sap dmsat opgc.” · version: 01 confidential odisha power generation corporation limited page 2...

Version: 01 Confidential Odisha Power Generation Corporation Limited of 72

ODISHA POWER GENERATION CORPORATION LIMITED

IB THERMAL POWER STATION

AT/PO: BANHARPALI

DIST.: JHARSUGUDA ‐ 768 234 (ODISHA) ‐ INDIA

TELEFAX: +91 6645 289317

Email: [[email protected]]

Bid Document for

“Roll out of SAP Application and Implementation of DMSat OPGC.”

NITNumber:ITPS/CC‐22/2017‐18/14, Date: 9th February, 2018, Sl No. 01

Date of Issue: 21.02.2018


Roll out of SAP Application and Implementation of DMS at OPGC.

TABLE OF CONTENTS 1. Project Introduction ............................................................................................................................... 4

1.1. About OPGC .................................................................................................................................................... 4 1.2. Business locations ............................................................................................................................................ 4 1.3. ERP Project – Background Note ......................................................................................................................... 4 1.4. Brief Description of existing SAP Applications ..................................................................................................... 5 1.5. Existing SAP landscape: .................................................................................................................................... 6

2. Scope of Work ........................................................................................................................................ 8 2.1. Overview ......................................................................................................................................................... 8 2.2. Geographical scope .......................................................................................................................................... 8 2.3. Detailed Scope ................................................................................................................................................. 8 2.4. Detailed project activity scope: ....................................................................................................................... 10

2.4.1. Implementation methodology: .......................................................................................................... 10 2.4.2. Project Management ........................................................................................................................ 10 2.4.3. Business Process Study ...................................................................................................................... 12 2.4.4. Hardware/ Infrastructure Sizing ......................................................................................................... 13 2.4.5. Configuration and Customization ....................................................................................................... 13 2.4.6. Data Conversion ............................................................................................................................... 13 2.4.7. System administration ...................................................................................................................... 13 2.4.8. Testing ............................................................................................................................................. 14 2.4.9. Training and change management ..................................................................................................... 14 2.4.10. Go‐Live preparedness & Acceptance .................................................................................................. 15 2.4.11. Post Go‐Live support ......................................................................................................................... 16 2.4.12. Performance Guarantee of the solution .............................................................................................. 16 2.4.13. Final Acceptance of the Solution ........................................................................................................ 17 2.4.14. Post Implementation SupportServices ................................................................................................ 17 2.4.15. SLA during Support ........................................................................................................................... 18 2.4.16. Conflict with Existing Support Vendor ................................................................................................. 18

3. Qualification and Evaluation ................................................................................................................. 19 3.1. Qualification to bid ........................................................................................................................................ 19 3.2. Mandatory Qualification Criteria for Bidding .................................................................................................... 19 3.3. Evaluation & Comparison of Bids ..................................................................................................................... 21 3.4. Award Criteria ............................................................................................................................................... 24 3.5. Negotiation ................................................................................................................................................... 24 3.6. Signing Of Agreement .................................................................................................................................... 24 3.7. Failure to Commence the Work ....................................................................................................................... 25

4. Deliverables & Timeline ........................................................................................................................ 26 4.1. Timelines ....................................................................................................................................................... 26 4.2. Deliverables ................................................................................................................................................... 26 4.3. Performance Parameters ................................................................................................................................ 27

5. Price Schedule and Payment terms ........................................................................................................ 29 5.1. Price Schedule for Project ............................................................................................................................... 29 5.1.1. Implementation of Roll‐Out in OPGC‐II & Additional Modules ............................................................................ 29



5.1.2. Change Request & Scope change ..................................................................................................................... 29 5.2. Payment terms .............................................................................................................................................. 30

6. CONDITIONS OF CONTRACT .................................................................................................................. 31 X.1 Liquidated Damages for Delay ........................................................................................................................ 41 X.2 Liquidated Damages for Performance .............................................................................................................. 41

7. E‐Reverse Auction & its Rules & Regulations .......................................................................................... 47 8. Instruction to Bidder: ........................................................................................................................... 50 9. Bid supporting documents .................................................................................................................... 59

9.1 Letter of Undertaking by the Bidder .................................................................................................................... 59 9.2 Exclusions / Deviations Statement ...................................................................................................................... 61 9.3 Performa for Bank Guarantee for Bid Security (Earnest Money Deposit) ................................................................ 62 9.4 Integrity Pact..................................................................................................................................................................64 9.5 Owner Safety Rules…………………………………………………………………………………………………………………………………………………..70



1. Project Introduction

1.1. About OPGC Odisha Power Generation Corporation Limited is a company incorporated under the Companies Act 1956, India in the year 1984 (“OPGC” or the “Owner”). OPGC started as a wholly owned company of the Government of Odisha (the “GoO”) with the main objective of establishing, operating and maintaining large thermal power generating stations. In the pursuit of its objective, OPGC established IBThermal Power Station having two units of 210 MW each in the Ib valley area of Jharsuguda District in the state of Odisha (“Unit‐ 1 and 2” or “OPGC‐I”) (“ITPS”). The plant has been in operation since 1994. The entire generation from these units is contracted to GRIDCO, the state owned trading company/bulk supplier, on the basis of a long‐term power purchase agreement. OPGC’s expansion project (“Unit‐3&4” or “OPGC‐II”) consisting of power plant of 2x660 MW and a dedicated railway line for transportation of coal, are in an advanced stage of construction and the plant is expected to be commissioned by 2018. OPGC also has seven mini‐micro hydro power projects spread out at various locations, with a total installedcapacity of 5.4 MW. 1.2. Business locations OPGC has two primary business locations. The head office is at Bhubaneswar, the capital city of the State of Odisha. Bhubaneswar is connected to most of the major cities in India through roads, railway and air. The plant is located at Ib Valley, in Jharsuguda District, which is located at a distance of about 400 kms from Bhubaneswar. Jharsuguda is well connected to Bhubaneswar through roads and railways.

1.3. ERP Project – Background Note In line with OPGC IT strategy roadmap, SAP ERP Application was implemented in the organization for the operational Unit#1&2. SAP ECC 6.0 (EHP 7.0) on HANA Database was implemented with the following modules and the applicantion is hosted in SAP HANA Enterprise Cloud Infrastructure.

1. Finance& Controlling (FICO) 2. Material Management (MM) 3. Plant Maintenance (PM) 4. Project System (PS) 5. Environment, Health and Safety (EHS) 6. Human Resource Management (HRM) which essentially should include ESS, Payroll, HR.

The Go‐Live of the implementation was made on 1st February 2016 and currently SAP application is being used by all business functions of OPGC‐I. OPGC‐II construction work is in progress and it will be made operational by end of 2018. Hence, OPGC intends to roll out the existing SAP ERP Application to Unit#3&4. In addition to the roll out, OPGC also intends to implement Document Management System (DMS) in both OPGC‐I & OPGC‐II. Bidders are requested to provide a complete comprehensive solution and services to address the OPGC’s requirements envisaged as defined in the “scope of work” section.



SAP License details:

Description SAP Application Professional SAP ApplicationESS/MSS Existing Addition Existing Addition

SAP Named User 175 100 750 150Payroll Processing 2 units Master Record (Units of 500) EHS One unit of Annual Revenue Level (unit of 100 Million EURs)SAP Application Netweaver Process Integration (PI)

5 GB per month

NB: 1. Existng Licenses have been procured by OPGC. 2. Additional Licenses are to be procured by OPGC.

For smooth conduct of the project, OPGC would be identifying and forming a Steering Committee, Project Management team, Core team, Business Team andData Preparation Team.

1.4. Brief Description of existing SAP Applications

Module Process List

PM PM Master Data Management

PM Corrective maintenance Process

PM Preventive maintenance Process

PM Breakdown maintenance Process

PM Condition based monitoring process

PM Rectification & continuous improvement process

PM Overhauling Process

PM Work Clearance Management

MM Management of Material management Master Data

MM Coal Procurement Process

MM Procurement of Capital goods / Assets

MM Procurement of Subcontracting goods

MM Procurement of Services‐Contracts

MM Procurement for Projects (WBS)

MM Procurement of Consignment goods

MM Material Procurement process

MM Procurement of Fuel, Lubricant,HSD

MM Process for Physical Inventory

MM Issue of Goods

MM Scrap disposal and Ash Utilization process

MM Transfer Posting Process

MM Vendor Performance process (Vendor Rating)

PS Project System Master Data

PS Project Planning

PS Project Execution



Module Process List

PS Project Closure

FICO Master Data

FICO General Ledger Accounting

FICO Accounts Payable

FICO Accounts Receivable

FICO Cash Accounting

FICO Bank Accounting

FICO Asset Accounting

FICO TDS & Service Tax Accounting

FICO Fund Management

FICO Closing Books/Year end process

HR Man Power Planning

HR Recruitment

HR Personal Administration

HR Performance Management System

HR Time Management

HR Payroll and Benefits

HR Personal Development

HR General Administration

EHS IndustrialHygiene and Safety

EHS Occupational Health

EHS Waste Management

EHS Audit Management

1.5. Existing SAP landscape:

OPGCSAP ECC Landscape S. No. Systems SID Database Hostname

1 ECC Dev OED OED 2 ECC QAS OEQ OEQ 3 ECC PRD OEP OEP 4 ECC Dev DB HANA DB HANA 5 ECC Quality DB HANA DB HANA QA 6 ECC Prod DB HANA DB HANAPRD



Installed Products and Versions S.No. Product Version Description

1 EHP7 FOR SAP ERP 6.0 EHP7 FOR SAP ERP 6.0 EHP7 FOR SAP ERP 6.0 2 SAP ERP 2005 SAP ERP 6.0 3 SAP NETWEAVER 7.4 SAP NETWEAVER 7.4

ECC Host Releases ECC Database Releases Operating System Linux 2.6, Linux 3, Linux DB Release HDB 1.0 OP Release 3.0.101‐0.40‐default DBSL version 742.06 Machine type x86_64 DBSL Patch Level 114

OPGC EP Landscape

S. No. Systems SID Database 1 EP Dev CI + DB OPD Sybase 2 EP Quality CI + DB OPQ Sybase 3 EP PROD CI + DB EPPRDAPP Sybase

Installed Products and versions

EP Host Releases EP Database Releases VM Name SAP Java Server VM Database Adaptive Server Enterprise (16.0.01.01) VM Java Version 1.6.0_85 Driver Vendor Open SQL VM Runtime Version 6.1.072 24.71‐b01 OS: Linux (amd64) 3.0.101‐0.40‐default



2. Scope of Work 2.1. Overview OPGC intends to roll out the existing SAP ERP Application and additional in its new units in order to

1. Bring homogeneous corporate management approach across all the all the business units / locations 2. Bring all the business workflows with rightly configured validations and to avoid overhead activities 3. Availability of right information online for all the users concurrently 4. Complete and correctness in enterprise transactions at all the business scenarios 5. Enterprise wide user access based on roles and privileges 6. Maximise the operational excellence and lower the overall cost of operation 7. Configurability using the master data approach to meet the growing demand over the period including the

future implementation at the new project locations by addition of new project specific master data. 2.2. Geographical scope The proposed project implementation will be carried out in the following geographical locations

a) ITPS Plant / Works – Banharpali, Jharsuguda (Odisha) b) Head Office – Bhubaneswar

2.3. Detailed Scope 2.3.1 Roll Out of Existing Solution SAP solution already implemented in Unit1&2 would be rolled out to Unit 3 & 4. The Roll out activity needs to be carried for below mentioned modules. The existing Business Process list in each module is in section 1.4

• Finance & Controlling • Materials Management • Plant Maintenance • Project System • Human Capital Management • Payroll and ESS/MSS

As part of the roll out, existing processes of SAP for Unit 1&2 to be rolled out for Unit 3&4. However, Minor changes 10‐15 % in business processes and system configuration to be considered, if it is found that those changes are required. A fresh blueprint is to be prepared based on the implementation of OPGC‐I to be rolled out for OPGC‐II with the minor changes in the business processes and system configuration. Roll‐out would involve following activities

• Study of Existing Blueprinting, identify delta changes required for roll out and preparing new blueprint. • Extending Configurations & Custom Developments as available in Production system for Unit 1 & 2 to

Unit 3 & 4. • Training and Testing (Unit and Integration) • Data Migration • Cut‐Over &Go‐Live

2.3.2 Implementation of Additional Modules for all Units (OPGC‐I&II) The following additional Modules shall be implemented for both OPGC‐I and II.

• Document Management System(DMS)



A. Implementation of DMS

SAP DMS will be implemented to support document attachments in approval transactions and management of various documents in all modules in form of electronic repository. • Business Processes to be covered in DMS

Document Create/Change/Display/Find ∙ Document Change Management ∙ Document Status Management ∙ Document Object Linking ∙ Document Version Management

• Master Data Document info Record (DIR) ∙ Status of DIR Class and Characteristics

• Integration of DMS with all the modules (PM, MM, PS, FICO, HCM). • Document types that will be uploaded may be .pdf,.doc,.xls,.jpeg,.drw. etc. Visual Enterprise Viewer

integration is to be implemented to view drawing files. • Creation of Enhancement Workflows

The capping for custom RICEFW objects to be developed as part of roll out and additional modules in order to cater various legal, statutory & Management reporting for all modules is 40.



2.4. Detailed project activity scope:

The bidder will be responsible for the following: • Implementation methodology • Project management, planning and scheduling, project status reporting • Quality Assurance activities during the implementation process (Milestone deliverable completeness

review / check list) • Additional Hardware/ Infrastructure sizing • Business process study (current state business process, future state business process, business

blueprint) • Design, configuration, customization and implementation of ERP to meet the solution requirements • Reports development / configuration • Testing throughout project phases including related audit/ validation • Interfacing and integration with existing applications • Data conversion / Migration data validation • Go‐Live preparedness (including UT/SIT/UAT, Cutover) • Post go‐live support and help desk • Warranty support services

2.4.1. Implementation methodology: The successful bidder must carry out the implementation based on well‐defined and proven methodology covering all the phases / activities of the project including the usage of predefined forms, templates and formats and best practices to start the implementation process with well‐defined framework and to cut down overall implementation time and to bring the better outcome at every stage of the project. The Bidder must have sufficient prior experience in using this methodology, tools and formats on sustained basis in implementing the ERP solution. The bidders are specifically asked to provide their approach on how their proposed solution will address the above requirements with clear responses. 2.4.2. Project Management Project Management Structure The Project Management Structure for this engagement consists of the following stakeholder groups:

• Steering Committee consisting of OPGC top management and Program Manager from the bidder. • Project Management Office, consisting of a project manager from OPGC and Project Manager(s) from the

Bidder. • Core Group, consisting of functional experts, technical experts and infrastructural experts provided by the

bidder, technical resources (IT) and functional resources (core and business users) from OPGC. • Non‐Core Group consisting of the end users/power users in OPGC, and the Helpdesk team (resources from

both OPGC and bidder) Project Team The Bidder will form a full‐time team, specialized and experienced in ERP Implementations to ensure successful and timely completion of the project,consisting of Program Manager, Project Manager, Functional & Technical Team Leads and other team members. The bidder should be prepared to commit the team to the project and should prevent changing of resources during the project. The Bidder shall not sub‐contract any part of the tender requirements stated



and should declare the same in the bid. The key personnel in the team must have the minimum qualifications and work experience as specified in Qualification and Evaluation, section 3. The Bidder should submit a detailed project plan (which should be updated regularly) indicating the key phases / activities of the project and the expected time lines for each phase / activity. The Bidder will further detail the project plan in early stages of the project and get the same validated from OPGC. OPGC Project Management Team may suggest changes to the plan where necessary. The project plan should include the following at minimum:

• The project broken up into logical phases and sub‐phases • Activities making up the sub‐phases and phases • Key milestones and deliverables along with their dates • Start date and end date for each activity • The dependencies among activities • Resources / consultants to be assigned to each activity • Resources (core team, business team and process owners) expected from OPGC for each activity • Each deliverableduring the implementation phases shall have clearly assigned duration and resource for

review, implemention of review comments and signoff • Formal review / singoff shall be doneusing the standard review checklist provided by the bidder and reviewed

&agreed during the project kick off stage. • Risk review activiites with defined frequency and reporting

The bidder is requested to provide implementation overview training to the core team members based on the proposed implementationmethodology, which shall cover the following

• Each phase activities / deliverables with its review process • Phase Dependencies • Roles and responsibilitiesof teams from Bidder and OPGC

Deployment of team The bidder would have to deploy a full‐time dedicated team for the ERP implementation project at OPGC. After the ERP system goes live, all the implementation resources (Mandatorily 01 resource for each respective module)that would be required to be present to support OPGC adequately and appropriately needs to remain on‐site at OPGC till end of Performance Gurantee period. Remaining team members may support the on‐site team from offshore delivery centres of the bidder as and when required. The bidder is requested to provide an indicative manpower deployment plan (Pre go‐live and Post go‐live) as part of their response to this bid document. To ensure commitment to the project from OPGC, OPGC intends to deploy adequate number of people in a full‐time dedicated manner for the project in the form of core team and consultant. The core team will be augmented as required by part time team members for which bidder would plan with OPGC in advance. Bidder should deploy the personnel during implementation. If any change in position/person is required during implementation till Final acceptance, prior approval to be taken by OPGC to deploy alternate resource with similar qualification and experience.



