BETWEEN
Gujarat Mineral Development Corporation Ltd, a company incorporated under Indian
Companies act, 1953 and having its corporate office at Khanij Bhavan, 132-Ring Road, Gujarat
University Ground, Vastrapur, Ahmedabad- 380052 (hereinafter referred to as the
“Authority/GMDC” which expression shall, unless repugnant to the context or meaning
thereof, include its administrators, successors, and assigns) of ONE PART.
AND
_____________________, having its registered office at________________, hereunder
referred to as the “Managed Service Provider (MSP)” which expression shall unless
repugnant to the context include its successors and permitted assigns, of the OTHER PART.
GMDC and the MSP are hereinafter individually referred to as “Party” and collectively as
“Parties”.

WHEREAS
A. GMDC vide its Request for Proposal, dated ____ invited Bids from competent parties
through transparent and competitive bidding process for RFP for Selection of Managed
Service Provider for services associated to Oracle EBS Cloud Migration and Operations
& Maintenance Services Post Migration as per the terms specified in RFP and this
Agreement (hereinafter called the “Project/ Work/ Assignment”);
B. Pursuant to the evaluation of the bids received, GMDC has accepted the bid of the MSP
dated ______________ as per the terms and conditions specified in RFP documents,
subsequent Addendum and terms specified in this Agreement and issued a Letter of
Award (LOA) No. ________dated ________ accepting the particular Bid Proposal.
C. The MSP has accepted the LOA by its letter dated________, requiring inter alia the
execution of the Contract. GMDC hereby agrees to appoint and avail services of the
Selection of MSP for providing Cloud migration services on the terms, conditions and
covenants hereinafter set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the respective covenants and
agreements set forth in this Agreement, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties (GMDC and MSP) hereto
hereby agree as follows:
The following documents attached hereto shall be deemed to form an integral part of this
Agreement:
This Agreement along with all Annexure/schedule hereto.
1. Request for Proposal Document issued by GMDC in its entirety including all its
parts/sections, annexure, corrigendum, and Addendums thereto.
2. Letter of Acceptance (LOA) no. _____________ issued on_________.

Page 73 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

3. Terms of Reference/Scope of Work provided in RFP SECTION IV.


4. Payment Terms provided in RFP SECTION VII.
5. Any relevant correspondence between the two parties that the signatories have
agreed to include as part of the Contract for validating and clarifying any points in the
Contract or by way of revised or improved understanding of any terms of the Contract
as appended herein.
While all above documents are deemed to be part of the Agreement, in the event of any
discrepancy / conflict in the terms of the above referred documents or interpretation
thereof, the provisions of the more recent document, date wise, shall prevail over the
older document.

1. GENERAL

1.1. Definition and Interpretation


In this Agreement, the following words and expressions shall, unless repugnant to the context
or meaning thereof, have the meaning hereinafter respectively ascribed to them hereunder:

“Applicable Law” means all the laws, acts, ordinances, rules, regulations, notifications,
guidelines or bye-laws, in force and effect, as of the date hereof and which may be
promulgated or brought into force and effect hereinafter in India, including judgments,
decrees, injunctions, writs or orders of any court of record, as may be in force and effect
during the subsistence of this Contract, including without limitation those laws/regulations
applicable to the Project;

“Applicable Clearances” means all clearances, permits, no-objection certifications,


exemptions, authorisations, consents, and approvals required to be obtained or maintained
under Applicable Law, in connection with the Project during the subsistence of this
Agreement;

"Authority" or “GMDC” means the Gujarat Mineral Development Corporation Ltd having its
office at Khanij Bhavan, 132-ft. Ring Road, Gujarat University Ground, Vastrapur,
Ahmedabad- 380052 and responsible for implementation of IT projects and shall include its
authorized successors and assigns at all times [including without limitation its authorized
representatives];

“Contract” means the Contract signed by the Parties and all the attached documents listed
in Preliminary and the Annexures/schedules.

“Contract Period”/” Agreement Period” shall have a meaning specified in clause 2.4 of this
Agreement.

“Day” means calendar day.

“Dispute” shall have a meaning specified in clause 12 of this Agreement.

Page 74 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

“Effective Date” shall have meant specified in clause 2 of this Agreement.

“Force Majeure” shall have a meaning specified in clause 2.7 of this Agreement.

“Insurance” shall have a meaning specified in clause 3.12 of this Agreement.

“Local Currency” means Indian Rupees.

“Liquidated Damages” shall have a meaning specified in clause 8 of this section of this
Agreement.

“Managed Service Provider’s (MSP) Event of Default” shall have a meaning specified in
clause 7.1 of this Agreement.

“Obligations of the (MSP) Managed Service Provider” shall mean Managed Service
Provider’s responsibilities specified in this Service Provider Agreement with respect to the
Project unless such responsibilities/obligations are waived by the Authority.

“Obligations of the Authority” shall mean Authority’s responsibilities specified in this


Managed Service Provider Agreement with respect to the Project unless such
responsibilities/obligations are waived by the Service Provider.

“O&M Report” shall have a meaning specified in Scope of Work of this Agreement.

“Operation Period” shall start on the date of issuance of Go Live Certificate and ends on
Termination of the Agreement.

“Operations and Maintenance” shall include the activities as mentioned in Scope of Work of
this Agreement.

“Project Acceptance Certificate”/” Go Live Certificate” means the certificate issued by the
Authority upon successful completion of migration of existing on premises database to Cloud
DC and it’s related all services and testing as specified in RFP Section III.

“Party” means the “Authority”.

“Performance Security “shall have a meaning specified in clause 7.3 of section VI of this RFP
document.

“Personnel” means professionals and support staff provided by the MSP assigned to perform
the Services or any part thereof.

“Managed Service Provider/MSP/Service Provider/Bidders” shall mean the person selected


pursuant to this RFP for services associated to Oracle EBS Cloud Migration and Operations &
Maintenance Services Post Migration.

Page 75 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

“Services”/ “Scope of Services/ Scope of Work” means the work to be performed by the
MSP pursuant to this Contract, as described in RFP SECTION III;

“Termination” shall mean early termination of this Agreement pursuant to Termination


Notice or otherwise in accordance with the provisions of this Agreement but shall not, unless
the context otherwise requires, include expiry of this Agreement due to efflux of time in the
normal course.

“Termination Date” shall mean the date specified in the Termination Notice or Notice of
Termination as the date on which Termination occurs.

“Termination Notice” means communication issued in accordance with this Agreement by


one Party to the other Party specifying intention of terminating this Agreement.

“Termination Payment” means the amount payable by the Authority to the Service Provider
upon early Termination.

“Test” means the Tests carried out by the Managed Service Provider to determine the
conformity of the Project and Operations and Maintenance procedures to the requirements
set in this Agreement.

“Taxes and Duties” shall mean all taxes, duties, fees etc. payable as per applicable laws in
India in connection with the procurement, development, installation, operation,
maintenance, and management of Project.

“Terms of Reference” (“TOR”) are the description of scope of Service to be performed by the
MSP. Detailed TOR is specified in RFP SECTION III;

“Third Party” means any person or entity other than the “Authority”, or the MSP.

All other/Remaining Definitions are specified in section III of RFP and elsewhere in the
Agreement.

1.2. Principles of Interpretation

a. The table of contents, numbers, headings, and marginal headings in this Agreement are
solely for the purpose of facilitating reference and shall not impact the construction or
interpretation of this Agreement.
b. Words importing Persons or Parties shall include firms, companies, corporations, trusts,
associations, and any organizations having legal capacity to sue and be sued in their
names.
c. Words importing the singular also include the plural and vice versa where the context
requires.
d. Words importing one gender also include other gender.

Page 76 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

e. In case of ambiguities or discrepancies in this Agreement, the following shall apply:


(i) Between the Articles and the Schedules, the Articles shall prevail:
(ii) Between any value written in numerals and that in words, the latter shall prevail.

1.3. Relationship between Parties


Nothing contained herein shall be construed as establishing a relation of master and servant
or of agent and principal as between GMDC and the MSP. The MSP shall, subject to this
Agreement, have complete charge of Personnel
performing the Services and shall be fully responsible for the Services performed by them or
on their behalf hereunder.

1.4. Rights and Obligations


The mutual rights and obligations of GMDC and the MSP shall be as set forth in the
Agreement, in particular:
(i) the MSP shall carry out the Services in accordance with the provisions of the
Agreement; and
(ii) GMDC shall make payments to the MSP in accordance with the provisions of the
Agreement.

1.5. Governing Law and Jurisdiction

This Agreement shall be construed and interpreted in accordance with and governed by the
laws of India, and the courts at Ahmedabad shall have exclusive jurisdiction over matters
arising out of or relating to this Agreement.

1.6. Language

All notices required to be given by one Party to the other Party and all other communications,
documentation and proceedings which are in any way relevant to this Agreement shall be in
writing and in English language.

1.7. Table of Content and Heading

The table of contents, headings or sub-headings in this Agreement are for convenience of
reference only and shall not be used in, and shall not affect, the construction or interpretation
of this Agreement.

1.8. Notices

Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice request or consent shall be deemed to have been
given or made when delivered in person to an authorized representative of the party to

Page 77 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

whom the communication is addressed, or when sent by registered mail, telex, telegram, or
facsimile to such Party at the address specified hereunder.

If to Authority.
________________________.

Gujarat Mineral Development Corporation Ltd, Ahmedabad


If to MSP;

_______

1.9. Location

The Services shall be performed at GMDC Corporate office Ahmedabad and its associated
places.

1.10. Authorised Representative

a) Any action required or permitted to be taken, and any document required or permitted
to be executed under this Contract by the “Authority” or the MSP may be taken or
executed by the officials specified hereunder.

b) GMDC may, from time to time, designate one of its officials as GMDC Representative.
Unless otherwise notified, GMDC Representative shall be: --------------

c) The MSP may designate one of its employees as MSP’s Representative. Unless otherwise
notified, the MSP’s Representative shall be: --------------

2. COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT


2.1. Effectiveness of Agreement
This Agreement shall come into force and effect on the date of this Agreement (the “Effective
Date”).

2.2. Commencement of Services


The MSP shall commence the Services within a period of one month from the Effective Date,
unless otherwise agreed by the Parties.

2.3. Termination of Agreement for failure to commence Services.


If the MSP does not commence the Services within the period specified in Clause 2.2 above,
GMDC may, by not less than 1 (one) weeks’ notice to the MSP, declare this Agreement to be
null and void, and in the event of such a declaration, this Agreement shall stand terminated
and the MSP shall be deemed to have accepted such termination.

