HCI Tender
HCI Tender
HCI Tender
Title:
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Table of Contents
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Notice Inviting Tender
2. Tender Documents shall be available only on the Internet and shall not be available for sales
elsewhere.
3. The Special Instructions to the Contractors/Bidders for the e-submission of the bids are given
under “Help to Contractors” in website http://etenders.kerala.gov.in/nicgep/app
4. The tender should be submitted through the e-procurement portal of the Government of Kerala:
www.etenders.kerala.gov.in.
5. The bidder shall pay a Non-Refundable Tender Fee of Rs. 5,000/- and refundable Earnest Money
Deposit for Rs. 50,000/- (Rupees Fifty Thousand only). The amounts shall be paid directly on-line
through e-Procurement portal www.etenders.kerala.gov.in. EMD of unsuccessful bidders will be
refunded. EMD of successful bidder will be refunded after submitting the security deposit and
agreement. EMD is liable to be forfeited in case (1) the bidder withdraws his tender after opening the
tenders (2) the successful bidder fails to furnish the Security Deposit/performance bank guarantee
within fifteen days after acceptance or fails to enter into agreement for supply of the items in the
tender within fifteen days. No interest shall accrue on Earnest Money Deposit.
6. The bidder shall submit an agreement in Rs.200/- worth Kerala Government Stamp Paper in the
format specified in Annexure –7 , duly filled and signed by the bidder in sealed cover to the Head
Purchase, before opening of the tenders.
7. The tender document should be submitted as per formats along with all relevant documents in
support of qualifications and experience.
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Important Dates & Time of the Tender
8. KELTRON reserves the right to amend or cancel the tender in part or in full without prior notice at
any point of time.
Head Purchase
IT Business Group
Kerala State Electronics Development Corporation Ltd
KeltronHouse, Vellayambalam,
Thiruvananthapuram-695033, Kerala
Tel: 0471-4094444, 2729126 Fax: 0471-2724545
Email: itpurchase@keltron.org
URL:www.keltron.org
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1 Instructions to Bidders
2.1 Instruction – Definitions
1. “KELTRON / The Buyer” means Kerala State Electronics Development Corporation Limited.
2. "The Bidder / Vendor" means the individual or firm or company who participates in this
tender and submits its bid.
3. “Project Leader” means the executive responsible for signing all documents from KELTRON
side and shall coordinate all the activities of the project with the bidder / contractor.
4. "The Supplier / Contractor" means the individual or firm making up the supply / work defined
in the Notice Inviting Tender.
5. "The Supply Order/Work Order" means the order placed for the supply of systems /
equipments and installation and commissioning of works by the Buyer on the Contractor duly signed
by the Buyer including all attachments and appendices thereto and all documents incorporated by
reference therein.
6. “The Contract” means the agreement signed between the Buyer and the Contractor as per
the terms and conditions contained in the Supply Order / Works Order.
7. "The Contract Price" means the price payable to the Contractor under the Supply Order /
Works Order for the full and proper performance of its contractual obligations.
8. “Non-Responsive Bid” means a bid, which is not submitted in line with the tender
requirements - Invitation to Bidders, General Terms and Conditions of the Tender, Special Terms and
Conditions of the Tender and other conditions in the tender documents, EMD etc.
2.2 Instructions for preparing the Tender Document.
1. Download the tender document from the e-procurement web portal of Government of Kerala
www.etenders.kerala.gov.in
2. The tender document should be submitted as per formats along with all relevant documents
in support of qualifications and experience.
2.3 Cost of bidding
The Bidder shall bear all costs associated with the preparation and submission of the bid. The Buyer,
will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the
bidding process.
2.4 Bid documents
The required materials, bidding procedures and contract terms are prescribed in the Bid Documents.
The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid
Documents. Failure to furnish all information required as per the Bid Documents or submission of
bids non-responsive to the Bid Documents in every respect will result in rejection of the bid.
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2.5 Amendments to bid documents
At any time, prior to the date of submission of bids, the Buyer may, for any reason, whether at its
own initiative or in response to a clarification requested by a prospective Bidder, modify the bid
documents by amendments.
The amendments shall be notified and published in the location from where the original tender
documents were made available for download as notified in the Tender Notification.
2.6 Preparation of bids - documents comprising the bid
Submit the tender through the e-procurement portal www.etenders.kerala.gov.in on or before the
last date and time specified in the Tender Notice.
The bid shall be in two parts as follows:
6. Bidder must be a as a single legal entity (Company), must be incorporated and registered in India
under the Indian Companies Act 1956 and should have been in operation in India for minimum of
Five years-Copy of Certificate of Incorporation
7. The Bidder should have an annual turnover of INR 5 Crores. The bidder should be profitable over
the last three consecutive financial years(2019-20,2018-19,2017-18)(Balance sheet & P&L Sheet to
be submitted)
8. Bidder must have executed at least 3 Storage/HCI project in the last three Financial Years in
Central Government / Central Autonomous Body/Central Public Sector Undertaking/ State
Government /State Public sector undertaking in INDIA and one of the project should be with the
value of atleast 50 Lakhs- Copy of Client certificate, work order, or completion certificate
9. Bidder should upload an ISO 9001:2008 or Latest certification
10. Proof of PAN and GST registration.
11. Details of authorized service and support centre in Kerala.
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12. The Bidder must be authorized by the proposed Solution providers.-Letter of undertaking to this
effect on the OEM's letter head, signed by authorized signatory of OEM (HCI, Server and Backup
software)
13. The Bidder shall not be under a Declaration of Ineligibility for corrupt or fraudulent practices or
blacklisted with any of the Government agencies (Annexure-8).
14. Should produce relevant datasheets of the Hyper Converged Infrastructure (HCI) Node, VM
WARE software, Switch, and Rack etc. being offered.
15. Commitment of single source responsibility in company’s letter head.
16. Bidder should have a competent and Technical certified HCI expert in its payroll for carrying out
the installation and migration activity else bidder can opt for OEM professional service and if that’s
the case this needs to execute without incurring any cost to NISH.
1. Commercial Bid for the Schedule of Items quoted in the prescribed format
2.7 Bid prices
1. Prices in the Commercial bid format shall be entered in the following manner:
2. The Basic Unit Rate of the Item in Rupees and GST amount in Rupees shall be entered in the
respective cells of the format.
3. The rate quoted by the bidder shall be on F.O.R Destination basis. The quoted price shall be valid
for a period of 180 days from the date of submission.
4. The bidder shall quote the rate in numerals. The rates shall be in whole numbers
5. All expenses incurring towards the delivery of the item at destination including unloading charges
has to be borne by the bidder.
Hard file of the technical documents should be submitted on or before technical opening date
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2. Bidder must attach required technical brochures / literatures / data sheets for all the products
asked in the tender to ensure that compliance to all the specifications given in the tender document
can be verified. Non-availability of specifications (as mentioned in the tender document) in the
brochure/literature will be treated as non-compliance and no clarifications shall be asked in this
regard. If bidder fails to submit the required brochures/literatures along with the tender document,
it shall be treated as non-compliance and may lead to outright rejection of bid submitted by bidder.