Project Reporting The Bidders should describe the proposed project reporting methodology. At a minimum, the Bidder should submit to OPGC a written progress report every week. The frequency may be increased during critical phases of the project. In addition, the Bidder shall report on a continuous basis exceptions and issues that require immediate attention of OPGC. Progress report shall have the following attributes as a minimum,

a) Highlights / milestone achievements b) Project c) phase progress (Planned, Actual, Delay, Deviation %) d) Activities during the period e) Activities planned for the next week f) Milestone delivery status (Planned / actual completion date, reason for the delay if any with planned next

delivery date) g) Dependancy / requirement from OPGC h) Risk status with owner who responsible to mitigate these risks i) Team deployed at site (Role with no. of resources in each role) j) Items required management attention

For any dependencies on OPGC, the bidder should plan and intimate OPGC well in advance (at least 1 week) to avoid any delay from OPGC’s side. The Bidder will be responsible for informing the Steering Committee about progress of the project. The Committee Meetings should be held at interval of around one month. The date and time of the meetings will be finalized from time to time. 2.4.3. Business Process Study Business Process Study (Roll Out) The Bidder will be required to study the current business blueprint documents for the modules implemented in OPGC‐I, requirement study for OPGC‐II, suggest suitable changes as may be necessary and prepare a new set of Business Blueprint Documents. Business Process Study (For Implementation of Additional Module) The Bidder will be required to study the business processes, which would be covered in the implementation. OPGC will validate this list and suggest suitable changes as may be necessary. Based on the agreed business process coverage of the implementation, the Bidder will: • Conduct a detailed Business Process Study and propose process changes / improvements that would be facilitated

by / necessitated in the solution • Identify the workaround solutions / customizations / interfaces to be developed as part of the implementation • Verify the above solutioning with the responses the bidder had provided in the bid response (functionality matrix)

to ensure that the approach is consistent as best possible. Any deviation has to be provided in writing to OPGC. • Provide expert inputs based on implementations of similar industry • Refer to any previous implementations/ Center of Excellence that bidder possesses, and provide best practices

from the same



• Identify information requirements for each business process • Identify data conversion elements for each business process • Identify the legacy systems that may be retained • Involve Subject Matter Experts (SME) of the relevant business units during the design phase.

Bidders are expected to bring in their best practices based on their past experiences against each module towards creation of the best business process to meet all the functional requirements with efficient operations and user experience.

2.4.4. Hardware/ Infrastructure Sizing As OPGC SAP is hosted in HEC HANA Enterprise Cloud, so bidders are expected to finalize the additional sizing requirement for the roll out and additional implementation in consultation with SAP HEC Team. 2.4.5. Configuration and Customization OPGC prefers to have minimum customization in the ERP Solution. Preferably, change should be kept as minimal as possible to the ERP core modules. This is important to ensure that future upgrades, enhancements and bug fixes are not impacted. Minimal customisation as may be necessary should be done only after obtaining approval from OPGC. Every custom development must be documented in detail and the script ownership should be passed on to OPGC. The capping of RICEFW is in the SOW. Documentational requirements: The bidder shall propose a governance mechanism for management of customizations. At minimum, every request for development of custom report must be documented in a pre‐defined format and supported by a business case prepared by the process owner while requesting for development. Every custom report development must be documented in terms of the person developing the report, the reference request in response to which the report is being developed, the report script and other technical specifications. Basic guidelines with respect to all custom report formats, naming convention etc. must be agreed with OPGC well in advance of commencing any customization effort. In addition, the bidder is required to train OPGC Core/ Technical Team members on the methodology of developing customizations, so that OPGC can take up the additional development as and when required. 2.4.6. Data Conversion The Bidder should submit a high level Data Conversion Strategy Document during the Business Process Study stage of the project describing the broad data elements to be converted, source of the same, target ERP module and the detailed form in which the same will be converted (i.e. both at transaction level or at balance level and the coverage period) with time frame for activities. While preparing the data conversion strategy document, bidder should consider best practices for master data coverage, including optimal usage of SAP standard fields for capturing various information requirements. 2.4.7. System administration Typical system administration activities for ERP to be undertaken by the Bidder include:

• Configuration, administration, trouble shooting and performance tuning of all servers (database, application etc.)

• Database software installation, memory allocation and usage monitoring • Backup, recovery and all other DBA related activities • Providing access to users as per the assigned roles • Installation of applications and related tools



• OS patch update/ Anti‐virus / Firewall update and necessary document management of the same. The successful bidder would also assist OPGC in:

• All authorization related activities till ERP System stabilizes • Assimilating knowledge through a proper knowledge transfer methodology, ensuring that the OPGC team can

take care of system administration tasks including data backup, restore process. • Prepare system administration manual • Prepare end user manuals for all employees accessing the ERP enabled production environment • Prepare owner ERP system management manual keeping in mind the specific configuration of solution

implemented at OPGC • Prepare system configuration that takes into account disaster recovery scenario • Providing regular system performance reports and identifying root causes of issues

The Successful bidder is responsible to identify and inform OPGC about pre cutover requirements like database setup, application patching techniques, operating system patching, database tuning and database synchronization etc.

The system administration responsibility would be with the Bidder till the end of the project. 2.4.8. Testing The bidder shall provide detail strategy for different type of testing which should be carried out in different phases of implementation, pre‐ go‐live. Details of the testing strategy and approach should be provided in the response. The bidder is responsible to identify and inform OPGC regarding testing requirements and impacts. The successful bidder shall work in a manner to satisfy all the testing requirements and adhere to the testing strategy outlined. The successful bidder must ensure deployment of necessary resources and tools during the testing phases. The bidder shall take remedial action based on outcome of the tests. Bidder is expected to prepare the detailed test specification for each functional modulewhich shall cover the complete features, reports, master data, configuration and validation etc. for all varied tests to be conducted during the implementation life cycle.

a) Standalone module testing b) Integration testing c) User Acceptance Test d) Data migration testing

2.4.9. Training and change management In the response document to OPGC, bidder should explicitly mention about:

• The approach and plan for training Core / Business / Technology Team members at OPGC and end users along with the time frame, giving number of days for which each type of training will be provided

• Provide a description of the training hand‐outs / manuals to be provided The training plan as required and envisaged by OPGC is provided below.

• During the initial project mobilization phase, the core team members shall be provided brief overview trainingfor initial understanding of the ERP.

• The Core Team members shall be given in‐work traiing during the implementation phases. • After User Acceptance Testing and before Go‐Live, the end‐users of the system shall be given training.



All core and key business users would be imparted training directly by the Bidder. The end‐user trainings before go‐live would be conducted in the ‘Train the Trainer’ mode. Here the bidder would train key core and power end‐users of the system directly who will further be the trainers. Further the ‘trainers’ will then train the rest of the end users. For end‐user training before go‐live the successful bidder would be training some end‐users apart from core and business team members. The no. of users to be trained would be decided at the time of training by OPGC and successful bidder mutually.

The Bidder will be responsible for preparation of the training material and end user manuals. End user manuals should cover “how to use” concepts for all modules of the solution being implemented. Explanation for the teams to be provided by OPGC is provided below. The teams may not be independent and separate but the teams will be present in the project in spirit to support smooth completion of the project: Change Management Workshops The Bidder will suggest anticipated change management related issues and proposed solutions to overcome them. The Bidder is expected to conduct Change Management programs / workshops for OPGC senior management / end users. The change management workshops should be conducted at appropriate stages of the project and should not be less than two at each major phase by the bidder preferably after completion of each major project milestone to apprise the concerned end users of the changes decided upon. As part of monitoring overall change management of the implementation, the bidder would be responsible for creating a change management approach strategy/ report after identifying the Change Management issues around:

‐ Processes/Procedure ‐ Roles/Responsibility ‐ Organization structure/Group Working

2.4.10. Go‐Live preparedness & Acceptance Go‐Live of the solution would occur at the successful transfer of the solution into production environment (go‐live), and subsequently, a comprehensive post go‐live support shall be provided by the successful bidder. The bidder is responsible for deploying the system in Production Environment in line with the overall timelines of the project. In addition to this, upon successful deployment of solution to production environment, the successful bidder shall provide stabilization of the solution and Performance Guarnatee services as elaborated in subsequently in this tender in the “Performance Guarantee” subsection 2.4.12. User Acceptance and Go‐live Operational Acceptance Tests The Successful bidder will assist in conducting the User Acceptance Tests by creation of test scripts, supporting core team members and removing deficiencies to ascertain whether the solution or any sub‐system(s) is capable of attaining the functional and performance requirements (relating to commissioning) as specified in the Tender Documents and the Agreed and Finalized Project Plan. All deficiencies (technical and functional) arising as an analysis of the result of the User Acceptance test shall be duly be remedied by the Successful Bidder. Upon successful conclusion of any retesting if required, and upon acceptance of the results of the test, Go‐Live activities would commence. The Successful bidder will conduct Go‐live Operational Acceptance Tests to ensure that the solution is available for live transactions to attain the functional and performance requirements as specified in this document and the Agreed and Finalized Project Plan. Cutover During Go‐Live stage, successful bidder shall review the readiness for cutover. Bidder shall prepare a detailed cutover strategy comprising of all relevant cutover dimensions (e.g. data, business processes, live transactions, communications to internal and external stakeholders, etc.). In anticipation of go‐live, help desk activities should be ramped up and



resources deployed adequately to ensure that transition to production environment can be done smoothly. All activities pertaining to phasing out legacy systems should be completed by the time transition takes place to production environment and ensure that in the interim period, appropriate interfaces are there during the transition. The cut over from legacy to new ERP system should be done in accordance with the cut over strategy prepared and approved by bidder and OPGC respectively. Review of data migration, test scenarios prior to go‐live and interfaces as well as integrations shall be monitored by the successful bidder at this point. All transaction data that would be critical to functioning of the integrated solution in the Production environment should be migrated to ensure successful functioning of the system. At the successful completion of aforementioned activities, the successful bidder shall switch the ERP solution to the Production Environment and commence Go‐Live. Different modules rolled out (Go‐Live) for production will be operated in an integrated environment as per the agreed & finalized project plan. Upon successful operation of “ERP Solution” in the production environment, Go‐Live acceptance certificate will be issued 2.4.11. Post Go‐Live support

The Post Go Live Support will start from the date of Go live and continue for the period as mentioned at 4.1. During the Post Go live Support period, the Successful bidder will provide on‐site post implementation support (Mandatorily 01 Resource from each respective module). Bidder should cover the minor configuration elements changes (location change, minor field edits, enterprise structure element extensions/ changes/release strategy) as part of post go‐live support. Note: Any changes that are an enhancement in functionality and require new development/ substantial configuration may be raised as change request by bidder with proper justification for acceptance of OPGC as per their discretion. Help desk support The Successful bidder would have to setup a Help Desk comprising of core / business users from OPGC and key representatives (functional and technical) from the Successful bidder’s project team. This Help Desk would be setup to support the usage of the system, to resolve issues and ensure smooth usage. The bidder would be responsible for supporting and rectifying all issues identified, in line with the SLAs defined below. The bidder is requested to provide a manpower deployment plan for meeting post go‐live support requirements. The help desk support to users shall be provided on 24 x 7 basis. Vendor response time will be the basis for end‐user support response time in Owner’s service level agreements with the Vendor. The Vendor will follow response time as per the SLA defined at 2.4.15. The Help Desk should have established communication channels, issue reporting mechanisms, closure of issues etc. 2.4.12. Performance Guarantee of the solution The bidder will guarantee to OPGC, the performance of the Solution with respect to the parameters as achieved during Post Go Live phase. The period of Performance Guarantee (PG) shall be as per the timeline specified at 4.1.During the Performance Guarantee Period, the Successful bidder will provide on‐site post implementation support (Mandatorily 01 Resource from each respective module). Bidder should cover the minor configuration elements changes (location change, minor field edits, enterprise structure element extensions/ changes) as part of post go‐live support.



Note: Any changes that are an enhancement in functionality and require new development or substantial change in configuration, may be raised as change request by bidder with proper justification for acceptance of OPGC as per their discretion. 2.4.13. Final Acceptance of the Solution The Solution will be taken as finally accepted at the end of Performance Guarantee Period. 2.4.14. Post Implementation SupportServices The successful bidder should provide Support Services of the ERP solution for a period of One Year from the date of Final Acceptance. Towards service support, the successful bidder shall provide support of the latest version/ release at any point of time (if necessary). The support should include new releases, upgrades, updates, bug fixes, defects, incremental functionality enhancements and patches to cater to changes (including tax, legal and all statutory requirements), etc. as well as 24X7 Technical support. The successful bidder shall provide functional support and maintenance of ERP Solution, as a solution for the contract period. Annual Functional Support shall be provided by trained and experienced personnel of the Implementation Partner and would entail the following activities:

• 24x7 Support through telephone/Fax/E‐mail/Video Conferencing/ Installation visit as required. • Tuning of ERP, Databases, third party software’s and any other components provided as part of the business

solution software including reconfiguration of the system in the event of any hardware/ network failures/ if any hardware/ network components have to be replaced.

• Provide and apply SAP updates & patches as and when released. Any Upgrades of SAP Which requires substantial changes in live SAP solution shall be considered in change request mutually agree upon by OPGC and the Vendor.

• Removing bugs as and when discovered. • Successful Bidder must create and maintain a dedicated centralized Help Desk / hotline that will resolve

problems and answer questions that arise from the use of the ERP solutions. • Deployment of relevant technical/ functional / product consultants to Head Office/ Plant location (as decided

by OPGC) of the installation if deemed required based on joint consultation and agreement between successful bidder and purchaser.

• Bidder should cover the minor configuration elements changes (location change, minor field edits, enterprise structure element extensions/ changes) as part of post go‐live support.

• In case of failure of any solution, reconfiguration of system should be part of scope for bringing the system back in function is the responsibility of the successful bidder. Required casual analysis and impact analysis should be done for such events.

Note: Any changes that are an enhancement in functionality and require new development/ substantial configuration may be raised as change request by bidder with proper justification for acceptance of OPGC as per their discretion.

The successful bidder shall consider and deploy the following on‐site resources along with necessary off‐site resources during the tenure of support phase in consultation with OPGC. S/N Module No. of On‐Site

Resource 1. Finance& Controlling (FICO) 1 2. Material Management (MM) 1 3. Plant Maintenance (PM)& Project System(PS) 1



4. Document Management System & Basis 1 5. Human Resource Management (HRM) which essentially should include ESS,

Payroll, HR 1

6. ABAP & Webdynpro 1 The bidder shall submit the list of such on‐siteresources along with their respective Job Description, Experience, Role and Responsibilities and associate deliverable for approval of OPGC. However, in order to cater the on‐site requirement, off‐site resources of bidder would extend their support in such a manner that it does not hamper the support terms by any means.

2.4.15. SLA during Support The successful bidder shall adhere to the following SLA for responding to issues during Post Implementation Support, Performance Gurantee period and Post Implementation Spport phase. This is indicative only and would be finalized mutually between the bidder and OPGC.

Support Category

Criteria MaxResponse Time

Resolution

Critical The system is unable to be used for normal business activities.

30 Minutes 90 Minutes

Urgent There is a problem with part of the system, which impacts on Owner’s decision making. No viable workaround is available. There is a likelihood of financial loss.

1 Hour 4 Hours

High The efficiency of users is being impacted, but has a viable workaround.

4 Hours 8 Hours

Medium A low impact problem that affects the efficiency of users but has a simple workaround.

8 Hours 12 Hrs or Based on OEM confirmation

Low A fault, which has no particular impact on processing of normal business activities.

8 Hours 24 Hrs or Based on OEM confirmation

In case of failure to meet aforementioned response time criteria, penalty shall be imposed from each bill at the discretion of EIC. If the bidder is found to be incompetent at meeting the support guidelines, the bidder shall rectify the same, failing which the bidder would be liable to forfeit the contract. In any case of termination, the bidder would provide an adequate handover to either OPGC or incoming vendor. The approach for the handover shall be agreed beforehand between OPGC and the bidder.

2.4.16. Conflict with Existing Support Vendor

As SAP Application is already live for OPGC‐1 and undergoing support by the current implementation Vendor, hence during roll out of the solution in OPGC‐2 and subsequent Performance Guarantee support and Post Implementation support phase, the new vendor (for OPGC‐2) is expected to function in tandem with the existing vendor (for OPGC‐1). However, if any conflict arises by the current support vendor on the solution support with the roll out implementation vendor then the same shall be mutually sorted out in consultation with OPGC Project Manager. In case of any dispute, the decision of OPGC Project Manager shallbe final and biding on bidder.



3. Qualification and Evaluation 3.1. Qualification to bid The Bidder shall bear all costs associated with understanding the scope of work, bid preparation and bid submission. OPGC will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. The bidding process is open to any Authorised SAP Implementation Partner, who shall be able to supply, design, install and commission all of the components as described in the Detail Scope of work at Section‐ 2 and be able to provide Post implementation support & warranty services.

The bidders must meet the following mandatory qualification criteria with respect to the above. 3.2. Mandatory Qualification Criteria for Bidding

SN Parameter Description Supporting Documents

MQC1 Implementation capabilities in Power Generation

The Bidder/ Implementation Partner must have done end‐to‐end SAP implementation successfully in 02(two) Power sector companies of which at least 01(one) in Power Generation (IPP or CPP of minimum 120MW capacity) and 01 in any utility Companies. (Modules implemented must include FICO, MM, PM & DMS )

Documentary evidence in form of Completion Certificate or Official email confirmation from client

MQC2 Global SAP Implementation Experience

Out of these 10 implementations, there has to be a minimum of 5 end‐to‐end implementations containing at least four of the following modules. 1. Finance and Controlling (FICO) 2. Material Management (MM) 3. Plant Maintenance (PM) 4. Project System (PS) 5. Document Management System(DMS) 6. Human Resource Management (HRM)

Documentary evidence in form of Completion Certificate or Official email confirmation from client

MQC3 Indian SAP Implementation Experience

The Bidder/ Implementation Partner must have done at least 5 successful end‐to‐end SAP implementation in an Indian company. All the implementations should have been done for at least four of the following modules, with a user base of 150 or more. 1. Finance and Controlling (FICO) 2. Material Management (MM) 3. Plant Maintenance (PM) 4. Project System (PS) 5. Human Resource Management (HRM)

Documentary evidence in form of Completion Certificate Official email confirmation from client



SN Parameter Description Supporting Documents

MQC4 Financial Stability, Manpower & Quality

a) The company’s turnover from IT Application Implementation and Systems Integration services for the last three financial years (2014‐15, 15‐16 and 16‐17) should be at least INR 100 crores for each of the three years and should have a positive net worth in each of the last three years.

b) The Implementation Partner should have its Delivery

Centre / R& D / CoE in India with overall employee strength of not less than 500 employees on its payroll as on 31stDec 2017. The Implementation Partner shall have a Delivery staff strength of at least 50 SAP Certified personnel on its payroll, as on 31st Dec 2017.

c) The Implementation Partner should have a CMMI

Level III Certification or ISO 27001 certification or similar SEI certification.