Page 78 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

2.4. Expiration of Agreement

a) Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall,
unless extended by the Parties by mutual consent as per the sub clause (b) hereunder, the
Agreement shall remain in force for a period of forty six months from the Effective Date.
Upon Termination, GMDC shall make payments of all amounts due to the MSP hereunder
for which milestone achieved/services delivered.

b) Subject to the satisfactory performance of the MSP, the Authority may, at its sole
discretion, extend this Contract Period beyond three years for an additional one + one
year. In case of extension, the rates shall be revised with 5% annual escalation.

c) In case, the execution of Scope of work (i.e. Part 2 Migration activities) delayed due to
reasons not attributable to the MSP then the Contract Period shall be extended suitably
until completion of Scope. In case, the execution of Scope of work delayed due to reasons
attributable to the MSP then the Contract Period shall be extended suitably at no extra
cost to GMDC and subject to recovery of Liquidated damages as per clause 8.2
2.5. Entire Agreement

a) This Agreement and the Annexes/ schedules together constitute a complete and exclusive
statement of the terms of the agreement between the Parties on the subject hereof, and
no amendment or modification hereto shall be valid and effective unless such modification
or amendment is agreed to in writing by the Parties and duly executed by persons
especially empowered in this behalf by the respective Parties. All prior written or oral
understandings, offers or other communications of every kind pertaining to this
Agreement are abrogated and withdrawn; provided, however, that the obligations of the
MSP arising out of the provisions of the RFP shall continue to subsist and shall be deemed
to form part of this Agreement.

b) Without prejudice to the generality of the provisions of Clause 2.5(a), on matters not
covered by this Agreement, the provisions of RFP shall apply.
2.6. Modification of Agreement
Modification of the terms and conditions of this Agreement, including any modification of the
scope of the Services, may only be made by written agreement between the Parties.
However, each Party shall give due consideration to any proposals for modification made by
the other Party.

2.7. Force Majeure


Force Majeure Event means occurrence of any act, event or circumstance or a combination
of events and circumstances which affects the Party claiming such Force Majeure Event from
performing its obligations under this Agreement (“Affected Party”), which act or event
satisfies all the following conditions:

(i) are beyond the reasonable control of the Affected Party and materially and adversely
affects the performance of an obligation by a Party;

Page 79 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(ii) the Affected Party could not have prevented or reasonably overcome the event or
circumstance with the exercise of Good Industry Practices or reasonable skill and care;
(iii) does not result from the negligence or misconduct of the Affected Party or the failure of
such Party to perform its obligations hereunder; and
(iv) any consequences of which, prevent, hinder, or delay in whole or in part the performance
by such Party of its obligations under this Agreement.
2.7.1. Definition
Force Majeure includes the following events and/ or circumstances to the extent that they or
their consequences satisfy each of the requirements set forth in this Clause.

a) An act of war (whether declared or undeclared), invasion, armed conflict or act of foreign
enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil
commotion, or politically motivated sabotage, act of terrorism, Industry wide or state
wide or India wide strikes or industrial action which prevents the operation of the Project,
Facilities and Facilities sites for a period exceeding a continues period of 15 (Fifteen) days
in an accounting year.
b) The occurrence of pressure waves caused by aircraft or other aerial devices travelling at
supersonic speeds, fire or explosion, radioactive or chemical contamination or ionizing
radiation directly affecting the Project, unless the source or cause of the explosion,
contamination, radiation or hazardous substance is brought to or near the Project Site by
the Service Provider or any affiliate of the Service Provider or any Contractor or any such
affiliate or any of their respective employees, servants or agents;
c) strikes, go-slows and/or lockouts or other industrial action or labor dispute which are in
each case widespread, nationwide, or political and other than those involving the Service
Provider, Contractors or their respective employees/representatives or attributable to
any act or omission of any of them.
d) Any effect of the natural elements, including lightning, fire, earthquake, unprecedented
rains, tidal wave, flood, storm, cyclone, typhoon, or tornado, and other unusual or
extreme adverse weather or environmental conditions or actions of the elements within
India;
e) Epidemic or plague within India;
f) Compliance with a request from the Authority pursuant to the directions of any
Government decree, the effect of which is to close all or any part of the Project Site.
g) any judgment or order of any court of competent jurisdiction or statutory authority in
India made against the Service Provider in any proceedings for reasons other than failure
of the Service Provider to comply with any Applicable Law or Applicable Permits or on
account of breach thereof, or of any contract, or enforcement of Service Provider
Agreement or exercise of any of its rights under of Service Provider Agreement by the
Authority;
h) any public agitation which prevents the operation of the Facility for a continuous period
exceeding 15 (Fifteen) days in an accounting year.

Page 80 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

i) Change in Law, only when provisions pertaining to the Clause on Change in Law cannot
be applied; expropriation or compulsory acquisition by any Government Agency of
Project site or rights of Service Provider.
j) any unlawful or unauthorized or without jurisdiction revocation of, or refusal to renew or
grant without valid cause any consent or approval required by the Service Provider.
k) any event or circumstances of a nature analogous to any events set forth above within
India.
l) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.

2.7.2. Procedure in case of Force Majeure Event


a) If a Party (Affected Party) claims relief on account of a Force Majeure Event, then the
Party claiming to be affected by the Force Majeure event shall, immediately on becoming
aware of the Force Majeure Event, give notice of and describe in detail:
i. the Force Majeure Event(s) that has occurred;
ii. the date of commencement, nature, and estimated duration of such event of
Force Majeure Event and
iii. the manner in which the Force Majeure event affects the Affected Party's
obligation(s) under this Agreement.
iv. the measures which the Affected Party has taken or proposes to take, to
alleviate the impact of the Force Majeure Event
v. any other relevant information.
b) Within a reasonable time following the date of such notice of such event of Force Majeure
Event, the Affected Party having invoked such Force Majeure Event as a cause for such
delay shall submit to the other Party sufficient proof of the nature of such delay or failure
and its anticipated effect upon the time for performance.
c) No Party shall be able to suspend or excuse the non-performance of its obligations
hereunder unless such Party has given notice specified above.

2.7.3. Excuse from performance of obligations by Party affected by Force Majeure.


a) If the Affected Party is rendered wholly or partially unable to perform its obligations
under this Agreement because of a Force Majeure Event, it shall be excused from
performance of such of its obligations, upon delivery of the notice of the occurrence of a
Force Majeure Event to the other Party to the extent it is unable to perform on account
of such Force Majeure Event provided that:
b) the Suspension of performance shall be of no greater scope and of no longer duration
than is reasonably required by the Force Majeure Event;

Page 81 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

c) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the
other Party arising out of or as a result of the existence or occurrence of such Force
Majeure Event and to cure the same with due diligence.
d) When the Affected Party is able to resume performance of its obligations under this
Agreement, it shall give to the other Party written notice to that effect and shall promptly
resume performance of its obligations hereunder.
(i) Where the Affected Party is the Service Provider and the Force Majeure Event has
the reduced the Service Provider incapable /unable to perform the Scope of work,
then in such an event the Payment for Services shall stand suspended until such time
as the Service Provider resumes activities in terms of the Service Provider
Agreement.
(ii) Authority shall not forfeit Service Provider’s Performance Security or charge
liquidated damages or terminate the Service Provider Agreement for default, if and
to the extent that delay in performance or failure to perform Service Provider’s
obligations under the Service Provider Agreement is the result of an event of Force
Majeure.
(iii) The Authority shall extend the Contract Period equivalent to the time Period for which
Force Majeure subsists.

2.7.4. No Breach of Agreement


The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a
breach of, or default under, this Agreement insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care, and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Agreement.

2.7.5. Measures to be taken

a) A Party affected by an event of Force Majeure shall take all reasonable measures to
remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay.
b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any event not later than 14 (fourteen) days following the
occurrence of such event, providing evidence of the nature and cause of such event, and
shall similarly give notice of the restoration of normal conditions as soon as possible.
c) The Parties shall take all reasonable measures to minimize the consequences of any event
of Force Majeure.
2.7.6. Extension of Time
Any period within which a Party shall, pursuant to this Agreement, complete any action or
task, shall be extended for a period equal to the time during which such Party was unable to
perform such action as a result of Force Majeure.

Page 82 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

2.7.7. Payments
During the period of its inability to perform the Services as a result of an event of Force
Majeure, the MSP shall be entitled to be reimbursed for payment due up to the Services
Delivered as per the payment terms specified in RFP Section VII.

2.7.8. Consultation
Not later than 30 (thirty) days after the MSP has, as the result of an event of Force Majeure,
become unable to perform a material portion of the Services, the Parties shall consult with
each other with a view to agreeing on appropriate measures to be taken in the circumstances.

2.7.9. Termination in case of Force Majeure Event


If Force Majeure event continues for more than 180 (one hundred and eighty) days then
either Party shall have the right to terminate this Agreement by giving a notice of 30 days in
respect thereof (“Termination Notice”) and the date of which Termination shall become
effective will be called the “Termination Date”.

2.7.10. Termination Payment in case of Force Majeure Event


In the event of Termination due to force Majeure.

(a) Authority shall return the Performance Security to the Managed Service Provider in full
after deduction of any due/ damages payable by the Managed Service Provider under this
Agreement.

(b) Authority shall not be liable to pay any termination payment to the Managed Service
Provider in respect of such termination, except the payment to be made for the services
delivered by the Service Provider and to which the Go Live Certificate has been issued to
Service Provider AND all O&M services rendered by the Service Provider. The authority
shall make payment pursuant to all services rendered after adjusting against any
payment/damages due and as the case may be.

(d) Service Provider shall hand over the Project to Authority with all required details.

2.7.11. Allocation of Cost in case of Force Majeure Event not leading to Termination
Upon occurrence of a Force Majeure Event and both the Parties shall be agreed to not to
Terminate the Agreement, then both the parties shall bear their respective costs arising out
of such event.

2.8. Suspension of Agreement


GMDC may, by written notice of suspension to the MSP, suspend all payments to the MSP
hereunder if the MSP shall be in breach of this Agreement or shall fail to perform any of its
obligations under this Agreement, including the carrying out of the Services; provided that
such notice of suspension (i) shall specify the nature of the breach or failure, and (ii) shall
provide an opportunity to the MSP to remedy such breach or failure within a period not
exceeding 15 (fifteen) days after receipt by the MSP of such notice of suspension.

Page 83 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

2.9. Termination of Agreement

2.9.1 Termination by Authority


GMDC may, by not less than 30 (thirty) days’ written notice of termination to the MSP, such
notice to be given after the occurrence of any of the events specified in this Clause 1,
terminate this Agreement if:

a) the MSP fails to remedy any breach hereof or any failure in the performance of its
obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8
hereinabove, within 30 (thirty) days of receipt of such notice of suspension or within
such further period as GMDC may have subsequently granted in writing;
b) the MSP repeatedly fails to remedy breach in its obligations specified in this RFP.
c) the MSP is in the material breach of its obligations, pursuant to this Agreement and
has not remedied the same within 30 (thirty) days (or such longer period as GMDC
may have subsequently granted in writing).
d) In the event of repeated non-deployment/ absence of manpower for unreasonable
time then it shall be considered MSP’s Event of Default. Non-remedy of such default
in a reasonable time given by the Authority shall lead to Termination.
e) the MSP becomes insolvent or bankrupt or enters into any agreement within its
creditors for relief of debt or take advantage of any law for the benefit of debtors or
goes into liquidation or receivership whether compulsory or voluntary.
f) the MSP fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause 12.2 hereof.

g) the MSP submits to GMDC a statement which has a material effect on the rights,
obligations, or interests of GMDC and which the MSP knows to be false.
h) any document, information, data, or statement submitted by the MSP in its Proposals,
based on which the MSP was considered eligible or successful, is found to be false,
incorrect or misleading.
i) as the result of Force Majeure, the MSP is unable to perform a material portion of the
Services for a period of not less than 60 (sixty) days; or
j) In the event of a total 10% of the damages for two consecutive quarters by MSP as
per the Section V, then GMDC has the right to forfeit the performance security and /
or terminate the contract thereof.