3. Each specifications sought shall be marked or highlighted in the attached brochures / literatures /
data sheets. The brochures / literatures / data sheets shall be superscripted with the Item Number
and shall be arranged sequentially. The supporting documents shall carry all the required
specifications and same shall be marked.
4. The compliance statement submitted shall be duly supported by technical literature, equipment
brochures & other related reports / documents from the OEM. The compliance statement not
supported by the documentary evidence shall not be considered. Such bids shall be considered as
non-responsive and may result in rejection on technical grounds.
2.10 Period of validity of tender (bid)
1. The Tender (Bid) shall remain valid for a period of 180 days from the date of submission. The
bidder shall not be entitled to revoke or cancel the offer or to vary any term thereof, during the
said period of validity.
2. If there is any delay in finalization of the tender due to unforeseen factors, all the bidders shall
be asked to extend the validity for an appropriate period, specifying a date by which tender is
expected to be finalized. The request and the responses thereto shall be made in writing. The
tender process will not be vitiated if any tenderer declines to extend the offer as requested for.
2.11 Bid opening and evaluation - opening of pre-qualification cum technical bids:
The Buyer shall open Pre-qualification cum Technical Bid on the Tender Opening Time and Date as
notified in the Tender Notification.
2.12 Evaluations and comparison of substantially responsive technical bids:
The Buyer shall evaluate in detail the Technical Bids (Cover I) and the sample unit (If applicable) &
determine whether the bid complies with all the Qualitative Requirements (QRs) and shall be treated
at par for the purpose of financial comparison.
2.13 Opening of the commercial bids:
1. Commercial Bids (Cover II) of those vendors who qualify technically shall be opened.
2. The comparison of evaluation shall be of the total cost of the bid, inclusive of all taxes, levies and
charges.
2.14 Contacting the buyer
1. Canvassing in any form in connection with the tenders is strictly prohibited and the tenders
submitted by the contractors who resort to canvassing are liable for rejection. Such rejected tenders
will not be returned.
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2. No bidder shall try to influence directly or through external source, the Buyer on any matter
relating to its bid, from the time of publication of the Tender Notification till the time the contract is
awarded.
3. Any effort by a bidder to influence the Buyer in the bid evaluation, bid comparison or contract
award decisions shall result in the rejection of the bid, and such actions will be considered as bad
performance for future Projects.
2.15 Award of contract
1. The acceptance of the tender will be intimated to the successful bidder by the Buyer, by E-mail,
Fax or by Post.
2. The buyer shall be the sole judge in the matter of award of contract and decision of the Buyer
shall be final and binding.
3. The buyer reserves the right to reject the bid of parties who have failed to provide adequate /
timely after sales support for the products supplied against the earlier tenders of Keltron ITBG.
4. The buyer reserves the right to cancel the contract either in part or full, if the contractor fails to
deliver the specified quantity of the item at the stipulated time, and award the same to the next
successful bidder.
2.16 Right to accept or reject the tenders
1. The right to accept the tender in full or in part/parts will rest with the Buyer. However, the Buyer
does not bind itself to accept the lowest tender and reserves to itself the authority to reject any or all
the tenders received without assigning any reason whatsoever.
2. Tenders not accompanied with prescribed information or are incomplete in any respect, and/or
not meeting prescribed conditions, shall be considered as non-responsive and are liable to be
rejected.
3. The Buyer reserves the right to accept or reject any bid or a part of the bid or to annul the bidding
process and reject all bids, at any time prior to award of contract without assigning any reason
whatsoever and without thereby incurring any liability to the affected bidder or bidders on the
grounds for the Buyer’s action.
4. If the bidder gives wrong information in his tender, the Buyer reserves the right to reject such
tender at any stage or to cancel the contract, if awarded, and forfeit the EMD.
5. Should a bidder have a relation or relations employed with the Buyer in the capacity of an officer,
the authority inviting tender shall be informed. In the event of failure to inform and in a situation
where it is established that the relation or relations employed with the Buyer has / have tried to
influence the tender proceedings then the Buyer at its sole discretion may reject the tender or cancel
the contract.
6. The requirements indicated in the Tender Notification are the minimum and bids of the firms
not complying with these minimum requirements or having deviations equivalent to the minimum
requirements shall be rejected. However, higher than the minimum requirements shall be
technically acceptable without any additional financial implication.
7. Any correspondence after the opening of the technical bid, from the bidder, regarding the bid
unless specifically sought by the Buyer shall not be considered.
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2.17 Issue of letter of indent / supply order
1. The acceptance of the tender will be intimated to the successful bidder by the Buyer, by E-mail,
Fax or by Post.
2. The issue of a Letter of Indent shall constitute the intention of Buyer to enter into the contract
with the bidder.
3. The contractor shall execute an Agreement in prescribed format as mentioned in Annexure-7,
with the buyer within fifteen days of issuance of letter of Indent / Purchase Order.
4. The contractor shall furnish security deposit in the form Bank Guarantee as per Annexure-6, for
an amount equivalent to 10% of the contract value and the validity of the BG shall be for a period of
64 months. The same shall be submitted along with the Agreement.
5. The EMD amount of successful bidder will be released on submission of performance Bank
Guarantee and Agreement.
6. EMD amount of unsuccessful bidders will be refunded after one month from the commercial bid
opening.
3 Eligibility Criteria
The Bidders should upload documentary evidence for fulfilling the Eligibility Criteria. Documents to
be submitted along with the Technical bid of Tender document. If a bidder fails to upload the
documentary proof for eligibility, their bid will be summarily rejected.
1. Submission of Refundable Earnest Money Deposit and Non refundable Tender fee should be
remitted in e-Payment mode as per the instructions given in the website.
2. Bidders who are black listed by State / Central Government departments and organizations are
not eligible to participate in this tender and such bids will be summarily rejected. Bids containing
Products of black listed companies will also be rejected.
3. The Bidders should upload documentary evidence for fulfilling the Eligibility Criteria.
Documents are to be submitted along with the Technical bid of Tender document.
4. Bidder must be a single legal entity (Company), must be incorporated and registered in India
under the Indian Companies Act 1956 and should have been in operation in India for minimum
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of Five years (Copy of Certificate of Incorporation)
5. The Bidder should have an annual turnover of INR 5 Crores. The bidder should be profitable
over the last three consecutive financial years. 2019-20, 2018-19 and 2017-18. (Copy of the audited
financial statement should be submitted )
6. Bidder must have executed at least 3 Storage/HCI project in the last three Financial Years in
Central Government / Central Autonomous Body/Central Public Sector Undertaking/ State
Government /State Public sector undertaking in INDIA and one of the project should be with the
value of at least 50 Lakhs. (Copy of Client certificate, work order, or completion certificate)
7. Bidder must be certified for ISO 9001:2008 or Latest certification (Proof to be submitted in the
“Prequalification Cover” of the bid)
8. The bidder / employees of the bidder should have appropriate expertise in Engineering,
integration, operations and management of IT Information Systems and Infrastructure.