Audited Financial Statements (Balance Sheet, Profit Loss Account / Statement of Profit and Loss etc) for the each of three years Self‐certificate from company’s authorised signatory along with authorized valid signatory Copy / details of certificate

MQC5 Alliance with Vendors / Vendor Accreditation

The Implementation Partner (IP) needs to be an authorized partner of SAP for the offered SAP product.

SAP declaration document highlighting the vendor partnership with SAP

MQC6 Company documents a) Initial company formation documents

b) PAN and other tax details

Certificate of Incorporation. Memorandum of Association / Articles of Association. Scanned copy of valid GSTNTax Registration Certificate and PAN.

Bidders to note that “No consortium or subcontracting will be allowed” for participating in the tendering process. Note:

Please note that the bidder should prepare a summary table (as per MQC table worksheet of “MQC Tabulation summary” excels that

can be downloaded as part of the RFP. Please note that the bidder would be responsible for completing Columns E and F

respectively, and providing the same in excel format as part of “Technical Evaluation Sheet. Xlsx” of the submitted bid, mentioned in

section 4.3.

With regards to the bidder’s international customers only, if the bidder is under obligation not to disclose the required supporting

documents, the bidder shall submit an undertaking stating the details of their experience for their international customers on

Company Letterhead with Company Seal duly signed by the authorised signatory of the bidder.



3.3. Evaluation & Comparison of Bids Stage‐1: Preliminary Examination of Proposals (Qualification requirement & Original EMD) OPGC will examine the Proposals to determine whether they are complete, whether required EMD have been furnished, whether the documents have been properly signed, and whether the Proposals are generally in order. If a Proposal qualifies as per Mandatory Qualification Criteria, then Bid shall be considered for next stage of evaluation. Stage‐2: Techno – Commercial evaluation:

The technical scores will be calculated as

Technical Evaluation for SAP Implementation

Ts= (Tb1/Tmax1)*100

Where

Ts = Normalized technical score of the Bidder under consideration,

Tb1 = Evaluated technical score for the Bidder under consideration,

Tmax1= Maximum evaluated score for amongst all the Technically Qualified bidders.

If the Techno Commercial Bid fails to meet minimum criteria of 75, Techno Commercial Bid will be rejected and the Price Bid will not be opened. The Techno Commercial Bid with highest evaluated rating will receive the maximum marks of 100. The number of points awarded to the other Techno Commercial Bids is arrived at by dividing the rating of each by the rating of the top Bid, and then multiplying by the maximum possible number of points.

OPGC shall notify the bidders that have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals. The bids will be evaluated on the following Technical evaluation criteria (TEC):

TEC a ‐ Clarity & completeness of the Bid – 5%

TEC b ‐ Credentials of the bidder in implementing SAP (40%) – Breakup as below

TEC b (i) ‐ For Indian Customers covering at least FOUR of the following modules (SAP FICO, MM, PM, PS, HR, ESS, DMS) of which FICO, MM, PMare mandatory – 20% TEC b (ii) ‐ For Global Customers covering at least FOUR of the following modules (SAP FICO, MM, PM, PS, HR,ESS, DMS) of which FICO, PM are mandatory – 10% TEC b(iii) ‐ Customers in the Power Generation Companies / CPP where SAP has been implemented by the bidder – 10% Note: The above details should be populated in the “Credential in SAP Implementation” worksheet of “Technical Evaluation sheet.xlsx” attached with this RFP and provide Y/N in the respective column (TEC b(i), TEC b(ii), TEC b (iii)) against each citation provided by the bidder.



TEC c ‐ Bidder’s Project Implementation Methodology, Project Management approach & depth of SAP Centre of Excellence (CoE) ‐ 10%

The bidder must carry out the implementation based on a well‐defined and latest methodology to jumpstart the implementation process and cut‐down on the overall implementation time. The bidder must have sufficient prior experience in using this methodology on sustained basis in implementing SAP in Power Generation Companies.

Bidder has to consider the following aspects in addition to above

1. The bidders are to provide innovative and proven value addition to the standard ASAP methodology and clearly indicate how it can benefit the overall Project deliverable.

2. Project Control and Governance Mechanism such as Overall Project Team structure, Review and Escalation methods, etc.

3. Showcase an SAP Center of Excellence and proposed tools and frameworks derived from the CoE that would be applied for this engagement (e.g. help desk monitoring, issue management tools, reusable components, similar engagement best practice incorporation, process beneficiation, etc)

4. Understanding of the functional scope of the project and how best it could be solutioned in SAP.

TEC d ‐ Bidder’s Resource Strength in SAP – List of Certified SAP professionals employed in organization’s payroll in India ‐ 10%

TEC e ‐ Capability and experience of key personnel – 20%

Role Criteria

Project Manager Minimum 07 Years’ experience having at least three (03) SAP implementation cycle experiences

Delivery Manager Minimum 07 Years’ experience having at least three (03) SAP implementation cycle experiences

Organization Change Management Lead

Minimum 07 Years’ experience having at least three (03) project experience as Change Management Lead

Functional Integration Lead / Sr. Consultant

Minimum 06 years of experience in SAP implementation which includes at least one project experience in a Generation plant.

Technical Leads Minimum 06 years of experience in Technical Lead position having at least (02) two SAP implementation cycle experience for the offered product which includes experience in developing custom components / building interfaces to legacy applications

Functional/Technical Consultant Minimum 04 years of experience in SAP implementation including at least (01) one complete SAP implementation cycle experience for the function for which he/ she is proposed to represent

ABAP/BASIS/ Technical Consultant Minimum 04 years of experience in SAP implementation in the pertinent field

Note: The above details should be populated in the “Experience of Key Personnel” worksheet of “Technical Evaluation sheet.xlsx” attached with this RFP against each role mentioned.



TEC f ‐ Presentation ‐ 15%

Qualifying bidders would be expected to give a presentation of the proposed SAP solution at OPGC, at a time and place of the Owner's choosing, which would inter‐alia include the following:

1. Understanding of scope & requirements 2 Solution approach 3. Project management approach, implementation methodology 4. Resource loading 5. Differentiators and use of knowledge base, SAP CoE

The time, place and duration of this presentation shall be communicated at a later date. The presentation should include the following from the bidders end ‐ proposed project manager, account manager.

Note:

Please note that the bidder should prepare a summary table (as per Evaluation Criteria worksheet of “Technical Evaluation criteria” excels that can be downloaded as part of the RFP. Please note that the bidder would be responsible for completing the necessary information sought, and providing the same in excel format as part of the submitted bid. The bid would be deemed incomplete without this information.

With regards to the bidder’s international customers only, if the bidder is under obligation not to disclose the required supporting documents, the bidder shall submit an undertaking stating the details of their experience for their international customers on Company Letterhead with Company Seal duly signed by the authorized signatory of the bidder.

Also note, "SAP users" means transactional licensed users. Any licenses for Payroll or Web based Services (e.g. ESS) to Employee will not be accounted for above.

Stage‐3: Price Evaluation: OPGC will examine the Price Proposals to determine whether any arithmetical errors have been made,

whether the documents have been signed, and whether the Proposals are generally in order. Arithmetical errors will be rectified on the following basis.

• If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between subtotals and the total price, the unit or subtotal price shall prevail, and the total price shall be corrected.

• If there is a discrepancy between words and figures, the amount in words will prevail. If a Bidder does not accept the correction of errors, its Proposal will be rejected and its bid security may be forfeited.

E‐Reverse Auction will be conducted for the aforementioned works. Bidders are requested to go through the E‐Reverse Auction & its Rules & Regulations stipulated in section 7.0 After completion of e‐Reverse Auction, OPGC shall open the manual price bids submitted during tendering. The lowest evaluated bid of all the bids submitted in manual and e‐Reverse Auction process shall be considered for further evaluation. The evaluation shall be based on the evaluated cost obtained through price comparison, discovered through E‐



RA and manual price bid of completing the contract in compliance with all commercial, contractual and technical obligations under this Bid including taxes, duties & levies etc. The commercial scores will be calculated as Fn = Fmin / Fb * 100 Where Fn = Normalizd financial score of the Bidder under consideration, Fb = Evaluated cost for the Bidder under consideration, Fmin = Minimum evaluated cost amongst the techno‐commercially successful bidders

Note: ‐ The Minimum evaluated cost will receive maximum mark of 100.

Stage – 4: Final Evaluation:

The overall score will be calculated as follows:‐ Bn = 0.7 * Ts + 0.3 * Fn Where Bn = overall score of Bidder under consideration Ts = Normalized technical score for the Bidder under consideration Fn = Normalized financial score of the Bidder under consideration

3.4. Award Criteria

OPGC will award the contract to the successful bidder whose bid has been determined to be substantially responsive and to be economically advantageous, which will be established by weighing Techno‐Commercial quality against price on a 70:30 basis.

The selected Bidder for OPGC shall be the bidder with the highest score as per final evaluation.

3.5. Negotiation The selected bidder will be notified in writing by OPGC inviting him for further Negotiations. 3.6. Signing Of Agreement

On finalization of negotiation, to the mutual satisfaction of both the parties, OPGC shall invite the selected bidder through Letter of Award (LOA) for the signing of the Agreement. The selected bidder shall execute the Agreement within a period specified in the LOA from OPGC. The Agreement is to be signed in English language in two originals, one each for OPGC and the Bidder.

Within 14 days of signing of the Agreement, the Bidder shall submit One Original and Two Photo Copies of the entire contract document duly bound to OPGC.

The Bidder shall submit the following documents for signing of the formal Agreement: a) Copy of detailed LOA duly signed on all pages as a token of acknowledgement of receipt. b) Security Deposit as in the form of Bank Guarantee as per proforma Bank Guarantee for security deposit in

the contract document. c) Non‐Judicial Stamp Paper of value Rs.100/‐ purchased in Odisha, India for the signing of Agreement. d) Permanent Account Number of all consortium partners allotted by Income Tax Department. e) Self‐attested Photostat copy of Notarized Power of Attorney by the Competent Authority or Board of

Director’s resolution authorizing the individual(s), to sign the Agreement. f) Self‐attested Photostat copy of the Registration under Odisha State VAT, Service Tax, as applicable.



3.7. Failure to Commence the Work

In case of failure to commence the Work within the 15days after issue of LOA, the LOA will be terminated and the Bidder will be liable to be debarred from participation in the Owner’s Tenders for a period of two (2) years, besides forfeiture of EMD.



4. Deliverables & Timeline

4.1. Timelines The proposed SAP implementation timeline is as follows. Roll Out of existing SAP Modules & Implementation of Additional Modules:

Sl. No. Project Activity Duration (in Months)

1. Implementation Go‐Live 4 months from Kick‐Off2. Post Go‐Live Support 2 Months from end of Go‐Live 3. Performance Guarantee (PG) 6 Months from end of Post Go Live Support4. Final Acceptance (FAC) End of PG5. Post Implementation Support Service 12months from FAC

The Bidder should propose timelines for the various phases/ activities in such a manner that overall timelines mentioned above are maintained. The tasks that are provided in the deliverables but not listed in the delivery schedule are to be performed by the bidder in such a manner that it will not affect the project schedule. 4.2. Deliverables The following table lists out the “salient” indicative deliverables in pertaining to individual phases of the project (in addition to the following, the bidders would also be responsible for creating deliverables based on the scope of work.

Sl No

Brief Scope Description Deliverables

1

Study the Scope of the work with respect to existing processes, requirements, data availability, integration, customization etc., in particular the Functionality Requirements, System Requirements, and provide observations/understanding of the total work, resource commitment. Bidder will Study the broad project schedule and preparation of detailed project plan highlighting critical path present his conclusions in the form of a Report and a presentation to the Project management team

Detailed project planInitial/ Kickoff presentation

2 Training/Workshop to all core team members for ERP awareness and workshop with senior management

Initial Workshop (s)

3

Study of the current business blueprint documents for the modules implemented in OPGC‐I, requirement study for OPGC‐II, suggest suitable changes as may be necessary and prepare a new set of Business Blueprint Documents. For additional modules, study the business processes, which would be covered in the implementation, validate this list and suggest suitable changes as may be necessary and prepare the Business Blueprint document.

Business Blueprint Document and final RICEFW List

4 Identify the customization requirement after OPGC finalizes its decision to adopt some or all of the best practices of the ERP. The business blueprinting is done in this design phase

Customization Requirement report and Business Blueprint document

5 Submit the Access control matrix template to Owner, after the template is filled up, Configure the access control matrix in the application

Access control matrix Template and the configured application print of the user access.



4.3. Performance Parameters

Response Time for Tests:

User Activity to be guaranteed by the vendor Time Menu Navigation – Displaying the appropriate menu as per defined user role and profile

< 1 sec

Screen Opening – Display of the selected data entry screen from the menu < 2 sec Field Navigation – Navigation between different data entry fields in the Screen < 1 sec

6 Finalization and configuration of user Role Authorization User Role Authorization document

7 The Vendor will provide the template in which each data element to be converted must be provided by Owner and must assist in data collection for feeding to ERP system

Data conversion template

8 Process and methodology adopted for Quality Assurance must be documented and periodic reports submitted to the project management team.

Quality assurance process document

9 Provide a comprehensive cutover Strategy for going live with SAP considering all necessary business, data, personnel, process transitions

Cutover Strategy document

10 Provide testing strategy Testing Strategy document

11 UAT User Acceptance Testing document

12 Delivery of the configured and customized ERP solution to cater to business requirements as envisaged in BBP / any mutually agreed subsequent changes

Configured and customized ERP solution (ready for deployment in production environment)

13 Training to Core, Business and End Users Training requirement report, Training Curriculum and Training materials

14 Train the Trainer and Change Management workshop Change management approach report

15

The Vendor will conduct change management programs on one‐on‐one individual basis or in groups and at different locations, will propose effectiveness measurement criteria on change management and its monitoring and give a report /presentation to the Project management team on anticipated change management related issues and proposed solution to overcome them.

Change management Workshops

16

The supplier shall prepare System Manual / User Manual in adequate detail for use by appropriate level of user to use system effectively. The Manuals must be exhaustive and shall contain detailed, step by step instruction for smooth access to, operations in and exit from the system

System and User manuals

17 Post Go Live Support Intensive Post Go Live Support

18 Warranty support services for ERP System Support with bug fixes, configuration, new releases, etc.Documentation update

19

The Vendor is expected to transfer knowledge to Owner and provide guidelines in setting up and managing an SAP Helpdesk. The knowledge and guidelines will encompass all aspects of the help desk such as configuration, report writing, database administration, system administration etc.

Knowledge transfer

20 The Vendor will be responsible for providing a detailed upgrade policy for the upgrade (minor as well as major) of all applications being implemented as a part of this Project implementation.

Application upgrade policy

21 The Vendor will also provide a patch application guideline based on the best practices in this regard

Patch application guidelines



Look up response – Display of items from a List of Values < 1 sec Look up response – To display items from table <5 sec Screen Navigation – Navigation between different data entry screens (from one to another)

< 1 sec

Transaction Commit – Transaction saving after completing the data entry < 2 sec Query retrieval – Online query entered by the userSimple query Medium Complexity query High Complexity query

< 5 sec < 8 sec < 15 sec

Reports response – Report fired by the user from the Report GeneratorSimple Report Medium Complexity report High Complexity report

< 10 sec < 30 sec < 1 min

The Response time mentioned above should be measured by using standard testing tools. The response time will be tested at 65% concurrent users.



5. Price Schedule and Payment terms

5.1. Price Schedule for Project 5.1.1. Implementation of Roll‐Out in OPGC‐II & Additional Modules

SN Description UOM Qty FOR Unit Rate in INR inclusive of all taxes & Duties except GST

Amount in INR

GST in INR

Total Amount in INR

P1 P1.1:

SAP Roll Out in OPGC II and DMS Implementation

LS 1

P2 Warranty support for Yr 1 LS 1

Total Amount (A)

Total Amount (A) in words:______________________________________________________________________ only

5.1.2. Change Request & Scope change

SN Description MandaysRate in INR

Taxes & Duties in INR

1 RICEFW

Total Amount (B)

Total Amount (B) in words:______________________________________________________________________ only

Net Total Amount (A + B) in figures: ________________________________________

Net Total Amount (A + B) in words: __________________________________________________ only

Note: Bidder has to use the above Price Bid/schedule Format failing which Bid will be rejected.



5.2. Payment terms

Milestone Vendor Deliverable Percentage Payment

Payment component

Duration in Months

1 Project Start Project Preparation (Resource mobilization, Project Kick‐off, core team finalization, and detailed Project Plan)

10% P1 4

2 End of Core Team Training

Completion of Core Team Training 5% P1

3 End of Business Blueprint

Completion of business process study & business blueprinting and respective sign‐offs

15% P1

4 End of Final Realization

Completion of business process Configuration, Master data configuration and Integration Test Report

15% P1

5 End of Final Preparation

System ready for Live Transactions, Completion of UAT

15% P1

6 Go Live After issue of Go‐live acceptance certificate

15% P1

7 Post go‐live support

Successful completion of Post‐go live support

10% P1 2

9 End of performance guarantee period

End of performance guarantee period successful signoff ( end of 6th month)

15% P1 6

10 Warranty support services for ERP System for one Year

Support with bug fixes, configuration, new releases, etc. (at end of each quarter)

25% payable quarterly

P2 12

NB: The payment shall be made based on the achievement of the above milestones. The expected timeline is for explanation purpose.



6. CONDITIONS OF CONTRACT a. Agreement: The vendor selected for award of contract shall be entitled to enter into an agreement with

OPGC. b. Scope of Agreement:

The Scope of Agreement covers work to be executed as indicated in the scope of work at Section 2 along with the supporting information provided. Unless otherwise expressly limited, the Vendor’s obligations involve implementation, integration, testing, acceptance, achieving go‐live, training, change management (if required), stabilization of the Project, provision of all the Project components and materials as well as performance of all Services, as tendered in this document & in accordance with the plans, procedures, specifications, and any other documents specified in the Agreement and the Project Plan, at no additional cost.

c. Term of Agreement • The Effective Date of the Agreement shall commence from the signing of Agreement. Time period

for implementing the Project is 6 months (4 Months till Go‐live and 2 months for Post Go‐Live) from Kick Off date of the Project.

• The Time period for the Performance Guarantee is 6 months from end of Post Go Live Support. The Warranty Support is for 12 Months from the end of Performance Guarantee .

