RFP For EBS Migration
RFP For EBS Migration
for
GMDC/CO/IT/OCI/01/2023-24
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.
TABLE OF CONTENTS
ABBREVIATIONS ----------------------------------------------------------------------------------------------- 10
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
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.
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.
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.
ABBREVIATIONS
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
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.
• 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.
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.
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.
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.
• 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)
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-
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.
• 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.
C. The MSP shall also undertake following O&M activities associated with Network on
regular basis during the Contract Period:
• MSP shall also manage the ISPs SLA in order to have utmost availability as required by
GMDC on Cloud DC.
• 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.
• 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.
With the objective of maximizing usage of Oracle EBS modules on cloud, the MSP will
undertake following activities:
• 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.
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.
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.
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.
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
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
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
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.
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
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
Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration
Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration
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.
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.
Measured
S. Service Level Measurement Measuring by
Target/Service Level Damages
No. Objective Methodology duration
1. INTRODUCTION
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.
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.
Brief Description of work Services associated to Oracle EBS Cloud Migration and
Operations and Maintenance Services Post Migration
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:
Tel:
Mobile:
Email:
1.
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.
The Bidders are required to quote the rate strictly as per the
terms and conditions mentioned in the RFP document.
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
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.
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.
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.
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.
4) the Bidder does not provide, within the time specified by GMDC, the supplemental
information sought by GMDC for evaluation of the 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
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.
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.
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 –
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.
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.
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.
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.
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.
All prices quoted in the Bid shall be quoted in Indian National Rupee(s) (INR).
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.
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
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
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”
Addressed to :
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.
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.
Total
Sr. Marks
Max.
Criterion Conditions for the
No Marks
Sub
head
Client: Corporates/Private Sector/
Government/PSUs
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.
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
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
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
The aggregate services fees shall be considered for Price Bid Evaluation and determination of
Financial Score as below.
Where;
Services Fees refers to the total aggregate services Fees as per the Price Bid Format specified
in Annexure-9.
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
(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
(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.
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
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.
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
(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
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.
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.
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
(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.
(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.
(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)”.
(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.
(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.
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.
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.
(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.
a) The Bidders and their respective officers, employees, agents and advisers shall observe
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;
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
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
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.
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.
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.
6. Part 6: Architecture • •
Assessment for SAAS
Migration (Payable only if Lumpsum 1
GMDC commission SaaS
migration assessment)
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.
2. PAYMENT TERMS
a) The payment shall be made by GMDC as per the payment terms specified hereunder.
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.
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.
(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.
(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.
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_________.
1. GENERAL
“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;
"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.
“Force Majeure” shall have a meaning specified in clause 2.7 of this Agreement.
“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.
“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.
“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.
“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 Date” shall mean the date specified in the Termination Notice or Notice of
Termination as the date on which Termination occurs.
“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.
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.
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.
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
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.
________________________.
_______
1.9. Location
The Services shall be performed at GMDC Corporate office Ahmedabad and its associated
places.
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: --------------
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.
(i) are beyond the reasonable control of the Affected Party and materially and adversely
affects the performance of an obligation by a Party;
(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.
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.
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.
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.
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.
(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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
The MSP shall not have a Conflict of Interest and any breach hereof shall constitute a breach
of the Agreement.
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.
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
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.
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.
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.
(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.
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,
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.
4.5. 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.
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
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
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.
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.
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.
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.
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.
(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.
(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.
(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.
8 LIQUIDATED DAMAGES
(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
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.
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
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.
12 DISPUTE RESOLUTION
(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.
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).
(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.
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.
13 PROJECT HANDOVER
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,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
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.
I hereby declare that I have scrutinized and audited the financial statement of
M/s_________________. Following is the audited, for the last three years.
__________________
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,
Yours faithfully,
_________________________
Signature and Stamp of the Bidder
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.
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:
_________________________
_________________________
_________________________
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.
Witness
(Signature) (Signature)
(Name)
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).
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.
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
Please note the following details for Compulsory e-confirmation for Bank Guarantee
through ICICI Bank through SFMS under our:
1. Work experience Format for Migration related work done projects (along with PO
Submission and Project Completion certificate)
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)
1
2
3
4
5
6
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:
6. Part 6: Architecture • •
Assessment for SAAS
Migration (Payable only if Lumpsum 1
GMDC commission SaaS
architecture assessment)
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.
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
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)
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)
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)
# 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
# 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
# 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)
# 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
# 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
# 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
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,
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]
(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:
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.
Signature
(Company Seal)
__________________
In the capacity of duly authorized to sign bids for and on behalf of:
Signed by