2.9.2 By MSP
The MSP may, by not less than 30 (thirty) days’ written notice to GMDC, such notice to be
given after the occurrence of any of the events specified in this Clause 2.9.2, terminate this
Agreement if:

a) GMDC fails to pay any money due to the MSP pursuant to this Agreement and not
subject to dispute pursuant to Clause 122 hereof within 45 (forty-five) days after
receiving written notice from the MSP that such payment is overdue;

Page 84 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

b) GMDC is in material breach of its obligations pursuant to this Agreement and has not
remedied the same within 30 (thirty) days (or such longer period as the MSP may have
subsequently granted in writing) following the receipt by GMDC of the MSP’s notice
specifying such breach;
c) as the result of Force Majeure, the MSP is unable to perform a material portion of the
Services for a period of not less than 60 (sixty) days; or
d) GMDC fails to comply with any final decision reached as a result of arbitration
pursuant to Clause 12.2 hereof.

2.9.3 Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or upon expiration
of this Agreement pursuant to Clause 2.4 hereof, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may have accrued on the date
of termination or expiration, or which expressly survives such Termination; (ii) the obligation
of confidentiality set forth in Clause 3.5 hereof; (iii) the MSP’s obligation to permit inspection,
copying and auditing of such of its accounts and records set forth in Clause 3.7, as relate to
the MSP’s Services provided under this Agreement, and (iv) any right or remedy which a Party
may have under this Agreement or the Applicable Laws.

2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the other pursuant to Clauses
1 or 2.9.2 hereof, the MSP shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Services to a close in a prompt and orderly manner and shall
make every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the MSP and materials furnished by GMDC, the MSP shall
proceed as provided respectively by Clauses 3.10 or 3.11 hereof.

2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof, GMDC shall
make the payments to the MSP as per provision set forth in RFP Section VII hereof for Services
performed prior to the date of termination. Provided that in case of incomplete milestone
during such Termination, the payment for such incomplete milestone shall be made on pro
rata basis.

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in Clauses 1 or 2.9.2 hereof has occurred,
such Party may, within 30 (thirty) days after receipt of notice of termination from the other
Party, refer the matter to arbitration pursuant to Clause 12.2 hereof, and this Agreement
shall not be terminated on account of such event except in accordance with the terms of any
resulting arbitral award.

Page 85 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

3. OBLIGATIONS OF THE MSP


3.1. General

3.1.1 Standard of Performance

The MSPs shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency, and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment, machinery, materials
and methods. The MSPs shall always act, in respect of any matter relating to this Contract or
to the Services, as faithful advisers to GMDC, and shall at all times support and safeguard
GMDC's legitimate interests in any dealings with Sub-MSPs or Third Parties.

3.1.2 Terms of Reference

The scope of Services to be performed by the MSP is specified in the Terms of Reference (the
“TOR”) at RFP SECTION III. The MSP shall provide the Deliverables specified therein in
conformity with the time schedule stated therein as per Section IV of this RFP document.

3.1.3 Applicable Laws

The MSP shall perform the Services in accordance with the Applicable Laws and shall take all
practicable steps to ensure that any Sub-MSP, as well as the Personnel and agents of the MSP
and any Sub-MSP, comply with the Applicable Laws.

3.2. Conflict of Interest

The MSP shall not have a Conflict of Interest and any breach hereof shall constitute a breach
of the Agreement.

3.3.1 MSPs not to Benefit from Commission, Discounts etc.

The remuneration of the MSPs pursuant to Payment Terms specified in RFP SECTION VII
hereof shall constitute the MSP's sole remuneration in connection with this Contract or the
Services and, the MSPs shall not accept for their own benefit any trade commission, discount
or similar payment in connection with activities pursuant to this Contract or to the Services
or in the discharge of their obligations hereunder, and the MSPs shall use their best efforts
to ensure that any Sub-MSPs, as well as Personnel and agents of either of them, similarly shall
not receive any such additional remuneration.

3.3.2 MSPs and Affiliates not to engage in Certain Activities

The MSP shall hold the GMDC’s interest paramount, without any consideration for future
work, and strictly avoid conflict with other assignments or their corporate interests.

The clause shall not prohibit the MSP to serve competing clients and clients with potentially
conflicting interests as well as counterparties in merger, acquisition and alliance

Page 86 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

opportunities. However, in such cases the MSP agrees to a professional responsibility to


maintain the confidentiality of Client information.

3.3. Confidentiality
The MSPs agree that themselves, their Sub-MSPs and the Personnel of either of them shall
not, either during the term or after the expiration of this Contract, disclose any proprietary
or confidential information relating to the Project, the Services, this Contract or GMDC's
business or operations without the prior written consent of GMDC, provided however that
this clause shall not apply to any information (a) which already forms part of the public
domain; or (b) which is received from a third party; or (c) which is independently developed;
or (d) which is required to be submitted to any regulatory, statutory or governmental
authority.

3.4. Whitelist of IP address


The MSP shall maintain and provide a list of specific IP addresses or IP address ranges (the
"Whitelist") that are authorized to access or interact with authority’s systems, networks,
services, or data (collectively referred to as "Services"). MSP shall throughout the contract
period acknowledge that only IP addresses explicitly listed in the Whitelist shall be permitted
access to the Services. Any IP address not listed in the Whitelist shall be denied access.

a) MSP shall comply with all the applicable laws, regulations, and industry standards related
to the use of the Whitelist, including but not limited to data security, privacy, and
confidentiality requirements.
b) MSP shall take all necessary measures to ensure the security and integrity of the
authorized IP addresses listed in the Whitelist and shall promptly notify Company of any
unauthorized access or suspected breaches.
c) Authority reserves the right to update or modify the Whitelist at its discretion, with
reasonable notice to MSP. MSP shall promptly implement any necessary changes to
remain in compliance with the updated Whitelist.
d) MSP shall also acknowledge that any attempt to access the Services using IP addresses
not listed in the Whitelist constitutes a material breach of this Contract Condition and
may result in immediate termination of the Agreement, legal action, or other remedies as
specified in the Agreement Clause 2.8 or 2.9.
e) MSP to agree for treating the Whitelist and related information as confidential and
proprietary to GMDC, and shall not disclose or share this information with any third
parties without prior written consent from GMDC.

3.5. Liability of the MSP


a) The MSP’s liability under this Agreement shall be determined by the Applicable Laws and
the provisions hereof.

Page 87 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

b) The MSP shall, subject to the limitation specified in Clause 3.3, be liable to GMDC for any
direct loss or damage accrued or likely to accrue due to deficiency in Services rendered
by it.
c) Notwithstanding anything to the contrary, the aggregate maximum liability of the MSP
under this Contract shall not exceed the fees received by the MSP under this Contract
(including all types of liabilities).
d) The Services in this assignment shall not be deemed investment, legal, regulatory, tax,
accounting, or other regulated advice. MSP does not supplant the Client’s management
or other decision-making bodies. While the MSP does not guarantee results, it agrees to
make the best efforts to achieve the same. GMDC remains solely responsible for its
decisions, actions, use of the Deliverables and compliance with applicable laws, rules, and
regulations. Neither party shall be responsible for any lost profits. Beyond the limits of
liability set in the Agreement, neither party will be liable for any indirect, consequential,
incidental, punitive or special damage.
3.6. Accounting, Inspection and Auditing
(i) The MSPs shall keep accurate and systematic accounts and records of the work
performed by it under the Contract including details of all invoices raised and payments
received and shall make the same available to GMDC as and when requested by GMDC.

(ii) Any such inspection shall be subject to prior notice and conducted within reasonable
office hours and limited to working papers and files relating to the assignment. Nothing
herein shall obligate the MSP to disclose to Authority any documents or other material
relating to the profitability or internal profit and loss/balance sheets associated with
MSP’s business, payroll information, or information or material that constitute, in the
opinion of MSP’s legal counsel, legally privileged documents or information that MSP is
bound to maintain as confidential by written obligation to a third party.

3.7. MSPs' Actions requiring Authority's prior Approval.


The MSPs shall obtain GMDC's prior approval in writing before taking any of the following
actions:

(i) appointing such members of the Personnel as specified in Scope of Services not
proposed as part of its Proposal;
(ii) entering into a subcontract for the performance of the Services as per provision of RFP.
(iii) any other action that may be specified by GMDC during the course of this Contract.

3.8. Reporting Obligations


The MSPs shall submit to GMDC the reports and documents specified in TOR specified in RFP
SECTION III, within the time periods set forth in the said Clause.

3.9. Documents Prepared by the MSPs to be the Property of GMDC


(i) All plans, drawings, specifications, designs, documents, reports, frameworks, software,

Page 88 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

databases, content and any other documents prepared by the MSPs solely in performing
the Services under this Contract shall become and remain the property of GMDC, and the
MSPs shall, not later than upon termination or expiration of this Contract, deliver all such
documents to GMDC, together with a detailed inventory thereof.

(ii) Any pre-existing Intellectual Property Right (IPR) developed by the MSP independent of
the Contract, including know-how, questionnaires, assessments, modules, courses,
frameworks, software, algorithms, databases, content, models, industry perspectives,
designs, etc. (“MSP Tools”)”, for which the MSP at the time of signing of this Agreement
has a legal right, or otherwise, if it does not have a legal right, which would meet the
commonly used tests and criteria for IPR identification will be and remain owned by the
MSP including any and all derivative works, modifications or enhancements of the same
made before, during, and after the Contract. To the extent the Deliverables under this
Contract include any MSP Tools, the MSP hereby grants GMDC a non-exclusive, non-
transferable, non-sub licensable, worldwide, royalty-free license to use and copy the MSP
Tools solely as part of the deliverables. GMDC agrees that, without MSP's prior written
permission, it will not, or permit any third party to (a) access, copy or reverse engineer
any MSP Tool or Deliverable, or (b) remove or circumvent security or technological
safeguards, including notices, digital protection mechanisms, metadata, watermarks, or
disclaimers provided with any MSP Tool or Deliverable,

3.10. Equipment and Materials Furnished by GMDC


Equipment and materials made available to the MSPs by GMDC, or purchased by the MSPs
with funds provided by GMDC, shall be the property of GMDC and shall be marked
accordingly. Upon termination or expiration of this Contract, the MSPs shall make available
to GMDC an inventory of such equipment and materials and shall dispose of such equipment
and materials in accordance with GMDC's instructions. While in possession of such
equipment and materials, the MSPs, unless otherwise instructed by GMDC in writing, shall
insure them at the expense of GMDC in an amount equal to their full replacement value.