9. PAN & GST registration : (Copy of PAN card and GST shall be uploaded)
10. The bidder should have authorized service and support centre in Trivandrum, Kerala.
11. Consortium not permitted.
12. The bidder should guarantee support for the complete system (hardware and software) for the
next 5 years commencing from the date of commissioning/60 months from the date of delivery of
last item by the supplier.
13. The Bidder must be authorized by the proposed Solution providers. (Letter of undertaking to this
effect on the OEM's letter head, signed by authorized signatory of OEM (HCI, Server and Backup
software).
14. Should submit Technical brochures / literatures / data sheets for all the products asked in the
tender.
15. Compliance statement shall be uploaded as per the prescribed format attached (Annexure-4)
16. Commitment of single source responsibility in the company’s letterhead
17. Bidder should have a competent and Technical certified HCI expert in its payroll for carrying out
the installation and migration activity else bidder can opt for OEM professional service and if
that’s the case this needs to execute without incurring any cost to NISH. Bidder OEM competent
Implementation Certificate to be submitted with letter from HR stating the engineer in payroll
Or Declaration stating that OEM professional Services is included in the proposal
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Technical criteria:
18. The successful bidder should provide a Commitment of single source responsibility in the
company’s letterhead for Technical Lead and organization.
19. The bidder should provide unpriced detailed bill of material (Quoted Items) as per the prescribed
format mentioned in Annexure-5 in the tender document (all the line items of each product)
with part number, description and quantity of all the hardware and software items with respect
to this Tender.
20. The bidder shall provide a detailed technical solution write-up along with the bid describing in
detail how they plan to achieve the requirements mentioned in the functional requirement
section below.
21. The Bidder shall provide only one solution stack and options are not permitted for any of the
components.
4 Schedule of Requirement
4.1 Scope of work
a) Supply and Installation of 3 Node HCI.
b) Bidder must provide the solution by meeting all the mandatory technical requirements mentioned
in the RFP.
c) The selected Bidder is responsible for Comprehensive Maintenance Services on proposed solution
for 5 Years( 24 X 7, 4 Hrs onsite for five years fulfilled directly by OEM of appliance).
d) Bidders should migrate the exsiting data from the current storage to new HCI solution with
minmum downtime.
e) Upgradation of existing Active Directory servers to latest available versions without any downtime
f) Upgradation of File servers to latest available versions
g) Training of Personnel: The supplier shall provide the technical training to the personnel involved in
the use of the equipment at the Institute premises, immediately after completing the installation of
the equipment at the company cost.
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4.2 Bill of Materials
The bidder shall supply following hardware and software components as per following BoM, the
required quantity of license need to supply as per the proposed hardware solution meeting all
technical specifications.
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Patch Hyper Converged Solution should support single
Management RCM (Release center Matrix) or single patching
capabilities for both Hardware and Software on an
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HCI Appliance. Bidder need to attach product
technical specification sheet & OEM
Certificate to authenticate their claim.
Scalability Proposed solution must support automated cluster
31 deployment, configuration and non- disruptive
updates and migration
32 General Virtualization software should support live Virtual
Features Machine migration between different generations
of CPUs in the same cluster and without the need
for shared storage option.
The solution should able to support different
generation of Intel processors in the same cluster
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for investment
protection over the life of the proposed solution.
34 The solution should provide integration of 3rd party
endpoint security to secure the virtual machines
with offloaded antivirus, antimalware solutions
without the
need for agents inside the virtual machines.
Shall distribute data intelligently across all nodes
and capacity utilization across all nodes has to be
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uniform at all
times .
36 The solution should provide a virtual switch which
can span across a virtual data center and multiple
hosts should be able to connect to it. This in turn
will simplify and enhance
virtual machine networking in virtualized
environments
37 The solution should provide integration of 3rd party
endpoint security to secure the virtual machines
with offloaded antivirus, antimalware solutions
without the
need for agents inside the virtual machines.
Solution must provide quality of service on a per-
VM basis, meaning IOPS threshold limits can be set
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as a part of the
VM level policies that can be dynamically changed.
39 Rack Mount Proposed appliance should be rack mountable and
Kits all
accessories needed should be provided from
OEM/bidder.
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Single Point of Single point of support for HCI solution including L1,
Support L2, L3 for Hardware and Software (Virtualization &
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SDS) from
same OEM only to be provided.
Hybrid Cloud Proposed Appliance and hypervisor should support
and be certified to allow seamless integration with
hybrid clouds by addition of generally available
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software allowing bi- directional mobility of
VMs/Workloads between private and
public clouds without any downtime.
OS Support Proposed HCI solution and Hypervisor to support
Guest OS running latest versions of Windows
Standard/Data Center 2018 or above, SUSE
Enterprise Linux, RHEL 4 and above.
Bidder to produce support matrix from Hypervisor
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OEM confirming compatibility of proposed
Hypervisor with Guest OS asked in this clause as
well as respective Guest OS OEMs confirming
compatibility to hypervisor proposed in this
solution.
43 Management Bidder to propose one 24 Port Gigabit Management
Network Switch
Ports for proposed HCI and Storage Appliances.
HCI Network Solution should have no dependency on proprietary
interconnects i.e. should have capability to connect
to 3rd party network switches as well. Network
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switches in the solution should will be provided by
NISH for connecting the
HCI appliance
Professional Bidder should have a competent and Technical
Services certified HCI expert in its payroll for carrying out the
installation and migration activity else bidder must
engage OEM professional service for the design and
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onsite deployment of the solution with OEM quoted
and if that’s the case this
needs to execute without incurring any cost to
NISH.
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Technical Requirements for Backup Software
Sl Paramet Complianc
Description
No: er e Yes/No
Analyst Backup software proposed should be in Gartner's
Rating leader quadrant for last four years in gartner Magic
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Quadrant
report for Data Protection / Backup Software.
The proposed Backup software must offer minimum
10 VM based licenses with no restrictions on type of
arrays (protecting hetero genous storage
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technologies), front end production capacity or
Licensing
backup to disk target capacity
restrictions.
3 Licenses supplied should have licenses for Primary
site workloads with 5 year support
Backup software should have Capability to do trend
analysis for capacity planning of backup
environment, extensive alerting and reporting with
Reporting
4 pre-configured and customizable formats. Any
Capabilities
specialized reporting modules needed must be
quoted along with associated hardware to
achieve this functionality. All necessary hardware
Resources required to run this module should be
supplied.
5 Proposed solution should support 24x7 real-time
monitoring, with at-a-glance and drill-down views of
health, performance and workload of the virtual
hosts.
6 Proposed solution should support automated action
for popular alarms (automated or semi-automated),
with at-a- glance and drill-down views of health,
performance and
workload of the virtual hosts.
7 Software should be able to restore VMs to a cloud
service provider like AWS or Azure directly from the
backup copy.