• The Owner has the right to extend the service term by additional periods, on at least 30 days’ notice before the expiry of the current service term.

• The Vendor should bear in mind that the stipulated time for completing the scope as per the Agreement is the essence of the Agreement, unless such time is extended pursuant to the provisions of this Agreement.

d. Termination of the Agreement I. Termination of Agreement on Vendor's Default The Owner, without prejudice to any other remedy for material breach of Agreement, by written notice of default sent to the Vendor, may terminate this Agreement in whole or in part: • If the Vendor materially fails or delays to complete any part of the work or all of the goods within

the period(s) specified in the Agreement, or within any extension thereof granted by the Owner. • If the Vendor fails to perform any other obligation(s) under the Agreement. • If the Vendor, in the judgment of the Owner has engaged in Corrupt Practices or Fraudulent

Practices in competing for or in executing the Agreement. For the purpose of this clause: "Corrupt Practices" means the offering, giving, receiving or soliciting of anything of value to influence the action of any official, be it from the Owner’s organisation or any other Govt. or non‐govt. body, in the procurement process or in Agreement execution. "Fraudulent Practices" means a misrepresentation of facts in order to influence a procurement process or the execution of an Agreement to the detriment of the Owner and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non‐competitive levels and to deprive the Owner of the benefits of free and open competition". In the event the Owner terminates the Agreement in whole or in part, the Owner may procure / get repaired, upon such terms and in such manner as it deems appropriate, Goods or Services similar to



those undelivered / un‐repaired, and the Vendor shall reimburse the Owner any excess costs for such similar Goods or Services. However, the Vendor shall continue performance of the Agreement to the extent not terminated. II. Termination for Insolvency of the Vendor The Owner may at any time terminate the Agreement by giving written notice to the Vendor if the Vendor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Vendor, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Owner. III. Termination of Agreement on Owner's Initiative • The Owner reserves the right to terminate the Agreement either in part or in full due to reasons

other than those mentioned under clause entitled "Vendor's Default". The Owner shall in such an event give thirty (30) days’ notice in writing to the Vendor of his decision to do so.

• The Vendor upon receipt of such notice shall discontinue the work on the date and to the extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders and Agreement to the Owner, stop all further sub‐contracting or purchasing activity related to the work terminated, and assist the Owner in storage, maintenance, protection, and disposition of the works acquired under the Agreement by the Owner.

• In the event of termination for whatsoever reason, the Vendor shall be paid equitable and reasonable compensation, as deemed appropriate under the circumstances prevalent at the time of termination.

• In the event of support service, if the Owner is not satisfied with the support & service of the vendor, Owner may terminate the Contract by giving 30 (thirty) days notice. The vendor shall hand‐over proper documentation, configuration document, database and providing training to new consultant appointed by Owner.

e. Price: The rates shall be quoted as per the prescribed price schedule of project stipulated in 5.1. f. Taxes, Duties & Statutory deductions:

Taxes & Duties • The price shall be inclusive of all taxes, duties cess and any other taxes imposed by

State/Central/Local authorities etc but excluding applicable GST. • New taxes & levies, if any, as may be applicable, shall be reimbursable against documentary proof to

be submitted by the Vendor. Any omission, or non‐inclusion, either declared or not declared, of any taxes and duties that are applicable at the time of submission of price bid/revised price bid /revision in prices shall not be considered as a reason for reimbursement of such taxes and duties at a later date.

• If the work is delayed for the reasons attributable to Owner and extension of the time for completion is granted, variation in taxes and duties enacted during Contractual completion/execution period, the adjustment in contract price shall be allowed within the extended period of the Agreement. Similarly, if the work is delayed for the reasons attributable to the Vendor, variations in taxes and duties will not be paid.

• The Vendor shall bear and pay all the liabilities in respect of non‐observance of all legal requirements as per various statutory provisions.



• Invoice shall be submitted by the Vendor members as per the GST Law duly complying with the procedure and conditions stipulated by tax authorities to facilitate Owner to claim ITC if any.

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

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

Deduction of Taxes At Source • Deduction of income tax at source shall be calculated at the rate prescribed from time to time under

the Income Tax Act 1961 and other relevant sections of Income Tax Act shall be made from the bills of the Vendor and the amount so recovered shall be deposited with the Income Tax Department. Necessary TDS certificate to this effect will be issued to the Vendor in the prescribed pro‐forma within statutory dates.

• If any other taxes / duties / cess etc are to be recovered at source as per government regulations / Legislation from time to time, the same shall be recovered from the bills payable to the Vendor. Necessary receipt to this effect will be issued to the Vendor in this regard as per the applicable legislation.

g. Offloading of job: In case it is observed during the tenure of the contract that you are not capable or in a position to

complete the job, OPGC reserves the right to offload the same and get it done through other agencies at your cost and risk.

h. Employees Provident Funds and Miscellaneous Provisions Act 1952 & Employees State Insurance Act 1948 • The Vendor shall ensure strict compliance of provisions of the Employees’ Provident Funds and

Miscellaneous Provisions Act 1952 and the schemes framed there under so far as they are applicable to their establishments and agencies engaged by them. The Vendor is also required to indemnify the Owner against any loss or claims or penal damages whatsoever resulting out of non‐compliance on the part of the Vendor with the provisions of the aforesaid Act and the schemes framed there under.

• The Vendor agrees to maintain all statutory records as required under various labour laws in respect of employees and payments. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Vendor’s account.

i. Security, Statutory and Safety Regulations • The Vendor shall abide by all the safety and security regulations of Owner in force and promulgated

from time to time and other statutory requirements. The Vendor shall be responsible for the safety of all employees and/or workmen employed or engaged by them on and in connection with the work and shall report to Owner and other local authorities concerned all cases of accidents howsoever caused and wherever occurring on the works and shall make adequate arrangements for rendering immediately all possible aid to the victims of the accidents. Owner’s safety rules &regulations are detailed in Annexure.

• Owner shall not be in any way held responsible for any accident or damages incurred and claims arising there from during the period of installation, testing, commissioning and stabilizing IT solution.



The Vendor shall be responsible for following the provisions of all safety laws and rules made there‐under and other statutory requirements at his own cost.

• The Vendor shall arrange to obtain from Owner the required gate pass for entry and exit to Owner’s plant site and other protected areas for each one of its engineers/specialists, representatives/ agents, supervisors, workmen and staff as per Owner’s prescribed procedure and format. Each entry and exit gate pass shall contain the photograph of the person concerned. In the event of loss and/or damage to the gate passes, the Vendor shall pay to Owner the prescribed penalty before a new entry and exit gate pass can be issued. Owner’s security department and the concerned officer/ engineer shall have the right to refuse the entry and exit gate passes to any worker or representatives of the Vendor without assigning any reason.

• The Vendor shall register all equipment that may be taken inside the plant area in order to facilitate the issue of exit gate permits for such items to be taken out after the completion of work.

• The Vendor shall not employ for the purpose of the Work, any person below the age of 18 years. Owner shall have the right to decide whether any person employed by the Vendor is below the age limit, and to refuse to allow any person, whom he considers to be under‐aged to be employed by the Vendor.

• Factories Act, 1948: The Vendor shall follow the provisions of Indian Factories Act, Contract Labour (R&A) act 1970, Employees Compensation Act 1923 and other applicable Acts and rules made there under from time to time as applicable, and shall indemnify Owner against all claims of compensations under the provisions of the Act in respect of workmen employed by the Vendor in carrying out the works and against all costs and expenses or penalties that may be incurred by Owner in connection therewith.

• The Vendor shall submit labour license (if required). • The Vendor shall ensure that no explosive or inflammable material are used or stored at the Project

Site. In the event such material are essential as part of execution of the Project work, written permission shall be sought from the Project Manager / Owner’s representative and it shall be the sole responsibility of the vendor to ensure acquisition of necessary statutory permits and clearances and proper storage and handling of such material.

j. Obligation of Vendor: • The Vendor has the overall responsibility of implementing, conducting Tests, successful running and

stabilization of the Project. • The Vendor shall be responsible for timely provision of all resources, information, and decision

making under its control that are necessary to reach a mutually accepted Project Plan and the Scope of work at Section 2.

• The Vendor shall appoint its representative within seven (07) days of signing of the Agreement after mutual discussions and written approval of Owner. The Vendor’s representative shall have the authority to represent the Vendor on all day‐to‐day matters relating to the Project.

• The Vendor shall provide the key personnel namely the project leader, module leaders, quality assurance personnel any specialist / analysts required as appropriate, and having sufficient experience in terms of relevance and number of years required to implement the Project. Should the profile of any personnel not be acceptable to Owner, Owner will require the Vendor to suitably replace such personnel. The key personnel are to be assigned to the project on full time basis and to the satisfaction of Owner. If for any reason beyond the control of the Vendor, there arises a need to replace any personnel, the Vendor shall provide a replacement person of equivalent or better qualification and experience, subject to the written approval of Owner. Further, at any time in the opinion of the Project Manager, any additional, qualified, experienced engineer is considered



necessary; they shall be deployed by the Vendor without any additional charge. The Vendor shall ensure to the satisfaction of the Project Manager competent and efficient supervision in the Implementation of the Project.

• In case project gets delayed due to any reason attributed to Vendor, the annual technical support / maintenance up to the stabilization acceptance of the project shall remain in the scope of the Vendor with no financial implication on Owner.

• The vendor has overall responsibility of providing post implementation support services for the successful running of the System(s) as per the scope outlined in this Agreement and any further terms and conditions as may be stipulated at the time of execution of the contract for post go‐live support and warranty support.

• The Vendor shall ensure that all technology and equipment used to perform and deliver the Services is not obsolete and is kept in good working order at all times.

• The Vendor’s representative and staff are obliged to work closely with Project Manager / Owner’s representative and act within their own authority, and abide by directives issued by Owner that are consistent with the terms of the Agreement. The Vendor’s representative is responsible for managing the activities of its personnel.

• In the event if any discrepancy with respect to the qualifications of the employees of the Vendor is detected by Owner then the Vendor shall appoint a replacement to such objection immediately in accordance with this clause.

• The Vendor’s representative may, subject to the written approval of Owner (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions, and authorities vested in him. Any such delegation may be revoked at any time with prior notice signed by the Vendor’s representative and shall specify the powers, functions, and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy of such a notice has been delivered to the Project Manager / Owner’s representative. Any act or exercise by any person of powers, functions and authorities so delegated to him or her shall be deemed to be an act or exercise by the Vendor’s representative.

• The Vendor shall acquire in its name all permits, approvals, and/or licenses from all local, state, or national government and other statutory authorities and/or public service undertakings that are necessary for the performance of the Agreement.

• Neither the Vendor nor its personnel shall during the term of the Agreement, engage in any business or professional activities in India/abroad which would conflict with the activities assigned to them under this Agreement

• The Vendor is responsible for performing and safely storing, timely and regular backups of its data and Software in accordance with accepted data management principles, except where such responsibility is clearly assigned to Owner elsewhere in the Agreement.

k. Vendor’s Staff and their Conduct

• If any of the Vendor’s employee, in the opinion of Project Manager / Owner’s representative, be found guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the Project Manager / Owner’s representative, undesirable for administrative or any other reasons, for such person(s) to be employed for providing desired services, then at the directions of the Project Manager / Owner’s representative, the Vendor shall at once remove such person (s). Vacancy so created shall be immediately filled at the expense of the Vendor by a qualified and competent substitute. Should the Vendor be requested to



repatriate any person or removed from this Agreement, he shall do so and shall bear all costs in connection therewith.

• The Vendor shall be solely responsible for the proper behaviour of his employees and staff employed by him/deputed by him to provide IT Solution. The Vendor shall exercise proper degree of control over them and in particular without prejudice to the said generality the Vendor shall be bound to prohibit/prevent any of his employees (as stipulated above) from trespassing or acting in anyway detrimental or prejudicial to the interest of the community or the properties or occupiers of land or properties in the neighbourhood. In the event of such trespassing, the Vendor shall be responsible for all consequent claims or actions for damages or injury or any other grounds whatsoever. The decision of the Project Manager / Owner’s representative upon any matter arising under this clause shall be final.

• If the Vendor or their employees damage, break, deface the property belonging to the Owner or others during the execution of the Agreement, the same shall be made good by the Vendor at his own costs and expense, the Project Manager may cause the same to be made good by other agencies and recover expenses from the Vendor for which the certificate of the Project Manager shall be final.

• All Vendors’ personnel entering Owner’s premises shall be properly identified by badges of a type issued by Owner as per prevailing rules and must be worn at all times on Owner’s premises.

• It is made clear that no relationship of Owner and employee is created between Owner and the Vendor’s resident engineers, employees and no claim for employment of any such personnel shall be tenable or entertained.

l. Vendor Responsibility with Other Agencies • Without repugnance to any other condition, it shall be the responsibility of the Vendor not to divert

or withdraw the people working for IT solution for any other service contract with Owner. No claim shall be entertained on account of above.

• The Vendor shall conform in all respects with the provisions of any statutory regulations, ordinances or byelaws of any local or duly constituted authorities or public bodies which may be applicable from time to time to the consulting services work.

• All notices, instructions, information, and other communications given by the Vendor to Owner under the Agreement shall be given to the Project Manager / Owner’s representative.

• The Vendor shall make its own arrangements for movement of personnel and equipment, within and outside the sites / units / offices at the various locations covered.

m. Obligation of Owner • Owner shall appoint a Project Manager and notify the Vendor in writing the name of the Project

Manager within seven (07) days of signing of the Agreement. Owner may also from time to time appoint some other person as the Project Manager in place of the person previously so appointed and shall give a notice of the name of such other person to the Vendor without delay. The Project Manager shall have the authority to represent Owner on all day‐to‐day matters relating to the Project or arising from the Agreement. All notices, instructions, orders, certificates, approvals, and all other communications under the Agreement shall be given by the Project Manager, except as otherwise provided for in the Agreement.

• Owner shall be responsible for timely constitution of core team and provision of resources, necessary access, and information for the installation, commissioning and Go‐live of the Project as identified in the Project Plan, except where provision of such items is explicitly identified in the Agreement as being the responsibility of the Vendor.



• Unless otherwise specified in the Agreement or agreed upon by the Parties, Owner shall provide personnel, to properly carry out commissioning, Go‐live (including successful running and stabilization of the system), at or before the time specified in the Project Plan.

• Owner will designate its appropriate staff for the training courses to be given by the Vendor and shall endeavour to make all appropriate logistical arrangements for such training as specified in the Project Plan.

• Owner shall ensure the availability of all information and/or data to be supplied by Owner to the Vendor.

• The Project Manager / Owner’s representative may at any time delegate/revoke to any person any of the powers, functions, and authorities vested in him or her of which due notice in writing will be given. Failure of the Project Manager to reject any part of the IT Solution viz., software modules, equipment, Materials, workmanship etc., or to disapprove any service or materials shall not prejudice the Owner to reject such software module, equipment, Materials, workmanship etc., or to disapprove such work or materials and to order re‐supply of such software module, equipment & Materials or to pull down, remove or break up such disapproved service at the cost of the Vendor, provided the Vendor fails to comply with the direction and requirement of the Owner there off. The decision, opinion, certificates or valuation of the Owner in respect of any matter under this clause shall be final, binding and conclusive. If the Vendor is dissatisfied by reason of any decision, opinion, direction, certificate or valuation of the Project Manager / Owner’s representative, they shall be entitled to refer the matters to the Owner who shall thereupon confirm, reverse or vary such matters.

• Owner by notice to the Vendor may object to any representative or person employed by the Vendor in the execution of the Agreement who, in the reasonable opinion of Owner, may have behaved inappropriately, be incompetent, or be negligent. Where upon the Vendor shall remove such person from work on the Project. If any representative or person employed by the Vendor is removed, the Vendor shall, where required, promptly appoint a replacement.

n. Workplace/Facilities for Vendor’s Site Office

• Owner shall provide the office space and other essential work facilities within its premises for the Vendor’s team.

• Suitable workspace in the respective sites/offices may be provided to the Vendor subject to the availability, free of charge. However, providing such space and store is for the smooth execution of Agreement and non‐provision of such space does not bind Owner and make Owner liable to the Vendor in any manner except as specifically provided in the Agreement terms. Owner is not liable for any loss or damage to the Vendor’s equipment/material as a result of variation in voltage or frequency or interruption in power supply or other loss to the Vendor arising there from.

• Owner will supply electric power 220/440V, single phase/3 phase, 50 cycles from the nearest established substation free of cost, for the site works and approved site offices. Only one outlet will be provided from the point of supply.

• Though efforts will be made by Owner to maintain regular power supply, Owner shall not be responsible for any failure in power supply and any consequences arising there from. The Vendor shall obtain the approval of the Project Manager / Owner’s representative for installation of machinery and electric power supply connection to them. The Vendor shall be responsible for any defect therein. Any defects pointed out by the Owner in the distribution system shall be rectified forthwith to the satisfaction of Project Manager / Owner’s representative by the Vendor, failing which the power supply may be cut off by the Owner.



o. Accommodation and Transportation Residential accommodation and Transportation will be provided by Owner to the staff of Vendor on chargeable basis subject to availability.

p. Implementation Plan Project Plan • In close cooperation with Owner and based on the preliminary Project Plan included in the Vendor’s

bid, the Vendor shall develop a project plan hereinafter referred to as “Project Plan” encompassing the activities specified in the Agreement.

• The Vendor shall formally present to the Owner the Project Plan in accordance with the technical requirements. The Vendor has to specify the strategy and methodology with time frame and the synchronization of various phases of the Project to ensure completion of the Project in time. The Project Plan shall also include a PERT chart describing the activities, resources required on the time for completion. The Project Plan shall also bring out the critical areas needing continuous attention of Owner.

Design and Development • Vendor shall execute the basic and detailed design and the implementation activities necessary for

successful implementation of the Project in compliance with the provisions of the Agreement or where not so specified, in accordance with best industry practice.

• The Vendor shall be responsible for any discrepancies, errors or omissions in the specifications, and other technical documents that it has prepared, whether such specifications, drawings, and other documents have been approved by the Project Manager or not, provided that such discrepancies, errors, or omissions are not because of inaccurate information furnished in writing to the Vendor by or on behalf of Owner.