3.11. Accuracy of Documents


(i) The MSP shall be responsible for accuracy of the documents drafted and/ or vetted and
data collected by it directly or procured from other agencies/authorities, estimates and
all other details prepared by it as part of these services. Subject to the provisions of
Clause 3.6, it shall indemnify GMDC against any inaccuracy in its work which might
surface during implementation of the Project, if such inaccuracy is the result of any
negligence or inadequate due diligence on part of the MSP or
arises out of its failure to conform to good industry practice. The MSP shall also be
responsible for promptly correcting, at its own cost and risk, the documents including
any re-survey / investigations.
(ii) Notwithstanding anything, the MSP will have no obligation to independently verify
information provided by GMDC or their service providers.
(iii) Authority acknowledges and agrees that MSP shall not provide professional legal,
accounting, or tax advice.

Page 89 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

3.12. Insurance to be taken out by the MSP


(i) The MSP shall procure and maintain, at its own cost, Professional Liability Insurance or
other appropriate insurance required as per the Good Industry Practice or MSP’s own
standard practices during the Contract Period insurance (the “Insurance”). At the
Authority’s request, the MSP shall provide evidences of insurance covers or a certificate
of all insurances maintained on request of Authority.
(ii) The MSP shall indemnify the Authority for any liability pertaining to loss of any life,
health, accidents, travel, and any other losses to its personnel including sub
MSP/specialist deployed by the MSP to perform scope of work specified under this
Contract.
(iii) The Authority undertakes no responsibility in respect of any life, health, accident, travel,
and other insurance which may be necessary or desirable for the Personnel of the MSP
or its sub-contractors / sub MSPs / specialists associated with the MSPs for the purposes
of the Services, nor for any member of any such person.
(iv) The Service Provider shall raise regular invoices for payment of Service Charges as
specified in Section VII of the RFP document and submit it to Authority.

4 MSP’S PERSONNEL

4.1. General
The MSP shall employ and provide such qualified and experienced Personnel as specified in
Section VI clause 0 (i.e. Technical score criteria ) of this RFP and as may be required to carry
out the Services.

4.2. Deployment of Personnel


(i) The designations, names and other particulars of each of the MSP’s Key Personnel
required in carrying out the Services are described in Technical Marking System of this
RFP which is listed in Section 5.2 of the Section VI of RFP document.
(ii) The Key Personnel listed as per the Agreement are hereby approved by GMDC.
(iii) If the MSP hereafter proposes to engage any person as Professional Personnel, it shall
submit to GMDC the details for the same and shall be provided at no extra cost to GMDC.
(iv) MSP shall deploy two separate teams onsite at GMDC premises for (i) O&M of existing
on-Premises DC and (ii) Cloud Migration as per the scope specified in Part 3.
(v) The MSP shall deploy minimum two personnel onsite at GMDC office during the O&M
Period as per GMDC’s working schedule consisting of Database Administrator (DBA) and
Coordinator for being the single point of contact between the offsite team (working for
this project) and Authority for this project activities related work.

4.3. Substitution of Personnel


GMDC expects all the Key Personnel as specified in the Proposal for O&M services of on-
premises DC and O&M of cloud services as per the defined scope to be deployed. GMDC will
not consider any substitution of Key Personnel except under compelling circumstances
beyond the control of the MSP. Such a substitution shall be subject to equally or better
qualified and experienced personnel being provided to the satisfaction of GMDC.

Page 90 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

4.4. Working hours, Overtime, Leave etc.


The working hours and leaves of the deployed Personnel will be as per the MSP policy
provided the MSP shall support GMDC as and when required during the contract period and
maintain SLAs as specified in this Agreement. Any leave taken by any Personnel for a period
exceeding 7 days shall be subject to the prior approval of GMDC, and the MSP shall ensure
that any absence on leave will not delay the progress and quality of the Services.

4.5. Staffing

a) The person designated as the defined RFP roles of the MSP’s Personnel as specified in
Technical score criteria shall be responsible for the coordinated, timely and efficient
functioning of the Personnel.

b) The team will be deployed full time for the project during the Contract Period.
4.6. Sub-MSPs
Sub-contracting of entire ToR is not permitted. However, for any specific technical matter
requiring advice/inputs from experts or specific agencies, the MSP may engage sub
consultants under intimation/ or approval from Authority. Sub-contracting does not absolve
the MSP from its obligations provided in this Agreement.

5 OBLIGATIONS OF GMDC

5.1. Payment
In consideration of the Services performed by the MSP under this Agreement, GMDC shall
make to the MSP such payments and in such manner as is provided in Clause 6 of Section VIII
of this Agreement.

5.2. Documents and Other Support


GMDC will provide all necessary information/documents/data upon signing of Non-
Disclosure Agreement (NDA).

6 PAYMENT TO THE MANAGED SERVICE PROVIDER (MSP)


Authority shall make payment to MSP as per the terms specified in SECTION VII of RFP.

7 EVENT OF DEFAULT
7.1. MSP Event of Default
Following events shall constitute an Event of Default by Managed Service Provider (the
“Service Provider’s Event of Default”) unless such event has occurred as a result of a Force
Majeure Event:

a) If Managed Service Provider fails to undertake the services associated to Oracle EBS Cloud
Migration and Operations and Maintenance services post migration within the timeline
as mentioned in the RFP, without valid response or any reasons attributed to breach on

Page 91 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

part of Authority.

b) If the Service Provider fails to furnish Performance Security as per the terms of the
agreement.

c) Any representation made given by the Service Provider under this Agreement is found to
be false or misleading

d) If Service Provider fails to carry out required security measures of the migration Project
as per the provisions of contract

e) If service provider fails to migrate on Cloud infrastructure beyond the additional


reasonable time granted by GMDC .

f) In the event of repetitive occurrence of offences with respect to breach of any of the
Service Levels and Maintenance Terms and its obligations specified in this Agreement and
which has Material Adverse Effect on Authority or migration Project

g) The MSP is in Material Breach of this Agreement or has by an act of commission created
circumstances that have a Material Adverse Effect on the performance of its obligations
and has failed to cure the same within 60 days of notice thereof by the Authority.

h) In case of pre-decided Liquidated Damages or Damages due to breach in Service Levels


together exceeds the 10% of Contract Price.

i) If the Service Provider fails to submit documentation and user manuals and fails to
undertake required training as specified in RFP.
j) Service Provider suspends or abandons the operations and/ or implementation of
migration project without the prior consent of Authority, provided that the Service
Provider shall be deemed not to have suspended/ abandoned operation if such
suspension/ abandonment was (i) as a result of Force Majeure Event and is only for the
period such Force Majeure is continuing, or (ii) is on account of a breach of its obligations
under this Agreement by Authority or (iii) suspension on account of failure of component
and systems provided by other suppliers.

k) Service Provider repudiates this Agreement or otherwise evidences an intention not to


be bound by this Agreement.
l) If Service Provider fails to protect the security of Cloud DC systems/Project and database.

m) If Service Provider or any of its staff members are found to be involved in fraudulent and
corrupt practices specified in Section VI Clause 8 of RFP.
n) If Services Provider fails to perform its scope, responsibilities and obligations specified in
this Agreement repetitively and such breaches not cured/rectified in Remedial Period
granted by the Authority.

Page 92 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

7.2. Authority Event of Default


Following events shall constitute an Event of Default by Authority (the “Authority Event of
Default”) unless such event has occurred as a result of a Force Majeure Event

a) The authority repeatedly fails to make any payments due to the Service Provider as per
Section VII of the RFP within period specified in this Agreement without any valid reason.

b) The Authority repudiates this Agreement or otherwise evidences an intention not to be


bound by this Agreement.

c) Authority or any Governmental Agency is in Material Breach of this Agreement or has by


an act of commission created circumstances that have a Material Adverse Effect on the
performance of its obligations by the MSP and has failed to cure the same within 60 days
of notice thereof by the MSP.

d) Any representation made or warranties given by the Authority under this Agreement is
found to be false or misleading.

e) If the Authority fails to perform repetitively any other responsibilities and obligation(s)
specified in this Agreement.

7.3. Termination due to Event of Default

(a) Without prejudice to any other right or remedies which the Authority may have under
this Contract, upon occurrence of Service Provider Event of Default, the Authority shall
be entitled to terminate this Contract by issuing a Termination Notice to the Service
Provider; provided that before issuing the Termination Notice, the Authority shall by a
notice inform the Service Provider of \its intention to issue such Termination Notice and
grant 30 (thirty) days or reasonable period to the Service Provider to remedy the default
(“Remedial Period/Cure Period”) and/or make representations, and may after the expiry
of such Remedial Period on non-remedy of breach/default at the satisfaction of the
Authority within the Remedial Period , whether or not it is in receipt of such
representation, or repeated failure to remedy the default/breach , the Authority issue
Termination Notice providing 15 days’ time stating the intention of the termination (the
“Termination Notice”) and then terminate the Contract.

(b) In the event of termination due to the MSP Event of Default, Authority shall have the right
to;
i.Invoke/encash and retain the Performance Guarantee amount in full.
ii.Take over the Project
iii.The authority shall have the right to appoint another MSP and transfer the entire Project
components or part of the Project components to any replacement MSP selected by
the Authority in its sole discretion.
iv.The authority shall not be liable to pay any termination payment to the MSP in respect of
such termination.

Page 93 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(c) Without prejudice to any other right or remedies which the MSP may have under this
Contract, upon occurrence of Authority Provider Event of Default, the Service Provider
shall be entitled to terminate this Contract by issuing a Termination Notice to the
Authority; provided that before issuing the Termination Notice, the Authority shall by a
notice inform the Authority of its intention to issue such Termination Notice and grant
30 (thirty) days or reasonable period to the Authority to remedy the default (“Remedial
Period”) and/or make representations, and may after the expiry of such Remedial Period
on non-remedy of breach/default at the satisfaction of the Service Provider , whether or
not it is in receipt of such representation, or repeated failure to remedy the
default/breach , the Service Provider issue Termination Notice providing 15 days’ time
stating the intention of the termination (the “Termination Notice”) and then terminate
the Contract.

(d) In the event of termination due to Authority Event of Default,


i.The authority shall return the Performance Security to the MSP in full after deduction of
any due payable by the MSP under this Agreement.
ii.The Service Provider shall handover the Project
iii.The authority shall make payment pursuant to all services rendered to Service Provider
after adjusting against any payment /damages due.

7.4. Termination for Insolvency, Dissolution etc.

(a) Authority may at any time terminate the Agreement by giving written notice to Service
Provider without any compensation to Service Provider, if Service Provider becomes
bankrupt or otherwise insolvent or in case of dissolution of firm or winding up of the
company, provided that such termination will not prejudice any other rights of the
Authority.

