Pre-Bid Queries & CIL Clarifications

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1 Pre-Bid Queries & CIL Clarifications Tender : CIL/C2D/CAMC Data Centre/18-19/316 Dated: S. Page Clause Subclause Clause Description Bidders Queries Our clarifications Firm 1 1 General Is there scope of Diesel Generator in NIT or not? Firm A. The definition of similar work shall be as follows: Installation / Maintenance / Operation & maintenance of Data Centre of Tier III standard /compliant or higher Data Centre in India. Requesting to make it as The definition of similar work shall be as follows: No Or Installation / Maintenance / Operation & maintenance of IT infrastructure with Data Centre of Tier III standard /compliant or higher in India. "Installation /Upgradation/ Maintenance / Operation & maintenance of Data Centre of Tier II / III standard /compliant or Higher Data Centre in India". OR "Installation / Maintenance / Operation & maintenance of IT infrastructure with Data Centre of Tier III standard /compliant or Higher in India".

2 Firm The bidder will have to make the payment of EMD through online mode only. In Online mode the bidder can make payment of EMD either through net-banking from designated Bank/s or through NEFT/ RTGS from any scheduled Bank. Earnest Money Deposit (EMD): Request for considering Bank Guarantee also as an option for submission of EMD EMD should be paid only through the system in online mode. 2 38,39, , 4.6 Net-Banking: In case of payment through net-banking the money will be immediately transferred to CIL s designated Account. NEFT/ RTGS: In case of payment through NEFT/ RTGS the bidder will have to make payment as per the Challans generated by system on e-procurement portal before submission of bid. The EMD payment through NEFT/ RTGS mode should be made well ahead of time to ensure that the EMD amount is transferred to CIL account before bid submission. 4.4 All Running on Account Bills shall be paid at 95%. The balance 5% shall be treated as retention Money and will be second part of security deposit. The Retention Money amount may be refunded against equivalent Bank Guarantee, in the form given in the bid document only for values above Rs. 25 lakhs. The validity of the Bank Guarantee shall be for 270 days beyond the period of contract or extended period of contract, if any. Performance Security: Maximum 5% of ACV PBG (by whatever name called) shall apply and PBG can be invoked only in case of material breach after reasonable cure period and 30 days notice. As per NIT Terms & 4.6 Additional performance security shall be applicable if the bid price is 15% below the estimated cost put to tender. The amount of such additional performance security shall be the difference between 85% of the estimated cost put to tender and quoted price Following section outlines the service level indicators & and the target performance levels to be maintained by the Agency during the contract period. This shall be used to track and report performance on a regular basis. These SLAs shall Service Levels & Penalties: LD / Penalty to be capped to Max 5% of Monthly/quarterly billing.

3 be strictly imposed, and if required by CIL, third party audit/certification agency may be deployed for certifying the performance of the Agency against the target performance metrics as outlined in the table below. The SLA will be measured on Quarterly basis The payment will be made on quarterly basis after successful completion of each quarter within 21 days of submission and acceptance of the bill. The bidder will submit the quarterly bill in triplicate along with required reports as per NIT, duly accepted by GM (E&T),CIL or his authorized representative. All Running on Account Bills shall be paid at 95%. The balance 5% shall be treated as retention Money and will be second part of security deposit. Penalty deductions (if any) will be deducted from the quarterly bill along with TDS/other deductions as applicable. Payment: The payment shall be monthly / Quarterly in advance within 15 days of submission of invoice. If the payment is not received within 30 days from the due date while HCL has submitted its Invoice HCL reserves the right to suspend the services by prior intimation. 5 General Limitation of Liability: Notwithstanding anything else contained in this Agreement HCL shall not be liable to the customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever. HCL s maximum liability shall not exceed 10% of total fee paid by the customer The company shall, in addition to other remedial steps to be taken as provided in the conditions of contract, be entitled to cancel the contract in full or in part, if the contractor. Termination, Suspension, Cancellation & Foreclosure Of Contract: Termination rights should be from both side

4 The validity period of the tenders shall be 120 (One Hundred & Twenty) days from the last date of submission of bid. Firm XV JV shall open a Bank Account in the name of JV and all payments due to the JV shall be credited by employer to that account only. To facilitate statutory deductions all statutory documents like PAN/GSTIN, etc. in the name of the Joint Venture shall be submitted by JV before making any payment Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises (MSME) will be exempt from the payment of earnest money. Such bidders will have to upload the scanned copy of the documents in support of their claim for exemption of EMD during submission of bid online. Bid Validity: HCL Proposal and the terms and conditions are valid till < 60 DAYS > unless extended in writing by HCL. We are wanting to enquire whether opening of a separate Bank account is applicable in case of Consortium. We are wanting to enquire that in case of Consortium Bidding, if one partner is registered under MSME and whether EMD exemption will be applicable. Firm 5 1 General Exemption of Central/State PSUs from EMD submission A. The definition of similar work shall be as follows: Installation/Maintenance/Operation & maintenance of Data Centre of Tier III standard /compliant or higher Data Centre in India. Changing the Eligibility Criteria on work experience to "Installation / maintenance / operation and maintenance of data As per Annexure IV of the NIT, the bidders are required to enter into a JV/Consortium agreement and separate bank account will have to be opened in the name of JVs/Consortiums (Sr. 10). As per NIT Clause 3, the bidders who are MSEs as per definition of MSE procurement policy issued by Dept. of MSME (MSME Act, 2012) are only exempted from payment of EMD subject to uploading of copy of relevant documents. Therefore, if the bidder is a consortium, they should be registered as MSME as per MSME Act, 2012 for availing the benefit of exemption of EMD. Not exempted as per NIT