Approval/review of technical documents by Project Manager • The Vendor shall prepare and furnish to the Project Manager the documents as specified in the

technical requirements for the Project Manager’s approval or review. • Within twenty one (21) working days after receipt by the Project Manager of any document

requiring the Project Manager’s approval, the Project Manager shall either return one copy of the document to the Vendor with its approval endorsed on the document or shall notify the Vendor in writing of its disapproval of the document and the reasons for disapproval and the modifications that the Project Manager proposes.

• If the Project Manager disapproves the document, the Vendor shall modify the document and resubmit it for the Project Manager’s approval. If the Project Manager approves the document subject to modification(s), the Vendor shall make the required modification(s), and the document shall then be deemed to have been approved. The procedure set out above shall be repeated, as appropriate, until the Project Manager approves such documents.

• The Vendor shall not depart from any approved document unless the Vendor has first submitted to the Project Manager an amended document and obtained the Project Manager’s approval of the document.

• The Project Manager’s approval, with or without modification of the document furnished by the Vendor, shall not relieve the Vendor of any responsibility or liability imposed upon it by any provisions of the Agreement except to the extent that any subsequent failure results from inaccurate information furnished in writing to the Vendor by or on behalf of Owner.

• The Vendor shall maintain accurate records of works executed as per the scope of the Agreement in a format that will permit audit.

Review of Progress



• The work shall be executed strictly as per the time Schedule, indicated in the Bid documents. Monthly / weekly work programme will be drawn up by the Vendor before commencement of work & submitted to Project Manager for approval. The programme& progress will be reviewed from time to time and if required, the programme may be re‐scheduled by Project Manager. The Vendor shall also be responsible to provide materials within his scope in time to achieve the programme. In all matters concerning the extent of programme set out weekly and monthly, the decision of the Project Manager will be final and binding on the Vendor. Both Parties shall agree to a planned review of the progress of the works executed under the scope of the Agreement, in a periodic interval with a view to Review the progress, Resolve pending issues, Plan for resources required for ongoing and future works, Evaluate all escalated issues and address mechanisms to remedy them.

• During the term of this Agreement Owner reserves the right to formally audit and evaluate the performance of the Vendor upon reasonable notice and at reasonable times.

q. Scope Change If the need for any change of work is felt during the Project Execution, the same will be mutually discussed and decided through a Change Request Process (if needed) that would be clearly defined by the bidder in their proposal

r. Assignment The Vendor shall neither transfer nor assign the Agreement or any part thereof or any benefit or interest therein or there under without the written consent of the Owner. In the event of the Vendor contravening this condition, the Owner shall be entitled to place the Agreement elsewhere on the Vendor's account and at his risk and cost, then the Vendor shall be liable for any loss or damage which the Owner may sustain in consequence or arising out of such replacing of Agreement. This shall not relieve the Vendor of any responsibility under this Agreement.

s. Subcontracting The Vendor shall not sub‐contract the whole or any part of the Project to any person or firm or company hereinafter referred as “Sub‐Contractor”, without the prior written approval of the Owner and such approval if given shall not establish any contractual relationship between the Sub‐Contractor and the Owner and shall not relieve the Vendor of any responsibility, liability or obligation under the Agreement and the Vendor shall be responsible for the acts, defaults and neglects of any Sub‐Contractor or Sub‐Contractor’s agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Vendor or his agents, servants or workmen. Notwithstanding any approval given by the Owner for sub‐contract, it shall continue to be obligatory on the part of the Vendor to provide to the Owner all the details viz., drawings, specifications, technical data, detailed design, performance characteristics etc. from his Sub‐ Contractors.

t. Waiver: Failure of Owner to insist upon strict performance of any terms and conditions of the Agreement will not be deemed a waiver of any rights or remedies that Owner may have and will not be deemed a waiver of any subsequent default under the terms and conditions of the Agreement. No right or remedy of Owner will be exclusive of any other right or remedy and Owner will have all the rights and remedies given under the Agreement and now or hereafter, existing in law or by statute. The shipping or delivery by the Vendor or receiving of payment by Vendor for the work under the Agreement will not be deemed a waiver of any rights for any prior failure by the Vendor to comply with any of the provisions of the Agreement.

u. Price and Payment The Owner shall pay to the vendor the price as per the Payment Milestone given at section 5.2. Price



• The FOR unit rates accepted by the Vendor as per the price schedule under section 5.1 shall remain firm and binding during the Term of Agreement. The Vendor shall perform all his works as envisaged in the Agreement.

• All fees, duties, royalties, rent and compensation to Owner for surface damage or taxes and impositions payable to local authorities in respect of all materials supplied for the work or other duties or expenses for which the Vendor may become liable or may be put to under any provision of the law for the purpose of or in connection with the execution of the Agreement including levies payable on all transactions are all inclusive in the price.

v. Billing and Payment Terms • Billing and Payments shall be carried out from IB Thermal Power Station, Banharpali, Jharsuguda

office of Owner. All interactions regarding the execution of the Agreement, submission of bills and correspondence on any matter shall be done with the Project Manager / Owner’s representative.

Billing • Vendor shall submit running account bills as per the payment milestone with supporting documents

for having achieved the designated milestone activities. • All bills/invoices must be raised in INR only taking into account the prevailing taxes & duties with

reference to the Payment milestone. Payment • Owner shall release payments based on the Payment Milestones as indicated in the Section 5.2.

Payment shall be released within 30 working days on submission of the bill complete in all respect with supporting documents duly certified by the Project Manager / Owner’s representative after deducting taxes at source as prescribed by the legislative authorities, penalty and other recoverable if any. If such payment release day falls on a holiday of Owner, payment will be released on the next working day. Against deduction of statutory taxes, tax deduction certificates where ever applicable shall be issued as per the applicable provisions of the statute. The Project Manager may recover any amount wrongly paid in excess in any previous bills certified by him.

• All payments shall be made direct to the Vendor in the shape of crossed A/c payee Cheque / Demand Draft/ RTGS / e‐payments under internet banking system less Bank Charges on certification of the Project Manager/Owner’s representative and on compliance of contractual terms & conditions.

• In case of shortage/missing/damage/ failure of any services identified at any point of time within the period specified by the Agreement including guarantee period, the agency shall supply/replace/rectify/resolve the same without any financial implication to Owner. The taxes, duties, clearing & forwarding and other charges incurred by Owner in this regard shall be recovered from the Vendor’s pending bills and in case no bills are pending the same shall be made good by the Vendor. The Vendor shall accordingly submit the subsequent invoices.

w. Security Deposit Security Deposit for Project • The Vendor shall stand guarantee for the overall performance including the services made and work

to be done by the Vendor. • The Vendor shall furnish a Performance Bank Guarantee Bond from any scheduled bank (other than

cooperative Bank) in India before the signing of the Agreement, for an amount equivalent to 10% of the Contract price(P1) towards Project which shall be valid for Ninety Days beyond the expiry of Performance Guarantee Support. The issuing bank should be advised to send a direct confirmation of issue of bank guarantee to Owner. Performance Bank Guarantee Bond will be released after satisfactory completion of Performance Guarantee support services. Owner shall not be liable to the Vendor for any matter or thing arising out of or in connection with the Agreement or the



implementation of the Project unless the Vendor shall have made a claim in writing in respect thereof.

• The Bank Guarantee for security deposit shall be for the due and faithful performance of the Agreement and shall remain binding notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the Vendor and Owner.

• Should the extent or the object of the Agreement be altered during the execution of the Agreement in such a way as to effect an increase or decrease on the Contract Price by more than 10%, the amount in the Bank Guarantee shall be increased or decreased correspondingly.

• The bank guarantee and any amendment thereto shall be executed on a non‐judicial stamp paper of requisite money value as prescribed by the Statute.

• All Bank Guarantees for security deposit, interest free recoverable advance and other payments and extensions of Bank Guarantees shall be sent in a sealed envelope directly by the Bank through Registered Post to AGM‐Supply Chain Management, IB Thermal PS, Banharpali, Jharsuguda.

• Bank Guarantees / extensions of Bank Guarantees submitted by the Vendor directly will not be admitted.

• The Non‐judicial stamp paper for the Bank Guarantee should be purchased in the name of executing Bank only.

Forfeiture of Security Deposit • Whenever any claim against the Vendor for the payment of a sum of money arises out of or under

the Agreement, Owner shall be entitled to recover such sum by in part or whole from the security deposits. In the event of the security deposit being insufficient or if no other security has been taken from the Vendor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Vendor. The Vendor shall pay to Owner on demand any balance remaining due.

• In the event of any material breach by the Vendor or any loss or damage suffered by Owner which in the opinion of Owner that the loss or damage has arisen due to reasons attributable to Vendor or in the event of the termination of the Agreement for any such breach, the security deposit is liable to be forfeited. The decision of forfeiture by Owner shall be final and binding on the Vendor.

x. Liquidated Damages: x.1 Liquidated Damages for Delay The following LD factors are applicable

No. Particulars LD Factor Percentage of Contract Value (Rs.)

1 For every additional week of delay in achieving Go‐Live target as per Delivery Schedule

LD Factor 0.5% of contract price for Implementation / week subject to maximum 7.5%

x.2 Liquidated Damages for Performance The following LD factors are applicable

No. Particulars LD Factor Percentage of Contract Value (Rs.)

1 Failure to meet performance as per 4.3 LD Factor 0.5% of contract price for each failure of performance specification subject to maximum 7.5%.

Notwithstanding anything to the contrary herein, the overall cap on cumulative liquidated damages shall not exceed 10% of the total Contract Price for Project Roll out and Implementation i.e. P1 part of section 5.



y. Insurance • The comprehensive insurance and safety of all men and material of the Vendor shall be the

responsibility of the Vendor. The comprehensive insurance should cover for full value against loss, damage or destruction by fire, lightning, earth quake, theft, pilferage, non‐delivery of package/packages and all other risks including strikes, riots and civil commotions during transit, storage, testing & commissioning and guarantee tests to protect Owner and the Vendor from any loss arising out of such condition.

• The insurance policy shall be tripartite, Owner being the beneficiary. The insurance cover shall remain in full force up to the time the Project is accepted and Stabilization Acceptance Certificate is issued by the Owner. The Vendor shall produce the insurance policy and receipts for the premium at the appropriate time. All money received under any such policy shall be applied in or towards the cost incurred for the damage/deficiency but this provision shall not affect the Vendor liabilities under the Agreement.

• The Vendor shall maintain in full force and affect all such insurances as above and required by the law for the purpose of the Agreement at the cost of the Vendor.

• The Vendor shall furnish to the Project Manager/Owner’s representative with evidence of such insurance a copy of the issued policy and any cancellation or termination thereof. Should the Vendor default in paying any premium when due, Owner, without prejudice to other remedies set forth in this Agreement shall be at liberty to pay such premium and recover the same from Vendor.

• The provisions contained within this clause are not intended to and do not impair or in any manner limit the liabilities or obligation assumed by Vendor as may be set forth more fully elsewhere in the Agreement.

• The Vendor’s services shall include the filing and pursuance of all insurance claims on behalf of Owner and the entire Work incidental thereto till realization of Claim.

• Owner shall be the principal holder of the policy along with the Vendor. Owner reserves the exclusive right to assign the policy.

• The Vendor shall be responsible for effecting insurance under the Indian Employee’s Compensation Act and any other insurance in accordance with the Indian laws and regulations at his own cost.

• If any Agreement Scope including supplies and services perishes or becomes unserviceable due to any cause whatsoever, including missing, shortage, loss or damage and/or various destructions and risks as mentioned above, the Vendor shall on demand by Owner make replacement at his own cost and in such a way as to avoid disturbances in the general progress of IT Solution. This shall apply irrespective of the question whether or not the risk has passed to Owner or who shall be responsible for such unserviceable condition as aforesaid.

• Upon arrival at Project Site, all equipment, Materials, commissioning spares, special tools & tackles, all consumables, etc., the Vendor shall assume custody thereof and remain responsible therefore, until the physical possession taken by the Owner.

• The Vendor shall, as custodian, be responsible for communicating to the project manager / Owner’s representative any shortages, missing, breakages, damages, etc. as soon as they come to his notice without prejudice to his obligation under Agreement.

• The insurance policy obtained by the Vendor shall also cover liability for accidents resulting in death, injury, damage to property of Owner or any third party including employees of third parties’ and / or Owner employees within the premises and precincts of Owner.

z. Indemnity The Vendor assumes responsibility for and shall indemnify and hold the Owner harmless, from all liability, claims, costs, expenses, taxes and assessments including penalties, punitive damages, attorney's



fees and court cost which are, or may be required with respect to any breach of the Vendor’s obligations under the Agreement, or in respect of all salaries, wages or statutory dues or any other compensation or dues of whatsoever, nature of all persons employed by the Vendor in connection with performance of the Scope of Agreement. Owner shall the vendor to take sole control of the defence of such claims. The vendor shall execute and deliver such other further instruments as may be necessary to comply with all the requirements of such laws and regulations as may be necessary there under to confirm and effectuate the Agreement and to fully protect and indemnify the Owner. The Vendor shall not indemnify Owner to the extent that such liability, damage, claims; fines, penalties, and expenses were caused or contributed to by the sole fault of the Owner. The Owner shall not be in any way held responsible for any accident or damages incurred or claims arising there from during and in the course of discharge of the obligations by Vendor under the Agreement.

aa. Patent Infringement The Vendor shall protect, indemnify and hold the Owner, his customers and users of his products harmless, against all liability, including cost, expenses, claims, suits or proceedings at law in equity or otherwise, growing out of or in connection with any actual or alleged patent infringement (including process patents, if any) or violation of any license and will defend or settle at the Vendor’s own expense any such claims, suits or proceedings. The Owner will notify the Vendor in writing of any such claim, suit, action or proceeding coming to his attention, giving authority and all available information and assistance for the Vendor’s defence of the same. The Vendor shall appoint a counsel at his own expenses in consultation with the Owner to collaborate in the defence of any such claim, suit, action or proceeding.

bb. Settlement of Disputes The Agreement shall in all respects be construed and carried into effect and rights and liabilities of the Parties hereto shall be regulated according to the laws of India. Mutual Settlement of Disputes Except where otherwise provided for in the Agreement, other than excepted matters all questions and dispute relating to any matter directly or indirectly connected with this Agreement shall in the first place be resolved through mutual discussions, negotiations, deliberation and consultations between both the Parties. Conciliation If the effort to resolve all or any of the disputes other than excepted matters through mutual settlement fails, such disputes shall be referred to the conciliator to be appointed by the mutual agreement of both Owner and the Vendor. The conciliator shall make the settlement agreement after the Parties reach agreement and shall give an authenticated copy thereof to each of the Parties. The settlement agreement shall be final and binding on the Parties. The settlement agreement shall have the same status and effect of an arbitration award. The venue of Conciliation shall be Owner’s Corporate Office, Bhubaneswar. Arbitration In the event, the dispute cannot be settled mutually or through conciliation or in the event of disagreement on appointment of the Conciliator, the same shall be resolved through the provisions contained in the Arbitration and Conciliation Act 1996, or any statutory modification or re‐enactment thereof and the rules made there under for the time being in force. The number of arbitrators shall be three, with either party to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the Parties shall appoint a third arbitrator who shall act as chairman of the proceeding. All proceedings shall be conducted, including all documents presented in such proceedings, in the English



language. The venue of arbitration shall be at Bhubaneswar only and jurisdiction for any proceedings arising out of or concerning or connected with such arbitration shall be of appropriate court at Bhubaneswar under the jurisdiction of Odisha High Court. For all disputes, appropriate court at Bhubaneswar under the jurisdiction of Odisha High Court alone shall have exclusive jurisdiction in all matters arising under this Agreement.

cc. Safety, Health and Environment: The following environment, safety & health points are to be adhered: • The Vendor must adhere to all the applicable statutory laws pertaining to safety, health and

environment in general and E‐Waste Management and Handling Rules in particular • The Vendor must ensure that there is no wastage of water and power at the work site • All the motor vehicles of the Vendor used for transporting materials/machinery etc should have

pollution control certificates and the same should be submitted at the time of obtaining gate passes. A copy of the same must be exhibited/pasted on the vehicle also

• The Vendor must ensure proper housekeeping at work station / site by keeping the work‐areas free from unwanted material.

• The Vendor must ensure that any debris generated during the work is transported safely to dump yard such that there is no spillage of debris on the road during transportation (by covering with a plastic sheet/tarpaulin)

• All the material which may be recycled / reused should be transported to the designated place for reuse/recycling.

• All supervisors/ workers of Vendor must take safety and environmental induction training and comply with the instructions given therein.

• The Vendor shall engage its human resources who are proven to be of good conduct and clean antecedents.

• Generally, it shall be the responsibility of the Vendor to complete with all the statutory enactments, regulations, directions, notifications etc. issued by the Central and State Governments or any other Pollution Control Authorities from time to time.

dd. Force Majeure If at any time during the continuance of the Agreement, the performance in whole or in part by either party or any obligations under the Agreement shall be prevented or delayed by reason (s) beyond reasonable control of the Party including without limitation such as any war, hostilities, act of public enemy, civil commotion, sabotage, fire, floods, earthquake, explosions, epidemics, quarantine restrictions and acts of God (hereinafter referred to as 'Events') and provided notice of the happening of any of the above mentioned Event is given by either Party to the other within 21 days from the date of occurrence thereof, the agreed timelines shall be extended by the Owner on receipt of application from the Vendor without imposition of penalty and the services under the Agreement shall be resumed after such event has come to end/ceases to exist. Should one or both the Parties be prevented from fulfilling their contractual obligations by a state of force majeure lasting continuously for a period of at least 3 months and the Owner not having terminated the Agreement by that time, the two Parties shall consult each other regarding the further implementation of the Agreement with the provision that if no mutually satisfactory arrangement is arrived at within a period of 2 months from the expiry of 3 months referred to above, the Agreement shall be deemed to have expired at the end of the 2 months referred to above. The above mentioned expiry of the Agreement will imply that both the Parties have obligations to reach an agreement regarding the winding up and financial settlement of the Agreement.

ee. Ownership Ownership of Documents and Copy Rights



All study documents, data and specification prepared by the Vendor subject to the Scope of Agreement shall be the property of Owner. As and when required or upon termination of the Agreement, the aforesaid documents of all versions shall be handed over to Owner. Vendor shall take all necessary steps to ensure confidentiality in handling of all the matters pertaining to business process studies, data, specifications, methods and other information developed or acquired or furnished by Owner by means of the Agreement or in the performance thereof. Ownership and the terms of usage of the software and Materials supplied under the Agreement shall be governed by this clause. The vendor shall grant Owner a perpetual license to use the software without any additional payment or obligations to enter into a contact for maintenance or support. Transfer of Ownership The Project and its System(s) shall be deemed to have passed onto the Owner when the Project is tested for its performance, validation and acceptance by Owner. However the Licensing rights with regard to Core SAP Product and the third party software shall be governed by the End User License Agreement (EULA) of respective OEM.

ff. Limitation of Liability • Notwithstanding anything to the Contrary in the Agreement or any other document, the aggregate

liability of the vendor for actual direct damage shall be limited to the Contract Price provided that this limit shall not apply to the patent infringement, intellectual property rights violations, bodily injury (including death) and damage to the real property and tangible personal property caused by Vendor’s negligence.