(b) Notwithstanding the generality of the foregoing, On occurrence of Termination due to


Service Provider’s insolvency, dissolution the Authority shall have rights as specified in
above clause 7.3 (b).

8 LIQUIDATED DAMAGES

8.1. Performance Security

(a) For securing the due and faithful performance of the obligations of the MSP under this
agreement, during the Agreement Period, the MSP , has in terms of the RFP and letter of
award furnished to GMDC the required Performance Security dated _____of amount
_____ drawn in favour of “___________ ” from ____Bank in the form of Bank
Guarantee/DD and valid till ___ and admissible and payable at Ahmedabad branch , the
receipt & veracity of which, is hereby acknowledged by GMDC (the “Performance
Security”).

(b) The MSP shall maintain a valid and binding Performance Security for a period of three
months after the expiry of the Contract Period (“Validity Period”). The MSP shall ensure

Page 94 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

that the Performance Security shall subsist in full force and effect in terms hereof,
throughout the Contract Period and thereafter until expiry of three months from end of
Contract Period. In case Contract Period is extended then the MSP shall have to renew
Performance Security for a period of extended Contract Period.
(c) GMDC shall be entitled to forfeit and appropriate the amount of the Performance Security
in whole or in part:
i.In the event GMDC requires to recover any sum due and payable to it by the MSP
including but not limited to Damages; and which the MSP has failed to pay in relation
thereof; and
ii.In the event of the MSP’s breach and if such breach is not cured with the remedial period
as per the terms of the Agreement.
iii.If the MSP fails to purchase, renew and maintain in full force and effect, any or all of the
insurances required under the Contract as per provisions of this Agreement.
iv.Upon such encashment and appropriation from the Performance Security, the MSP shall,
within 15 (fifteen) days replenish, in case of partial appropriation, to its original level
the Performance Security and in case of appropriation of entire Performance Security
to provide a fresh Performance Security and the MSP shall, within the time so granted
replenish or furnish to GMDC a fresh Performance Security as aforesaid, failing which
the same shall
constitute a MSP’s breach and entitle Authority to terminate this Contract in terms
hereof.
v.On the performance and completion of the Contract by expiry of its term in all respects
the Performance Security shall be returned to the MSP without any interest, provided
the MSP is not in default of the terms hereof and there are no outstanding dues of
GMDC with the MSP.

8.2. Liquidated Damages

8.2.1 Liquidated Damages for error/variation


In case any error or variation is detected in the reports submitted by the MSP and such error
or variation is the result of negligence or lack of due diligence on the part of the MSP, the
consequential damages thereof shall be quantified by GMDC in a reasonable manner and
recovered from the MSP by way of deemed liquidated damages, subject to a maximum of the
10% of Agreement Value/Contract Price/MSP’s Fees for the Project.

8.2.2 Liquidated Damages for delay


In case of delay solely attributable to the MSP in completion of milestone as specified in TOR,
the liquidated damages equivalent to 0.05% of milestone value for per day of delay shall
become applicable. In any case, the applicable Liquidated Damages shall not exceed 10% of
the Contract Value / Agreement value. Such Liquidated Damages shall be recovered by
appropriation from the Performance Security or otherwise from invoice. However, in case of
delay due to reasons beyond the control of the MSP, suitable extension of time shall be
granted and Liquidated Damages shall not become applicable.

Page 95 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

8.2.3 Encashment and appropriation of Performance Security


GMDC shall have the right to invoke and appropriate the proceeds of the Performance
Security, in whole or in part, without notice to the MSP in the event of breach of this
Agreement or for recovery of liquidated damages specified in this Clause 8.2.

8.3. Penalty for Deficiency in Services


In addition to the liquidated damages not amounting to penalty, as specified in Clause 8.2,
warning may be issued to the MSP for minor deficiencies on its part. In the case of significant
deficiencies in Services causing adverse effect on the Project or on the reputation of GMDC
and such deficiencies not cured within the reasonable cure period granted by the Authority
then Authority may initiate penal actions as permitted under law

9 SECURITY OF INFORMATION GENERATED FROM PROJECT


The Service Provider shall take all necessary steps to ensure security, safety, confidentiality
and integrity of data and keep Authority informed of all such steps taken from time to time.

9.1. Reliability of Information


The Service Provider undertakes to guarantee the authenticity of information submitted to
Authority as a part of MIS Report any other information demanded by Authority during the
Contract period.

9.2. Integrity of Information


The system shall have routine checks for the verification of integrity of information. Errors
detected will be automatically corrected, in order to prevent propagation of invalid data
across the database. If there is interruption in communication, the part of the system affected
shall be repaired immediately and record the error.

9.3. Security and Encryption of Information Stored and other database


a) The Service Provider shall take all other necessary measures to protect the database
generated from the Project.
b) The Service Provider shall take all necessary steps to ensure security, safety,
confidentiality and integrity of Database and shall not share or transfer any information
from the Database to any person except with prior written consent of Authority.
c) The Service Provider shall ensure that appropriate firewall is implemented to protect the
Database and Project component from external access and outside connections.

10 OWNERSHIP OF PROJECT
a) In cases where the customized software is developed and installed exclusively for the
Authority, the ownership of all such shall rest exclusively with Authority upon delivery
and installation.
b) The Software Licenses and Licenses for other proprietary, all third-party software license
other then what GMDC has provided to fulfill the scope shall be transferred to the

Page 96 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Authority upon delivery and installation. All such Software Licenses shall be taken in the
name of Authority if taken by MSP.
c) The License Period of proprietary software of the Service provider or all third-party
software procured for the purpose of the Project shall be similar to the Contract Period.
d) Authority shall remain sole owner of the Database designed, developed and maintained
by Service Provider all times during the Contract period. Authority shall own any and all
data created out of the Project at all the times, i.e. both during and after the expiry /
termination of the Service Provider Agreement. Service Provider shall not have any claim
on and for such data and shall not for any reason withhold such data from Authority.
e) Service Provider shall exercise all due caution to protect and maintain the data created
out of Project.
f) Service Provider shall not share, sell or in any manner use the data created by Service
Provider out of this Project otherwise than in accordance with the terms of the Service
Provider Agreement.

11 FARENESS AND GOOD FAITH


11.1. Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this
Agreement and to adopt all reasonable measures to ensure the realization of the objectives
of this Agreement.

11.2. Operation of Agreement


The Parties recognize that it is impractical in this Agreement to provide for every contingency
which may arise during the life of the Agreement, and the Parties hereby agree that it is their
intention that this Agreement shall operate fairly as between them, and without detriment
to the interest of either of them, and that, if during the term of this Agreement either Party
believes that this Agreement is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such unfairness,
but failure to agree on any action pursuant to this Clause shall not give rise to a dispute
subject to arbitration in accordance with Clause 122 hereof.

12 DISPUTE RESOLUTION

12.1. Amicable Solution

(a) Save where expressly stated otherwise in this Agreement, any dispute, difference or
controversy of whatever nature howsoever arising under, out of or in relation to the
Agreement including incompletion of the Services/ TOR /Payment between the Parties
and so notified in writing by either Party to the other (the "Dispute") in the first
instance shall be attempted to be resolved amicably by GMDC and MSP in accordance
with the procedure set forth in sub-article (b) below.
(b) Either Party may require the Dispute to be referred to committee of two senior
executives of each Authority and the MSP, for the time being for amicable settlement.

Page 97 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Upon such reference, the committee shall meet at the earliest mutual convenience
and in any event within 15 days of such reference to discuss and attempt to amicably
resolve the Dispute. If the Dispute is not amicably settled within 15 (fifteen) days of
such meeting between the two, either Party may refer the Dispute to an independent
Dispute Review Expert (also referred to as adjudicator) who may be an impartial
person of experience in legal / dispute matters and both parties mutually select
Dispute Review Expert
(c) Dispute Review Expert shall give a decision in writing within 28 days of receipt of
Notification of the Dispute. Reimbursable expense pertaining to Dispute Review Expert
shall be divided equally between GMDC and the MSP. Either Party may refer a decision
of the Dispute Review Expert to the Arbitrators within 28 days of Dispute Review
Experts written Decision as per the agreement. If neither party refers the dispute to
the Arbitration within the next 28 days, the decision of Dispute Review Expert will be
final and binding.

12.2. Arbitration
(a) Arbitrators
Any Dispute/questions/differences whatsoever, which may at any time arises between the
parties to this RFP and subsequent contract in connection with the RFP and subsequent
contract or any matter arising out of or in relation thereto and which is not resolved amicably
as provided shall be finally settled by binding Arbitration under the Arbitration and
Conciliation Act, 1996. The Dispute shall be referred for the fast-track Arbitration to sole
Arbitrator as per the provisions of Arbitration and Conciliation Act, 1996 and subsequent
amendment thereto (clause 29B of said act).

(b) Place of Arbitration


The place of arbitration shall be Ahmedabad. The Language of the Arbitration shall be in
English only.

(c) Procedure
The procedure to be followed within the arbitration, including appointment of arbitrator /
arbitral tribunal, the rules of evidence which are to apply shall be in accordance with the
Arbitration and Conciliation Act, 1996.

(d) Enforcement of Award


Any decision or award resulting from arbitration shall be final and binding upon the Parties.
The Parties hereto hereby waive, to the extent permitted by law, any right to appeal or to
review of such award by any court or tribunal. The Parties hereto agree that the arbitral award
may be enforced against the Parties to the arbitration proceeding or their assets wherever
they may be found and that a judgment upon the arbitral award may be entered in any court
having jurisdiction in Ahmedabad only.

(e) Fees and Expenses

Page 98 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

The fees and expenses of the arbitrators and all other expenses of the arbitration shall be
initially borne and paid by respective Parties subject to determination by the arbitrators. The
arbitrators may provide in the arbitral award for the reimbursement to the prevailing party
of its costs and expenses in bringing or defending the arbitration claim, including legal fees
and expenses incurred by Party.

12.3. Performance during Dispute Resolution


Pending the submission of and/or decision on a Dispute, difference or claim or until the
amicable solution or arbitral award is published; the Parties shall continue to perform all of
their obligations under this Agreement without prejudice to a final adjustment in accordance
with such solution or award.

13 PROJECT HANDOVER

13.1. Handing Over of Project


Upon expiry of the Agreement by efflux of time and in the normal course or prior termination
of this Agreement due to Event of Default or dissolution or insolvency or Force Majeure , the
Service Provider shall at the end of the Agreement Period or prior termination of this
Agreement, as the case may be, hand over free from Encumbrances the peaceful possession
of the assets including all Customized Software , Standard Software , database and all third
party software licenses procured during the subsistence of this Agreement at no cost to
Authority except in case of Termination due to Authority Event of Default or Force Majeure
where in Authority shall make payments as specified in clause 8.3 or 2.7.10 of this agreement
as the case may be.