8 Software should be able to extend the backup
Data
repository to a public cloud service provider by
Protection
moving older files to any S3 Compatible Object
and Recovery
storage or Azure BLOB repositories.
in the cloud
9 Backup software should be an image level backup
software supporting popular hypervisors like
Vmware, Hyper-V and Nutanix AHV Virtual
Environments. Provide Block level Incremental
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and Differential Backup and support
Incremental and Differential Imaging.
Backup software should support agent less backups
of applications reisding in VMs like SQL, Exchange,
Share point, Oracle, etc. with non-staged granular
recovery of all these applications. It should support
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crash consistent VM level backup for all other
workloads. Backup software should
support SAP HANA backup integrated with HANA
Cockpit
11 Proposed backup software should be able to
leverage Immutable Cloud based storage like S3-
Immutable service to prevent backup copies of data
from any corruption or
ransomware attacks.
Backup software should be a Hardware Agnostic
software and it should support snapshot integration
with hypervisors like VMware, Hyper-V and Nutanix
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AHV and support de- duplication on any storage
target. It should be able to backup data to tapes
(like LTO) as well for long term retention.
13 The proposed backup software should provide
recovery from physical servers to Virtual and image
level recovery.
14 Backup software should support file level recovery
from any backup of any VM or physical server. It
should support a full system recovery in case of a
system crash, either on a physical system or as a
Backup virtual machine.
15 support for Backup software should have integrated data de-
hypervisors duplication engine with multi-vendor storage
and support to save space by storing de-duplicated
Applications copies of data. The de- duplication engine should
also facilitate IP base replication of de-dupe data. All
necessary hardware and software
required to support this functionality should be
supplied along with other components
16 Backup software should provide best RTOs and
RPOs through booting of Virtual Machines directly
from the Backup to reduce the downtime.
17 Backup software should support instant recovery of
multiple VMs to support quick application recovery.
It should also allow instant recovery of selected VM
disks, without having to do instant recovery of all
VM disks for achieving highest levels of RTO for
relevant business data
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18 RPO/ RTO and Backup software must have a feature of data
Recovery validation, whereby a workload (VM with OS and
Assurance application) is powered-on in a sandbox
environment and tested for its
recoverability.
19 Recovery verification should automatically boot the
server from backup and verify the recoverability of
VM image, Guest OS and Application Consistency
and then publish
automated reports to be used in backup / recovery
audits.
Backup software should provide Backup and
Replication capabilities in one console only and also
allow users to integrate with RBAC capabilities of
the hypervisor, so that users can initiate backup and
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restore only those VMs to which they have access,
without administrator
intervention, thereby delivering self serve
capabilities.
21 Replication should include traffic compression, data
de-duplication and IP shaping.
The proposed Backup software must Support
Seamless Integration with Point-in-time storage
snapshots with Major OEM SAN Storages in the
22 environment to perform faster LAN Free backup
without any overhead to Hypervisor Compute Layer,
allowing recovery at the
application level, the file level, and the VM level.
The proposed backup software should be able to
integrate with anti-virus software and scan before
recovery of VMs and ensure that any infected VM is
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not restored or restore it with disabled network
adapters to prevent any infection
to spread through the network
Proposed backup software should have the ability
to perform staged restores to enable admins to
comply to regulations by selectively deleting files /
records which should not be restored from the
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backup copies. This will help in complying to "right
to be forgotten"regulations like GDPR, where user
data is deleted from restored backup
copies in an auditable manner.
Backup software should support instant recovery of
physical server data as a vmware VM without
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having to
move physical server data back to production host
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Terms & Conditions
The hardware & software supplied against this tender must include all the modules, sub modules and
items required for installation, smooth performance and crash recovery of the software such as
installation kit, CDs, Software Manuals, hardware sub-systems, license etc.
4.5 Compliance
1. The unconditional acceptance of all the terms & conditions of the Tender Notification has to be
submitted through a letter. The format of the letter is attached at Annexure-2.
2. The submission of the tender will imply acceptance of all the tender condition by the bidder laid
in tender document including all the Annexure(s) & schedules to the tender document.
3. The compliance to the terms & conditions should be supported by authenticated documentation
wherever required.
4. The submission of unconditional acceptance as described above is essential for the tender
evaluation. The failure to submit the unconditional acceptance statement in the said format shall
result in the tender being liable for rejection.
4.6 Language and Currency
The bidder shall quote the rates in numerals. The rates shall be in whole numbers. The bidders should
quote only in Indian Rupees and the bids in currencies other than Indian Rupees shall not be
accepted.
4.7 Standard Conditions of Bidder.
1. Standard printed conditions of the bidder to the offer, other than the conditions specified here,
will not be acceptable.
2. All entries in the tender shall either be typed or be in ink. Erasures shall render such tenders liable
to summarily rejection. The bidder shall duly attest all corrections, cancellation and insertions.
3. Bidder's offers shall be with reference to section and clause numbers given in the tender
schedules.
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4.8 Performance Bank Guarantee.
1. The successful bidder shall submit an unqualified Contract Performance Guarantee (in lieu of
Contract Performance Security) of the value equivalent to 10% of the total price to KELTRON in
the form of an irrevocable and unconditional bank guarantee of a scheduled commercial bank as
per Performa attached as Annexure-6. The guarantee shall be submitted and will be valid till 120
days after the end of the period of guarantee / warranty.
2. The performance guarantee shall be deemed to govern the following guarantees from the
successful bidder, in addition to other provisions of the guarantee:
3. The Equipments supplied under the contract shall be free from all defects / bugs and upon
notice from KELTRON/ customer, the successful bidder shall fully remedy, free of expenses to
KELTRON, all such defects / bugs as developed under the normal use of the said equipments
within the period of guarantee/Warranty Extended Warranty.
4. The performance guarantee will be returned to the successful bidder at the end of the period of
liability without interest.
5. The bidder as per operation, installation, maintenance manuals and performance guarantee tests
supplied by the successful bidder, will do the loading, installation, configuration & commissioning
of systems. The successful bidder will be fully responsible for the guaranteed performance of the
supplied systems and warranty obligations. In case of any problem after commissioning and
during guarantee period the successful bidder will depute his supervisor(s) to the site within 48
hours of intimation to remove all defects at contractor’s cost.
4.9 Correspondence
All correspondence would be directly with the bidder and correspondence through agents will not be
entertained.
4.10 Extension of Time
This work is urgent and hence the completion period as per contract shall be adhered to strictly.
4.11 Compensation for Delay
If the successful bidder fails to complete the supply / work within time fixed under the contract, he
shall pay to KELTRON without prejudge to any other rights or remedy as may be available to the
purchaser, an agreed compensation amount calculated @ 0.5% per week, of the total value of the
uncompleted portion of the work, or part thereof subject to a maximum value equal to 10% of the
value of the contract. Furthermore, if the delay exceeds 21 days after the scheduled date of supply,
such suppliers will not be considered for subsequent tenders.
24
4.12 Force Majeure
KELTRON may grant an extension of time limit set for the completion of the work in case the timely
completion of the work is delayed by force majeure beyond the contractors control, subject to what
is stated in the following sub paragraphs and to the procedures detailed their in being followed.