• In no event, neither party shall be liable to the other party for any indirect, special, punitive, consequential or incidental damages including without limitation, loss of revenue, profits, business, goodwill, anticipated savings or data or third party claims.

• No Director or official or employee of Owner or Vendor shall in any way be personally bound or liable for the acts or obligations of the Owner or Vendor under the Agreement or answerable for any default or omission in the observance or performance of the acts, matters or things which are herein contained.

• The Vendor shall not be entitled to any increase on the scheduled rates or any other rights or claims whatsoever by reason of any representation, explanation, statement or alleged understanding, promise or guarantees given or to have been given to him by any person.

gg. Time is the Essence Time is the essence of this Agreement. The acceptance of a late performance with or without objection or reservation by Owner shall not waive any rights of Owner or constitute a waiver of the requirement of timely performance, of any obligations remaining to be performed.

hh. Confidential Information In the performance of its obligations under this Agreement or in the contemplation thereof, the Vendor and its employees may have access to private or confidential information, including but not limited to information concerning costs, charges, operating procedures and technical information, which may be owned or controlled by Owner or its parent or affiliates. With respect to any such information so accessed or acquired, the Vendor and Owner, mutually agree as follows:

• All information provided by Owner shall be and shall remain the exclusive property of Owner or its

parent or affiliates. The Vendor shall limit access to such information to its employees who have a need to know, consistent with the Vendor's authorized use of such information;

• The Vendor shall keep, and have its employees having access keep, all such information confidential.



• The Vendor shall not copy, publish or disclose to others, or permit its employees or anyone else to copy, publish or disclose to others, any such information;

• The Vendor shall return such information to Owner at its request; • The Vendor shall use such information only for the purpose of performing its obligations hereunder;

The Vendor at all times shall maintain appropriate internal policies and procedures reasonably sufficient to satisfy its obligations under this provision. If the Vendor is required to disclose any confidential information of Owner or its parent or affiliates pursuant to any governmental or legal proceedings, the Vendor shall not be liable for such disclosure provided that it gives Owner written notice of the proceeding and seeks an appropriate protective order at least ten (10) business days prior to its disclosure of the aforementioned confidential information.



7. E‐Reverse Auction & its Rules & Regulations

• E‐Reverse Auction will be conducted for the aforementioned works. The Transaction Fees for e‐Reverse Auction shall be deposited to the account of MSTC Limited directly..

• The non‐refundable Transaction Fees towards e‐Reverse Auction as mentioned above work shall be deposited by all Techno‐Commercial qualified bidders directly to the account of MSTC before E‐RA launch schedule. The date of conduct of E‐RA shall be intimated in later stage to Techno Commercial qualified bidders via e‐mail. Before participation in e‐Reverse Auction, the bidder has to register in MSTC e‐Procurement Portal well in advance and submit the E‐RA fee amounting to the value intimated by M/s. MSTC Limited.

• The Techno‐commercially qualified bidders will participate in the Reverse Auction through MSTC Limited. The price may be finalized based on Reverse Auction or Sealed Price Bid. OPGC reserves the right to go for reverse auction prior to opening of sealed Envelope price bid, submitted by bidder. This will be decided after techno‐Commercial Evaluation. All Bidders have to give their acceptance for participating in Reverse Auction as per “Rules and Regulations of the e‐Reverse Auction” which shall be binding on the bidders. Non Acceptance to participate in Reverse Auction may result in no consideration of their bids, in case OPGC decides to go for reverse auction.

Rules and Regulations of the e‐Reverse Auction Buyer’s Name/Owner Ib Thermal Power Station

(A Unit of Odisha Power Generation Corporation Limited) Auction To Be Conducted By MSTC LimitedDate & Time Of Auction

Auction Date: [To be intimated later] Online e‐Reverse Auction Time : [To be intimated later] URL: www.mstcecommerce.com/eprochome/opgc

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

Auto Extension of Closing Time 5 minutes NB: If any bidder quotes 5 minutes before closing time, the closing time will be extended automatically for another 05 minutes and so on till 05 minutes idle time between the bids.

Decremental Value Minimum decrement is Rs. 10,000/‐ and in multiples of Rs. 10,000/‐

Start Price The start price shall be confirmed before start of the e‐RA and the same should be the estimated price as decided by OPGC.

1. For the proposed e‐Reverse Auction, techno‐commercially qualified bidders only shall be eligible to

participate. 2. Bidders must be a registered user to bid for Buyer (“OPGC”) in MSTC portal

www.mstcecommerce.com/eprochome/opgc. Bidders need to have their Login ID and Password prior to e‐Reverse Auction.



3. Bidder must honour and obey the guidelines for registration & participation stipulated at MSTC portal for reverse auction.

4. Bidders have to participate as per the e‐Reverse Auction time and date communicated to them & based upon e‐Reverse Auction invitation for particular Auction.

5. Quotation once submitted through e‐Reverse Auction cannot be withdrawn /deleted. Otherwise, the EMD submitted by the bidder shall stand forfeited.

6. Buyer reserves the right to ban the bidder from participating in e‐Reverse Auction without any explanation/reason at any stage of e‐Reverse Auction.

7. Buyer reserves the rights to extend / cancel the e‐Reverse Auction. 8. E‐Reverse Auction shall be conducted in Indian Rupees only. 9. All prices submitted by Bidder in e‐Reverse Auction shall be as per Tender’s Terms & Conditions. 10. Validity of bids: As mentioned in Tender Document. 11. Written Confirmation shall be taken in advance regarding participation in the e‐Reverse Auction to buyer

along with the Authorized person name and details. 12. Buyer reserves the right to award the Purchase Order / Service Order as per buyer’s discretion irrespective

of Live Auction Rank. 13. Buyer reserves the right to repeat the e‐Reverse Auction of same package. 14. After completion of e‐Reverse Auction, OPGC shall open the manual price bids submitted during tendering.

The lowest evaluated bid of all the bids submitted in manual and e‐Reverse Auction process shall be considered for further evaluation.

15. The bidders shall quote from their own offices/ place of their choice. Internet connectivity shall have to be ensured by bidders themselves.

16. If the Bidder or any of his representatives are found to be involved in Price manipulation/ cartel formation of any kind, directly or indirectly by communicating with other bidders, OPGC at its own discretion shall debar the bidder from the e‐Reverse Auction/Tender and future participation also.

17. OPGC reserves the right to cancel the e‐Reverse Auction process/ tender at any time, before ordering, without assigning any reason and may go for manual opening of price bids as per standard practice.

18. OPGC shall not be liable for any interruption or delay in accessing the MSTC portal irrespective of any cause. In such cases, the decision of OPGC shall be binding on the bidders.

19. Other terms and conditions shall be as per NIT, bidder’s techno‐commercial Bid and other latest correspondences/ final confirmations, (if any) against the NIT.

20. If any item is not quoted by a bidder, the maximum price quoted by the other participated bidders for that item shall be considered for arriving evaluated price of that bidder.

21. The total L1 Price obtained through e‐Reverse Auction shall be proportionately distributed among each line item inline with the price quoted and evaluated in the hard copy price bid.

22. The price quoted in e‐Reverse Auction is the total price for all the items and quantity as per Price Schedule of NIT irrespective of any omission by the bidder in the hard copy price bid.

23. In case, the L1 Bidder in e‐Reverse Auction and manual Tender happens to be the same bidder, then minimum price among both shall be considered as L1. If the bidder disagrees to accept the said condition, then his EMD shall be forfeited. Apart from this the bidder will be debarred from participating in future e‐Reverse Auction/Tender of OPGC.

24. Each Bidder shall get the final loading factor (%age of the quoted price) from OPGC before e‐Reverse Auction for the deviations, if any, taken by them in the techno‐commercial bid.

25. The Price quoted in the e‐Reverse Auction shall be inclusive of all inclusive FOR ITPS basis and deviations considering the loading factor (got from OPGC/Tender Condition as mentioned in above clause) on his quoted price.



UNDERTAKING I hereby undertake that I agree to the “Rules and Regulations of the e‐Reverse Auction” mentioned herein. Signature: Name: Date: Company Name: Seal:



8. Instruction to Bidder: 1. Tenders are invited on behalf of the OPGC Ltd. 2. The bids complete in all respects must be submitted in two parts namely Techno‐commercial part and

Price part. The envelopes containing the respective parts must be sealed and super scribed with tender enquiry number, Name of the work and the name of the part. Both the envelopes should be kept in a third envelope and sealed and super scribed with tender enquiry number and Name of the work. NB: The bid documents are not transferable. Techno‐Commercial Bid: The bidder must submit the following along with the techno‐commercial bid: I. Cost of Bid Document i.e. Rs. 11,800.00 (Inclusive of GST) II. EMD i.e. 1% of Quoted Price in a closed envelope. The EMD amount will not be disclosed to the bidders during opening of Techno‐Commercial Bid. III. Photocopies of GST Registration Certificate, Provident Fund Registration Certificate and IT PAN. IV. Signed & Stamped Scope of work, signed & Stamped Conditions of Contract (all pages) and signed & stamped on E‐RA conditions as a token of acceptance. V. Credentials in support of Qualification to bid and Mandatory Qualification Criteria for Bidding. VI. Commercial terms and conditions and deviation statement (if any). VII. Un‐price schedule of project stipulated in 5.1 specifying quoted/not quoted.

3. The Tender & rates shall be in the prescribed form provided by OPGC. 4. The works are required to be completed as per schedule mentioned in Tender documents. 5. The person who floats the NIT shall be the Accepting Authority hereinafter referred to as such for the

purpose of this Tender. 6. The bidder has to submit an amount of Rs. 11,800/‐ (Inclusive of GST) in shape of Demand Draft in favour

of Odisha Power Generation Corporation Ltd. drawn on State Bank of India (Code‐9510) / Andhra Bank (Code‐0662) / Central Bank of India (Code‐283899), ICICI Bank (Code‐ICIC0003679) payable at Telenpali on or after 21/02/2017 up to 20/03/2018 towards tender cost. The tender cost is non refundable.

7. Last date of submission of Pre‐bid clarification by 28.02.18 and Pre‐bid meeting shall be held on 06.03.18. The venue of Pre‐bid meeting shall be communicated through website.

8. Techno‐commercial bids to be opened in the presence of Bidders or their duly authorized representatives who may like to be present at 15:30 Hours onwards on 21/03/2018 in the office of Contract Cell, ITPS.

9. Bidders are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their Tenders as to the nature of the ground and sub‐soil (so far as is practicable and related to particular work), the form and nature of the site, nature of work, capacity of concerned plant, present condition of the plant, labour force problem relating to present Contract labour, custom & system of the local folk, means of access to the site, accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their Tender. A Bidder shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed.

10. Submission of a Tender by a Bidder implies that he has read this notice along with the notice inviting tender advertised in the newspaper and all other tender documents and has made himself aware of the scope and specifications of the work to be done and of local conditions and other factors bearing on the execution of the works.

11. A Bidder should quote his rates in figures as well as in words. The amount for each item should be worked out and the requisite totals given. Special care shall be taken to write rates in figures as well as in words, and the amounts in figures only in such a way that interpolation is not possible. The total amount shall be



written both in figures and in words. In case of figures, the words ‘Rs.’ should be written before the figure of rupees and the words ‘Paise’ after the decimal figures, e.g. Rs.2.15 P. In case of words, the words ‘Rupees’ should precede and the words ‘Paise’ should be written at the end. Unless the rate is in whole rupees and followed by the word ‘Only’ it should invariably be up to two places of decimal.

12. In the case of item rate Tenders, only rates quoted shall be considered. Any Tender containing percentage below / above the schedule of rate quoted is liable to be rejected. In case of lump sum tenders, only quoted amount shall be considered.

13. Any Bidder for the works shall not be witness in the Bid of any other Bidder for the same works. Failure to observe this condition shall render the Tender of the Bidder tendering as well as of those witnessing the Tender liable for rejection.

14. Tender shall be received up to 15:00 Hours on 21/03/2018 and shall be opened at 15:30 Hours onwards on the same day in the presence of those Bidders or their duly authorized representatives who may like to be present.

15. The Tender shall be accompanied by Earnest Money worth 1% of the total quoted price. The Earnest Money offered shall be in shape of Demand Draft / Pay Order in favour of Odisha Power Generation Corporation Ltd drawn on State Bank of India (Code‐9510) / Andhra Bank (Code‐0662) / Central Bank of India (Code‐283899), ICICI Bank (Code‐ICIC0003679) payable at Telenpali or Bank guarantee issued by any Nationalized /scheduled Bank.

16. The Earnest Money shall be made payable without any condition/demure to the Owner on demand. In case of DD/Pay Order submitted towards Earnest Money then the date of issue of the same shall be within 21/02/2017 to the date of opening of Part‐1 bid. In case the Earnest Money submitted in the form of Bank Guarantee then the same shall be valid for a period of six (06) calendar months; however the date of issue of bank guarantee shall be within 21/02/2017 to the date of opening of Part‐1 bid.

17. In consideration of the Owner opening and considering the Tender for purpose of award of Contract, the Bidder shall keep his Tender valid for a period of one hundred eighty (180) days from the date of opening of the Tender, during which period the Bidder agrees not to vary, alter or revoke his Tender either in whole or in part. If the Bidder however, fails to keep his Tender valid for one hundred eighty (180) days or varies its terms and conditions during the said period then the Owner shall be entitled to forfeit the Earnest Money amount without any notice or proof of damages etc. The Bidder shall submit his Tender as required in the Tender documents along with letter of undertaking in the proforma enclosed herewith.

18. The Earnest Money of all unsuccessful Bidders will be returned within thirty (30) days after the award of the Contract.

19. Any Tender not accompanied with both Earnest Money and tender cost or any of the two in accordance with aforesaid provisions shall be rejected by the Owner as non‐responsive Bid.

20. No interest will be payable by the Owner on the said amount covered under Earnest Money / other security deposits.

21. On finalization of Tender, Earnest Money of successful Bidder will be treated as part of the initial security and shall be returned after the end of performance guarantee period. In case the Earnest Money submitted in the form of Bank Guarantee then the same shall keep valid till the end of performance guarantee period

22. A Bidder shall submit the Tender which satisfies each and every condition laid down in this notice and other tender documents, failing which the Tender will be liable to be rejected.

23. The Odisha Power Generation Corporation Ltd. do not bind themselves to accept the lowest or any Tender or to give any reasons for their decision. The Owner reserves the right to allow the Public Sector Undertakings price preference facilities as admissible under existing Govt. policy. The prospective Bidders may apprise themselves of the relevant Govt. notification in this regard before submission of their bid.



The Odisha Power Generation Corporation Ltd. reserves the right of accepting the whole or any part of the Tender or split the total scope of work among eligible Bidders and Bidder (s) shall be bound to perform the same at his/their quoted rates.

24. Preparation of Bid: The Bidder(s) shall submit the bid in two parts, namely‐ 1) Part‐I : Techno commercial Bid 2) Part‐II : Price Bid PART‐I : TECHNO‐COMMERCIAL BID A complete set of original Tender documents issued to the Bidder except blank price bid / bill of quantity duly filled in as prescribed in different clauses of the Tender documents with signature & stamp in all pages as token of unconditional acceptance shall constitute Techno‐commercial Bid. The Bidder shall enclose the following documents in this Bid. a) Covering letter. b) Crossed Demand Draft for requisite amount only drawn in favour of Odisha Power Generation Corporation Ltd towards the Tender Paper Cost. c) Letter of undertaking on Non‐judicial stamp paper of worth Rs. 10.00 in the prescribed format at Section‐9.0. d) Crossed Demand Draft for requisite amount only drawn in favour of Odisha Power Generation Corporation Ltd or Bank guarantee issued by any Nationalized Bank/scheduled Bank towards the Earnest Money without which the Tender shall be liable for summarily rejection. The DD/PO/BG submitted towards EMD should be sealed and clearly superscribed as EMD. e) Documents in support of authentication of the person who signed the Bid. Only proprietor, partner, directors or permanent employee with due power of attorney/authority is recognized for such signature. f) Details of work satisfying the Qualification to bid & Mandatory Qualification Criteria for Bidding g) Exception & deviation (if any). h) Photocopy of P.F. Registration Certificate, IT PAN and GST registration Certificate of appropriate category issued by competent authority. i) Photocopy copy of the Registration of Firm / Company. j) Present & permanent Address for correspondence along with Telephone No,/Fax No./E‐mail address etc. k) Any other technical information, Bidder wishes to furnish. l) Information about the Bidder including the Integrity pact duly signed given in Section 7.0 m) Exclusion /Deviation Statement as per Section 7. Any assumptions made at any point in the bid must be referred to in this section. n) In addition to the sealed envelopes described above, Bidder shall also submit a CD/DVD containing soft copy of the above in PDF and Word. Response to evaluation criteria must also be provided by the bidder in Excel. o) Evidences and declarations as sought in the RFP. p) Softcopy of the filled up excel sheets given with the RFP. Note: If required additional sheet may be used to furnish all above information In case of discrepancies between the hard copy and soft copy, the hard copy shall prevail. The techno‐commercial bid with all its enclosures as mentioned should be put in an envelope, sealed & superscribed as “TECHNO‐COMMERCIAL BID”. This envelope must contain Name of the work, NIT No., Due date of opening and Name & Address of the Bidder on bottom left hand corner of the cover.