5 Or Installation / Maintenance / Operation & maintenance of IT infrastructure with Data Centre of Tier III standard /compliant or higher in India. Firm A Work Experience: The bidder must have in its name or proportionate share as a member of JV/Consortium, experience of having successfully executed (includes completed/ongoing) works of similar nature (as per the definition of similar nature of work given below) valuing 65% of the annualized estimated cost of the work put to tender (for period of completion over 1 year) / 65% of the estimated cost of the work (for completion period up to one year) put to Tender in any year (consecutive 365 days) during last 7(seven) years ending last day of month previous to the one in which bid applications are invited A The definition of similar work shall be as follows: Installation / Maintenance /Operation & maintenance of Data Centre of Tier III standard /compliant or higher Data Centre in India. Or Installation / Maintenance / Operation & maintenance of IT infrastructure with Data Centre of Tier III standard /compliant or higher in India. Center of Tier II standard /complaint or higher data center in India". Since Tier II/III are similar except on redundancy rates, which usually involves higher costs. Need to simplify for how much value order require for one year work completion. Requesting to make it as The definition of similar work shall be as follows: Installation/Maintenance/ Operation & maintenance of Data Centre/IT infrastructure of Tier III standard /compliant or higher Data Centre in India. Or Installation/Maintenance/ Operation & maintenance of IT infrastructure with Data Centre/IT Infrastructure of Tier III standard/compliant or higher in India. The required Service Experience value is appearing under Tender details (Required Service Experience Details) mentioned in e-procurement portal of Coal India Limited. The bidder will be able to see the value after login into the portal and upon submission of their e-bid

6 Firm 7 1 Please clarify which Minimum Wage is to be followed for the manpower deployed? 2 Will Minimum Wage Hike be reimbursed by the client? 3 Please clarify which statutory obligations are to be followed? Authorization from OEM: The bidder (Lead partner in case of JV/Consortium) should submit valid letter from the OEMs confirming the following : Authorization for bidder confirming that the back to back support including spares, patches for the mentioned equipment shall be provided by OEM for next 3 years (entire contract period) from date of commencement of the contract A Work Experience: The bidder must have in its name or proportionate share as a member of JV/Consortium, experience of having successfully executed (includes completed/ongoing) works of similar nature (as per the definition of similar nature of work given below) valuing 65% of the annualized estimated cost of the work put to tender (for period of completion over 1 year) / 65% of the estimated cost of the work (for completion period up to one year) put to Tender in any year (consecutive 365 days) during last 7(seven) years ending last day of month previous to the one in which bid applications are invited. As per Clause 15 sub head 7 of Chapter 1 of Tender Document. Authorization required from OEM has been mentioned by the client. Please specify if any other OEM authorization is required apart from the above-mentioned ones? As per Clause A under Pt. 8 of Chapter 1 of Tender Document. it has been understood that the bidder/consortium should have executed Similar nature of works (as defined in the tender Document) of Rs.1.09 Crores (for a period of completion over 1 year) in any year (Consecutive 365 days) during last 7 years. Please confirm our understanding? As mentioned in Clause No 12(xi), Chapter 4 - Conditions of Contract, General Terms and Conditions of NIT. As mentioned in Clause No 12(xi), Chapter 4 - Conditions of Contract, General Terms and Conditions of NIT. All statutory obligations relevant to this NIT are to be followed. Clearly indicated at Clause 15, S. 7 of Chapter 1, NIT Terms & Conditions The required Service Experience value is appearing under Tender details (Required Service Experience Details) mentioned in e-procurement portal of Coal India Limited. The bidder will be able to see the value after login into the portal and upon submission of their e-bid.

7 6 Please clarify in case of consortium. Whether experience from all partners will be considered or not? Consumable List: During the pendency of the contract the As per Clause 6 under consumables required for maintaining the SLA, the scope of Consumable List of Chapter providing the consumables is as follows: 2 of Tender Document. Please clarify whether there are any other consumables apart from the mentioned ones in clause 6? If yes. Please clarify whether the cost of such consumables will be reimbursed on actuals or not? 8 Back to back material support for All OEMs. Please furnish Name & Details of the OEM 9 Spare stock requirement not defined in the tender. 10 Can Material and extra support bill be processed separately for payment as payment terms are on quarterly basis. Material cost will be engaged for 3 months. 11 What is details behind up gradation & modification of IT Infrastructure? Cost need to be include within the 3 years' rate. Details required. As per Clause 8 of Chapter 1 & NIT Terms & As per details specified in clause 6 and clause 2.1-F of Chapter 2 of NIT. To be dealt as per details in clause 2.1-B,C,D & clause 3.5(b) of Chapter 2 of NIT Terms & To be dealt as per details in Clause 2.1F & 3.5(b) of Chapter 2 NIT Terms & As per NIT Terms & As per details in clause 2.1-I & clause 5.3 of Chapter 2 of NIT Terms &

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