Force Majeure is defined as an event of effect that cannot reasonably be anticipated such as acts of
God (like earthquakes, flood, storms etc), acts of states, the direct and indirect consequences of wars
(declared or un-declared), hostilities, national emergencies, civil commotion and strikes (only those
which exceed a duration of ten continuous days) at successful Bidder’s factory. The successful
bidder’s right to an extension of the time limit for completion of the work in above-mentioned cases
is subject to the following procedures.
1. That within 7 days after the occurrence of a case of force Majeure but before the expiry of the
stipulated date of completion, the bidder informs the KELTRON in writing about the occurrence of
Force Majeure Condition (as per Annexure-3 to the tender document) and that the Bidder
considers himself entitled to an extension of the time limit.
2. That the contractor produces evidence of the date of occurrence and the duration of the force
majeure in an adequate manner by means of documents drawn up by responsible authorities.
3. That the contractor proves that the said conditions have actually been interfered with the
carrying out of the contract.
4. That the contractor proves that the delay occurred is not due to his own action or lack of action.
5. Apart from the extension of the time limit, force majeure does not entitle the successful bidder to
any relaxation or to any compensation of damage or loss suffered.
25
4.14 Settlement of Disputes
1. If a dispute of any kind whatsoever arises between the KELTRON and the Contractor in
connection with, or arising out of the Contract or the execution of the works, whether during the
execution of the Works or after their completion and whether before or after repudiation or after
termination of the contract, including any disagreement by either party with any action, inaction,
opinion, instruction, determination, certificate or valuation of the Project Leader or his nominee,
the matter in dispute shall, in first place be referred to the Managing Director, Keltron who shall
act as the conciliator on the matter. The disputes will firstly be settled by the Conciliator, failing
which any party may invoke arbitration clause.
2. Unless the Contract has already been repudiated or terminated or frustrated the Contractor shall
in every case, continue to proceed with the works with all due diligence and the Contractor and
KELTRON shall give effect forthwith to every decision of the Project Leader or his nominee unless
and until the same shall be revised, as hereinafter provided, by the Conciliator or in an Arbitral
Award.
4.15 Arbitration and Law.
1. Except where otherwise provided for in the contract, all questions and disputes relating to the
provisions of this contract shall be settled under the Rules of Indian Arbitration and Conciliation
Act, 1996, within thirty (30) days (or such longer period as may be mutually agreed upon from the
date that either party notifies in writing that such dispute or disagreement exists. The Managing
Director, KELTRON shall appoint the single Arbitrator for settlement of any dispute with regard to
this contract. The venue of Arbitration shall be Thiruvananthapuram, Kerala, India. The arbitration
resolution shall be final and binding upon the parties and judgment may be entered thereon,
upon the application of either party, by any court having jurisdiction.
2. Indian laws shall govern this contract.
4.16 Termination for default & risk purchase
The KELTRON may, without prejudice to any other remedy for breach of contract, by written notice of
default, sent to the Contractor, terminate this Contract in whole or in part in any or the following
events.
1. If the Contractor fails to deliver any or all of the Items within the time period(s) specified in the
Contract or any extension thereof granted by KELTRON
2. If the Contractor fails to perform any other obligation(s) under Contract.
3. If the Contractor, in either of the above circumstances, does not remedy his failure within a
period of 30 days (or such longer period as KELTRON may authorize in writing) after receipt of the
default notice from KELTRON.
As a penalty to the Contractor, KELTRON shall en-cash the Contract Performance Bank Guarantee or
redeem the Performance Guarantee Amount. The KELTRON in such case shall pay for the assessed
value of the executed work that can be used. No payment shall be made for the efforts put in by the
Contractor in case the same are of no value to KELTRON. The balance unfinished work of the project
will be got done at Contractor’s risk and that extra expenditure will be recovered.
26
4.17 Termination for insolvency
The KELTRON may at any time terminate the Contract by giving written notice to the supplier,
without compensation to the Contractor, if the Contractor becomes bankrupt or otherwise insolvent
as declared by the competent court provided that such termination will not prejudice or affect any
right or action or remedy which has accrued or will accrue thereafter to KELTRON.
4.18 Set off
Any sum of money due and payable to the contractor (including security deposit refundable to him)
under this contract may be appropriated by the Buyer to set off the same against any claim of the
Buyer for payment of a sum of money arising out of this contract made by the Contractor with Buyer.
4.19 Deviation in Quantity
KELTRON reserves the right to reduce or increase the quantity or part thereof to be supplied by +/-
20% of the tendered quantity.
4.20 Time Schedule & Delivery
The work/supply as per the Notice Inviting Tender shall be completed within 6 weeks of placement of
Letter of Indent / Work Order / Supply Order, whichever is earlier, from the buyer.Time is the
Essence of Contract.
It must be understood that the supplier has made the proposal after fully considering all such factors,
which may have any bearing on the time schedule of the contract, and the buyer shall permit no
extension in the schedule whatsoever on these accounts.
Equipment shall be delivered on F.O.R Destination basis in good condition within 6 weeks from Date
of LOI / placement of order.
27
4.23 Guarantee / Warranty
All equipments, including hardware, software, shall be guaranteed against all defects/bugs and for a
satisfactory performance, as per all the listed features, for a period of minimum 64 months from the
date of delivery by the supplier. The bidder shall attend to and repair or replace the defect/bugs/non-
performance of the equipments / services detected or reported to the bidder by the buyer during the
period of warranty, free of any additional cost to the buyer.
Supply of Unauthorized or Pirated or Sub-Standard or Old equipments detected at any date during or
after warranty shall be notified to the Contractor in writing. Such equipments shall be replaced
forthwith by the Contractor at his own cost. Any penalty or litigations arising out of such supplies
shall be the responsibility of contractor and any consequential damages shall be fully compensated
by the Contractor.
4.25 Upgradation
The successful bidder shall guarantee long-term availability of upgraded versions of hardware /
software to the buyer for the full life of the equipment.
Software Updates, Service Packs & Patches.The Software Operating Systems shall be updated at the
time of installation with all the released patches and service packs.
The above shall be applicable during the guarantee / warranty period free of any additional cost.
4.26 Obsolescence
The bidder shall guarantee that the equipments quoted and supplied shall not be obsolete or
proclaimed as ‘End of Sale’ by the Original Equipment Manufacturer during the warranty period.
28
obtained in writing for such a change of model before the delivery of the product. Delivery of the
alternate product without such an approval shall not be accepted and KELTRON shall not be
responsible for any delay in delivery schedule on this account.
4.31 The project shall be closely monitored with respect to this schedule. The physical progress of the
work shall be monitored from time to time and reviewed in the Weekly Progress Review Meetings to
be held as agreed between both the parties.
4.32 Contradiction
In case of any contradiction in or between the clauses above, the more stringent of the clauses shall
prevail.