PART‐II: PRICE BID/SCHEDULE Price bid/Schedule shall include ‐ a) Original price bid / schedule of quantity duly filled in, signed & stamped on each page as token of unconditional acceptance shall constitute the Price Bid. The Bidder shall take utmost care in filling the tender documents corresponding to instruction to Bidder and relevant information elsewhere in Tender document. b) Price Bid/Schedule shall be completed in all respects with all their attachments / enclosures, if any. c) The price bid/Schedule shall be prepared in the manner prescribed in various clauses of Tender document and put in a separate sealed envelope super scribed as “PRICE BID”. This envelope must contain Name of work, NIT No. at the top and Name & Address of the Bidder on left hand bottom corner of the cover. COMPLETE BID: Both the Techno‐commercial & Price Bid in separate sealed cover shall be put in a third envelope, sealed & superscribed with Name of the Work, NIT No., Due date of opening. The full name, postal address, telegraphic address and telex/telephone/fax/E‐Mail of the Bidder shall be written on the bottom left corner of the envelope.

25. SUBMISSION OF BID: Completed Bid shall be submitted to the Owner within due date and during office hours only. The Tenders shall be put into a box, marked as Tender Box or handed over to Contract Cell against receipt of the same.

26. OPENING OF TENDER: The techno‐commercial bid shall be opened at a predetermined time, venue & date in presence of the Bidder(s) or their authorized representative who may like to be present. Partner, director or permanent employee of the firm duly authorized can only be authorized representative. Price bid shall be opened at a future date under intimation to all technically qualified Bidders and in presence of them or their authorized representatives who shall participate.

27. CAUTION TO BIDDER: The person who shall come to purchase tender documents, submit the Tender or participate in the opening of the Tender must abide by the safety rule of OPGC right from the plant gate. Some of the checkpoints are, the vehicle must have valid insurance & tax paid road permit, valid driving license of the driver / Owner as the case may be. Persons with full shoes shall be allowed to enter the plant & our plant gate shall provide other items such as hard hat, safety glass & visitor pass. Not more than 2(two) persons for one Tender shall be allowed to participate in Tender opening.

28. ALL PAGES TO BE INITIALED: All the pages of Tender documents shall be initialed. But first & last pages of all volumes of documents shall be signed with date by the Bidders or their authorized representatives.

29. The Bidder shall quote in English language only. 30. THE SCHEDULE:

The work shall be executed strictly as per the Time Schedule, indicated in the tender documents. 31. RECORD KEEPING:Relevant records are to be maintained by the Contractor in day‐to‐day / monthly basis

& furnished to Engineer‐in‐charge or his representative for scrutiny, Management Information System and payment etc.

32. Bidder to obtain their own Information



a) Bidder shall for all purposes and whatsoever reason may be, deemed to have independently obtained all necessary information for the purpose of preparing his Bid. The correctness of the details given in the Bid Document is for guideline/ information only, to help the Bidder to prepare his Bid.

b) Bidder shall be deemed to have examined the Bid documents and to have obtained his own information in all matters whatsoever that might influence carrying out the implementation of the Project at the scheduled rates and satisfied himself to the sufficiency of his Bid. Any error in description or quantity or omission there from shall not vitiate the Agreement or release the Implementation Partner from executing the work comprised in the Agreement according to the scope of work and specifications at scheduled rates. He is deemed to know the scope, nature and magnitude of implementing the Project.

c) Bidder shall be deemed to have visited the sites, offices and surrounding areas, to have satisfied itself to the nature of all existing Business processes and also as to the nature and the conditions of available facilities and communications and possible interruptions there to the access and egress from site and to have made enquiries, examined satisfied himself of the sites in respect to requirements for implementing Project and to have made local independent enquiries on all matters affecting the Agreement. He is deemed to have acquainted himself his liability for payment of Government Taxes, Customs and Duties and other charges.

d) Any neglect or failure on part of the Bidder in obtaining necessary and reliable information on issues stated in the above clause or any other matters affecting the Agreement shall not relieve him from any risks or liabilities or the entire responsibility for implementing the Project at the scheduled rates and time in strict accordance with the contract documents.

e) Any change in site conditions or technological requirement shall be binding on the Implementation Partner and no extra claim on this account shall be entertained.

f) The oral agreement or inference from conversation with any officer or employee of the Owner before, during or after the execution of the Agreement shall not in any way affect or modify the terms and obligations herein contained.

33. Addenda / Corrigenda / Amendments issued to this Tender a) OPGC reserves the right to issue any addenda or corrigenda to the Bid document without assigning any

reason thereto. In response to such addenda / corrigenda, the Bidders shall submit their Bid in a fresh schedule. However, if the Bidder has already submitted his Bid prior to issue of such addenda / corrigenda, they shall resubmit a fresh offer marked on the envelope as “Amended Offer”. The original offer submitted by such party shall not be returned/opened.

b) At any time prior to the deadline of submission of Bids, OPGC may, for any reason, whether at its own initiatives or in response to a clarification by a prospective bidder, modify the bid document through Amendment(s).

c) The Amendment(s) will be notified to all prospective bidders through the website and such Amendment(s) will be binding on them.

d) OPGC may extend the deadline for the submission of bids, in order to allow the prospective bidders a reasonable time in which to take the amendment(s) into account in preparing their Bids.

34. Extension of Bid Opening Date OPGC may, at its sole discretion, decide to extend this Bid Opening Date and / or date for submission of Bids. In such a case, all rights and obligations of OPGC and that of Bidders previously subject to the Bid Opening Date will thereafter be subject to the new Bid Opening Date.

35. Bids Received Late Any bid received by OPGC after the expiry of the specified date and time for submission of bids will be rejected outright. The Bidders must take all responsibility of submitting the Bids within the prescribed



date of submission of Bids. OPGC will not accept as valid reason or be responsible for any postal/courier delay or non‐receipt / non‐delivery of the Bids.

36. Modification and Withdrawal of Bids Modification Request by Bidder The Bidder will not be allowed to modify its Bid after its submission, in any case. Withdrawal of Bid by Bidder No bid shall be withdrawn during the period between the Bid Opening Date and the expiration of the bid validity period including its extension if any as specified in Notice Inviting Tender. Withdrawal of a bid may result in the forfeiture of the Bidder’s Bid Security (EMD). Acceptance of Important Conditions Bidders may note that no deviations whatsoever to certain important conditions as per the RFP is permitted by the Owner and therefore, the Bidders are advised that while developing their proposals and prices, these conditions may appropriately be taken into consideration especially with respect to their effect, wherever applicable, on the cash flow projections during the execution of the Agreement. Bidders are required to furnish certificates/evidence to support the requirements furnished under mandatory Qualification Criteria. Any Bid not accompanied by such certificate shall be liable to be rejected by the Owner and shall not be opened.

37. Extension of Period of Bid Validity In exceptional circumstances, OPGC may request all the Bidders consent to an extension of the period of validity of their respective bid. The request and the response thereto will be made in writing. Extension of validity period by the Bidder must be unconditional. A Bidder will not be permitted to modify his bid. EMD Bids not accompanied by the requisite EMD, or bids accompanied by EMD of inadequate value or not in the prescribed form shall not be entertained and in such a case bids shall be rejected and further envelopes will not be opened. The EMD shall be liable to be forfeited, i. If the Bidder unilaterally revokes, withdraws, cancels its bid or unilaterally varies any term of the

tender document during the period of bid validity. ii. In case the owner/OPGC decides to reject the bid for not containing all the parts or is found to be not

complete in all respect. iii. In case the owner/OPGC decides to reject the bid as the bidder quotes abnormal rates as defined

rejection of bid clause. iv. In case the owner/OPGC decides to reject the bid as the bidder makes false or misleading claims in

the bid as defined in rejection of bid clause. v. In case the owner/OPGC decides to reject the bid as the bidder is found to be involved in ‘corrupt or

fraudulent practice’ as defined in rejection of bid clause. vi. In the case of a successful Bidder, if the Bidder fails within the specified time limit to furnish the

acceptance of Letter of Award and / or fails to submit Performance Guarantee of requisite amount. vii. If, during evaluation of bids, OPGC ascertains that there is discrepancy in the bid price due to

arithmetical error, and on communicating such error to the Bidder, the Bidder does not accept the proposed correction of errors.

38. Rates to Be In Figures & Words The Bidder shall quote both in figures and in words for the rates and amount quoted by him in the Schedule of quantities / Price schedule forming part of the Bid document, in such a way that interpolation



is not possible. The amount of each item shall be worked out and entered and requisite total given for all items. The quoted amount for the work shall be entered in the Bid and duly signed by the Bidder. If any ambiguities are observed in the rates & amount given in words & figures the following procedure shall be followed: i. When there is difference between the rates in figures and words, rate which corresponds to the amount

worked out by the Bidder, shall be taken as correct. ii. When the rate quoted by the Bidder in figures and words tally but the amount is incorrect, the rate

quoted by the Bidder shall be taken as correct but not the amount. iii. When it is not possible to ascertain the correct rate by either of above methods, the rate quoted in

words shall be taken as correct. 39. Abnormal Rates

The Bidder is expected to quote the rate for each item after careful analysis of cost involved for the satisfactory performance and completion of item work considering all specifications and conditions of Agreement. This will avoid loss of profit or gain in case of curtailment or change in specification for any other item. In case the rates quoted by the Bidder for any item are unusually high or unusually low it will be sufficient cause for the rejection of the Bid unless the Owner is convinced about the reasonableness of the analysis for rate furnished by the Bidder (on demand) after scrutiny.

40. Corrections & Erases No erases or over writings are permissible. All corrections and alterations in the entries of Bid papers shall be signed by the Bidder with date and stamping.

41. Details & Signature of Bidder The Bid shall contain the name, residence and place of business of person or persons making the Bid and shall be signed by the Bidder with his usual signature. Partnership firms shall furnish the full names of the partners in the Bid. It should be signed in the partnerships name by all the partners or by duly authorized representative followed by the name and designation of the person signing. Bid by a Corporation shall be signed by an authorized representative and a power of attorney / authorization on its behalf shall accompany the Bid. A copy of constitution of the firm with names of all partners shall be furnished. In case of cooperative society, the authorized representative of the society will sign the Bid. Similar principle shall be followed in case of any Trust and Hindu Undivided Family business. The signature should be attested, at least by one witness.

42. False or Misleading Claims OPGC may in its absolute discretion exclude or reject any proposal that in the reasonable opinion only of OPGC contains any false or misleading claims or statements. OPGC has no liability to any person for excluding or rejecting any such proposal.

43. Fraud and Corruption Bidders are expected to observe the highest standard of ethics from RFP stage till execution of Contract and not to indulge in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. In pursuit of this policy, OPGC defines, for the purposes of this provision, the terms set forth below as follows: "Corrupt practice" means the offering, giving, receiving, or soliciting of anything of value to influence the action in the procurement process or in Contract execution; "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract to the detriment of the Buyer and includes collusive practices among Bidders (prior to or after Bid submission)designed to establish Bid prices at artificial, non‐competitive levels and to deprive the Buyer of the benefits of competition;



"Coercive practice" means impairing or harming or threatening to impair or harm directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process; "undesirable practice" means (i) establishing contact with any person connected with or employed or engaged by the Buyer with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (i) having a conflict of interest “restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process. Failure to comply with the above requirement may result in the disqualification of the Bidder from this competition.

44. Contacting the Owner From the time of bid opening to the time of Contract award, if any Bidder wishes to contact the Owner on any matter related to the bid, he shall do so in e‐mail.

45. Conflict of Interest Bidders must state in their submission any circumstances, arrangements, understandings or relationships that constitute, or may reasonably be considered to constitute, an actual or potential conflict of interest with the Bidders (or their consortium partners) obligations under this RFP (including but not limited to these conditions of proposal) or under any contract which may be negotiated or executed between the Bidder and OPGC. Bidders and their employees, agents, advisers and any other person associated with the Bidder must not place themselves in a position which may, or does, give rise to a conflict of interest (or a potential conflict of interest) between the interests of OPGC or any other interests during the bidding process.

46. Ownership of Responses Without affecting any intellectual property rights, which may exist in a response to this RFP document, all responses submitted will become the property of OPGC. Without limiting this section, OPGC reserves the right to copy and reproduce responses for the purposes of evaluation, clarification, negotiation and/or contract execution and anything else related to these purposes. In addition, OPGC will retain (soft and hard) copies of all responses, evaluation, negotiation or such other materials as are required for the discharge of its legal obligations and in order to efficiently and effectively manage any contract entered into with a Bidder.

47. Owner’s Right to Accept Any Bid and to reject any or all Bids OPGC reserves the right to accept or reject any bid or to annul the bidding process and reject all bids at any time prior to Contract award, without assigning any reasons thereof and OPGC shall not entertain any claim whatsoever on this account.

48. Opening of Bids The Techno‐Commercial bids shall be opened at a predetermined time, venue & date in presence of the Bidder(s) or their authorized representative(s) who may like to be present. Bidders qualifying based on the qualification to bid and mandatory evaluation criteria for bidder would have their detailed bids evaluated. Bidders not meeting the qualification to bid and mandatory evaluation criteria for bidder would be dropped from any further evaluation/ consideration. Partner, Director or permanent employee of the firm duly authorized only can be the authorized representative. Price bid shall be opened at a future date under intimation to all technically qualified Bidders and in presence of Bidder or their authorized representatives who are successful in technical bid evaluation.

49. Preliminary examination & Clarification on Bids



OPGC will examine the bids to determine whether they are complete, whether the documents have been properly signed and whether the bids are generally in order. Any bids found to be non‐responsive for any reason or not meeting the minimum levels of the performance or other criteria specified in the Bidding Documents will be rejected by OPGC and shall not be included for further consideration. OPGC will also carry out a preliminary examination of any alternative bids submitted by Bidders. ‐ Prior to the detailed evaluation, OPGC will determine whether each bid is complete, and is substantially responsive to the Bidding Documents. For the purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions, and specifications of the Bidding Documents without material deviations, exceptions, objections, conditionality or reservations. A material deviation, exception, objection, conditionality, or reservation is: • One that limits in any substantial way the scope, quality, or performance of the desired system; or • one that limits, in any substantial way that is inconsistent with the Bidding Documents, OPGC rights or the successful Bidder’s obligations under the Contract; and • One that the acceptance of which would unfairly affect the competitive position of other Bidders who have submitted substantially responsive bids. ‐ In particular, bids with deviations from, objections to or reservations about critical provisions such as those concerning Bid Security, Governing Law, Taxes and Duties, Defect Liability, Maintenance period, Patent Indemnity or Limitation of Liability, that the Bidder is not prepared to withdraw, will be treated as non‐responsive. OPGC’s determination of a bid’s responsiveness will be based on the contents of the bid itself without recourse to extrinsic evidence. During the bid evaluation, OPGC may, at its discretion, ask the Bidder for clarifications on its Proposal. The request for clarification and the response shall be in writing, and no change in the price or substance of the bid shall be sought, offered, or permitted.

50. Language English shall be the binding and controlling language for all matters relating to the meaning or interpretation of this bid document.

51. Integrity Pact The Bidder shall submit the signed & stamped copy of INTEGRITY PACT as per the format specified at Section‐9.0 in the Techno Commercial bid; otherwise bid shall be liable for rejection.



9. Bid supporting documents 9.1 Letter of Undertaking by the Bidder

Letter of Undertaking by the Bidder

PROFORMA OF LETTER OF UNDERTAKING TO BE SUBMITTED BY THE BIDDER ALONG WITH HIS BID.

(To be executed on non‐judicial stamp paper of requisite value) Ref: Date: To Odisha Power Generation Corporation Ltd., IB Thermal Power Station, Banharpali. (Hereinafter referred to as the Owner) I/We have read and examined the Bid documents relating to “Implementation of SAP ERP with Post‐Implementation

support at OPGC”.

I/We hereby tender for execution of the works referred to in the aforesaid documents upon the terms and conditions

contained or referred to therein and in accordance in all respects with the specifications, designs, drawings and other

relevant details contained in Schedule of Quantities / Price schedule attached with the Bid documents and the period

(s) of completion as stipulated in the Contract.

In consideration of I/We being invited to Bid, I/We agree to keep the Bid open for acceptance for 180 days from the

due date of opening of bid thereof including the extended period if any and not to make any modifications in its terms

and conditions which are not acceptable to the Owner.

A sum of 1% of quoted price is hereby forwarded in shape of Demand Draft drawn in favour of Odisha Power

Generation Corporation Ltd. and payable at State Bank of India (Code‐9510) / Andhra Bank (Code‐0662) / Central Bank

of India (Code‐283899), ICICI Bank (Code‐ICIC0003679) payable at Telenpali or Bank Guarantee issued by a

______________Bank as Earnest Money in the manner prescribed in NIT enclosed. If I/We fail to keep the Bid open as

aforesaid or make any modifications in the terms and conditions of the Bid, which are not acceptable to the Owner,

I/We agree that the Owner shall, without prejudice to any other remedy, be at liberty to forfeit the said earnest money



absolutely. Should this Bid be accepted, I/We hereby agree to abide by and fulfil all the terms, conditions and

provisions of the aforesaid documents.

If, after the Bid is accepted, I/We fail to commence the execution of the works as provided in the conditions, I/We

agree that the Owner shall without prejudice to any other right or remedy be at liberty to forfeit the said earnest

money absolutely.

Signature of Bidder …………………

Duly authorized to sign the Bid on behalf of the (in block capitals)…………………..

……………………………………………..

Dated………………………………………

Postal Address…………………………

Telegraphic Address……………………

Telephone No……………………………..

Fax No…………………………………….

E‐mail address ……………………………

Witness……………..

Date………………..

Address……………



9.2 Exclusions / Deviations Statement

DEVIATION / EXCLUSION / VARIATION STATEMENT

We confirm that the following are the only deviations / exclusions / variations to the requirements described in your

Bid Document Number …………..dated ……….and as responded in our proposal / bid Number ………. dated ………. Except

for these deviations / exclusions / variations, we confirm to all the other requirements of the said Bid Document.

Sr. No.

Page no. of Bid Document

Serial no. of Bid Document

Subject Deviation / Exclusion / Variation

We declare that any other deviations noted in other places in the bid documents / correspondences shall be ignored

and construed as our unconditional acceptance of the respective tender terms, unless mutually agreed under seal and

signature from both sides.