13.2. Inspection and Removal of Bugs and Deficiency


a) The handing over process shall be initiated at least 3 months before the actual date of
expiry of the Agreement Period in normal course or during the Notice Period in case of
early termination by a joint inspection by the Authority and the Service Provider.
b) The objective of this stage will be to conduct full tests of the functionality of each piece
of Project as a whole, progressively, in order to identify faults, isolate them and rectify
them in the most efficient manner in terms of cost and time before handing over to
Authority.
c) The Service Provider shall be entitled to remove promptly any bugs or defects observed
during the Tests in the Project Components. Such bugs and deficiencies shall be removed
and cured respectively in a time period commensurate with type of bugs and defects.
13.3. Recovery of Balance due of Authority from Service Provider
The dues payable to Authority by the Service Provider on any account, if any, at the end of
the Agreement shall be recovered by the Authority from the Performance Guarantee.

Page 99 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

SECTION VIIII: ANNEXURES


Annexure 1: Letter of Bid Submission
{On Bidder’s letterhead}

Dated:
To,
General Manager IT,
Gujarat Mineral Development Corporation Ltd
Khanij Bhavan,
132-Ring Road, Gujarat University Ground, Vastrapur,
Ahmedabad- 380052.

Subject: Submission of Bid in response to RFP for Selection of Managed Service Provider for
services associated to Oracle EBS Cloud Migration and Operations & Maintenance Services
Post Migration

Dear Sir/Madam:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment]
in accordance with your Request for Proposal dated [Insert Date] and our Bid. We are hereby
submitting our Bid, which includes this Technical Bid, and a Price Bid as follows.
A. Physical submission of
(i) Technical Bid- Pre-Qualification and Qualification documents and
(ii) RFP Fee and EMD as per the requirement of the RFP
B. Online submission of Price Bid: Price Quote per the provisions of RFP.
We are submitting our Bid in individual capacity. We hereby declare that all the information
and statements made in this Proposal are true and accept that any misinterpretation
contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Bid, i.e., before the date indicated
in RFP, we undertake to negotiate on the basis of the proposed personnel. Our Bid/Proposal
is binding upon us and subject to the modifications resulting from Contract negotiations.
We undertake, if our Bid is accepted, to initiate the consulting services related to the
assignment not later than the period specified in the RFP.

We understand you are not bound to accept any Proposal you receive.
We remain,

Page 100 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:

Page 101 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 2: Bidder’s Organization details


A - Bidder’s Organization
[Provide here a brief description of the background and organization of your firm/entity. The
brief description should include ownership details, date and place of incorporation of the
firm, objectives of the firm etc. The Bidder shall be a legal entity registered in India under the
relevant legislation. In order to meet above requirements, the Bidder may submit any of the
following documentary evidence as applicable. Certificate of registration in India along with
RBI approval certificate, GSTIN certificate, PAN details OR Partnership deed, GSTIN
registration, PAN details OR Incorporation certificate, MOA, AOA, GSTIN Registration, PAN
details ]

B - Bidder’s Experience
[Using the format below, provide information on each Assignment/job for which your firm,
was legally contracted either individually as a corporate entity or as one of the major partners
within an association, for carrying out Assignment/job similar to the ones specified in
Technical Marking system set forth in the RFP (If possible, the Bidder shall specify exact
assignment / job for which experience details may be submitted)]
Name of Employer:
Details of Public Sector/Pvt sector Employer
Address:
Country:
Location within country:
Assignment/job name
Description of Project/Assignment
Approx. value of the contract (in Rupees):
Duration of Assignment/job (months):
Total No of staff-months of the
Assignment/job:
Start date (month/year):
Completion date (month/year):
Name of associated team, if any:
Name of senior professional staff of your
firm involved and functions performed
Description of actual Assignment/job
provided by your staff within the
Assignment/job:
Note: Relevant portion of Work Order/contract/Client completion certificate/ CA certificate
evidencing the Project Experience to be submitted.

Page 102 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 3: Auditor’s Certificate for Turnover for bidder


{On Statutory Auditor’s/ Registered Chartered Accountant’s letterhead}

I hereby declare that I have scrutinized and audited the financial statement of
M/s_________________. Following is the audited, for the last three years.

Turnover from assignments


Years*
(Rs. Crore)
2019-20
2020-21
2021-22
2022-23
Average

* Latest available annual audited statements.

__________________

(Signed and Sealed by the statutory auditor/Registered Chartered Accountant)

Page 103 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 4: Declaration for Non-Blacklisting


<<To be printed on 300 Rs. Stamp paper and signed by Authorized signatory>>

Date: dd/mm/yyyy

To,
General Manager - IT,
Gujarat Mineral Development Corporation Ltd
Khanij Bhavan, 132-Ring Road,
Gujarat University Ground, Vastrapur,
Ahmedabad- 380052.

Sir/Madam,

I/we here by solemnly declare that,


1. The bidder or its directors have not been blacklisted, debarred, banned or put on holiday
list for a period of 3 years prior to the submission of its bid (i.e. on the last date of
submission of the bid).
2. We have not put any condition in our offer with respect to RFP No.______,
3. We have accepted all the terms and conditions, including Annexure, Corrigendum if any,
as specified in the RFP Document No. ____________ unconditionally.
I/we hereby further declare that, if the declaration is found untrue, the GMDC shall be
entitled to take any action against us severally and/or individually or our Bidder/GMDC in
this regard in any manner that may be deemed fit by GMDC.

Yours faithfully,

_________________________
Signature and Stamp of the Bidder

Page 104 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 5: Earnest Money Deposit ad RFP processing Fee details

Sr. Amount (In Name of the Bank & Demand Draft


Item
No. Rs.) Branch No.

2 RFP Processing Fee

Earnest Money Deposit


1
(E.M.D.)

Page 105 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 6: Performance Bank Guarantee Format


(To be stamped in accordance with Stamp Act)

Ref: Bank Guarantee No.

Date:

To,
The General Manager- IT
Gujarat Mineral Development Corporation
Khanij Bhavan
132 ft Ring Road, Ahmedabad

Dear Sir,
1.WHEREAS............................. (Name of Managed Service Provider (MSP)) hereinafter called
"the MSP" has undertaken, in pursuance of Agreement dated, (here in after referred to as
"the Agreement Selection of Managed Service Provider (MSP) to carryout services associated
to Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration AND
OPERATIONS AND MAINTENANCE SERVICES POST MIGRATION. AND WHEREAS it has been
stipulated in the said Agreement that the MSP shall furnish a Bank Guarantee ("the
Guarantee") from a scheduled bank for the sum specified therein as security for
implementing PROJECT.

2. WHEREAS we __________ ("the Bank", which expression shall be deemed to include it


successors and permitted assigns) have agreed to give the GMDC the Guarantee:
THEREFORE, the Bank hereby agrees and affirms as follows:

The Bank hereby irrevocably and unconditionally guarantees the payment of all sums due and
payable by the MSP to GMDC under the terms of their Agreement dated _______________.
Provided, however, that the maximum liability of the Bank towards GMDC under this
Guarantee shall not, under any circumstances, exceed
__________________________________ in aggregate.

3. In pursuance of this Guarantee, the Bank shall, immediately upon the receipt of a written
notice from GMDC in that behalf and without delay/demur or set off, pay to GMDC a2ny and
all sums demanded by GMDC under the said demand notice, subject to the maximum limits
specified in Clause 1 above. A notice from GMDC to the Bank shall be sent by Registered Post
(Acknowledgement Due) at the following address:

Page 106 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

_________________________

_________________________

_________________________

Attention Mr. _____________.

4. This Guarantee shall come into effect immediately upon execution and shall remain in force
for a period of _____ months from the date of its execution. The Bank shall extend the
Guarantee for a further period which may mutually decide by the MSP & GMDC. The liability
of the Bank under the terms of this Guarantee shall not, in any manner whatsoever, be
modified, discharged, or otherwise affected by:

- Any change or amendment to the terms and conditions of the Contract or the execution of
any further Agreements.

- Any breach or non-compliance by the MSP with any of the terms and conditions of any
Agreements/credit arrangement, present or future, between MSP and the Bank.

5. The BANK also agrees that GMDC at its option shall be entitled to enforce this Guarantee
against the Bank as a Principal Debtor, in the first instance without proceeding against the
MSP and not withstanding any security or other guarantee that GMDC may have in relation
to the MSP’s liabilities.

6. The BANK shall not be released of its obligations under these presents by reason of any act
of omission or commission on the part of GMDC or any other indulgence shown by GMDC or
by any other matter or thing whatsoever which under law would, but for this provision, have
the effect of relieving the BANK.

7. This Guarantee shall be governed by the laws of India and the courts of Ahmedabad shall
have jurisdiction in the adjudication of any dispute which may arise hereunder.

Dated this the ………………. Day of ……………………..

Witness

(Signature) (Signature)

(Name) Bank Rubber Stamp

(Name)

Page 107 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(Official Address) Designation with Bank


Stamp

Plus, Attorney as per Power of Attorney No. Dated:

Page 108 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 7: Format of Earnest Money deposit in the form of Bank Guarantee


(On Non-judicial Stamp paper to be submitted along with submission of bids)

…………………………………………………………………. (Name of the Bank)


Address…………………………………………………………………………………..Guarantee
No……………………..
A/C Messer’s……………………………………………………….. (Name of Bidder)
Date of Expiry………………………………. Limit to liability (currency &
amount)……………………………….
Invitation For RFQ No…………….. dated…………………( bidding document )
For……………………………………………………….. (Name of Facilities)

Subject: Earnest Money Deposit Bank Guarantee.


Date………………20

To,
General Manger (IT),
Gujarat Mineral Development Corporation Ltd.
132 Ft Ring Road, Near University Ground
Vastrapur, Ahmedabad.
Bank Code:

Dear Sir,
In consideration of Gujarat Mineral Development Corporation (hereinafter called “GMDC”)
which expression shall unless repugnant to the subject of context include his successors and
assigns having agreed to exempt M/s……………………………………. (herein after called “Bidder”)
from demand under the terms and conditions of “Technical Bid Document” ( hereinafter
called the said “Bidding Document”) issued by the GMDC vide RFQ No.______________for
the work______________________________________________________________
( Name of the facilities ) from Earnest Money Deposit (EMD) of Bid for the due fulfillment by
the Bidder of the terms and conditions contained in the said Bidding Document on production
of Bank Guarantee for INR _________________(
____________________________________________ only ) ( figure in words).