29
4.33 ANNEXURE-1
Bidder Information Letter
(To be submitted in Letter Head)
S.No. Particulars Details to be furnished
Details of the Bidder(Firm/Company)
1 Name
2 Address
3 Telephone Fax
4 Email Website
5 Name
6 Address
7 Telephone Email
30
ANNEXURE-2
BID FORM
To
Signature of
In capacity of
Witness 1. ------------------------------------------
Signature
Witness 2. ---------------------------------------------
Signature
31
4.34 ANNEXURE-3
Sir,
Pursuant to Clause 4.10, - FORCE MAJEURE, it is for your kind information that a case of force
majeure has since occurred. Details are given below:
We are entitled to an extension in the date of completion as requested above. Bar Chart with
revised schedule of activities is attached. Please approve the extension in the time. Evidence of the
date of occurrence is also enclosed.
It is certified that performance of the Contract has been interfered with. It is also certified that the
incident has not occurred due to our own action and that there has not been any lack of action by
us in preventing the occurrence.
We are only claiming the extension in the date of completion of the activity (ies) and not claiming
the loss incurred in the course of the incident.
Yours truly,
(Project Leader)/Contractor
Enclosures:
1. Revised Bar Chart.
33
Nodes Min. 3 or more Nodes meeting RFP requirements
Required with redundant Boot Drives in order to ensure
highest level of availability to be proposed.
The proposed solution must be able to sustain one
7 node failure. That is, even if a nodes fail remaining
nodes should provide user application the specified
number of usable physical cores, usable RAM &
usable storage
capacity as mentioned.
Processor Total Usable cores should be 42 cores across the
Cores nodes using intel Cascade lake processors with
8
minimum 2.2 Ghz
or more
9 Memory Total useable memory should be 200 GB DDR4 RAM
at 2666 Mhz or above across the cluster
10 Storage Cache 2 x 800GB SAS SSD with an endurance of at least 3
DWPD
for caching tier
Total Usable Total usable capacity should be 25 TB or more using
Storage SSD/10K SAS HDD for the cluster with FTT=1 or
RF=2, excluding the overhead of Hardware Raid,
11 Compression, de- duplication etc. The capacity
should be scalable from 25TB
to 50TB useable without adding any additional
nodes.
12 Network Minimum of 4 x 10 Gb SFP+ ports with
Switch optics/transcivers to be populated on each node
and the bidder can propose either new 10G SFP+
switch or can use the existing 10G
SFP+ switch installed at NISH.
Solution must provide quality of service on a per-
VM basis, meaning IOPS threshold limits can be set
13
as a part of the
VM level policies that can be dynamically changed.
14 Virtualization software shall provide a virtualization
layer that sits directly on the bare metal server
hardware with no dependence on a general purpose
Baremetal OS for greater reliability
Hypervisor and security
Virtualization software should provide Zero
downtime, Zero data loss and continuous
availability for the applications running in virtual
15 machines in the event of physical host failure,
without the cost and complexity of traditional
hardware or software clustering solutions. Solution
should be able to enable for VMs with upto 2 or
34
more vcpu‘s
35
Scale Up and The solution should support non-disruptive Scale-Up
Scale Out (Upgrade by inserting additional drives in existing
empty drive-slots if any) whenever required without
any additional licensing cost and Scale-Out (Upgrade
23
by adding nodes) upgrades to grow capacity and/or
performance with no disruption to the workloads
already running on the
platform.
24 Single Single cluster should be scalable upto 64 nodes.
cluster Max. Virtual Machine should be capable to use compute,
Scalability memory & storage resources on any of the node in
a 64 nodes in a
single cluster.
Redundancy Proposed solution should have replication software.
& Business to DR site This replication should be granular in
Continuity nature with Any Point-In-Time Recovery feature.
Licenses for atleast 15 VM replication should be
25
made available with capabilities of WAN bandwidth
optimization using features like deduplication,
compression. The solution should have
capability to protect against data corruption
26 Third party Replication software (not from appliance
OEM) are acceptable, however, these should
integrate with the hypervisor for providing VM level
replication and recovery
capabilities.
27 Manageability Single Web Interface Central Management for
Compute, Network, Storage and Clustering.
28 Single Patch from the HCI OEM for proposed HCI
appliance including appliance hardware and
software.
Management tool should allow Single Click
Upgrade/Update for all components of compute
29
(including network adapter, BIOS), hypervisor and
SDS
Patch Hyper Converged Solution should support single
Management RCM (Release center Matrix) or single patching
capabilities for both Hardware and Software on an
30
HCI Appliance. Bidder need to attach product
technical specification sheet & OEM
Certificate to authenticate their claim.
Scalability Proposed solution must support automated cluster
31 deployment, configuration and non- disruptive
updates and migration
36
32 General Virtualization software should support live Virtual
Features Machine migration between different generations
of CPUs in the same cluster and without the need
for shared storage option.
The solution should able to support different
generation of Intel processors in the same cluster
33
for investment
protection over the life of the proposed solution.
34 The solution should provide integration of 3rd party
endpoint security to secure the virtual machines
with offloaded antivirus, antimalware solutions
without the
need for agents inside the virtual machines.
Shall distribute data intelligently across all nodes
and capacity utilization across all nodes has to be
35
uniform at all
times .
36 The solution should provide a virtual switch which
can span across a virtual datacenter and multiple
hosts should be able to connect to it. This in turn
will simplify and enhance
virtual machine networking in virtualized
environments
37 The solution should provide integration of 3rd party
endpoint security to secure the virtual machines
with offloaded antivirus, antimalware solutions
without the
need for agents inside the virtual machines.
Solution must provide quality of service on a per-
VM basis, meaning IOPS threshold limits can be set
38
as a part of the
VM level policies that can be dynamically changed.
39 Rack Mount Proposed appliance should be rack mountable and
Kits all
accessories needed should be provided from
OEM/bidder.
Single Point of Single point of support for HCI solution including L1,
Support L2, L3 for Hardware and Software (Virtualization &
40
SDS) from
same OEM only to be provided.
Hybrid Cloud Proposed Appliance and hypervisor should support
and be certified to allow seamless integration with
hybrid clouds by addition of generally available
41
software allowing bi- directional mobility of
VMs/Workloads between private and
public clouds without any downtime.
37
OS Support Proposed HCI solution and Hypervisor to support
Guest OS running latest versions of Windows
Standard/Data Center 2018 or above , SUSE
Enterprise Linux, RHEL 4 and above.
Bidder to produce support matrix from Hypervisor
42
OEM confirming compatibility of proposed
Hypervisor with Guest OS asked in this clause as
well as respective Guest OS OEMs confirming
compatibility to hypervisor proposed in this
solution.
43 Management Bidder to propose one 24 Port Gigabit Management
Network Switch
Ports for proposed HCI and Storage Appliances.
HCI Network Solution should have no dependency on
properiatary interconnects i.e should have
capability to connect to 3rd party network switches
44
as well. Network switches in the solution should will
be provided by NISH for connecting the
HCI appliance
Professional Bidder should have a competent and Technical
Services certified HCI expert in its payroll for carrying out the
installation and migration activity else bidder must
engage OEM professional service for the design and
45
onsite deployment of the solution with OEM quoted
and if that’s the case this
needs to execute without incurring any cost to
NISH.