Thanking you,

Yours faithfully

Name and Designation of Signatory:

Name of Firm:

Address

Notes:

a) This form has to be signed by authorised signatories of the Bidder. b) Please use separate sheets in case the deviation / exclusion / variation that cannot be adequately described in the

table above clearly mentioning the reasons). c) The Bidders must comply with all requirements of this Bid Document. However, where the Bidder is unable to

comply with specific requirements listed out in this document, he must specifically indicate these in the format given above. Anything contained in this Bid Document, which has not been specifically excluded, or for which deviations have not been indicated, will be regarded as being agreed to by the Bidder.



9.3 Performa for Bank Guarantee for Bid Security (Earnest Money Deposit)

PROFORMA BANK GUARANTEE IN LIEU OF DD FOR EARNEST MONEY (on Non Judicial stamp paper of appropriate value)

(Applicable to Bid value more than Rs. 25 lakh only)

Ref: Date:

Bank Guarantee No.

To

Odisha Power Generation Corporation Ltd.,

Ib Thermal Power Station,

At/Po‐ Banharpali,

Dist‐Jharsuguda‐768234.

Dear Sir,

In consideration of Odisha Power Generation Corporation having its Registered office at 7th.Floor, Zone – A, Fortune

Towers, Chandrasekharpur, Bhubaneswar‐751 023 (hereinafter called the “Owner” which expression shall unless

repugnant to the subject or context include its successors and assigns) having issued Bid Specification Against NIT

No_________________________________________ dt.________________ to

M/s________________________________________ having its Registered / Head office

at_________________________________________ (hereinafter called the Bidder) who wishes to participate in the

said tender for _______________and you, as a special favour, have agreed to accept an irrevocable and unconditional

Bank Bid Guarantee for an amount of Rs.________________________________ valid up to ___________________ On

behalf of the Bidder, as a condition for participation in the said tender.

We, the _____________________ Bank incorporated under ________________ law and having one of our branches at

_________________ and having our Registered office/Head office at _________________ do here by unconditionally

and irrevocably guarantee and under take to pay to the “Owner” immediately on demand without any demur,

reservation, protest, contest and recourse the said sum of Rs._____________ (Rupees _______________________

only). Any such claim/demand made by the said “Owner” on us shall be conclusive and binding on us irrespective of

any dispute or differences raised by the Bidder.



This guarantee shall be irrevocable and shall remain valid up to ……………… if any further extension of this guarantee is

required the same may be extended at Bank's sole discretion to such required period on receiving instructions from

……………..on whose behalf this guarantee is issued.

We, the said Bank lastly undertake not to revoke this guarantee during its currency except with the previous consent of

the Owner in writing and agree that any change in the constitution of the said tenderer or the said Bank shall not

discharge our liability. In witness where of the Bank, through its authorised officer, has set its hand and stamp on this

___________________________ day of _______________________20______

Witness:

(Signature) (Signature)

____________________ __________________

Name Name

_____________________ (Designation with Bank stamp)

Official Address

Attorney as per Power of Attorney

No.___________________

Date.___________________



9.4 Integrity Pact

Between

Odisha Power Generation Corporation Ltd. (OPGC), a company registered under the Companies Act 1956 and having its registered office at Zone‐A, 7th Floor, Fortune Towers, Chandrasekharpur, Bhubaneswar‐ 751023, Odisha (India) hereinafter referred to as “Principal”, which expression unless repugnant to the context or meaning hereof shall include its successors or assigns of the ONE PART

And

__________________________________________________________, description of the party along with address), hereinafter referred to as “Bidder/ Contractor” which expression unless repugnant to the context or meaning hereof shall include its successors or assigns of the OTHER PART (The Principal and the Bidder/ Contractor together are collectively referred to as the “Parties” and individually as a “Party” in this Pact).

Preamble The Principal intends to award, under laid‐down organizational procedures, contract/s for… ………………………………………………………………(“Contract”) The Principal values full compliance with all relevant laws of the land, rules and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder(s)/ Contractor(s). In order to achieve these goals, the Principal enter into an Integrity Pact (“Pact”) with the Bidder(s)/ Contractor(s) for the tender process and execution of the Contract and will appoint Independent External Monitor(s), who will monitor the tender process and the execution of the Contract for compliance with the principles mentioned above. Section 1 – Commitments of the Principal 1.1 The Principal commits itself to take all measures necessary to prevent corruption and to observe the following

principles:‐ 1.1.1 No employee/Director/management representative of the Principal, personally or through family members or

through third party, will in connection with the tender process for, or the execution of a Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

1.1.2 The Principal will, during the tender process treat all Bidder(s)/ Contractor(s) with equity and reason. The Principal

will in particular, before and during the tender process, provide to all Bidder(s) the same information ( other than the clarifications sought for by the Bidder(s)/Contractors with respect to the bidder specific information required to be provided only to the concerned Bidder(s)/Contractor(s),) and will not provide to any Bidder(s)/Contractor(s) confidential / additional information through which the Bidder(s) /Contractor(s) could obtain an advantage in relation to the tender process or the contract execution.



1.1.3 The Principal will exclude from the tender process or execution of the Contract all known prejudiced persons

including those employees/ Directors/management representatives of the Principal who have family relationships with the employees or Directors of the Bidder(s)/Contractor(s).

1.2 If the Principal obtains information on the conduct of any of its employees/ Directors/ management representative

which is a penal offence under the Indian Penal Code 1860 and Prevention of Corruption Act 1988 or any other statutory penal enactment, or if there be a substantive suspicion in this regard, the Principal will inform its Chief Vigilance Officer for further enquiry and initiation of disciplinary actions against the person(s) concerned.

Section 2 – Commitments of the Bidder(s)/ Contractor(s) 2.1 The Bidder(s)/ Contractor(s) commit itself to take all measures necessary to prevent corruption. The Bidder(s) /

Contractor(s) commits itself to observe the following principles during its participation in the tender process and during the contract execution.

2.1.1 The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer, promise or give to the

Principal or to any of the Principal’s employees/ Directors/ management representative involved in the tender process or the execution of the Contract or to any third person any material, immaterial or any other benefit which he / she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the Contract.

2.1.2 The Bidder(s)/ Contractor(s) will not enter with other Bidder(s) into any illegal or undisclosed agreement or

understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non‐submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

2.1.3 The Bidder(s)/ Contractor(s) will not commit any penal offence under the relevant IPC/ PC Act and any other such

similar applicable Acts; further the Bidder(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

2.1.4 The Bidder(s)/ Contractor(s) will, when presenting his bid, disclose any and all payments he has made, and is

committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2.1.5 The Bidder(s) / Contractor(s) will not, directly or through any other person or firm, approach any Government

officials, ministers, political persons public servants, or any external agencies in an effort to influence the bidding decision making process or to attain any undue favours to the Bidder(s) / Contractors(s).

2.1.6 The Bidder(s)/Contractor(s) shall exclude, from the tender process or execution of the Contract all known

prejudiced persons including those employees / Directors /management representatives of the Bidder(s) / Contractor(s) who have family relationships with the employees or Directors of the Principal.



2.1.7 The Bidder(s)/Contractor(s) shall disclose the circumstances, arrangements, undertakings or relationships that

constitute, or may reasonably be considered to constitute, an actual or potential conflict of interest with its obligations specified in the tender process or under any contract which may be negotiated or executed with the Principal. Bidder(s)/Contractor(s) and their employees, agents, advisors and any other person associated with the Bidder(s)/Contractor(s) must not place themselves in a position which may, or does, give rise to conflict of interest (or a potential conflict of interest) between the interests of the Principal or any other interests during the tender process or through operation of the Contract.

2.1.8 The Bidder(s)/Contractor(s) will not indulge in any corrupt, fraudulent, coercive undesirable or restrictive practice

in the tender process or the execution of the Contract. 2.2 The Bidder(s)/ Contractor(s) or its sub‐contractors or its agents will not instigate third persons to commit offences

outlined above or be an accessory to such offences. Section 3 – Disqualification from tender process, termination of the Contract and exclusion from future contracts If the Bidder(s)/ Contractor(s), during the tender process or before award of the Contract or during the execution of the Contract has committed a transgression through a violation of Section 2 above, or acts in any other manner such as to put its reliability or credibility in question, the Principal may disqualify the Bidders(s)/ Contractor(s) from the tender process or decide not to award the Contract or terminate the awarded Contract or blacklist the Bidder(s)/Contractor(s). l and seek damages as specified in Section 4. Section 4 – Compensation for Violations 4.1 If the Principal has disqualified the Bidder(s)/ Contractor(s) from the tender process prior to the award of the

Contract according to Section 3 or 5, the Principal is entitled to demand and recover the damages by encashment of the Earnest Money Deposit/ Bid Security deposited by the Bidder(s)/ Contractor(s) while making submission in the tender process.

4.2 If the Principal has terminated the Contract according to Section 3 or 5, or if the Principal is entitled to terminate

the Contract according to section 3 or 5, the Principal is entitled to demand and recover from the Contractor liquidated damages equivalent to 10% of the Contract value or the amount equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher, in addition to the Liquidated Damages already agreed to by the Bidder(s)/ Contractor(s) in the Contract.

Section 5 – Previous Transgression 5.1 The Bidder(s)/ Contractor(s) declares that no previous transgressions occurred in the last three (3) years with any

other organization in any country conforming to the anti‐corruption approach or with any other Public Sector Enterprise in India that could justify its exclusion from the tender process or the execution of the Contract.



5.2 If the Bidder/ Contractor has made incorrect statement/disclosure on this subject or hides such information, the Principal is entitled to disqualify the Bidder/Contractor from the tender process or the execution of the Contract, if already awarded, may terminate the Contract and claim compensation as mentioned in section 4.

Section 6 – Equal treatment of all Bidders/ Contractors/ Sub‐contractors 6.1 The Bidder(s)/ Contractor(s) undertake(s) to demand from his sub‐contractors a commitment consistent with this

Integrity Pact. This commitment shall be taken only from those sub‐contractors whose contract value is more than 20% of Bidder’s/ Contractor’s contract value with the Principal.

6.2 The Principal will enter into individual Integrity Pacts with identical conditions as this one with all Bidders and

Contractors for the tender process. 6.3 Only those Bidder(s)/ Contractor(s) who have entered or expressed intention of entering into Integrity Pact with

the Principal shall be eligible to participate in the tender process or execution of the Contract. 6.4 The Principal will disqualify the Bidder(s)/ Contractor(s) from the tender process who do not execute the Integrity

Pact or violate its provisions. Section 7 – Criminal Charges against violating Bidders/ Contractors/ Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office of the State in which the Principal has its Registered Office. Section 8 –Independent External Monitor(s) 8.1 The Principal will appoint one or more competent and credible Independent External Monitor(s) (“Monitor”) for

monitoring the implementation of this Pact. The task of the Monitor will be to review independently and objectively, whether and to what extent the Parties comply with the obligations of the Integrity Pact.

8.2 The Monitor shall not be subject to instructions by the representatives of the Parties and shall perform his

functions neutrally and independently. The Monitor shall report to the OPGC Board. 8.3 The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction to all the

document related to the tender process or the execution of the Contract of the Principal including that provided by the Bidder(s)/ Contractor(s). The Bidder(s)/ Contractor(s) shall grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to the document in its possession related to the tender process or execution of the Contract. The same is applicable to Sub‐contractor(s) of the Bidder(s)/ Contractor(s). The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s) / Subcontractor(s) with strict confidentiality.



8.4 The Principal will provide to the Monitor sufficient information about all meetings among the Parties related to the tender process or the execution of the Contract provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/ Contractor. The Parties shall offer to the Monitor the option to participate in such meetings.

8.5 As soon as the Monitor notices, or believes to have noticed, a violation of the Integrity Pact, he will so inform the

Managing Director of the Principal and request him to take corrective action, or heal the situation, or to take other relevant action. The Monitor may in this regard submit non‐binding recommendations. Beyond these actions, the Monitor shall have no right to demand from the Parties that they act in a specific manner, refrain from action or tolerate action.

8.6 If the Monitor reports to the Managing Director of the Principal, a substantiated suspicion of an offence under

relevant IPC / PC Act, the Managing Director of the Principal shall within reasonable time, taken visible action to proceed against such offence.

8.7 The number of Independent External Monitor(s) shall be decided by OPGC. 8.8 The word ‘Monitor’ would include both singular and plural. Section 9 – Pact Duration 9.1 This Pact shall become effective from the date when both the Parties have executed it or the Parties have shown

their intent to enter into the Pact, whichever is earlier. This Pact will expire for the Contractor after it meets all the obligations of the Contract and for all other Bidders 6 months after the Contract has been awarded.

9.2 If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse

of this Pact as specified as above, unless it is discharged/ determined by the Principal Section 10 – Other Provisions 10.1 This agreement is subject to Indian Laws and jurisdiction shall be registered office of the Principal, i.e.

Bhubaneswar. 10.2 Changes and supplements to the Pact as well as notices of termination of the Pact to be sent to any Party shall be

made in writing by mutual agreement between the Parties. 10.3 If the Bidder/ Contractor is a partnership or a consortium, this Pact shall be signed by all partners or consortium

members. 10.4 Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains

valid. In this case, the parties will strive to come to an agreement to their original intentions. 10.5 Only those Bidder(s)/ Contractor(s) who have expressed their intention through submission in the tender process

or have entered into this Pact with the Principal will be eligible to participate in the bidding.



For & On behalf of the Principal For & On behalf of the Bidder/ Contractor (Office Seal) (Office Seal)

Place: ____________ Date: _____________ Witness: ____________________ Witness: _______________________ (Name & Address): ____________ (Name & Address): ________________



9.5 Owner Safety Rules

The Vendor shall provide Personal Protective Equipment (like helmet, shoes, safety glass, nose mask and earplug etc.) as many as required to all his workmen & ensure safety policy of Owner strictly otherwise they will not be allowed to work. Standard of personal protective equipment to be provided by the Vendor to their employees are indicated below.

1. Industrial safety helmet conforming IS: 2925 2. Safety shoes conforming IS: 9473-1993 3. Dust mask conforming IS: 9473-1983 4. Full body Harness along with Lifeline with fall arrestor 5. Safety glasses for dust protection (Lightweight safety glasses with side shield to protect against

wind & ultraviolet ray with adjustable side arms for personalized fit). 6. (i) Ear muff conforming IS:6229 (ii) Ear plug or Ear seal Unique closed cell polyester from smooth tapered surface similar to ear canal swells slowly to fit individual Ear canal. (Any one item out of three types of ear protection device should be issued) 7. Flame-Water-Oil-Acids & alkali resistant work wear (made of 100% cotton fabric) 8. Safety gloves of Kevlar or equivalent (high temp. resistance) 9. Face shield (conforming IS: 8521 part I type-I) 10. Electrical hand gloves 440v & 33 KV conforming IS: 4770 11. Hand gloves for chemical laboratory made from pure latex Acid and Alkali proof 12. Hand gloves for concentrated chemicals made from superior PVC inside cotton reinforce for better grip 13. Split chrome leather hand gloves for handling rough object. 14. Canvas hand gloves for handling smooth object & doing light work with it. 15. Flip up goggles with stationery frame fitted with ophthalmic grade zero power toughened lens and

fitting frame, Blue lens for furnace, Green shade No.4 for gas cutting, dark green No.11 for glasses for ARC welding whenever is required.

16. Panoramic type safety goggles for acid & alkali whenever is required. Vendor shall ensure proper use of personal protective equipment by their workmen and supervisor on duty.

Before issue of the above PPEs depending on the need of the area of work the sample of the same must be provided to Owner Safety Officer for inspection & approval. The Vendor shall be issued entry pass for their employees after due verification of the quality of the standard PPEs and imparting necessary training well in advance (i.e. before 7 days of commencement of work) by Project Manager / Safety Officer. a) None of the Vendor’s employees shall be allowed inside the plant premises without valid gate pass,

safety shoes, helmet & safety glasses. b) Vendor shall ensure that all his employees use proper PPEs inside the plant premises as per the

work & site requirement. c) During the course of execution of the work the Vendor must ensure use of appropriate tested tools

by their workmen. Safe working practice must strictly be followed, e.g. use of proper plug & socket for electrical connections, right size & standard spanner, right capacity and tested lifting & pulling equipment etc.

d) The Vendor must ensure tidiness of the work place during & after completion of the work. e) In case of any doubt relating to safety guidelines, the Vendor should seek advice of Project

Manager / Safety Officer immediately for clarification.



f) The Vendor must provide adequate first aid boxes at different locations and maintain a register to this effect.

g) The Vendor should follow proper firefighting procedure while executing the work. h) The Vendor must provide proper barricades for excavations & other hazardous areas with proper

marking even during night time. i) The Vendor should use proper & safe scaffoldings wherever required. j) The Vendor should take utmost care & precaution while handling inflammable gases, compressed

gases & explosives. k) The Vendor should use proper fall protection equipment while working at height and guard the

bottom area. l) The Vendor should not use any metallic ladders inside ITPS premises. m) The Vendor should use proper electrical & lifting tools having periodic testing. n) The Vendor should follow Owner policy for PTW, Hot work permit & confined space. Before

starting any work the Vendor should obtain the required clearance from the concerned authority. o) The Vendor should follow all safety standards, codes, rules, regulations & acts as in force. p) The Vendor must engage only experienced and qualified manpower to prevent any safety lapses

during execution of the work. ANY DEFICIENCY IN SAFETY ASPECTS SHALL BE VIEWED SERIOUSLY BY OWNER. THE VENDOR WILL BE PENALISED UP TO THE EXTENT OF Rs.10, 000/- (RUPEES TEN THOUSAND ONLY) PER EACH LAPSE AS DETERMINED BY THE PROJECT MANAGER. OWNER RESERVES THE RIGHT TO TERMINATE THE AGREEMENT AND DEBAR THE VENDOR TO PARTICIPATE ANY FUTURE BIDDING IN CASE OF CONTINUED FLOUTING OF THE SAFETY NORMS PRESCRIBED BY OWNER.



Bidders shall strictly follow OPGC EHS Policy guidelines. The spirit of the EHS Policy shall be

reflected during the course of contract execution by implementing minimum EHS expectation of

OPGC.