1. We the _______________________ ( Name of Bank ) hereinafter referred to as “Bank” having


our registered office at ________________________ ( address of Bank ) do hereby undertake
and agree to indemnify and keep indemnified GMDC to extent of INR __________________(
___________________ only ) ( figures in words ) against any losses, damage cost, charges
and expenses caused to or suffered by or that may be caused or suffered by GMDC by reason

Page 109 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

of any breach or breaches by the Bidder of any of the terms and conditions contained in the
said Bidding Document and unconditionally pay the amount claimed by GMDC on demand
and without demur to the extent aforesaid.
2. We __________________________ (Name of Bank) do hereby undertake to pay the amounts
due and payable under the guarantee without any demur merely on a demand by you stating
that the amount claimed is due by way of loss or damage caused to or would be caused or
suffered by you by reason of any breach by the said Bidderof any of the terms or conditions
contained in the said Bidding Document by reason of the Bidder’s failure to fulfill the
conditions of said Bidding Document. Any such demand on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this guarantee. However, our liability
under this guarantee shall be restricted to an amount not exceeding
INR________________________ _________________.
3. We ___________________________ ( Name of Bank ) further agree that GMDC shall be the
sole judge of and as to whether the Bidderhas committed any breach or breaches of terms
and conditions of the said Bidding Document and the extent of loss, damages, costs, charges
and expenses caused to or suffered by or that may caused to or suffered by GMDC on account
hereof to the extent of the Bid Security required to be deposited by the Bidderin respect of
the said document and the decision of GMDC that the Bidder has committed such breach or
breaches and as to the amount or amounts of loss, damages, costs, charges, and expenses
caused to or suffered by or that may be caused to or suffered by GMDC shall be final and
binding on us.
4. We ___________________________ (Name of Bank) further agree that guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance on the said Bidding Document and that it shall continue to be enforceable till
you certify that terms and conditions of the said Bidding Document have been fully and
properly carried out by the said Bidder and accordingly discharge the guarantee. Unless a
demand or claim under this guaranteed is made on us in writing on or before the (date)
__________________ we shall be discharged from all liability under this guarantee.
5. We ___________________________ ( Name of Bank ) further agree with you that you have
the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Bidding Document or to extend
time of performance by the said Bidder from time to time or to postpone for any time or from
time to time any of the powers exercisable by you against the said Bidder and to forbear or
enforce any of the terms and conditions relating to the said Bidding Document and we shall
not be relieved from our liability by reason of any such variation or extension being granted
to the said Bidderor for any forbearance act or omission on your part or any indulgence by
you to the said Bidderor any such matter or thing whatsoever under the law relating to
sureties would but for this provision have effect of so relieving us.
6. It shall not be necessary for GMDC to proceed against the Bidder before proceeding against
the Bank and the Guarantee herein contained shall be enforceable against the Bank,
notwithstanding any security which GMDC may have obtained from the Bidder at this time
when proceeding are taken against Bank hereunder be outstanding or unrealized.
7. We ________________________ (Name of Bank) further undertake to unconditionally pay
the amount claimed by GMDC merely on demand and without demur to the extent aforesaid.

Page 110 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

8. We, the said Bank lastly undertake not to revoke this guarantee during its currency except
with the previous consent of GMDC in writing and agree that any change in the constitution
of GMDC or the Bidder or the said Bank shall not discharged our liability hereunder dated
_________________day of ____________ 20 . _____________ for
________________________________ ( Name of Bank )

Yours faithfully

For…………………………………(Name of the Bank)

Please note the following details for Compulsory e-confirmation for Bank Guarantee
through ICICI Bank through SFMS under our:

Gujarat Mineral Development Corporation Limited (GMDC)


132 Ft Ring Road, Near University Ground Vastrapur, Ahmedabad. Bank Name: ICICI Bank
Ltd
IFS Code: ICIC0000024

UIC GMDC530265584 for Field 7037 MT760

Page 111 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 8: Work Experience details as mentioned in the Pre-Qualification Criteria

1. Work experience Format for Migration related work done projects (along with PO
Submission and Project Completion certificate)

Sr. Name Addre Start Completi Scope of Work Value Supporting


no of the ss of Date of on Date Description in Brief of The PO and
Orga execu the of the for Migration Project Completion
nizati tion Project Project related work in Rs. Certificate
on projects attached or
not

1
2
3
4
5
6

2. Work experience Format for Operations and Maintenance services of Oracle Cloud
Infrastructure work done projects (along with PO Submission and Project Completion
certificate)

Sr. Name Add Start Completi Scope of Work Value Supporting


no of the ress Date of on Date Description in Brief of The PO and
Organiz of the of the for Migration Project Completion
ation exec Project Project related work in Rs. Certificate
utio projects attached or
n not

1
2
3
4
5
6

Page 112 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 9: Financial Bid Format


(To be submitted online only)

To,
General Manager IT,
Gujarat Mineral Development Corporation Ltd
Khanij Bhavan,
132-Ring Road, Gujarat University Ground, Vastrapur,
Ahmedabad- 380052.

Subject: Request for Proposal (RFP) for “Selection of Managed Service Provider (MSP) to
carryout services associated to Oracle EBS Cloud Migration and Operations & Maintenance
Services Post Migration and Operations and Maintenance Services Post Migration”

Dear Sir,

After thoroughly reading and accepting the RFP terms, understanding the requirements and
scope of work of the GMDC under this RFP, and its terms and conditions, we hereby agree to
provide our services at the following rates:

Unit Quantities Service Fees Total Quote


• Sr. Scope Items and
(A) (B) (Rs/ Unit) in INR
No. Deliverable
(C) (D = B X C)
1. • Part 1: As Is Assessment
Services and Migration Lumpsum 1
Plan

2. Part 2: O&M of existing • •


on-premises DC and its
third-party applications Quarterly 1
(Payable only if GMDC
commission on-premises
O&M)

3. Part 3: Migration and DC Lumpsum 1 • •


Formation & Testing
4. Part 4: Operation and • •
Maintenance post Quarterly 12
Migration, Review and
Training

Page 113 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

5. Part 5: Gap analysis for • •


Usage enhancement Lumpsum 1
(Payable only if GMDC
commission Gap Analysis)

6. Part 6: Architecture • •
Assessment for SAAS
Migration (Payable only if Lumpsum 1
GMDC commission SaaS
architecture assessment)

7. Part 7: Change Request


Man- • •
(Payable only if GMDC days 100*
commission change request)
Total Fees (INR)
*Tentative for the purpose of Price Bid evaluation

Notes:

1. It is to be noted that total Service Fees for the Part 3 of the Scope shall not exceed the
35% of the fees quoted for Part 4 of the Scope of Work. In case the Bidder’s Service Fees
for the Part 3 is exceeding the 35% of the Part 4 then the Authority / GMDC shall have
right to rebalance it and the Bidder shall have to abide by this provision.
2. The Scope pertaining to Part 2 of the Scope of Work is optional. However, Bidders shall
need to mandatorily quote Service Fees separately as per the Price Bid format. The award
of the work pertaining to Part 2 is optional and GMDC shall in its sole discretion decides
to award the work pertaining Part 2 to the MSP. The Prices quoted by Bidders for Part 2
shall be considered for the price bid evaluation.
3. The bidder shall have to mandatorily quote prices for Part 5, 6 and 7. This shall become
payable only if GMDC commissions such scope. The Prices quoted by Bidders for Part 5,6
and 7 shall be considered for the price bid evaluation.
4. The Bidders also shall be required to quote Service Fess for execution of TOR specified in
section III. While Service Fees for each of seven Parts of the Scope of Work shall have to
be quoted separately, only the Total Fees shall be considered for the calculation of
Financial Score as per clause 5.4 of Section VI.
5. The above quoted rates represent remuneration of Bidder’s staff, Travel expense,
expense towards dime, hotel stay, office rents, conveyance, stationary expense and any
other expense to be incurred for executing Terms of Reference.
6. The Bidder to quote Service Fees in table above inclusive of all other taxes except
applicable GST. Applicable GST, over and above approved Service Fees, at the time of
invoicing shall be reimbursed by GMDC. The risk of applicability of any taxes, duties and
levies except GST, shall rest with the Bidder.
7. GMDC shall be entitled to deduct tax at source as may be applicable. The TDS certificate(s)
shall be submitted as per the due date specified in the Income Tax Act & GST.

Page 114 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

8. Service Provision Fees shall be paid as per the payment terms specified in Section VII of
the RFP document.

Each Bidder must quote his rates after through reading of this RFP document and Estimates
of his cost thorough detailed due diligence of the site, statutory laws/regulations. Authority
reserves right to seek any clarifications regarding price quoted from bidders before any
decisions.

Thanking you,
Yours faithfully

(Seal and Signature of the authorized representative of the Bidder)


Name:
Designation:

Page 115 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider (MSP) to carryout services associated to
Oracle EBS Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 10: Details of Existing Hardware Infrastructure, Existing Oracle licenses and
Existing Virtual machines
A. Existing Hardware and Software

Sr.
_ Description Make Model UOM Qty Remarks
no
A. HARDWARE
1 Servers for Hosting the IBM Power S824 Nos 03
ERP (12Cx2
448GB
RAM)

2 SAN for ERP Data IBM Store wise Set 01


V5020
3 SAN Switch IBM Nos 02
4 Management console IBM HMC Nos 01

Archiving of ERP Data IBM TS3100 Set 01


using Tape Driver and LTU
5 OS and Virtualization IBM AIX Nos 03
(Advanced
Platform
Interactive
executive)
6 ERP Data (TB) to be Set 17 TB
migrated
B. ORACLE EBS LICENSING
1 Oracle Database Oracle 175
Enterprise Edition -
Named User Plus
Perpetual
2 Oracle Real Application Oracle 8
Clusters - Processor
Perpetual
3 Oracle Diagnostics Pack – Oracle 16
Processor Perpetual
4 Oracle Tuning Pack – Oracle 16
Processor Perpetual

Page 116 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Sr.
_ Description Make Model UOM Qty Remarks
no
5 Oracle Web Logic Suite – Oracle 20
Named User Plus
Perpetual
6 Oracle Diagnostics Pack – Oracle 175
Named User Plus
Perpetual
7 Oracle Tuning Pack – Oracle 175
Named User Plus
Perpetual
8 Oracle Real Application Oracle 175
Clusters - Named User Plus
Perpetual
9 Internet Developer Suite Oracle 1
10 Internet Application Oracle 2
Server Enterprise
C. VIRTUAL MACHINE DETAILS
1 VM for Backup (3 cores- 1
physical and 8GB)
2 VM for Development 1
Database Server 1 (4
cores- physical and 77 GB)
3 VM for External Portal 1 (3 1
cores- physical and 64 GB)
4 VM for Production 1
Database Server 1 (8
cores- physical and
84.25GB)
5 VM for Production EBS 1 1
(4 cores- physical and 60
GB)
6 VM for Development 1
Express 1 (3 cores-
physical and 64 GB)
7 VM for Management 1 (2 1
cores- physical and 08 GB)

Page 117 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Sr.
_ Description Make Model UOM Qty Remarks
no
8 VM for Management 2 (2 1
cores- physical and 08 GB)
9 VM Network 1
Infrastructure
Management (2 cores-
physical and 08 GB)
10 VM for Development 1
Database Server 2 (4
cores- physical and 82 GB)
11 VM for Development 1
Application 2 (3 cores-
physical and 64 GB)
12 VM for Production 1
Database Server 2 (8
cores- physical and 78 GB)
13 VM for Production EBS 2 1
(4 cores- physical and 60
GB)
14 VM for Development 1
Environment Portal 2 (3
cores- physical and 64 GB)