38
5 Storage 2 x 480GB SSD SATA Mix Use 6Gbps with hardware
RAID 1, 5 x 8TB 7.2K RPM SATA 6Gbps
6 Drive Bays 12 x 3.5" SAS/SATA or better
7 RAID 12Gb/s SAS Raid Controller 2Gb cache
Controller
8 NIC 10Gb –SFP+ ports – 2 no:s
9 Remote Remote Management card with Dedicated
Management Management/ Network Interface should support
IPv4, IPv6, VLAN Tagging. Should be support remote
boot, OS deployment and shutdown
10 Rack Mount Sliding Rail that should support form factor
Kit
11 Power Supply Hot swappable redundant Power Supply and Fan
& Cooling
system
12 Failure alert The server should be able to alert impending
failures on maximum number of components. The
alerting mechanism should at least include
Processor, memory, Power Supply,
FAN and Hard Disk Drives
Operating
13 System Microsoft Server 2019 License should be provided
39
Sl Paramet Complianc
Description
No: er e Yes/No
Analyst Backup software propsed should be in Gartner's
Rating leader quadrant for last four years in gartner Magic
1
Quadrant
report for Data Protection / Backup Software.
The proposed Backup software must offer
minmimum 10 VM based licenses with no
restrictions on type of arrays (protecting
2 heterogenous storage technologies), front end
Licensing production capacity or backup to disk target
capacity
restrictions.
3 Licenses supplied should have licenses for Primary
site workloads with 5 year support
Backup software should have Capability to do trend
analysis for capacity planning of backup
environment, extensive alerting and reporting with
Reporting
4 pre-configured and customizable formats. Any
Capabilities
specialized reporting modules needed must be
quoted along with associated hardware to
achieve this functionality. All necessary hardware
resources required to run this module should be
supplied.
5 Proposed solution should support 24x7 real-time
monitoring, with at-a-glance and drill-down views of
health, performance and workload of the virtual
hosts.
6 Proposed solution should support automated action
for popular alarms (automated or semi-automated),
with at-a- glance and drill-down views of health,
performance and
workload of the virtual hosts.
7 Software should be able to restore VMs to a cloud
service
provider like AWS or Azure directly from the backup
Data
copy.
Protection
8 Software should be able to extend the backup
and Recovery
repository to a public cloud service provider by
in the cloud
moving older files to any
S3 Compatible Object storage or Azure BLOB
repositories.
40
9 Backup software should be an image level backup
software supporting popular hypervisors like
Vmware, Hyper-V and Nutanix AHV Virtual
Environments. Provide Block level Incremental
and Differential Backup and support
Incremental and Differential Imaging.
Backup software should support agentless backups
of applications reisding in VMs like SQL, Exchange,
Sharepoint, Oracle, etc. with non-staged granular
recovery of all these applications. It should support
10
crash consistent VM level backup for all other
workloads. Backup software should
support SAP HANA backup integrated with HANA
Cockpit
11 Proposed backup software should be able to
leverage Immutable Cloud based storage like S3-
Immutable service to prevent backup copies of data
from any corruption or
ransomware attacks.
Backup software should be a Hardware Agnostic
software and it should support snapshot integration
with hypervisors like VMware, Hyper-V and Nutanix
12 AHV and support de- duplication on any storage
target. It should be able to backup data to tapes
(like LTO) as well for long term
retention.
13 The proposed backup software should provide
recovery
from physical servers to Virtual and image level
recovery.
14 Backup Backup software should support file level recovery
support for from any backup of any VM or physical server. It
hypervisors should support a full system recovery in case of a
and system crash, either on a
Applications physical system or as a virtual machine.
15 Backup software should have integrated data de-
duplication engine with multi-vendor storage
support to save space by storing de-duplicated
copies of data. The de- duplication engine should
also facilitate IP base replication of de-dupe data. All
necessary hardware and software
required to support this functionlaity should be
supplied along with other components
16 Backup software should provide best RTOs and
RPOs
through booting of Virtual Machines directly from
41
the Backup to reduce the downtime.
42
Proposed backup software should have the ability
to perform staged restores to enable admins to
comply to regulations by selectively deleting files /
records which should not be restored from the
24
backup copies. This will help in complying to "right
to be forgotten"regulations like GDPR, where user
data is deleted from restored backup
copies in an auditable manner.
Backup software should support instant recovery of
physical server data as a vmware VM without
25
having to
move physical server data back to production host
43
4.36 Annexure-5
44
4.37 ANNEXURE-6
Ref : KSEDC/ITBG/IIS/9541
To
Kerala State Electronics Development Corporation Limited
Keltron House, Vellayambalam,
Thiruvananthapuram – 33
Dear Sirs,
The Bank undertakes not to revoke this guarantee during its currency without previous
consent of the Owner and further agrees that the guarantee herein contained shall continue to be
enforceable till the Owner discharges this guarantee. The Owner shall have the fullest liberty, without
affecting in any way the liability of the Bank under this guarantee, to postpone from time to time the
exercise of any powers vested in then or of any right which they might have against the Contractor,.
And to exercise the same at any time in any manner, and either to enforce or to forebear to enforce
any covenants, contained or implied, in the Contract between the Owner and the Contractor or any
45
other course of or remedy or security available to the Owner. The Bank shall not be released of its
obligations under these presents by any exercise by the Owner or by any other matters or thing
whatsoever which under law would, but for this provision, have the affect of relieving the Bank. The
Bank also agrees that the Owner at its option shall be entitled to enforce
this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against
the Contractor and notwithstanding any security or other guarantee that the Owner may have in
relation to the Contractors liabilities.
a. The Hardware / Software supplied under the contract by the Contractor shall be free from all
defects / bugs and upon written notice from KELTRON, the Contractor shall fully remedy, free of
expenses to KELTRON, all such defects / bug as developed under the normal use of the said hardware
/ software within the period of guarantee/Warranty.
b. The performance guarantee is intended to secure the performance of the entire system. However,
it is not to be construed as limiting the damages stipulated in any other clause of tender.
Notwithstanding anything mentioned herein above our liability under this guarantee is restricted to
Rs. _____________ and it shall remain in force up to and including ___________ and shall be
extended from time to time for such period (not exceeding one year), as may be desired by M/s
_____________ on whose behalf this guarantee has been given.
WITNESS
46
4.38 ANNEXURE-7
On Rs. 200/- Non Judicial Stamp Paper
AGREEMENT
This agreement is made at Thiruvananthapuram on the ……day of Two Thousand and fifteen
between Kerala State Electronics Development Corporation, IT Business Group, Vellayambalam,
Trivandrum which expression shall, wherever the context so permits and includes its successors and
assigns) herein after referred as “KELTRON”) of the one part, and ....................................................
........................ with its registered office at ……………………………………………, represented by Shri/ Smt
......................................................................... (name and address of the supplier) (Hereinafter
referred to as "the supplier") of the other part.
Whereas KELTRON has invited a tender vide tender number. KSEDC/ITBG/IIS/9541 for the supply of
Hyper Converged Infra Structure and other Accessories as per the schedule given therein,
WHEREAS the supplier herein above has submitted specific proposals in response to the above
tender to undertake the supply and installation of hardware and accessories after tendering process,
sample approval and price clearance
WHEREAS KELTRON has after tendering and evaluation of samples, accepted the rates for the supply
and installation of hardware and accessories
1. The Supplier hereby declares that the goods sold to KELTRON under this contract shall be of the
best quality and workmanship and shall be strictly in accordance with the specifications and
particulars contained in the Purchase Order attached herewith and supplier hereby guarantees that
the said goods would continue to conform to the description and quality aforesaid for a period of
twelve months from the date of delivery of the said goods to KELTRON and that notwithstanding the
fact that KELTRON may have inspected or approved the said goods, if during the aforesaid period of
12 months the said goods be discovered not to conform to the description and quality aforesaid or
have deteriorated (and the decision of the KELTRON in that behalf will be final and conclusive)
KELTRON will be entitled to reject the said goods or such portion thereof as may be discovered not to
conform to the said description and quality. On such rejection the goods will be at the supplier’s risk
and all the provisions herein contained relating to rejection of goods, etc, shall apply. The supplier
shall, if so called upon to do replace goods, etc. or such portion thereof as is rejected by the
KELTRON. Otherwise the supplier shall pay to KELTRON such damages as may arise by reason of the
breach of the condition herein contained. Nothing herein contained shall prejudice any other right of
KELTRON in that behalf under this contract or otherwise.
2. Requests for enhancement of rates once accepted will not be considered except where KELTRON
have prior to the actual supplies, expressly agreed in writing for any price variation under specified
circumstances. Conditions of sale or other special terms and conditions, if any, printed on the
quotation sheets of the Supplier or attached with the supplier’s tender or any other letter or paper
47
from the supplier will not govern this contract nor bind the KELTRON in any manner whatsoever
unless such terms have been expressly accepted by KELTRON in writing.
3. The articles and quantities to be supplied are shown in the Purchase Order attached herewith.
The Supplier agrees to supply the quantities of the articles shown in the order at the rate tendered by
him for each article within four weeks from the date of receipt of the order.
4. The supplier agrees that time is the essence of this contract
5 If the supplier defaults in the due supply of all or any of the articles correctly and promptly as
above,
KELTRON are at liberty to procure the same from elsewhere without cancelling the contract as a
whole. If KELTRON incur, in thus procuring such materials, a higher cost than the agreed rate such
excess cost may be deducted by KELTRON from the Supplier's bill or adjusted or otherwise realized
from his security deposit or recovered from him by other means. The Supplier agrees that he shall
not be entitled to claim the excess, if any, of the tendered rate over such cost to KELTRON.
(b)If the Supplier fails to deliver all or any of the item or perform the service within the time/period
specified in the contract, the purchaser shall without prejudice to its other remedies under the
contract, deduct from the contract price as liquidated damages, a sum equivalent to 1% of the
delivered price for the delayed stores or unperformed services for each week of delay until actual
delivery or performance, up to a maximum deduction of 10% of the contract price of the delayed
stores or services. Once the maximum is reached, the purchaser may consider termination of the
contract at the risk and cost of the contractor.
6. All payments to the Supplier for supplies affected satisfactorily will be
made after scrutiny of Invoices .The firms shall produce Original Invoice in Form No. 8/8A, Delivery
Challans& Installation Certificates duly acknowledged by the customer within 15 days after the
successful installation.
7. The Supplier shall not assign or make over in part or wholly the contract or
the benefits or burdens thereof. The Supplier shall not underlet or sublet
the execution of the contract or any part thereof without the consent in writing of KELTRON.
KELTRON shall have absolute power to refuse such consent or revoke
such consent (if given) at any time. The Supplier shall not be relieved from
his obligation, duty or responsibility under this Contract even if consent to
let or sublet is given by the KELTRON
8. NOTWITHSTNADING the provisions contained in clause 4, the KELTRON shall have the right to
cancel the contract for any default on the part of Supplier in due performance thereof.
9. It shall be lawful for KELTRON from and out of any money for the time being payable or due to the
Supplier from KELTRON under this contract or otherwise to set off any loss or expense, cost or
damages, sustained or incurred by KELTRON by reason of the cancellation of the contract.
10.The Supplier agrees that any communication addressed to him may be handed over to him or his
agent personally or left at his residence or place of business or may be sent by pre-paid post to his
address as mentioned this deed.
11.The security deposit shall subject to the conditions specified herein be returned to the Supplier
within three months after the expiration of the contract. In all cases where there are guarantee for
the goods supplied the security deposit will be released only after the expiry of the guarantee period.
48
12.In case the supply of articles involves erection of machinery the Supplier agrees that the
machinery will be erected within the time and at the place specified by KELTRON in the behalf. It shall
also be the duty and responsibility of the Supplier to see that the machinery thus, erected is in good
working condition to the satisfaction the person duly authorized by KELTRON in that behalf and to
ensure the proper functioning of the machinery till the guarantee period is over. In the event of the
failure of the contractor to erect the machinery within the time and at the place specified by
KELTRON or in the event of the machinery failing to function properly during the guarantee period,
the amount spent by KELTRON and the loss sustained by the KELTRON on this account by making
alternative arrangements shall be recoverable from the supplier in the manner provided in clause 14
hereunder.
13. The Supplier agrees that all sums found due to KELTRON under or by virtue of these presents
shall be recoverable from him and his properties, movable and immovable, under the provisions of
the Revenue Recovery Act, for the time being the force as though they are arrears of land revenue or
in any other manner and within such time as KELTRON may deem fit. In deciding what sum of
money is due KELTRON under by virtue of this deed, the Supplier agrees that the decision of KELTRON
shall be final and conclusive and shall be binding on the Supplier.
A service centre shall be designated for reporting the problems. It should be accessible over
telephone through a toll-free number and online complained registration system. It should be
possible to report and obtain status of reported calls in Malayalam.
Any legal disputes between the parties, the same shall be referred to the Court
having jurisdiction in Thiruvananthapuram.
IN WITNESS WHERE OF the Supplierand Shri (Name and
designation) for and on behalf of KELTRON have hereunto set their hands
Signed, sealed and delivered by …………………………………………………………………
(Supplier) Signature with Seal
2.
2.
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4.39 ANNEXURE-8
The Manger
Purchase ,
ITBG ,Keltron
Vellayambalam, Thiruvananthapuram
Kerala
Date:
I have carefully gone through the Terms & Conditions contained in the RFP Document
[No._________________] regarding Appointment of an Agency for “The Supply, Implementation
and Commissioning Of Hyper Converged Infrastructure for Keltron”. I hereby declare that my
company has not been debarred/black listed by any Government / Semi-Government organizations
in India. I further certify that I am competent officer in my company to make this declaration.
Yours faithfully,
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