B. Functionalities of esiting different Oracle ERP Modules


ERP Module wise Functionality

# Module Functionality
1. Oracle HRMS, Training, o Employee Creation Cycle (Creation, Transfer,
Registry Promotion etc...)
o End Employment Cycle (Resignation, VRS etc..)
o Rehire Case
o Shift Allocation
o Employee Self Service
o Whole Training Cycle
o Various type of Reports

Page 118 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

# Module Functionality
2. Employee Self Services o Apply for Leave such as Casual, Sick, and Earn Leave
etc…
o Apply Tour Request
o Apply for Salary Advance
o Tax Declaration for Income tax
o Salary Information
o Income Tax Computation
o Approval for Leave Workflow
o Approval for Tour Request Workflow
o Approval for Purchase Requisition (PR) Workflow
o Approval for Purchase Order (PO) Workflow
o Approval for Written off Proposal Workflow
3. Oracle Time and Labour o Time & Attendance
(OTL) o Timecard(In-Out Punch ) Details
o Various type of Reports
4. Oracle Procurement o Purchase Requisition (PR)
Management
o Internal Requisition (IR), If required item stock
already available at other projects
o PR/IR Approval workflow
o Buyer Allocation for PR
o PR to RFQ (Requisition for quotation) through Auto
create
o RFQ to Quotation Creation
o Comparative Statement
o Quotation to PO (Purchase Order) Creation
o PR to PO (Purchase Order) Creation
o PO approval workflow
o Revise PO (If required any changes in PO)
o Revise PO approval workflow
o Purchasing Period Open Process
o Purchasing Year End Process
o Various type of Reports

Page 119 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

# Module Functionality
5. Oracle Inventory o MRR (Material Receipt)
Management o Inspection (Accept/Reject Material)
o Return to Supplier (If qty rejected)
o Delivery (Material Deliver to sub inventory)
o Correction (If MRR need to be cancelled)
o Move order (For issue item)
o Move order (For issue Diesel to Contractor/Dept.)
o Move order (For Returnable/Non-returnable Gate
pass)
o Move order (For Sub Inventory transfer)
o Move Order transact (To issue material)
o MLOP
o Miscellaneous receipt/issue
o Inventory Period Open/Close process
o Inventory Year End Process
o Various type of Reports
o Inter Project Transfer (IPT) (For Materials)
o IR (Internal Requisition)
o IR Approval Workflow
o Process : Create internal order
o Process : Import Order
o IPT Gate pass
o MRR through shipment number
o Inspection
o Delivery to store
o Inter Project Transfer (IPT) (For Assets)
o Non returnable Gate pass
o Asset Transfer
o MRR through shipment number
o Inspection
o Delivery
o Receipt (MRR)

Page 120 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

# Module Functionality
o Deliver
o Return to Supplier
o Correction
o Invoice
6. Oracle Enterprise Asset o Work order Creation for Operations, Material
Management (eAM) requirements, Resource
o Work Order to PR
o Work order Completion
o Asset Group Creation
o Asset Creation
o Asset Activity Creation
o Asset Activity Association
o Asset Written off proposal & send for approval
o Meter Creation
o Meter Association
o Various type of Reports
o Setup of Various Masters/ Lookups
o New Asset Creation /Updating like Asset serial
number, Owning department, Warranty expiration,
Area, FA number
o New Asset Activity Creation & Associate with Asset
Number
o Assign Asset Attributes to Asset Group like make,
model, chassis no., engine no., mc no.
o Inter Project Transfer for Asset from Source Project
to Destination Project
7. Oracle Finance (Account o Customer cash receipt
Receivable) o Customer sales Invoice
o Customer refund
o Created manually Receipt method
o Created Standard Receipt method
o Transaction source setup
o Various type of Reports

Page 121 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

# Module Functionality
8. Oracle Finance (Account o Supplier creation
Payable) o TDS setup for supplier
o GST setup for supplier
o HSN mapping for all items
o Customer AP invoice
o Supplier standard and pre-payment invoice
o Supplier payment invoice
o Customer batch payment
o Various type of Reports
9. Oracle Finance (General o Import Journal of payroll data on monthly basis
Ledger) o Manual Journal voucher
o Financial statement generation
o Account code mapping in grouping
o Analysis of various sales and purchase data with GL
o Trial Balance
o Sub-ledger accounting report
o Various type of Reports
10. Oracle Finance (Cash o Bank payment file upload and reconciliation
Management) o Bank cash receiving file upload and reconciliation
o New Bank and branch setup
o Various type of Reports
11. Oracle Finance (Fixed o New assets creation
Assets Management) o Asset cost updating
o Asset depreciation
o Asset retirement
o FAR report analysis
o Fixed assets new year calendar setup
o Various type of Reports
12. Oracle Finance (Payroll) o New element setup creation
o New element linking setup
o Formula creation

Page 122 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

# Module Functionality
o Global value setup
o Executing processes related to PAYROLL
o Transfer Payroll data to GL
o TDS calendar setup
o Various type of Reports
13. Order Management o Customer registration
o Grade Creation for quota allocation
o Customer Order

Other Integration Applications with ERP

# Application Functionality Platform


1. Dispatch o Transporter assignment/ registration Oracle Apex
System o Truck Registration
o Truck IN at Weighbridge
o Weighbridge (interface of truck weight)
o Loaded Truck OUT at
Weighbridge
o e-Royalty (interface with CGM portal)
o e-Way bill & e-Invoice (interface with GST
portal)
o SMS & Email to customer
2. Customer Portal o Booking the Delivery Order as per Quota JSP, Java
o Schedule of dispatch
o Advance Payment
o Printing/mailing the D.O.
o Payment Gateways – NSDL, ICICI, Axis,
IndusInd Bank
3. Attendance o RFID based Attendance system at Mantra, .net, SQL
System Corporate Office.
o Face Reorganization with Fingerprint
Attendance Machines at all projects &
corporate office.

Page 123 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

o Integrated with Oracle ERP application


for employee IN OUT attendance data
4. Dynamic o Under development Apex
Allocation
portal
5. Third party APIs o GST, e-Invoice, e-way bills, CGM ILMS XML
consumed
6. Provident Fund o Employee PF, SaaS
(PF)
7. APAR o Performance Appraisal PHP

Page 124 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 11: Description Of Approach, Methodology And Work Plan For Performing The
Assignment/TOR
Technical approach, methodology and work plan are key components of the Technical
Bid/Proposal. Bidders are suggested to present their Technical Proposal divided into the
following three chapters:
a) Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,

a) Approach and Methodology


• As per the Technical Marking system
b) Work Plan: In this chapter, Bidder should propose the main activities of the
assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by Authority), and delivery dates of the reports. The
proposed work plan should be consistent with the technical approach and
methodology, showing understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents, including report to be delivered
as final output, should be included here.
c) Organization and Personnel: In this chapter, the Bidder should propose and justify
the structure and composition of proposed team. Bidder should list the main
disciplines of the assignment, the key expert responsible, and proposed technical and
support personnel. The manpower requirement given in the RFP is an indicative
minimum requirement. The Bidder should assess the specific and realistic manpower
with reference to TOR

Page 125 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 12: Curriculum Vitae (CV) For Proposed Experts And Support Staff
(Summary of CV: Furnish a summary of the above CV. The information in the summary shall
be precise and accurate. The information in the summary will have bearing on the evaluation
of the CV)
1. Proposed Position in the assignment:
2. Name of Firm [Insert name of firm proposing the expert]:
3. Name of Expert [Insert full name]:
4. Date of Birth: Citizenship:
5. Education [Indicate college/university and other specialized education of expert, giving
names of institutions, degrees obtained, and dates of obtainment]:
6. Membership of Professional Associations:
7. Other Training [Indicate significant training since degrees under -Education were
obtained]:
8. Languages [For each language indicate proficiency: good, fair, or poor in speaking,
reading, and writing]:
9. Employment Record [Starting with present position, list in reversed order, every
employment held. List all positions held by staff member since graduation, giving dates,
names of employing organization, title of positions held and location of assignments.
For experience period of specific assignment must be clearly mentioned, also give
Employer references, where appropriate.]:
From [Year]: To [Year]:
Employer:
Positions held:
Sector:
10. Total Experience (Years): ________(details to be given in point no 13)
11. Mineral/Mine Sector Experience (Years): _________(details to be given in point no 13)
12. Detailed Tasks Assigned: [List all tasks to be performed under this Assignment/job]
13. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned. Please
provide project / assignment wise details/
[Among the Assignment/jobs in which the staff has been involved, indicate the
following information for those Assignment/jobs that best illustrate staff capability to
handle the tasks Listed under point 12. List of the assignment below should also match
sr. no 10 and 11]

(i) Name of Assignment/job or project:

Page 126 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

(ii) Year:
(iii) Location:
(iv) Employer:
(v) Main project features:
(vi) Positions held:
(vii) Activities performed:
(viii) Sector:
14. Any other Information (relevance of experience, relevance of qualification etc.)
15. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
I. This CV correctly describes my qualifications and my experience.
II. I am not employed by the Executing /Implementing Agency.
III. I am/I am not in regular full-time employment with the Bidder
IV. I am willing to work on the project and I will be available for entire duration of
the project assignment as per task assigned to me.
V. I, the undersigned, certify that to the best of my knowledge and belief, this bio-
data correctly describes me my qualification and my experience I am committed
to undertake the assignment within the validity of Proposal.
VI. I understand that any willful misstatement described herein may lead to my
disqualification or dismissal, if engaged.

Date: [Days/Month/Year]
[Signature of expert or authorized representative of the firm]
Full name of authorized representative:

Page 127 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 13: Undertaking

Date: dd/mm/yyyy

To,
General Manager IT,
Gujarat Mineral Development Corporation Ltd
Khanij Bhavan,
132-Ring Road, Gujarat University Ground, Vastrapur,
Ahmedabad- 380052.

It is certified that the information furnished here in and as per the document submitted is
true and correct and nothing has been concealed or tampered with. We have gone through
all the conditions of RFP and we are liable to any punitive action for furnishing false
information / documents.

Dated this _____ day of ____________________ 202_.

Signature
(Company Seal)

__________________
In the capacity of duly authorized to sign bids for and on behalf of:

Signed by

Authorized Signatory with designation

Page 128 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 14: Banks List

Page 129 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Annexure 15: Format for Change Request management

Change Control Note(CCN): CCN Number:


Title:
Originator:
Date of Initiation
Brief Description of Proposed Change:
Deliverables:
Impact:
No. of Resources:
Timeline of Execution:

Page 130 of 131 Gujarat Mineral Development Corporation


RFP for Selection of Managed Service Provider for services associated to Oracle EBS
Cloud Migration and Operations & Maintenance Services Post Migration.

Page 131 of 131 Gujarat Mineral Development Corporation

You might also like